{"operation":"document","citation":"CPF 120125018","title":"INTERSTATE STORAGE & PIPELINE C0 — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-08-27","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.430(a), 195.573(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120125018.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120125018.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120125018","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120125018","body":"Notice of Probable Violation involving INTERSTATE STORAGE & PIPELINE C0. PHMSA's enforcement data identifies the cited regulations as 195.430(a),  195.573(c). The case was opened on 2012-08-27 and is reported as closed as of 2013-05-15. Proposed civil penalty: $49,600. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120125018_NOPV-PCP-PCO_08272012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125018/120125018_NOPV-PCP-PCO_08272012.pdf\n\n120125018_NOPV_PCP_PCO_08272012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125018/120125018_NOPV_PCP_PCO_08272012_text.pdf\n\n120125018_Operator Response_09242012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125018/120125018_Operator%20Response_09242012.pdf\n\n120125018_Withdrawal of Notice Letter_05152013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125018/120125018_Withdrawal%20of%20Notice%20Letter_05152013.pdf\n\n120125018_Withdrawal of Notice Letter_05152013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125018/120125018_Withdrawal%20of%20Notice%20Letter_05152013_text.pdf\n\n120125018_NOPV-PCP-PCO_08272012.pdf\n\ne\nU.S. Department 820 Bear Tavern Road, Suitc 103\nOf Transportation Wcst Trcnton, NJ 08628\nPipeline and 609.989.2171\nHazardous Materials\nSafety Administration\nNOTICE OF PROBABLE VIOLATION\nPROPOSED CIVTL PENALTY\nand\nPROPOSED COMPLIANCE ORDER\nOVERNIGHT EXPRESS MAIL\nAugust 27 ,2012\nMr. Charles Denault, President\nIntcrstate Storage and Pipelinc Co.\n400 Amherst Street. Suite 202.\nNashua, NH 03063\ncPF r-2012-5018\nDear Mr. Denault:\nFrom May 16-20,2011, a representative of the Pipclinc and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chaptcr 601 of 49 Unitcd States Code inspected your Interstate Storage and\nPipelinc Co. (ISPC), Bordcntown's, New Jcrsey facility.\nAs a result of the inspection, it appears that you have committed probable violations ofthe Pipeline Safcty\nRegulations, Title 49, Codc of Fcdcral Regulations. The itcms inspected and the probable violations are:\n1. $195.430 Firefighting equipment\nEach operator shall maintain adequate firefighting equipment at each pump station and\nbrerkout tank area. The equipment must be-\n(a) In proper operating condition at all times;\nISPC failed to maintain firefighting equipmcnt in proper operating condition at all times.\nAs noted in photos taken during the inspection, thc Firc Watcr piping lacks permancnt pipe\nsupport. The Firc pipeline was lying on woodcn blocks that arc not anchored to the ground. Thc\npipe was not secured to the wooden blocks. Without affixing the pipe to supports that arc\nanchored into thc ground, the integrity ofthe firc watcr system cannot be assured.\n2 S195.573 What must I do to monitor external corrosion control?\n(c) Rectifiers and other devices. You must electrically check for proper performanc€ each\ndevice in the first column at the frequency stated in the second column.\nRectifier....At least six times each calendar year, but with intervals not exceeding 2 %\nmonths.\n\n\n\ncPF l-2012-5018\nISPC failed to clectrically check rectifiers for proper performance at least six times per year but\nwith intervals not exceeding 2 % months. Records provided by the operator show that thc\ninspections on the rectifiers to check for proper electrical opcration wcrc pcrformed fiom\nFebruary, 2008 through March,2011 at intcrvals ranging llom between 6 months to onc ycar.\nOnly 6 ofthe 20 checks requircd during the period noted abovc had been completcd.\nProoosed Civil Pcnaltv\nUnder 49 United Statcs Code, $ 60122, you are subjcct to a civil penalty not to exceed $200,000 pcr\nviolation per day the violation persists up to a maximum of $2,000,000 for a related scrics of violations.\nFor violations occurring prior to January 3,2012, the maximum penalty may not excced $100,000 pcr\nviolation per day, with a maximum pcnalty not to exceed $1,000,000 for a related scrics of violations.\nThc Compliancc Offrcer has reviewcd the circumstances and supporting documentation involved in the\nabove probable violation(s) and has rcconmended that you be preliminarily assessed a civil pcnalty of\n$ 49,600 as noted bclow. With respect to item I wc have rcvicwcd the circumstances and supporting\ndocuments involvcd in this case and have decided not to assess a civil ocnaltv.\nItem number\n2\nPENALTY\n$ 49,600\nProposed Compliance Order\nWith respect to item I pursuant to 49 United States Code $ 60118, the Pipeline and Hazardous Materials\nSafety Administration proposes to issue a Compliance Order to Intcrstate Storage Pipcline Co. Plcase\nrefer to the Proposed Compliance Order, which is enclosed and made a part ofthis Notice.\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings- Please refer to this documcnt and note the rcsponse options. Be advised that\nall material you submit in responsc to this enforcement action is subject to being made publicly\navailable. Ifyou belicvc that any portion of your rcsponsive material qualifics for confidential treatment\nunder 5 U.S.C. 552(b), along with the complete original document you must provide a sccond copy ofthe\ndocument with the portions you bclicve qualifu for confidential treatment redacted and an gxplanation of\nwhy you believe the rcdacted information qualifies for confidential treatmcnt under 5 U.S.C. 552(b). If\nyou do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to\ncontcst the allegations in this Notice and authorizcs the Associate Administrator for Pipcline Safety to\nfind facts as alleged in this Notice without firther notice to you and to issue a Final Order.\nPlease submit all correspondence in this matter to Byron Coy, PE, Director, PHMSA Eastcrn Region, 820\nBcar Tavern Road, Suite 103, w. Trenton, NJ 08628. Please refer to CPF l-2012-5018 on cach\ndocument you submit, and pleasc whenever possiblc provide a signcd PDF copy in clcctronic format.\nSmallcr filcs may be emailed to Byron.Coyfgldot.eov. Larger files should be sent on a CD accompanicd\nby the original papcr copy to the Eastem Region Officc.\n. Snccrcly. --: \\ C, n -1 n\n**;fo- ,J-,t-\"r.Y\"3-.-- {* -Tt .^\n_\n-..\\\nDirector, Eastem Region\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options Jbr Pipeline Operators in Compliance Proceedings\n120125018 NoPV PCP PCO 08272012 Page 2 of3\n\n\n\ncPF 1-2012-5018\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 Unitcd States Code $ 60118, the Pipeline and Hazardous Materials Safcty Administration\n(PHMSA) proposes to issue to Interstate Storage and Pipeline Co a Compliance Order incorporating the\nfollowing remedial requirements to ensure the compliance ofISPC with the pipeline safety regulations:\n1. In regard to ltem Number I ofthe Notice pertaining to $195.430(a)\na. ISPC must install permanent supports for fire water piping.\nb. This item shall be completed within 150 days of reccipt of the Final Order.\n2. All records and procedures submittals must be compiled in a final summary r€port\ndemonstrating the work performed for all thc above-mentioned items. The final\nsummary report must be submitted to the Director within 30 days of the completion of\nthe last action performed by ISPC that is set forth in this Compliance Order.\n3. It is rcquested (not mandated) that ISPC maintains documentation of thc safety\nimprovement costs associated with fulfilling this Compliancc Order and submits the total\nto Dircctor. lt is requested that these costs be reported in two categories: l) total cost\nassociated with preparation/revision of plans, procedures, studies and analyses, and 2)\ntotal cost associated with replaccments, additions and other changes to pipeline\ninflastructure.\n120125018 NoPv PcP PCO 08272012 Page 3 of 3\n\n120125018_Withdrawal of Notice Letter_05152013_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\nWITHDRAWAL of NOTICE LETTER\nOVERNIGHT EXPRESS MAIL\nMay 15, 2013\nCharles Denault, President\nInterstate Storage & Pipeline Co.\n400 Amherst Street, Suite 405\nNashua, NH 03063\nCPF 1-2012-5018\nDear Mr. Denault:\nFrom May 16-20, 2011, a representative of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) inspected Interstate Storage and Pipeline Co.’s (ISPC) facility in Bordentown, New Jersey. As\na result of this inspection, ISPC was issued a Notice of Probable Violation, Proposed Civil Penalty, and\nProposed Compliance Order (Notice) on August 27, 2012 in the above-referenced case.\nThis Notice alleged that ISPC failed to maintain firefighting equipment in proper operating condition at\nall times as prescribed in 49 C.F.R. §195.430(a). Particularly, ISPC’s fire water piping lacked permanent\npipe supports because the piping was lying on wooden blocks.\nIn addition, this Notice alleged that ISPC failed to electrically check rectifiers for proper performance at\nleast six (6) times per year but with intervals not exceeding two and half (2 ½) months as prescribed in 49\nC.F.R. §195.573(c). At the time of this inspection, ISPC provided six (6) records for electrical checks on\nrectifiers from February 2008 to March 2011.\nSubsequently, ISPC provided additional information and documentation on September 24, 2012 and May\n10, 2013. Based on our review of the aforementioned, we have now determined that probable violations\ndid not exist. Therefore, this letter is to inform you that PHMSA hereby withdraws this Notice and that\nno further action is necessary.\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":9764}