# COLONIAL PIPELINE CO — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 195.402(a).
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- **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.

Official case documents:

120115007_Closure Letter_11302012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115007/120115007_Closure%20Letter_11302012.pdf

120115007_Closure Letter_11302012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115007/120115007_Closure%20Letter_11302012_text.pdf

120115007_Final Order_05242012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115007/120115007_Final%20Order_05242012.pdf

120115007_Final Order_05242012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115007/120115007_Final%20Order_05242012_text.pdf

120115007_NOPV_PCO_09212011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115007/120115007_NOPV_PCO_09212011.pdf

120115007_NOPV_PCO_09212011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115007/120115007_NOPV_PCO_09212011_text.pdf

120115007_Operator Response_12212011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115007/120115007_Operator%20Response_12212011.pdf

120115007_Final Order_05242012_text.pdf

MAY 24, 2012
Mr. Tim Felt
President and Chief Executive Officer
Colonial Pipeline Company
1185 Sanctuary Parkway, Suite 100
Alpharetta, GA 30009
Re: CPF No. 1-2011-5007
Dear Mr. Felt:
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation and specifies actions that need to be taken by Colonial Pipeline Company to comply
with the pipeline safety regulations. When the terms of the compliance order have been
completed, as determined by the Director, Eastern Region, this enforcement action will be
closed. Service of the Final Order by certified mail is deemed effective upon the date of
mailing, or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Byron Coy, PE, Director, Eastern Region, OPS
Mr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS
Mr. Doug Belden, Vice President and General Manager – Operations, Colonial Pipeline
Company
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
Colonial Pipeline Company, ) CPF No. 1-2011-5007
)
Respondent. )
____________________________________)
FINAL ORDER
On October 26 – 29, 2010, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
conducted an on-site pipeline safety inspection of the Dorsey Junction breakout tank facilities
and records of Colonial Pipeline Company (Colonial or Respondent) in Woodbine, Maryland.
Colonial operates approximately 5,500 miles of hazardous liquid pipelines across the southern
and eastern United States, approximately 4,000 miles of which could affect High
Consequence Areas (HCAs).1
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to
Respondent, by letter dated September 21, 2011, a Notice of Probable Violation and Proposed
Compliance Order (Notice), which also included a warning pursuant to 49 C.F.R. § 190.205.
In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Colonial had
violated 49 C.F.R. § 195.402(e) and proposed ordering Respondent to take certain measures to
correct the alleged violation. The warning item required no further action, but warned the
operator to correct the probable violation or face possible enforcement action.
In a letter dated October 17, 2011, Colonial requested a 60-day extension of the deadline to
respond to the Notice. The Director granted this extension by letter dated October 24, 2011.
On December 21, 2011, Colonial submitted a timely response to the Notice (Response). The
company did not contest the allegation of violation and provided information concerning the
corrective actions it had taken. Respondent did not request a hearing and therefore has waived
its right to one.
1 http://www.colpipe.com/ab_main.asp (last accessed on April 23, 2012).



2
FINDING OF VIOLATION
In its Response, Colonial did not contest the allegation in the Notice that it violated
49 C.F.R. Part 195, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402(e), which states, in
relevant part:
§ 195.402 Procedural manual for operations, maintenance, and
emergencies.
(a) General. Each operator shall prepare and follow for each pipeline
system a manual of written procedures for conducting normal operations
and maintenance activities and handling abnormal operations and
emergencies. This manual shall be reviewed at intervals not exceeding 15
months, but at least once each calendar year, and appropriate changes
made as necessary to insure that the manual is effective. This manual shall
be prepared before initial operations of a pipeline system commence, and
appropriate parts shall be kept at locations where operations and
maintenance activities are conducted….
(e) Emergencies. The manual required by paragraph (a) of this section
must include procedures for the following to provide safety when an
emergency condition occurs:
(1) ….
(3) Having personnel, equipment, instruments, tools, and material
available as needed at the scene of an emergency.
The Notice alleged that Respondent violated 49 C.F.R. § 195.402(e) by failing to include
procedures in its operations and maintenance (O&M) manual for having personnel,
equipment, instruments, tools, and material available as needed at the scene of an emergency.
Specifically, the Notice alleged that Colonial neither had adequate firefighting equipment on
site to respond to major fires, nor did it have any documentation of an agreement with the
local fire department regarding the availability of personnel, equipment, and materials that
would be required to respond to such a fire.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of
all of the evidence, I find that Respondent violated 49 C.F.R. § 195.402(e) by failing to
include procedures in its O&M manual for having personnel, equipment, instruments, tools,
and material available as needed at the scene of an emergency.
This finding of violation will be considered a prior offense in any subsequent enforcement
action taken against Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 1 in the Notice for a violation of
49 C.F.R. § 195.402(e). Under 49 U.S.C. § 60118(a), each person who engages in the



3
transportation of hazardous liquids or who owns or operates a pipeline facility is required to
comply with the applicable safety standards established 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 pipeline safety regulations applicable to its
operations:
1. With respect to the violation of § 195.402(e) (Item 1), Respondent must
perform a hazard assessment and risk evaluation associated with an adequate
emergency response at the Dorsey Junction facility. Based on the results,
Respondent must develop and implement procedures as part of emergency
response operations at Dorsey Junction, including identifying any company
personnel, outside entities, equipment, instruments, tools, and materials for
emergency response operations located onsite or offsite, and identifying the names
and phone numbers of any outside entities which Respondent might call upon to
provide such resources in the event of an emergency. Respondent must complete
this assessment and evaluation within 60 days of receipt of this Final Order.
2. Respondent must revise any related procedures within 120 days of receipt of
this Final Order.
3. Respondent must make any related arrangements with outside entities within
180 days of receipt of this Final Order.
4. Respondent must provide documentation demonstrating completion of the
above items directly to the Director by the deadlines specified.
5. The Director requests that Colonial maintain documentation of the safety
improvement costs associated with fulfilling this Compliance Order. It is
requested that these costs be reported to the Director in two categories: 1) total cost
associated with preparation/revision of plans, procedures, studies, and analyses;
and 2) total cost associated with replacements, additions, and other changes to
pipeline infrastructure.
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent and demonstrating good cause for an
extension.
Failure to comply with this Order may result in the administrative assessment of civil
penalties not to exceed $100,000 for each violation for each day the violation continues or in
referral to the Attorney General for appropriate relief in a district court of the United States.
WARNING ITEM
With respect to Item 2, the Notice alleged a probable violation of Part 195 but did not propose
a civil penalty or compliance order for this item. Therefore, this is considered to be a warning
item. The warning was for:



4
49 C.F.R. § 195.402(a) (Item 2) ─ Respondent’s alleged failure to follow its manual
of written procedures for conducting normal O&M activities, specifically its failure to
follow its O&M manual procedures for documenting atmospheric corrosion
inspections. Respondent was using an old form to document atmospheric corrosion
inspections rather than the currently required Atmospheric Inspection E-Form.
Colonial presented information in its Response showing that it had taken certain actions to
address the cited item. If OPS finds a violation of this provision, Respondent may be subject
to future enforcement action.
The terms and conditions of this Final Order are effective upon service in accordance with 49
C.F.R. § 190.5.
__________________________ ________________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety

120115007_Closure Letter_11302012_text.pdf

U.S. Department Of Transportation Pipeline and 609.989.2171
Hazardous Materials
Safety Administration
820 Bear Tavern Road, Suite 103
West Trenton, NJ 08628
OVERNIGHT EXPRESS MAIL
November 30, 2012
Mr. Tim Felt
President and Chief Executive Officer
Colonial Pipeline Company
1185 Sanctuary Parkway, Suite 100
Alpharetta, GA 30009
CPF 1-2011-5007
Dear Mr. Felt:
On May 24, 2012, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued
to Colonial Pipeline Company a Final Order in the above-referenced case. This Order included a
Compliance Order.
In response to the Final Order, Colonial submitted documentation on July 25, 2012, September
26, 2012, and November 26, 2012. Based on our review of the documentation you provided, it
has been determined that you have complied with the terms of this Order.
Accordingly, this case is now closed and no further action is contemplated with respect to the
matters involved in this case. Thank you for your cooperation in this matter.
Sincerely,
Byron Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
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