{"operation":"document","citation":"CPF 52021053NOA","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 192.605(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021053noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021053noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021053noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021053NOA","body":"Notice of Amendment involving CITY OF VERNON. PHMSA's enforcement data identifies the cited regulation as 192.605(b)(1). 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\n52021053NOA_Closure Letter_03212022_(20-195538).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021053NOA/52021053NOA_Closure%20Letter_03212022_(20-195538).pdf\n\n52021053NOA_Closure Letter_03212022_(20-195538)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021053NOA/52021053NOA_Closure%20Letter_03212022_(20-195538)_text.pdf\n\n52021053NOA_Notice of Amendment_12172021_(20-195538).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021053NOA/52021053NOA_Notice%20of%20Amendment_12172021_(20-195538).pdf\n\n52021053NOA_Notice of Amendment_12172021_(20-195538)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021053NOA/52021053NOA_Notice%20of%20Amendment_12172021_(20-195538)_text.pdf\n\n52021053NOA_Operator Response to Notice_02252022_(20-195538).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021053NOA/52021053NOA_Operator%20Response%20to%20Notice_02252022_(20-195538).pdf\n\n52021053NOA_Notice of Amendment_12172021_(20-195538)_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 5-2021-053-NOA\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 system located in Vernon, California.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies found within\nVernon’s plans or procedures, as described below:\n1. § 192.605 - Procedural manual for operations, maintenance, and emergencies.\n(a)…\n(b) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of\nthe requirements of this subpart and subpart M of this part.\n\n\n\nVernon's procedures are inadequate to assure safe operation of a pipeline facility. Specifically,\nthey do not include procedures for establishing the maximum allowable operating pressure\n(MAOP) for a pipeline segment in accordance with §192.619, located in subpart L of Part 192.1\nThe procedures state the desired MAOP and details how to conduct a pressure test of a pipeline\nsegment. The procedures do not, however, explain how Vernon will establish MAOP using the\nlowest pressure calculated using the methods set forth under § 192.619 (c), (d), or (e). This\nrequirement applies to both the distribution and transmission systems. Vernon must amend its\nprocedures to include the method Vernon uses to establish the MAOP for each pipeline segment\nin accordance with §192.619.\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\nthis section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of\nthe requirements of this subpart and subpart M of this part.\nVernon's procedures are inadequate to assure safe operation of a pipeline facility. Specifically,\nVernon's O&M plan does not include a requirement that the MAOP of a pipeline segment be\nconfirmed or revised within 24 months whenever the hoop stress corresponding to the\nestablished MAOP is determined not to be commensurate with the existing class location\npursuant to § 192.611(d), located in subpart L of Part 192.2 Vernon must amend its procedure to\nrequire that confirmation or revision of the MAOP, as required as a result of a study under\n§ 192.609, must be completed within 24 months of the change in class location.\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\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\n1 § 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 § 192.611 - Change in class location: Confirmation or revision of maximum allowable operating pressure.\n(a)…\n(d) Confirmation or revision of the maximum allowable operating pressure that is required as a result of a study under\n§ 192.609 must be completed within 24 months of the change in class location. Pressure reduction under paragraph\n(a) (1) or (2) of this section within the 24-month period does not preclude establishing a maximum allowable operating\npressure under paragraph (a)(3) of this section at a later date.\n2\n\n\n\nU.S.C. 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n30 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Vernon maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Dustin Hubbard, Director, Western Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 5-2021-053-NOA and, for each document you submit, please provide a copy in\nelectronic 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 (#20-195538)\nTerrence Eng, Program Manager, Gas Safety and Reliability Branch\nCalifornia Public Utilities Commission\n3\n\n52021053NOA_Closure Letter_03212022_(20-195538)_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\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","truncated":false,"body_characters":9233}