{"operation":"document","citation":"CPF 120026004M","title":"GORDON TERMINAL SERVICES — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-02-19","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120026004m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120026004m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120026004m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120026004M","body":"Notice of Amendment involving GORDON TERMINAL SERVICES. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2002-02-19 and is reported as closed as of 2004-06-03. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120026004M_Final Order_04302003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120026004M/120026004M_Final%20Order_04302003.pdf\n\n120026004m_final order_04302003_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120026004M/120026004m_final%20order_04302003_text.pdf\n\n120026004m_final order_04302003_text.pdf\n\nUS, Department\nof Ttonsportatton\nResearch and\nSpecial prattrams\nftdmtntslratlan\n400 seventh sl s w\nWashington O C 20590\nAPR 30 Z03\nTimothy H Gordon\nVice President, Operations\nGordon Termmal Services Company\n1000 Ella Street\nMcKees Rocks, Pennsylvaiua 15136\nRe CPF No 1-2002-6006\nCPF No 1-2002-6004-M\nDear Mr Gordon\nEnclosed is the Fmal Order issued by the Associate Admuustrator for Pipelme Safety\nm the above-referenced cases It makes findings of violation and a findmg of madequate\nprocedures, and requires certain corrective action and revision of certain operations,\nmamtenance and emergency procedures When the terms of the Order are completed, as\ndetermined by the Director, Eastern Region, ttus enforcement action wfil be closed Your\nreceipt of the Final Order constitutes service of that document under 49 C F R 1't 190 5\nSincerely,\nGwendolyn M Hfi\nPipeline Comphance Registry\nOffice of Pipehne Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nGordon Ternunal Services Company, )\nRespondent\n)\n)\n)\n)\n)\n)\nCPF No 1-2002-6006\nCPF No I-2002-6004-M\nFINAL ORDER\nOn December 20, 2001 and January 8, 2002, pursuant to 49 U S C ) 60117, a representative\nof the Office of Pipelme Safety (OPS) conducted an on-site pipelme safety mspection of\nRespondent's facihties and records m McKees Rocks, Pennsylvama As a result of the\ninspection, the Director, Eastern Region, OPS, issued to Respondent, by letter dated February\n15, 2002, a Notice of Probable Violation, Proposed Comphance Order (Notice I), and by letter\ndated February 19, 2002, a Notice of Amendment (Notice 2) In accordance with 49 C F R\n) 190 207, Notice 1 proposed finding that Respondent had violated 49 C F R $tt 195 505, 199 7\nand 199 202 snd proposed that Respondent take certain measures to correct the alleged\nviolations Notice 2 proposed, m accordance with 49 C F R tJ 190 237, that Respondent amend\ntlat\nits procedures for Operations, Mamtenance and Emergencies\nRespondent responded to the Notices by letter dated May 7, 2002 (Response) Respondent did\nnot contest the allegations of violation but provided information concermng the corrective\nactions it was taking Respondent also requested an extension of time to subrmt its amended\nprocedures The Region, m a letter dated May 21, 2002, granted Respondent additional time\nRespondent did not request a hearing, consequently, Respondent wiuved its right to one\nFINDINGS OF VIOLATION\nRespondent did not contest the alleged violations for\n195 505, 199 7, and 199 202 in Notice\n1 Accordingly, I find that Respondent violated the following sections of 49 C F R Parts 195\nand 199, as more fully descnbed in Notice 1\n49 C F R tJ 195 505 — faihng to have a written operator quahfication program,\n49 C F R $ 199 7 — fatlmg to maintain and follow a written anti-drug plan that\nconforms to the requirements of Part 199 and the DOT Procedures in Part 40, and\n\n\n\n49 C F R $ 199 202 — faihng to maintam and follow a written alcohol nususe plan that\nconforms to the requuements of Subpart B, Part 199 and the DOT Procedures m\nPart 40\nThese findings of violation will be considered pnor offenses m any subsequent enforcement\nachon taken agamst Respondent\nCOMPLIANCE RDER\nUnder 49 U S C ) 60118(a), each person who engages m the uansportatton ofhazardous hquids\nor who owns or operates a pipehne facihty is reqmred to comply with the apphcable safety\nstandards estabhshed under chapter 601 Pursuant to the authority of 49 U S C $ 60118(b) and\n49 C F R $ 190 217, Respondent is ordered to take the followmg actions to ensure compliance\nwith the pipelme safety regulations applicable to its operations\n(1) Develop a wntten Operator Qualification (OQ) plan that sattsfies the requirements set\nforth in 49 C F R Part 195, Subpart G\n(2) Develop and follow a written Drug and Alcohol plan that meets the requuements of\n49 C FR Parts 40 and 199\n(3) Submit a copy of the completed OQ plan and the completed Drug and Alcohol plan to\nthe Eastern Region Director witlun 90 days of receipt of this Fmal Order. The address\nis Office of Pipelme Safety, 400 Seventh Street, SW, Room 7130, Washmgton, DC\n20590\nAMENDMENT OF PROCEDURES\nNotice 2 alleged inadequacies m Respondent's Operations, Mamtensnce and Emergencies\nManual and proposed to reqmre amendment of Respondent's procedures to comply with the\nrequirements of 49 C F R ltd 195 402, 403, 404, 406, 408, 410, 414, 416, 420, 422, 426, 428,\n430, 434, 438, 440, and 442 Respondent did not contest the proposed Notice of Amendment\nAccordingly, I find that Respondent's procedures are inadequate to ensure safe operation of its\npipelme system Pursuant to 49 U S C $ 60108(a) and 49 C F R tt 190 237, Respondent is\nordered to make the following revisions to its procedures Respondent inust-\n1 t'I 195 402 (c)(5) - Develop procedures for analyzing pipelme accidents to determine\nthen causes\n2 tt 195 402 (c)(7) - Amend its procedures for start-up and shut-down of the system to\ninclude mstructions apphcable to Airport Services International (ASI) personnel\nProcedures should mclude instructions for proper commuiucation between ASI and\nGordon Termmal Services personnel before, during, and after transfer/delivery\noperations, and steps for valve sequencing and tank gaugmg\n\n\n\n$ 195 402 (c)(8) - Develop procedures for facilities not equipped to fiul safe to address\nthe momtonng of pipehne pressure dunng startup and shutdown to assure operauon\nwithm the maximum operating pressure for the system\n$ 195 402 (c)(9) - Develop procedures for detecting abnormal operating conditions for\nfacihties not equipped to fiul safe in areas that would reqmre tnunedhate response by\noperating personnel These conditions can be identified by monttormg pressure,\ntemperature, flow or other appropnate operational data and transmittmg tlus data to an\nattended location\nII 195 402 (c)(11) - Develop procedures for muumizmg the hkelihood of accidental\nigmtton of vapors in areas where the potential exists for the presence of flammable\nhqmds or gases\nII 195 402 (c)(12) - Develop procedures for estabhslung and mamtainmg liaison with\nfire, police, and other appropnate pubhc officials to learn the responsibility and\nresources of each government orgamzahon that may respond to a hazardous hquid\npipelme emergency These procedures must also address the means of commumcatton,\nthe mtervals at wluch the luuson meetmgs will be conducted, and a description of the\nmformation to be exchanged\nCI 195 402 (c)(13) - Develop procedures to provide for reviewing the work done by\noperatmg personnel to determme the effectiveness of the procedures used m normal\noperation and maintenance\n$ 195 402 (c)(14) - Develop procedures to protect personnel from hazards of unsafe\naccumulations of vapor or gas m excavated trenches and makmg available emergency\nrescue equipment, mcludmg a breathing apparatus and a rescue harness and, when\nneeded at the excavation site\n$ 195 402 (d)(1-5) — Develop abnormal operatmg procedures to provide safety when\noperating design lumts have been exceeded These procedures must address the\nreqmrements of IN 195 402 (d)(1-5)\n) 195 402 (e)(1) - Amend its emergency procedures to identify the notices of events that\nreqmre immediate response by the operator, fire, pohce, or other responder\nII 195 402 (e)(3) - Amend its emergency procedures to be more specific about the types\nof emergency equipment needed at the scene of an emergency and where the eqmpment\nhke backhoes, excavators, iur compressors, can be located\nf 195 402 (e)(6) — Develop emergency procedures to provide mstructions for mminuzing\npublic exposure to tn)ury and reducing the probability of accidental ignition by assisting\nwith the evacuation of residents aud assisting with halting or rerouting the traffic on\nroads and railroads in the affected area, or takmg other appropriate action\n\n\n\n13 Ii 195 402 (e)(9) - Develop emergency procedures to provide mstruchons for conducting\na post accident review of employees' activihes to determine if procedures were effective\nm each emergency, and for taking corrective schon where deficiencies are found\n14 Ik 195 402(f) - Develop procedures to mstruct personnel performmg operahon and\nmaintenance activities to recognize conditions that potentially maybe safety-related and\nsub)ect to the reporhng reqmrements under CI 195 55\n15 195403 - Develop emergency response trainmg procedures to address the\nrequirements of Ii 195 403\n16 I9 195 404 - Develop procedures to address the requirements for mamtammg maps and\nrecords\n17 Ii 195 406 - Develop procedures to address the requuements for maximum operahng\npressure\n18 Ik 195 408 - Amend its commumcahons procedures to include a means for momtortng\noperahonal data as required by It 195 402 (c)(9)\n19 $ 195 410 — Amend its procedures to specify where lme markers have to be located\n20 «i 195 414 - Amend its procedures for cathodic protection to address the requirements\nof $ 195 414\n21 $ 195 416 — Amend its external corrosion control procedures to address the requirements\nof $ 195 416\n22 |i 195 420 -Develop procedures to address the reqmrements for valve mamtenance\n23 II195 422 - Amend its procedures for pipelme repair to cover rnatenal, welding, and\ntesting that is planned for pipelme and tank facihties repairs m the system\n24 ) 195 426 - Develop procedures to address the requirements for scraper and sphere\nfacihhes to instruct personnel operahng these facdities\n25 Ii 195 428 - Develop procedures for inspectmg and testing pressure limiting devices,\nrehef valves, pressure regulators, or other items of pressure control equipment\n26 ) 195 430 - Amend its procedures on firefighting equipment to satisfy the requirements\nof 195 430 and to specify the type of firefightmg equipment, location, methods of\ninspection, and mspection frequencies\n\n\n\n27 $ 195 434 - Develop procedures to provide guidance to personnel regardmg the\nplacement of signs In addition, the procedures must specify the mformatton that is\nreqmred to be visible on the signs\n28 Subnut the amended procedures to the Regional Director, Eastern Region, OPS witlun\n30 days followmg receipt of this Order\n29 The Regional Director may extend the penod for complying with the required items if\nthe Respondent requests an extension snd adequately Justifies the reasons for the\nextension\nThe terms and conditions of this Order are effective upon receipt\nFailure to comply with this Fmal Order may result m the assessment of civil penalties of up to\n$100, 000 per violation per day, or in the referral of the case for judicial enforcement.\nUnder 49 C F R tt 190 215, Respondent has a nght to petition for reconsideration of tlus Fmal\nOrder The petition must be received witlun 20 days of Respondent's receipt of tlus Final Order\nand must contain a bnef statement of the issue(s) The fihng of the petition automatically stays\nthe payment of any civil penalty assessed All other terms of the order, includmg any requu ed\ncorrective action, remain m full effect unless the Associate Admimstrator, upon request, grants\na stay The terms and conditions of this Fmal Order are effective on receipt\nAPR 30 2003\nDate Issued\ntacey Gerard\n4 Associate Adnurustrator\nfor Pipelme Safety","truncated":false,"body_characters":11927}