{"operation":"document","citation":"CPF 120085006","title":"IMTT-PIPELINE — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2008-10-03","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.589, 195.589(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120085006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120085006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120085006","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120085006","body":"Notice of Probable Violation involving IMTT-PIPELINE. PHMSA's enforcement data identifies the cited regulations as 195.589,  195.589(c). The case was opened on 2008-10-03 and is reported as closed as of 2009-12-23. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120085006_FinalOrder_12232009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120085006/120085006_FinalOrder_12232009.pdf\n\n120085006_FinalOrder_12232009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120085006/120085006_FinalOrder_12232009_text.pdf\n\n120085006_NOPV w PCO_10032008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120085006/120085006_NOPV%20w%20PCO_10032008.pdf\n\n120085006_nopv w pco_10032008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120085006/120085006_nopv%20w%20pco_10032008_text.pdf\n\n120085006_FinalOrder_12232009_text.pdf\n\nDEC 23 2009\nMr. Richard R. Fisette\nVice President\nInternational-Matex Tank Terminals\n250 E. 22nd Street\nP.O. Box 67\nBayonne, NJ 07002\nRe: CPF No. 1-2008-5006\nDear Mr. Fisette:\nEnclosed is the Final Order issued in the above-referenced case. It makes findings of violation\nand finds that IMTT-Pipeline has completed the actions specified in the Notice required to\ncomply with the pipeline safety regulations. This case is now closed. Your receipt of the Final\nOrder constitutes service of that document under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Byron Coy, Director, Eastern Region, PHMSA\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 0390 0005 6162 5333]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n_______________________________________________\nIn the Matter of )\nInternational-Matex Tank Terminals, ) CPF No. 1-2008-5006\n)\n)\n)\nRespondent. )\n_______________________________________________ )\nFINAL ORDER\nFrom May 5-8, 2008, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\ninspected International-Matex Tank Terminal (IMTT)’s transmission pipeline in Bayonne, New\nJersey and Staten Island, New York. Between these locations, IMTT (Respondent) operates 10\nmiles of 12-inch transmission pipeline that crosses the Arthur Kill Tidal Strait also known as\nStaten Island Sound. In addition to the New York area, IMTT owns and operates tank terminals\nin Louisiana, Illinois, California, Virginia, Quebec, and Newfoundland.\n1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated September 5, 2008, a Notice of Probable Violation and Proposed Compliance\nviolated 49 C.F.R. § 195.589(c) and ordering Respondent to take certain measures to correct the\nOrder.2 alleged violation.\nIn accordance with 49 C.F.R. § 190.207, the Notice proposed finding that IMTT had\nIMTT responded to the Notice by letter dated September 25, 2008 (Response). In its Response,\nIMTT provided an explanation and contested the allegations of violation. Respondent did not\nrequest a hearing and therefore has waived its right to one.\nFINDINGS OF VIOLATION\nThe Notice alleged that Respondent violated 49 C.F.R. Part 195, as follows:\nItems 1A & 1B: The Notice alleged that Respondent violated 49 C.F.R. § 195.589 which states:\n1 http://www.imtt.com/locations.html (last accessed November 30, 2009).\n2 PHMSA subsequently issued a corrected version, dated October 3, 2008, making minor edits. All references in\nthis Final Order to the Notice will refer to the October 3, 2008 Notice\n\n\n\n2\n§ 195.589 – What corrosion control information do I have to maintain?\n(a) . . . .\n(b) . . . .\n(c) You must maintain a record of each analysis, check, demonstration, examination,\ninspection, investigation, review, survey, and test required by this subpart in sufficient\ndetail to demonstrate the adequacy of corrosion control measures or that corrosion\nrequiring control measures does not exist. You must retain these records for at least 5\nyears, except that records related to §§ 195.569, 195.573(a) and (b), and 195.579(b)(3)\nand (c) must be retained for as long as the pipeline remains in service.\nIn regards to Item 1A, the Notice alleged that Respondent violated 49 C.F.R. § 195.589(c) by\nfailing to maintain records demonstrating atmospheric corrosion monitoring. IMTT is required\nto maintain a record of each atmospheric corrosion inspection conducted under § 195.583 for at\nleast 5 years. At the time of the inspection, IMTT could not provide any records of atmospheric\ncorrosion monitoring. In its Response to the Notice, IMTT acknowledged that it failed to\nproduce these records during the inspection but stated that the records were stored off-site.3 On\nAugust 19, 2009, over a year after the inspection, IMTT produced a Field/Foot Patrol Form dated\natmospheric corrosion inspections occurring during the five years that preceded the 2008\ninspection. The retention of records is important to assure PHMSA and the public that the\nrecord, I find that IMTT has violated § 195.589(c) by failing to maintain records for atmospheric\nDecember 20, 2007.4 To date, IMTT has not produced the remaining records documenting\noperator is performing the required inspections. Therefore, having reviewed the evidence in the\ncorrosion monitoring.\nIn regards to Item 1B, the Notice alleged that respondent violated 49 C.F.R. § 195.589(c) by\nfailing to produce records demonstrating that piping removed from the system under 49 C.F.R.\n§ 195.579(c) was inspected for evidence of internal corrosion. Operators are required to retain\nrecords of this type of inspection as long as the pipeline remains in service. In its Response,\nIMTT stated that it was not the sole owner of this system in 2003 when the piping was removed.\nSpecifically, IMTT stated that it was only a partial owner of the line during this time period and\ntherefore, another company was responsible for maintaining the records. IMTT further\nconfirmed that it became sole owner of this system in 2004 and has not removed any pipe since\nthat time.\nHowever, other than the bare statement in its Response that another pipeline company was\nresponsible for maintaining these records, Respondent has not supplied any further evidence to\nsupport this assertion. Section 195.589(c) applies to operators which are further defined as “a\nperson who owns or operates pipeline facilities.\n”5 IMTT, as an owner of these pipeline facilities,\nwas responsible for maintaining these records for as long as the pipe remains in service.\n6\n3 Response, at 1.\n4 See email from Randy Waters, IMTT, to Clyde Myers, OPS, dated August 21, 2009.\n5 Section 195.589 applies to “you” as defined by 195.553 as an “operator”. Further, an operator subject to the\npipeline safety regulations is defined as “a person who owns or operates pipeline facilities”. 49 C.F.R. § 195.2.\n6 49 C.F.R. § 195.589(c).\n\n\n\n3\nAccordingly, after considering all the evidence, I find Respondent violated 49 C.F.R. § 195.589\nby failing to maintain records documenting the inspection of removed pipe for internal corrosion.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1A and 1B for violations of 49\nC.F.R. § 195.589(c). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601. The Director has\nindicated that Respondent has taken the following actions specified in the proposed compliance\norder:\n1. With respect to Items 1A and 1B, Respondent established additional training and\ndocumentation pertaining to recordkeeping and demonstrated an emphasis on the federal\ncode requirements for inspections and records.\n2. Respondent submitted an e-mail dated August 21, 2009, indicating the safety\nimprovement costs associated with fulfilling the Compliance Order.\nAccordingly, since compliance has been achieved with respect to these violations, the\ncompliance terms are not included in this Order.\nThe terms and conditions of this Final Order shall be effective upon receipt.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8585}