{"operation":"document","citation":"CPF 120115007","title":"COLONIAL PIPELINE CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-09-21","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120115007.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120115007.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120115007","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120115007","body":"Notice of Probable Violation involving COLONIAL PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2011-09-21 and is reported as closed as of 2012-11-30. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120115007_Closure Letter_11302012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115007/120115007_Closure%20Letter_11302012.pdf\n\n120115007_Closure Letter_11302012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115007/120115007_Closure%20Letter_11302012_text.pdf\n\n120115007_Final Order_05242012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115007/120115007_Final%20Order_05242012.pdf\n\n120115007_Final Order_05242012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115007/120115007_Final%20Order_05242012_text.pdf\n\n120115007_NOPV_PCO_09212011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115007/120115007_NOPV_PCO_09212011.pdf\n\n120115007_NOPV_PCO_09212011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115007/120115007_NOPV_PCO_09212011_text.pdf\n\n120115007_Operator Response_12212011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115007/120115007_Operator%20Response_12212011.pdf\n\n120115007_Final Order_05242012_text.pdf\n\nMAY 24, 2012\nMr. Tim Felt\nPresident and Chief Executive Officer\nColonial Pipeline Company\n1185 Sanctuary Parkway, Suite 100\nAlpharetta, GA 30009\nRe: CPF No. 1-2011-5007\nDear Mr. Felt:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and specifies actions that need to be taken by Colonial Pipeline Company to comply\nwith the pipeline safety regulations. When the terms of the compliance order have been\ncompleted, as determined by the Director, Eastern Region, this enforcement action will be\nclosed. Service of the Final Order by certified mail is deemed effective upon the date of\nmailing, or as otherwise provided 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, PE, Director, Eastern Region, OPS\nMr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS\nMr. Doug Belden, Vice President and General Manager – Operations, Colonial Pipeline\nCompany\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nColonial Pipeline Company, ) CPF No. 1-2011-5007\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn October 26 – 29, 2010, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the Dorsey Junction breakout tank facilities\nand records of Colonial Pipeline Company (Colonial or Respondent) in Woodbine, Maryland.\nColonial operates approximately 5,500 miles of hazardous liquid pipelines across the southern\nand eastern United States, approximately 4,000 miles of which could affect High\nConsequence Areas (HCAs).1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to\nRespondent, by letter dated September 21, 2011, a Notice of Probable Violation and Proposed\nCompliance Order (Notice), which also included a warning pursuant to 49 C.F.R. § 190.205.\nIn accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Colonial had\nviolated 49 C.F.R. § 195.402(e) and proposed ordering Respondent to take certain measures to\ncorrect the alleged violation. The warning item required no further action, but warned the\noperator to correct the probable violation or face possible enforcement action.\nIn a letter dated October 17, 2011, Colonial requested a 60-day extension of the deadline to\nrespond to the Notice. The Director granted this extension by letter dated October 24, 2011.\nOn December 21, 2011, Colonial submitted a timely response to the Notice (Response). The\ncompany did not contest the allegation of violation and provided information concerning the\ncorrective actions it had taken. Respondent did not request a hearing and therefore has waived\nits right to one.\n1 http://www.colpipe.com/ab_main.asp (last accessed on April 23, 2012).\n\n\n\n2\nFINDING OF VIOLATION\nIn its Response, Colonial did not contest the allegation in the Notice that it violated\n49 C.F.R. Part 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402(e), which states, in\nrelevant part:\n§ 195.402 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations\nand maintenance activities and handling abnormal operations and\nemergencies. This manual shall be reviewed at intervals not exceeding 15\nmonths, but at least once each calendar year, and appropriate changes\nmade as necessary to insure that the manual is effective. This manual shall\nbe prepared before initial operations of a pipeline system commence, and\nappropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted….\n(e) Emergencies. The manual required by paragraph (a) of this section\nmust include procedures for the following to provide safety when an\nemergency condition occurs:\n(1) ….\n(3) Having personnel, equipment, instruments, tools, and material\navailable as needed at the scene of an emergency.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.402(e) by failing to include\nprocedures in its operations and maintenance (O&M) manual for having personnel,\nequipment, instruments, tools, and material available as needed at the scene of an emergency.\nSpecifically, the Notice alleged that Colonial neither had adequate firefighting equipment on\nsite to respond to major fires, nor did it have any documentation of an agreement with the\nlocal fire department regarding the availability of personnel, equipment, and materials that\nwould be required to respond to such a fire.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of\nall of the evidence, I find that Respondent violated 49 C.F.R. § 195.402(e) by failing to\ninclude procedures in its O&M manual for having personnel, equipment, instruments, tools,\nand material available as needed at the scene of an emergency.\nThis finding of violation will be considered a prior offense in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for a violation of\n49 C.F.R. § 195.402(e). Under 49 U.S.C. § 60118(a), each person who engages in the\n\n\n\n3\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. Pursuant to the\nauthority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the\nfollowing actions to ensure compliance with the pipeline safety regulations applicable to its\noperations:\n1. With respect to the violation of § 195.402(e) (Item 1), Respondent must\nperform a hazard assessment and risk evaluation associated with an adequate\nemergency response at the Dorsey Junction facility. Based on the results,\nRespondent must develop and implement procedures as part of emergency\nresponse operations at Dorsey Junction, including identifying any company\npersonnel, outside entities, equipment, instruments, tools, and materials for\nemergency response operations located onsite or offsite, and identifying the names\nand phone numbers of any outside entities which Respondent might call upon to\nprovide such resources in the event of an emergency. Respondent must complete\nthis assessment and evaluation within 60 days of receipt of this Final Order.\n2. Respondent must revise any related procedures within 120 days of receipt of\nthis Final Order.\n3. Respondent must make any related arrangements with outside entities within\n180 days of receipt of this Final Order.\n4. Respondent must provide documentation demonstrating completion of the\nabove items directly to the Director by the deadlines specified.\n5. The Director requests that Colonial maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order. It is\nrequested that these costs be reported to the Director in two categories: 1) total cost\nassociated with preparation/revision of plans, procedures, studies, and analyses;\nand 2) total cost associated with replacements, additions, and other changes to\npipeline infrastructure.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in the administrative assessment of civil\npenalties not to exceed $100,000 for each violation for each day the violation continues or in\nreferral to the Attorney General for appropriate relief in a district court of the United States.\nWARNING ITEM\nWith respect to Item 2, the Notice alleged a probable violation of Part 195 but did not propose\na civil penalty or compliance order for this item. Therefore, this is considered to be a warning\nitem. The warning was for:\n\n\n\n4\n49 C.F.R. § 195.402(a) (Item 2) ─ Respondent’s alleged failure to follow its manual\nof written procedures for conducting normal O&M activities, specifically its failure to\nfollow its O&M manual procedures for documenting atmospheric corrosion\ninspections. Respondent was using an old form to document atmospheric corrosion\ninspections rather than the currently required Atmospheric Inspection E-Form.\nColonial presented information in its Response showing that it had taken certain actions to\naddress the cited item. If OPS finds a violation of this provision, Respondent may be subject\nto future enforcement action.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\n__________________________ ________________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n120115007_Closure Letter_11302012_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nOVERNIGHT EXPRESS MAIL\nNovember 30, 2012\nMr. Tim Felt\nPresident and Chief Executive Officer\nColonial Pipeline Company\n1185 Sanctuary Parkway, Suite 100\nAlpharetta, GA 30009\nCPF 1-2011-5007\nDear Mr. Felt:\nOn May 24, 2012, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\nto Colonial Pipeline Company a Final Order in the above-referenced case. This Order included a\nCompliance Order.\nIn response to the Final Order, Colonial submitted documentation on July 25, 2012, September\n26, 2012, and November 26, 2012. Based on our review of the documentation you provided, it\nhas been determined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":11594}