{"operation":"document","citation":"CPF 120105002M","title":"COLONIAL PIPELINE CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-02-16","effective_on":null,"summary":"CLOSED notice of amendment citing 195.401(b), 195.402(c)(9), 195.408(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120105002m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120105002m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120105002m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120105002M","body":"Notice of Amendment involving COLONIAL PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.401(b),  195.402(c)(9),  195.408(a). The case was opened on 2010-02-16 and is reported as closed as of 2011-06-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120105002M_NOA_02162010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120105002M/120105002M_NOA_02162010.pdf\n\n120105002M_NOA_02162010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120105002M/120105002M_NOA_02162010_text.pdf\n\n120105002M_Operator Response to NOA_03172010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120105002M/120105002M_Operator%20Response%20to%20NOA_03172010.pdf\n\n120105002M_Order Directing Amendment_06132011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120105002M/120105002M_Order%20Directing%20Amendment_06132011.pdf\n\n120105002M_Order Directing Amendment_06132011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120105002M/120105002M_Order%20Directing%20Amendment_06132011_text.pdf\n\n120105002M_Order Directing Amendment_06132011_text.pdf\n\nMr. Tim Felt\nPresident and Chief Executive Officer\nColonial Pipeline Company\n1185 Sanctuary Parkway, Suite 100\nAlpharetta, GA 30009-4738\nRe: CPF No. 1-2010-5002M\nDear Mr. Felt:\nEnclosed please find the Order Directing Amendment issued in the above-referenced case. It\nwithdraws one allegation and finds that the other inadequate procedures cited in the Notice of\nAmendment have been satisfactorily amended. Therefore, this case is now closed. Service of\nthe Order by certified mail is deemed effective upon the date of mailing, or as otherwise\nprovided 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. Alan Mayberry, Deputy Associate Administrator for Field Operations, Pipeline Safety\nMr. Byron Coy, P.E., Director, Eastern Region, PHMSA\nMr. Doug Belden, Vice President and General Manager-Operations, Colonial Pipeline\nCompany\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED [7005 1160 0001 0075 9435]\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 )\nColonial Pipeline Company, ) CPF No. 1-2010-5002M\n)\n)\n)\nRespondent. )\n____________________________________)\nORDER DIRECTING AMENDMENT\nOn October 17, 2006, pursuant to 49 U.S.C. § 60117, a representative of the Virginia State\nCorporation Commission, as agent for the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), conducted an on-site pipeline safety\ninspection of the facilities and records of Colonial Pipeline Company (Colonial or Respondent)\nin Chesapeake, Virginia. Colonial is the operator of a 5,519-mile pipeline system, which\ndelivers petroleum products from refineries in Texas, Louisiana, Mississippi, and Alabama to\nterminals in the South and Eastern United States.\nThe investigation arose out of an incident that occurred at the Chesapeake Terminal on October\n16 and 17, 2006, when Tank #9 overflowed while receiving petroleum products from the\nColonial pipeline. At the time of the incident, a high-level alarm failed to communicate the\nunsafe condition to the Colonial Operation and Control Center (OCC) in Atlanta, Georgia.\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated February 16, 2010, a Notice of Amendment. In accordance with 49 C.F.R.\n§ 190.237, the Notice proposed finding that certain of Respondent’s written operations and\nmaintenance procedures were inadequate and proposed that Respondent amend its procedures.\nSpecifically, the Notice alleged inadequacies in: (1) Respondent’s procedures for correcting an\nunsafe condition as required by § 195.401(b); (2) Respondent’s procedures for monitoring\nunattended facilities not equipped to fail safe as required by § 195.402(c)(9); and (3)\nRespondent’s procedures for communications between the control center and the local tank\nfacility as required by § 195.408.\nColonial responded to the Notice by letters dated March 17, 2010, and April 12, 2010\n(Response). Respondent contested two of the procedural inadequacies, presented information in\nresponse to the other inadequacies, and requested a hearing. Following discussions with\nRespondent, the Director agreed to modify the allegation that Colonial’s procedures for\ncorrecting an unsafe condition failed to comply with § 195.401(b) to clarify that it extended only\n\n\n\n2\nto Respondent’s pipeline facilities and not the tank (which was not operated by Colonial). Such\nallegation is hereby modified. The Director also agreed to withdraw the allegation that\nRespondent’s procedures for monitoring unattended facilities not equipped to fail safe required\nunder § 195.402(c)(9) were inadequate. Such allegation is hereby withdrawn. Based on the\nDirector’s actions, by letter dated August 3, 2010, Colonial withdrew its request for a hearing,\nthereby authorizing the entry of this Order without further notice.\nIn its Response, Colonial explained that following the incident it amended its procedures for\ndelivery of product and communications procedures to comply with §§ 195.401(b) and 195.408\nand submitted copies of its amended procedures which the Director has reviewed and determined\nto be satisfactory. Accordingly, based on the results of such review, I find that Respondent’s\noriginal procedures for correcting an unsafe condition and Respondent’s communications\nprocedures as described in the Notice were inadequate to ensure safe operation of its pipeline\nsystem, but that Respondent has corrected the identified inadequacies. As stated above, PHMSA\nhas withdrawn the allegation that Respondent’s procedures for monitoring unattended facilities\nnot equipped to fail safe were inadequate with respect to § 195.402(c)(9). Therefore, no need\nexists to order Colonial to amend its procedures.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":6242}