{"operation":"document","citation":"CPF 52022039NOA","title":"LONG BEACH GAS DEPT, CITY OF — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-06-16","effective_on":null,"summary":"CLOSED notice of amendment citing 192.616(a), 192.616(e).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022039noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022039noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022039noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52022039NOA","body":"Notice of Amendment involving LONG BEACH GAS DEPT, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.616(a),  192.616(e). The case was opened on 2022-06-16 and is reported as closed as of 2022-09-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52022039NOA_Closure Letter_09272022_(21-230104).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022039NOA/52022039NOA_Closure%20Letter_09272022_(21-230104).pdf\n\n52022039NOA_Closure Letter_09272022_(21-230104)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022039NOA/52022039NOA_Closure%20Letter_09272022_(21-230104)_text.pdf\n\n52022039NOA_Notice of Amendment_06162022_(21-230104).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022039NOA/52022039NOA_Notice%20of%20Amendment_06162022_(21-230104).pdf\n\n52022039NOA_Notice of Amendment_06162022_(21-230104)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022039NOA/52022039NOA_Notice%20of%20Amendment_06162022_(21-230104)_text.pdf\n\n52022039NOA_Operator Response to Notice_06212022_(21-230104).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022039NOA/52022039NOA_Operator%20Response%20to%20Notice_06212022_(21-230104).pdf\n\n52022039NOA_Notice of Amendment_06162022_(21-230104)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA E-MAIL TO MR. ROBERT DOWELL\nJune 16, 2022\nMr. Robert Dowell\nDirector\nCity of Long Beach Gas & Oil\n2400 East Spring Street\nLong Beach, CA 90806-2285\nCPF 5-2022-039-NOA\nDear Mr. Dowell:\nOn October 26 through 29, 2021, representatives 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 and reviewed the City of Long\nBeach Gas & Oil’s (Long Beach) written procedures for operations and maintenance (O&M) of\nits natural gas pipeline distribution system in Long Beach, California.\nBased on the inspection findings, the following apparent inadequacies were identified within\nLong Beach's plans or procedures, as described below:\n1. § 192.616 - Public awareness.\n(a) Except for an operator of a master meter or petroleum gas system covered under\nparagraph (j) of this section, each pipeline operator must develop and implement a\nwritten continuing public education program that follows the guidance provided in\nthe American Petroleum Institute’s (API) Recommended Practice (RP) 1162\n(incorporated by reference, see § 192.7)…\nLong Beach’s written continuing public education program is inadequate to assure safe operation\nof a pipeline facility. Specifically, Long Beach’s Public Awareness Plan (PAP) 2021 does not\n\n\n\nimplement the requirements of § 192.616(d) and API RP 1162 Section 3.2 and 3.3 because it\nfails to specifically include provisions to educate emergency officials with emergency response\nand/or public safety jurisdiction (e.g., neighboring city/county/state police and fire officials,\ncounty, state and federal emergency management agencies, etc.) and other public safety\norganizations.\nAdditionally, Long Beach’s PAP fails to provide a method for determining when supplemental\npublic awareness program enhancements will be implemented for each stakeholder audience\npursuant to API RP 1162, Section 6.2.\nLong Beach must amend its PAP to include all stakeholder audiences listed in API RP 1162\nSection 3.2 and 3.3 and provide a method for determining when supplemental public awareness\nprogram enhancements will be implemented for each stakeholder audience pursuant to API RP\n1162 Section 6.2.\n2. § 192.616 - Public awareness.\n(a) …\n(e) The program must include activities to advise affected municipalities, school\ndistricts, businesses, and residents of pipeline facility locations…\nLong Beach’s written continuing public education program is inadequate to assure safe operation\nof a pipeline facility. Specifically, Long Beach’s PAP failed to include stakeholders listed in §\n192.616(e), including school districts and individual schools within the service area, affected\nmunicipalities (neighboring cities), non-customers and businesses (within and adjacent to the\nLong Beach service area), and other utility and pipeline companies (operating in the Long Beach\nservice area).\nLong Beach must amend its PAP to include all stakeholders listed in § 192.616(e).\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\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).\n\n\n\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 the City of Long Beach Gas & Oil maintain documentation of\nthe safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Dustin Hubbard, Director,\nWestern Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 5-2022-039-NOA and, for each document you\nsubmit, 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 (#21-230104)\nTerrence Eng, Program Manager, Gas Safety and Reliability Branch, California Public\nUtilities Commission\n\n52022039NOA_Closure Letter_09272022_(21-230104)_text.pdf\n\nVIA E-MAIL TO MR. ROBERT DOWELL\nSeptember 27, 2022\nMr. Robert Dowell\nDirector\nCity of Long Beach Gas & Oil\n2400 East Spring Street\nLong Beach, CA 90806-2285\nCPF 5-2022-039-NOA\nClosure Letter\nDear Mr. Dowell:\nOn October 26 through 29, 2021, representatives 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 and reviewed the City of Long Beach Gas & Oil’s (Long Beach)\nwritten procedures for operations and maintenance (O&M) of its natural gas pipeline distribution system\nin Long Beach, California. As a result of the inspection, Long Beach was issued a Notice of Amendment\non June 16, 2022, which proposed amendment of your procedures.\nLong Beach submitted its amended procedures on September 7, 2022. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you for your\ncooperation.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#21-230104)\nTerrence Eng, Program Manager, Gas Safety and Reliability Branch, California Public\nUtilities Commission","truncated":false,"body_characters":8472}