{"operation":"document","citation":"CPF 120106001W","title":"CITY OF BANGOR — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-11-29","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a), 195.452(a), 195.505.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120106001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120106001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120106001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120106001W","body":"Warning Letter involving CITY OF BANGOR. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.452(a),  195.505. The case was opened on 2010-11-29 and is reported as closed as of 2010-11-29. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120106001W_ Warning Letter_11292010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120106001W/120106001W_%20Warning%20Letter_11292010.pdf\n\n120106001W_Warning Letter_11292010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120106001W/120106001W_Warning%20Letter_11292010_text.pdf\n\n120106001W_ Warning Letter_11292010.pdf\n\nU.S. Department\n820 Bear Tavern Road, Suite 103\nPipeline and\nOf Transportation\nWest Trenton, NJ 08628\nHazardous Materials\n609.989.2171\nSafety Administration\nWARNING LETTER\nEXPRESS OVERNIGHT MAIL\nNovember 29, 2010\nMs. Cathy Conlow\nCity Manager\nBangor City Hall\n73 Harlow Street\nBangor, ME 04401\nCPF 120106001W\nDear Ms. Conlow:\nOn August 30, 2010, a representative of the Pipeline and Hazardous Materials Safety\nof Bangor's pipeline facility from their Storage Tank Farm to Bangor City Airport in Bangor\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the City\nMaine.\nAfter a review of your operations, it has been determined that the pipeline is jurisdictional to\nPHMSA because it traverses the public domain (approximately 2.7 miles) between the Tank\nFarm and the first control device just within airport property. Therefore, the City of Bangor's\njurisdictional pipeline will be under the purview of PHMSA and it is required to comply with\n49CFR§195 in its entirety, as well as any referenced requirements within 49CFR§195. For your\ninformation, the City of Bangor has been set up in the PHMSA database with an OPID (Operator\nIdentification) of # 32520, and we plan to perform a thorough inspection of the jurisdictional\nfacility in 2011.\nAs a result of this inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The following items\ninspected and the probable violation(s) are:\n\n\n\n120101006W\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective. This\nmanual shall be prepared before initial operations of a pipeline system commence, and\nappropriate parts shall be kept at locations where operations and maintenance\nactivities are conducted.\nAt the time of the inspection, the City of Bangor did not have a procedural manual for\noperations, maintenance, and emergencies.\nDuring the inspection, the City of Bangor was asked for and could not produce a procedural\nmanual.\nThe City of Bangor must prepare a manual of written procedures for each pipeline system as\nprescribed in §195.402.\n2. §195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\nThe City of Bangor did not have an Operator Qualification (OQ) program.\nDuring the inspection, the City of Bangor was asked for and could not produce an OQ program\nor a list of all task performed on the pipeline.\nThe City of Bangor must prepare a manual which prescribes the minimum requirements for\noperator qualification of individuals performing covered tasks on a pipeline facility in\naccordance to 49 CFR §195 Subpart G.\n3. §195.452 Pipeline integrity management in high consequence areas.\n(a) Which pipelines are covered by this section? This section applies to each hazardous\nliquid pipeline that could affect a high consequence are, including any pipeline located\nin a high consequence area unless the operator effectively demonstrates by risk\nassessment that the pipeline could not affect the area. (Appendix C of this part\nprovides guidance on determining if a pipeline could affect a high consequence area.)\nCovered pipeline are categorized as follows:\n120106001W_Warning Letter_11292010\nPage 2 of 3\nOPID 32520\n\n\n\n120101006W\nPursuant to §195.452, an operator must determine the category the pipeline represents and\nprepare an integrity management program accordingly. At the time of the inspection, the City of\nBangor did not have an integrity management program.\nDuring the inspection, the City of Bangor was asked for and could not produce a written integrity\nmanagement program.\nThe City of Bangor must develop a written integrity management program that complies with the\nrequirements prescribed in $195.452.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the items) identified in this letter.\nFailure to do so will result in the City of Bangor being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 120106001W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nYou are welcome to contact us for additional information about pipeline safety and regulatory\ncompliance. 609-989-2171\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120106001W_Warning Letter_11292010\nPage 3 of 3\nOPID 32520\n\n120106001W_Warning Letter_11292010_text.pdf\n\nU.S. Department 820 Bear Tavern Road, Suite 103\nOf Transportation West Trenton, NJ 08628\nPipeline and 609.989.2171\nHazardous Materials\nSafety Administration\nWARNING LETTER\nEXPRESS OVERNIGHT MAIL\nNovember 29, 2010\nMs. Cathy Conlow\nCity Manager\nBangor City Hall\n73 Harlow Street\nBangor, ME 04401\nCPF 120106001W\nDear Ms. Conlow:\nOn August 30, 2010, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the City\nof Bangor’s pipeline facility from their Storage Tank Farm to Bangor City Airport in Bangor,\nMaine.\nAfter a review of your operations, it has been determined that the pipeline is jurisdictional to\nPHMSA because it traverses the public domain (approximately 2.7 miles) between the Tank\nFarm and the first control device just within airport property. Therefore, the City of Bangor’s\njurisdictional pipeline will be under the purview of PHMSA and it is required to comply with\n49CFR§195 in its entirety, as well as any referenced requirements within 49CFR§195. For your\ninformation, the City of Bangor has been set up in the PHMSA database with an OPID (Operator\nIdentification) of # 32520, and we plan to perform a thorough inspection of the jurisdictional\nfacility in 2011.\nAs a result of this inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The following items\ninspected and the probable violation(s) are:\n\n\n\n120101006W\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective. This\nmanual shall be prepared before initial operations of a pipeline system commence, and\nappropriate parts shall be kept at locations where operations and maintenance\nactivities are conducted.\nAt the time of the inspection, the City of Bangor did not have a procedural manual for\noperations, maintenance, and emergencies.\nDuring the inspection, the City of Bangor was asked for and could not produce a procedural\nmanual.\nThe City of Bangor must prepare a manual of written procedures for each pipeline system as\nprescribed in §195.402.\n2. §195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\nThe City of Bangor did not have an Operator Qualification (OQ) program.\nDuring the inspection, the City of Bangor was asked for and could not produce an OQ program\nor a list of all task performed on the pipeline.\nThe City of Bangor must prepare a manual which prescribes the minimum requirements for\noperator qualification of individuals performing covered tasks on a pipeline facility in\naccordance to 49 CFR §195 Subpart G.\n3. §195.452 Pipeline integrity management in high consequence areas.\n(a) Which pipelines are covered by this section? This section applies to each hazardous\nliquid pipeline that could affect a high consequence are, including any pipeline located\nin a high consequence area unless the operator effectively demonstrates by risk\nassessment that the pipeline could not affect the area. (Appendix C of this part\nprovides guidance on determining if a pipeline could affect a high consequence area.)\nCovered pipeline are categorized as follows:\nPage 2 of 3\n120106001W_Warning Letter_11292010 OPID 32520\n\n\n\n120101006W\nPursuant to §195.452, an operator must determine the category the pipeline represents and\nprepare an integrity management program accordingly. At the time of the inspection, the City of\nBangor did not have an integrity management program.\nDuring the inspection, the City of Bangor was asked for and could not produce a written integrity\nmanagement program.\nThe City of Bangor must develop a written integrity management program that complies with the\nrequirements prescribed in §195.452.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item(s) identified in this letter.\nFailure to do so will result in the City of Bangor being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 120106001W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nYou are welcome to contact us for additional information about pipeline safety and regulatory\ncompliance. 609-989-2171\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nPage 3 of 3\n120106001W_Warning Letter_11292010 OPID 32520","truncated":false,"body_characters":12127}