{"operation":"document","citation":"CPF 120026006","title":"GORDON TERMINAL SERVICES — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-02-15","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.505, 199.202, 199.7(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120026006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120026006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120026006","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120026006","body":"Notice of Probable Violation involving GORDON TERMINAL SERVICES. PHMSA's enforcement data identifies the cited regulations as 195.505,  199.202,  199.7(a). The case was opened on 2002-02-15 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\n120026006_Final Order_04302003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120026006/120026006_Final%20Order_04302003.pdf\n\n120026006_final order_04302003_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120026006/120026006_final%20order_04302003_text.pdf\n\n120026006_final order_04302003_text.pdf\n\nUS. Department\nof Ttansportatton\nResearch ond\nSpecial programs\nAdmmistrotton\n400 Seventh St S W\nWashington 0 C 20590\nAPR 30 &003\nTimothy H Gordon\nVice President, Operations\nGordon Terminal Services Company\n1000 Ella Street\nMcKees Rocks, Pennsylvania 15136\nRe CPF No 1-2002-6006\nCPF No 1-2002-6004-M\nDear Mr Gordon\nEnclosed is the Final Order issued by the Associate Adnumstrator for Pipehne Safety\nin the above-referenced cases It makes findings of violation and a finding of inadequate\nprocedures, and requires certam corrective action and revision of certain operations,\nmaintenance and emergency procedures When the terms of the Order are completed, as\ndetermined by the Director, Eastern Region, this enforcement action will be closed Your\nreceipt of the Final Order constitutes service of that document under 49 C F R II 190 5\nSincerely,\nGwendolyn M Hil\nPipeline Compliance Registry\nOffice of Pipeline 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 Terimnal Services Company, )\nRespondent\n)\n)\n)\n)\n)\n)\nCPF No 1-2002-6006\nCPF No 1-2002-6004-M\nFINAL ORDER\nOn December 20, 2001 and January 8, 2002, pursuant to 49 U S C ) 60117, a representative\nof the Office of Pipeline Safety (OPS) conducted an on-site pipehne safety inspection of\nRespondent's facihties and records in McKees Rocks, Pennsylvania 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 Compliance Order (Notice 1), and by letter\ndated February 19, 2002, a Notice of Amendment (Notice 2) In accordance with 49 C F R\n(J 190 207, Notice 1 proposed finding that Respondent had violated 49 C F R $$ 195 505, 199 7\nand 199 202 and proposed that Respondent take certain measures to correct the alleged\nviolations Notice 2 proposed, tn accordance with 49 C F R $ 190 237, that Respondent amend\nits procedures for Operations, Maintenance 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 concerning the corrective\nactions it was taking Respondent also requested an extension of time to submit its amended\nprocedures The Region, in a letter dated May 21, 2002, granted Respondent additional time\nRespondent did not request a hearing, consequently, Respondent waived its nght to one\nFINDINGS OF VIOLATION\nRespondent dtd not contest the alleged violations for ( ) 195 505, 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 — failing to have a written operator quahfication program,\n49 C F R $ 199 7 — faihng to maintain and follow a wntten 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 — fathng to miuntain and follow a wntten alcohol nususe plan that\nconforms to the requirements of Subpart B, Part 199 and the DOT Procedures m\nPart 40\nThese findings of violation will be considered pnor offenses in any subsequent enforcement\naction taken agiunst Respondent\nCOMPLIANCE ORDER\nUnder 49 U S C tt 60118(a), each person who engages in the transportation ofhazardous liquids\nor who owns or operates a pipehne facdity 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 following actions to ensure compliance\nwith the pipelme safety regulations applicable to its operations\n(I) Develop a wntten Operator Quahfication (OQ) plan that satisfies the requuements set\nforth in 49 C F R Part 195, Subpart G\n(2) Develop and follow a wntten Drug and Alcohol plan that meets the reqmrements of\n49 C F R 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 witlnn 90 days ofreceipt of ttus Final Order The address\nis Office of Pipehne Safety, 400 Seventh Street, SW, Room 7130, Washington, DC\n20590\nAMENDMENT OF PROCEDURES\nNotice 2 alleged inadequacies in Respondent's Operations, Maintenance and Emergencies\nManual and proposed to require amendment of Respondent's procedures to comply with the\nrequirements of 49 C F R I'l $ 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\nAccorchngly, 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 $ 190 237, Respondent is\nordered to make the following revisions to its procedures Respondent must-\n1 $ 195 402 (c)(5) - Develop procedures for analyzing pipehne accidents to determine\ntheir causes\n2 $ 195 402 (c)(7) - Amend its procedures for start-up and shut-down of the system to\ninclude instructions apphcable to Auport Services International (ASI) personnel\nProcedures should include instructions for proper communication between ASI and\nGordon Terminal Services personnel before, during, and after transfer/dehvety\noperations, and steps for valve sequencing and tank gauging\n\n\n\n('I 195 402 (c)(8) - Develop procedures for facilities not equipped to fail safe to address\nthe momtonng of pipehne pressure during startup and shutdown to assure operation\nwithin the maximum operatmg pressure for the system\nf 195 402 (c)(9) — Develop procedures for detecting abnormal operating conditions for\nfacihties not equipped to fail safe in areas that would require immediate response by\noperatmg personnel These conditions can be identified by monitoring pressure,\ntemperature, flow or other appropnate operational data and transmitting tlus data to an\nattended location\n) 195 402 (c)(11) - Develop procedures for minimizmg the hkehhood of accidental\nignition of vapors in areas where the potential exists for the presence of flammable\nliquids or gases\n) 195 402 (c)(12) - Develop procedures for establishmg and maintaining haison with\nfire, police, and other appropnate pubhc officials to leam the responsibihty and\nresources of each government orgamzation that may respond to a hazardous hquid\npipehne emergency These procedures must also address the means of communication,\nthe intervals at wluch the Inuson meetings will be conducted, and a description of the\ninformation to be exchanged\n«I 195 402 (c)(13) — Develop procedures to provide for reviewing the work done by\noperating personnel to determine the effectiveness of the procedures used in normal\noperation and maintenance\nII 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, mcluding 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\noperatmg design hmits have been exceeded These procedures must address the\nreqmrements of II 195 402 (d)(1-5)\nII 195 402 (e)(1) - Amend its emergency procedures to identify the notices of events that\nrequire immediate response by the operator, fire, pohce, or other responder\nf 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 equipment\nhke backhoes, excavators, air compressors, can be located\nII 195 402 (e)(6) - Develop emergency procedures to provide instructions for minimizing\npubhc exposure to mJury and reducing the probability of accidental ignition by assisting\nwith the evacuation of residents and assistmg with halting or reroutmg the traffic on\nroads and railroads in the affected area, or taking other appropnate action\n\n\n\n13 II 195 402 (e)(9) - Develop emergency procedures to provide instructions for conducting\na post accident review of employees' activities to determine i f procedures were effective\nin each emergency, and for taking corrective action where deficiencies are found\n14 II 195 402(f) — Develop procedures to instruct personnel performing operation and\nmaintenance activities to recognize conditions that potenually maybe safety-related and\nsub)ect to the reporting reqmrements under II 195 55\n15 195403 - Develop emergency response traimng procedures to address the\nrequirements of $ 195 403\n16 $ 195 404 - Develop procedures to address the requirements for maintaining maps and\nrecords\n17 $ 195 406 - Develop procedures to address the requirements for maximum operating\npressure\n18 $ 195 408 - Amend its communications procedures to mclude a means for momtonng\noperational data as required by ) 195 402 (c)(9)\n19 II 195 410 — Amend its procedures to specify where hne markers have to be located\n20 II 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 ) 195 420 -Develop procedures to address the requirements for valve maintenance\n23 $195 422 - Amend its procedures for pipehne repair to cover matenal, welding, and\ntesting that is planned for pipehne and tank facilities repairs in the system\n24 $ 195 426 - Develop procedures to address the requirements for scraper and sphere\nfacilities to mstruct personnel operatmg these facilities\n25 II 195 428 — Develop procedures for inspectmg and testing pressure hmiting devices,\nrehef valves, pressure regulators, or other items of pressure control equipment\n26 f 195 430 - Amend its procedures on firefighting equipment to satisfy the requirements\nof 195 430 and to specify the type of firefighting equipment, locauon, methods of\ninspection, and inspection f'requencies\n\n\n\n27 f 195 434 - Develop procedures to provide guidance to personnel regarding the\nplacement of signs In addition, the procedures must specify the mformation that is\nrequired to be visible on the signs\n28 Submit the amended procedures to the Regional Director, Eastern Region, OPS wtttun\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 and adequately Iustifies the reasons for the\nextension\nThe terms and conditions of this Order are effective upon receipt\nFadure to comply with tins Final Order may result in 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 I'l 190 215, Respondent has a nght to petition for reconsideration of this Final\nOrder The petition must be received within 20 days of Respondent's receipt of this Final Order\nand must contiun a bnef statement of the issue(s) The filmg of the petto on automatically stays\nthe payment of any civil penalty assessed All other terms o f the order, including any reqmred\ncorrective action, remam in full effect unless the Associate Administrator, upon request, grants\na stay The terms and conditions of this Final Order are effective on receipt\nAPR 30 2003\nDate Issued\ntacey Gerard\n4 Associate Admnustrator\nfor Pipehne Safety","truncated":false,"body_characters":12005}