{"operation":"document","citation":"CPF 52022032NOA","title":"PHILLIPS 66 PIPELINE LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-04-25","effective_on":null,"summary":"CLOSED notice of amendment citing 195.403(a), 195.403(b), 195.403(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022032noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022032noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022032noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52022032NOA","body":"Notice of Amendment involving PHILLIPS 66 PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 195.403(a),  195.403(b),  195.403(c). The case was opened on 2022-04-25 and is reported as closed as of 2022-06-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52022032NOA_Closure Letter_06022022_(21-228051).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022032NOA/52022032NOA_Closure%20Letter_06022022_(21-228051).pdf\n\n52022032NOA_Closure Letter_06022022_(21-228051)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022032NOA/52022032NOA_Closure%20Letter_06022022_(21-228051)_text.pdf\n\n52022032NOA_Notice of Amendment_04252022_(21-228051).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022032NOA/52022032NOA_Notice%20of%20Amendment_04252022_(21-228051).pdf\n\n52022032NOA_Notice of Amendment_04252022_(21-228051)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022032NOA/52022032NOA_Notice%20of%20Amendment_04252022_(21-228051)_text.pdf\n\n52022032NOA_Operator Response to Notice_05202022_(21-228051).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022032NOA/52022032NOA_Operator%20Response%20to%20Notice_05202022_(21-228051).pdf\n\n52022032NOA_Notice of Amendment_04252022_(21-228051)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA E-MAIL TO MR. TODD DENTON\nApril 25, 2022\nMr. Todd Denton\nPresident\nPhillips 66 Pipeline, LLC\n3010 Briar Park Drive\nPWC-7109\nHouston, TX 77042\nCPF 5-2022-032-NOA\nDear Mr. Denton:\nFrom August 16 through August 19, 2021, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Phillip 66’s\nwritten procedures for its Portland Terminal in Portland, Oregon.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within Phillip 66’s\nplans or procedures, as described below:\n1. §195.403 Emergency response training.\n(a) Each operator shall establish and conduct a continuing training program to\ninstruct emergency response personnel to:\n(1)…\n(2)…\n(3)…\n(4)…\n(5)…\nPhillip 66’s procedure, identified as “P66-TSD-0103 - Verification of Personnel Knowledge, Procedure,\nEffectiveness, & Emergency Response Training, Rev. 13 - Effective Date: 2021-04-08” is inadequate to\nassure the safe operation of a pipeline facility. Specifically, this procedure identifies incorrect regulatory\nrequirements: Sections 2 and 4 reference § 195.555, which is specific to corrosion control supervisors\n\n\n\nunder Subpart H - Corrosion Control, not emergency response; and Sections 2.0 and 5.4 reference\n§195.402(c)(13), which requires periodic review of work done by operator personnel to determine the\neffectiveness of procedures used in normal operation and maintenance, not emergencies.\nPhillips 66 should revise its procedure cited above to ensure that the correct regulatory citations and\nrequirements are included. Emergency Response regulations are identified in §195.402(e)(1) through\n(e)(10), and §195.403 Emergency Response Training.\n2. §195.403 Emergency response training.\n(a) …\n(b) At intervals not exceeding 15 months, but at least once each calendar year, each\noperator shall:\n(1) Review with personnel their performance in meeting the objectives of the\nemergency response training program set forth in paragraph (a) of this section; and\n(2) Make appropriate changes to the emergency response training program as\nnecessary to ensure that it is effective.\nPhillip 66’s procedure, identified as “P66-TSD-0103 - Verification of Personnel Knowledge, Procedure,\nEffectiveness, & Emergency Response Training, Rev. 13 - Effective Date: 2021-04-08” is inadequate to\nassure the safe operation of a pipeline facility. Specifically, Section 5. Process, Subsections 5.1 and 5.2\nfail to clearly identify how the operator reviews with personnel their performance in meeting the\nobjectives of the emergency response training program set forth in § 195.403(a)(1)-(5). Instead, the\nprocedure focuses only on reviewing procedures, gathering employee feedback, and evaluating Operator\nQualifications (OQ).\nPhillips 66 should revise the procedure cited above to include how its § 195.403(b) review will focus on\ndetermining whether personnel performance meets the objectives set forth in § 195.403(a)(1)-(5). In its\nrevisions, Phillips 66 should consider what documentation, such as performance reviews, is needed to\ndemonstrate compliance with this requirement.\n3. §195.403 Emergency response training.\n(a)…\n(c) Each operator shall require and verify that its supervisors maintain a thorough\nknowledge of that portion of the emergency response procedures established under 195.402\nfor which they are responsible to ensure compliance.\nPhillip 66’s procedure, identified as “P66-TSD-0103 - Verification of Personnel Knowledge, Procedure,\nEffectiveness, & Emergency Response Training, Rev. 13 - Effective Date: 2021-04-08” is inadequate to\nassure the safe operation of a pipeline facility. Specifically, Section 4.0 Responsibilities, Subsection 4.2\nSupervisors, fails to clearly identify and verify how supervisors are maintaining a thorough knowledge of\nthat portion of emergency response procedures established under § 195.402 for which they are\nresponsible to ensure compliance. Instead, the procedure focuses on field personnel rather than\nsupervisors. It also does not explain how supervisory knowledge is verified. For example, is supervisors’\nknowledge verified by their performance during emergency exercises or drills, or real emergencies?\nFinally, Section 4.2 incorrectly lists regulations not associated with emergency response.\nPhillips 66 should revise its procedure cited above to clearly explain how the company verifies that its\nsupervisors have a thorough knowledge of the emergency response procedures established under §\n195.402 for which they are responsible to ensure compliance, and how this verification is documented.\n2\n\n\n\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\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, this\nconstitutes 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 to\nmy office within sixty (60) days of receipt of this Notice. This period may be extended by written request\nfor good cause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Phillips 66 Pipeline, LLC maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Dustin Hubbard, Director, Western Region, Pipeline and Hazardous\nMaterials Safety Administration. In correspondence concerning this matter, please refer to CPF 5-2022-\n032-NOA and, for each document you submit, please provide a copy in electronic format whenever\npossible.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#21-228051)\n3\n\n52022032NOA_Closure Letter_06022022_(21-228051)_text.pdf\n\nVIA E-MAIL TO MR. TODD DENTON\nJune 2, 2022\nMr. Todd Denton\nPresident\nPhillips 66 Pipeline, LLC\n3010 Briar Park Drive\nPWC-7109\nHouston, TX 77042\nCPF 5-2022-032-NOA\nClosure Letter\nDear Mr. Denton:\nOn August 16 through August 19, 2021, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of Phillips 66’s procedures for its Portland\nTerminal in Portland, Oregon. As a result of the inspection, Phillips 66 was issued a Notice of\nAmendment on April 25, 2022, which proposed amendment of your procedures.\nPhillip 66 submitted its amended procedures on May 20, 2022, with an additional revision of the\nprocedure submitted on May 25, 2022. My staff reviewed the amended procedures, and it\nappears that the inadequacies outlined in this Notice of Amendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#21-228051)","truncated":false,"body_characters":9815}