GORDON TERMINAL SERVICES — Notice of Probable Violation

120026006_final order_04302003_text.pdf, page 1Official PDFUS. Department of Ttansportatton Research ond Special programs Admmistrotton 400 Seventh St S W Washington 0 C 20590 APR 30 &003 Timothy H Gordon Vice President, Operations Gordon Terminal Services Company 1000 Ella Street McKees Rocks, Pennsylvania 15136 Re CPF No 1-2002-6006 CPF No 1-2002-6004-M Dear Mr Gordon Enclosed is the Final Order issued by the Associate Adnumstrator for Pipehne Safety in the above-referenced cases It makes findings of violation and a finding of inadequate procedures, and requires certam corrective action and revision of certain operations, maintenance and emergency procedures When the terms of the Order are completed, as determined by the Director, Eastern Region, this enforcement action will be closed Your receipt of the Final Order constitutes service of that document under 49 C F R II 190 5 Sincerely, Gwendolyn M Hil Pipeline Compliance Registry Office of Pipeline Safety Enclosure CERTIFIED MAIL - RETURN RECEIPT RE UESTED#

120026006_final order_04302003_text.pdf, page 2DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, DC 20590 In the Matter of Gordon Terimnal Services Company, ) Respondent ) ) ) ) ) ) CPF No 1-2002-6006 CPF No 1-2002-6004-M FINAL ORDER On December 20, 2001 and January 8, 2002, pursuant to 49 U S C ) 60117, a representative of the Office of Pipeline Safety (OPS) conducted an on-site pipehne safety inspection of Respondent's facihties and records in McKees Rocks, Pennsylvania As a result of the inspection, the Director, Eastern Region, OPS, issued to Respondent, by letter dated February 15, 2002, a Notice of Probable Violation, Proposed Compliance Order (Notice 1), and by letter dated February 19, 2002, a Notice of Amendment (Notice 2) In accordance with 49 C F R (J 190 207, Notice 1 proposed finding that Respondent had violated 49 C F R $$ 195 505, 199 7 and 199 202 and proposed that Respondent take certain measures to correct the alleged violations Notice 2 proposed, tn accordance with 49 C F R $ 190 237, that Respondent amend its procedures for Operations, Maintenance and Emergencies Respondent responded to the Notices by letter dated May 7, 2002 (Response) Respondent did not contest the allegations of violation but provided information concerning the corrective actions it was taking Respondent also requested an extension of time to submit its amended procedures The Region, in a letter dated May 21, 2002, granted Respondent additional time Respondent did not request a hearing, consequently, Respondent waived its nght to one FINDINGS OF VIOLATION Respondent dtd not contest the alleged violations for ( ) 195 505, 199 7, and 199 202 in Notice 1 Accordingly, I find that Respondent violated the following sections of 49 C F R Parts 195 and 199, as more fully descnbed in Notice 1 49 C F R tJ 195 505 — failing to have a written operator quahfication program, 49 C F R $ 199 7 — faihng to maintain and follow a wntten anti-drug plan that conforms to the requirements of Part 199 and the DOT Procedures in Part 40, and#

120026006_final order_04302003_text.pdf, page 349 C F R ) 199 202 — fathng to miuntain and follow a wntten alcohol nususe plan that conforms to the requirements of Subpart B, Part 199 and the DOT Procedures m Part 40 These findings of violation will be considered pnor offenses in any subsequent enforcement action taken agiunst Respondent COMPLIANCE ORDER Under 49 U S C tt 60118(a), each person who engages in the transportation ofhazardous liquids or who owns or operates a pipehne facdity is reqmred to comply with the apphcable safety standards estabhshed under chapter 601 Pursuant to the authority of 49 U S C $ 60118(b) and 49 C F R $ 190 217, Respondent is ordered to take the following actions to ensure compliance with the pipelme safety regulations applicable to its operations (I) Develop a wntten Operator Quahfication (OQ) plan that satisfies the requuements set forth in 49 C F R Part 195, Subpart G (2) Develop and follow a wntten Drug and Alcohol plan that meets the reqmrements of 49 C F R Parts 40 and 199 (3) Submit a copy of the completed OQ plan and the completed Drug and Alcohol plan to the Eastern Region Director witlnn 90 days ofreceipt of ttus Final Order The address is Office of Pipehne Safety, 400 Seventh Street, SW, Room 7130, Washington, DC 20590 AMENDMENT OF PROCEDURES Notice 2 alleged inadequacies in Respondent's Operations, Maintenance and Emergencies Manual and proposed to require amendment of Respondent's procedures to comply with the requirements of 49 C F R I'l $ 195 402, 403, 404, 406, 408, 410, 414, 416, 420, 422, 426, 428, 430, 434, 438, 440, and 442 Respondent did not contest the proposed Notice of Amendment Accorchngly, I find that Respondent's procedures are inadequate to ensure safe operation of its pipelme system Pursuant to 49 U S C $ 60108(a) and 49 C F R $ 190 237, Respondent is ordered to make the following revisions to its procedures Respondent must- 1 $ 195 402 (c)(5) - Develop procedures for analyzing pipehne accidents to determine their causes 2 $ 195 402 (c)(7) - Amend its procedures for start-up and shut-down of the system to include instructions apphcable to Auport Services International (ASI) personnel Procedures should include instructions for proper communication between ASI and Gordon Terminal Services personnel before, during, and after transfer/dehvety operations, and steps for valve sequencing and tank gauging#

120026006_final order_04302003_text.pdf, page 4('I 195 402 (c)(8) - Develop procedures for facilities not equipped to fail safe to address the momtonng of pipehne pressure during startup and shutdown to assure operation within the maximum operatmg pressure for the system f 195 402 (c)(9) — Develop procedures for detecting abnormal operating conditions for facihties not equipped to fail safe in areas that would require immediate response by operatmg personnel These conditions can be identified by monitoring pressure, temperature, flow or other appropnate operational data and transmitting tlus data to an attended location ) 195 402 (c)(11) - Develop procedures for minimizmg the hkehhood of accidental ignition of vapors in areas where the potential exists for the presence of flammable liquids or gases ) 195 402 (c)(12) - Develop procedures for establishmg and maintaining haison with fire, police, and other appropnate pubhc officials to leam the responsibihty and resources of each government orgamzation that may respond to a hazardous hquid pipehne emergency These procedures must also address the means of communication, the intervals at wluch the Inuson meetings will be conducted, and a description of the information to be exchanged «I 195 402 (c)(13) — Develop procedures to provide for reviewing the work done by operating personnel to determine the effectiveness of the procedures used in normal operation and maintenance II 195 402 (c)(14) - Develop procedures to protect personnel from hazards of unsafe accumulations of vapor or gas m excavated trenches and makmg available emergency rescue equipment, mcluding a breathing apparatus and a rescue harness and, when needed at the excavation site $ 195 402 (d)(1-5) - Develop abnormal operatmg procedures to provide safety when operatmg design hmits have been exceeded These procedures must address the reqmrements of II 195 402 (d)(1-5) II 195 402 (e)(1) - Amend its emergency procedures to identify the notices of events that require immediate response by the operator, fire, pohce, or other responder f 195 402 (e)(3) - Amend its emergency procedures to be more specific about the types of emergency equipment needed at the scene of an emergency and where the equipment hke backhoes, excavators, air compressors, can be located II 195 402 (e)(6) - Develop emergency procedures to provide instructions for minimizing pubhc exposure to mJury and reducing the probability of accidental ignition by assisting with the evacuation of residents and assistmg with halting or reroutmg the traffic on roads and railroads in the affected area, or taking other appropnate action#

120026006_final order_04302003_text.pdf, page 513 II 195 402 (e)(9) - Develop emergency procedures to provide instructions for conducting a post accident review of employees' activities to determine i f procedures were effective in each emergency, and for taking corrective action where deficiencies are found 14 II 195 402(f) — Develop procedures to instruct personnel performing operation and maintenance activities to recognize conditions that potenually maybe safety-related and sub)ect to the reporting reqmrements under II 195 55 15 195403 - Develop emergency response traimng procedures to address the requirements of $ 195 403 16 $ 195 404 - Develop procedures to address the requirements for maintaining maps and records 17 $ 195 406 - Develop procedures to address the requirements for maximum operating pressure 18 $ 195 408 - Amend its communications procedures to mclude a means for momtonng operational data as required by ) 195 402 (c)(9) 19 II 195 410 — Amend its procedures to specify where hne markers have to be located 20 II 195 414 — Amend its procedures for cathodic protection to address the requirements of ) 195 414 21 ) 195 416 - Amend its external corrosion control procedures to address the requirements of ) 195 416 22 ) 195 420 -Develop procedures to address the requirements for valve maintenance 23 $195 422 - Amend its procedures for pipehne repair to cover matenal, welding, and testing that is planned for pipehne and tank facilities repairs in the system 24 $ 195 426 - Develop procedures to address the requirements for scraper and sphere facilities to mstruct personnel operatmg these facilities 25 II 195 428 — Develop procedures for inspectmg and testing pressure hmiting devices, rehef valves, pressure regulators, or other items of pressure control equipment 26 f 195 430 - Amend its procedures on firefighting equipment to satisfy the requirements of 195 430 and to specify the type of firefighting equipment, locauon, methods of inspection, and inspection f'requencies#

120026006_final order_04302003_text.pdf, page 627 f 195 434 - Develop procedures to provide guidance to personnel regarding the placement of signs In addition, the procedures must specify the mformation that is required to be visible on the signs 28 Submit the amended procedures to the Regional Director, Eastern Region, OPS wtttun 30 days followmg receipt of this Order 29 The Regional Director may extend the penod for complying with the required items if the Respondent requests an extension and adequately Iustifies the reasons for the extension The terms and conditions of this Order are effective upon receipt Fadure to comply with tins Final Order may result in the assessment of civil penalties of up to $100, 000 per violation per day, or in the referral of the case for judicial enforcement Under 49 C F R I'l 190 215, Respondent has a nght to petition for reconsideration of this Final Order The petition must be received within 20 days of Respondent's receipt of this Final Order and must contiun a bnef statement of the issue(s) The filmg of the petto on automatically stays the payment of any civil penalty assessed All other terms o f the order, including any reqmred corrective action, remam in full effect unless the Associate Administrator, upon request, grants a stay The terms and conditions of this Final Order are effective on receipt APR 30 2003 Date Issued tacey Gerard 4 Associate Admnustrator for Pipehne Safety#