{"operation":"document","citation":"CPF 52021052NOA","title":"CITY OF VERNON — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-12-17","effective_on":null,"summary":"CLOSED notice of amendment citing 192.13(c), 192.605(b)(1), 192.605(b)(5).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021052noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021052noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021052noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021052NOA","body":"Notice of Amendment involving CITY OF VERNON. PHMSA's enforcement data identifies the cited regulations as 192.13(c),  192.605(b)(1),  192.605(b)(5). The case was opened on 2021-12-17 and is reported as closed as of 2022-03-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021052NOA_Closure Letter_03212022_(20-173128).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021052NOA/52021052NOA_Closure%20Letter_03212022_(20-173128).pdf\n\n52021052NOA_Closure Letter_03212022_(20-173128)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021052NOA/52021052NOA_Closure%20Letter_03212022_(20-173128)_text.pdf\n\n52021052NOA_Notice of Amendment_12172021_(20-173128).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021052NOA/52021052NOA_Notice%20of%20Amendment_12172021_(20-173128).pdf\n\n52021052NOA_Notice of Amendment_12172021_(20-173128)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021052NOA/52021052NOA_Notice%20of%20Amendment_12172021_(20-173128)_text.pdf\n\n52021052NOA_Operator Response to Notice_02252022_(20-173128).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021052NOA/52021052NOA_Operator%20Response%20to%20Notice_02252022_(20-173128).pdf\n\n52021052NOA_Closure Letter_03212022_(20-173128)_text.pdf\n\nVIA E-MAIL TO MR. CARLOS FANDINO\nMarch 21, 2022\nMr. Carlos Fandino\nCity Administrator\nCity of Vernon\n4305 Santa Fe Avenue\nVernon, CA 90058\nCPF 5-2021-052-NOA\nCPF 5-2021-053-NOA\nClosure Letter\nDear Mr. Fandino:\nOn October 12 through 16, 2020, a representative of the California Public Utilities Commission\n(CPUC), on behalf of the Pipeline and Hazardous Materials Safety Administration (PHMSA),\npursuant to Chapter 601 of 49 United States Code, inspected the City of Vernon’s (Vernon)\nwritten procedures for its natural gas transmission and distribution systems located in Vernon,\nCalifornia. As a result of the inspection, Vernon was issued two Notices of Amendment on\nDecember 17, 2021, which proposed amendment of your procedures.\nVernon submitted its amended procedures on February 25, 2022 in response to both Notices.\nMy staff reviewed the amended procedures, and it appears that the inadequacies outlined in both\nNotices of Amendment have been corrected.\nThis letter is to inform you that no further action is necessary and these cases are now closed.\nThank you for your cooperation.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\n\n\n\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#20-173128, #20-195538)\nAngela Kimmey, Deputy City Administrator, City of Vernon,\nakimmey@cityofvernon.org\nTerrence Eng, Program Manager, Gas Safety and Reliability Branch, California Public\nUtilities Commission\n\n52021052NOA_Notice of Amendment_12172021_(20-173128)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA E-MAIL TO MR. CARLOS FANDINO\nDecember 17, 2021\nMr. Carlos Fandino\nCity Administrator\nCity of Vernon\n4305 Santa Fe Ave.\nVernon, CA 90058\nCPF 5-2021-052-NOA\nDear Mr. Fandino:\nOn October 12 through 16, 2020, a representative of the California Public Utilities Commission (CPUC),\non behalf of the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter\n601 of 49 United States Code, inspected the City of Vernon’s (Vernon) written procedures for its natural\ngas distribution system located in Vernon, California.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies found within Vernon’s plans\nor procedures, as described below:\n1. § 192.13 - What general requirements apply to pipelines regulated under this part?\n(a)…\n(c) Each operator shall maintain, modify as appropriate, and follow the plans, procedures,\nand programs that it is required to establish under this part.\nVernon's procedures are inadequate to assure safe operation of a pipeline facility. Specifically, Vernon's\ncustomer notification process does not include the requirement that Vernon must notify each customer\nonce in writing that buried gas piping should be periodically inspected for leaks, periodically inspected\nfor corrosion if the piping is metallic, and repaired if any unsafe condition is discovered, as required by §\n192.16(b).1 Vernon must amend its procedures to include the required customer notification elements\nlisted in § 192.16(b).\n1 § 192.16 Customer notification.\n(a)…\n(b) Each operator shall notify each customer once in writing of the following information:\n(1)…\n(3) Buried gas piping should be -\n(i) Periodically inspected for leaks;\n(ii) Periodically inspected for corrosion if the piping is metallic; and\n\n\n\n2. § 192.605 - Procedural manual for operations, maintenance, and emergencies.\n(a)…\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following, if applicable, to provide safety during\nmaintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of the\nrequirements of this subpart and subpart M of this part.\nVernon's procedures are inadequate to assure safe operation of a pipeline facility. Specifically, they do not\ninclude procedures for establishing the MAOP for a pipeline segment in accordance with §192.619,\nlocated in subpart L of Part 192.2 The procedures state what the desired MAOP is and details how to\nconduct a pressure test of a pipeline segment. The procedures do not, however, explain how Vernon will\nestablish MAOP using the lowest pressure calculated using the methods set forth under § 192.619 (c), (d),\nor (e). This requirement applies to both the distribution and transmission systems. Vernon must amend\nits procedures to include the method Vernon uses to establish MAOP for each pipeline segment in\naccordance with §192.619.\n3. § 192.605 - Procedural manual for operations, maintenance, and emergencies.\n(a)…\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following, if applicable, to provide safety during\nmaintenance and operations.\n(5) Starting up and shutting down any part of the pipeline in a manner designed to assure\noperation within the MAOP limits prescribed by this part, plus the build-up allowed for\noperation of pressure-limiting and control devices.\nVernon's procedures are inadequate to assure safe operation of a pipeline facility. Specifically, the\nprocedure for scheduled gas system shutdown and startup within its Operations, Inspection, and\nMaintenance Plan does not contain a process to assure start up and shut down of its pipeline within the\nMAOP limits, plus the build-up allowed for operation of pressure-limiting and control devices. Vernon\nmust amend its procedures to require that during shutdown and startup, the pressure of the pipeline stays\nwithin the MAOP limits prescribed by Part 192, plus the build-up allowed for operation of pressure-\nlimiting and control devices.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as part of\nthis Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you submit in\nresponse to this enforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with\n(iii) Repaired if any unsafe condition is discovered.\n2 § 192.619 Maximum allowable operating pressure: Steel or plastic pipelines.\n(a) No person may operate a segment of steel or plastic pipeline at a pressure that exceeds a maximum allowable\noperating pressure (MAOP) determined under paragraph (c), (d), or (e) of this section…\n2\n\n\n\nthe complete original document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised procedures, or\na request for a hearing under §190.211. If you do not respond within 30 days of receipt of this Notice,\nthis constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and\nto issue an Order Directing Amendment. If your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R.\n§ 190.206). If you are not contesting this Notice, we propose that you submit your amended procedures\nto my office within 30 days of receipt of this Notice. This period may be extended by written request for\ngood cause. Once the inadequacies identified herein have been addressed in your amended procedures,\nthis enforcement action will be closed.\nIt is requested (not mandated) that Vernon maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and\nsubmit the total to Dustin Hubbard, Director, Western Region, Pipeline and Hazardous Materials Safety\nAdministration. In correspondence concerning this matter, please refer to CPF 5-2021-052-NOA and, for\neach document you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nDustin Hubbard\nDirector, Western Region,\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#20-173128)\nTerrence Eng, Program Manager, Gas Safety and Reliability Branch, California Public Utilities\nCommission\n3","truncated":false,"body_characters":9933}