INTERSTATE STORAGE & PIPELINE C0 — Notice of Probable Violation

case documentOfficial PDF120125018_NOPV_PCP_PCO_08272012_text.pdf#

party submissionOfficial PDF120125018_Operator Response_09242012.pdf#

120125018_NOPV-PCP-PCO_08272012.pdf, page 1Official PDFe U.S. Department 820 Bear Tavern Road, Suitc 103 Of Transportation Wcst Trcnton, NJ 08628 Pipeline and 609.989.2171 Hazardous Materials Safety Administration NOTICE OF PROBABLE VIOLATION PROPOSED CIVTL PENALTY and PROPOSED COMPLIANCE ORDER OVERNIGHT EXPRESS MAIL August 27 ,2012 Mr. Charles Denault, President Intcrstate Storage and Pipelinc Co. 400 Amherst Street. Suite 202. Nashua, NH 03063 cPF r-2012-5018 Dear Mr. Denault: From May 16-20,2011, a representative of the Pipclinc and Hazardous Materials Safety Administration (PHMSA) pursuant to Chaptcr 601 of 49 Unitcd States Code inspected your Interstate Storage and Pipelinc Co. (ISPC), Bordcntown's, New Jcrsey facility. As a result of the inspection, it appears that you have committed probable violations ofthe Pipeline Safcty Regulations, Title 49, Codc of Fcdcral Regulations. The itcms inspected and the probable violations are: 1. $195.430 Firefighting equipment Each operator shall maintain adequate firefighting equipment at each pump station and brerkout tank area. The equipment must be- (a) In proper operating condition at all times; ISPC failed to maintain firefighting equipmcnt in proper operating condition at all times. As noted in photos taken during the inspection, thc Firc Watcr piping lacks permancnt pipe support. The Firc pipeline was lying on woodcn blocks that arc not anchored to the ground. Thc pipe was not secured to the wooden blocks. Without affixing the pipe to supports that arc anchored into thc ground, the integrity ofthe firc watcr system cannot be assured. 2 S195.573 What must I do to monitor external corrosion control? (c) Rectifiers and other devices. You must electrically check for proper performanc€ each device in the first column at the frequency stated in the second column. Rectifier....At least six times each calendar year, but with intervals not exceeding 2 % months.#

120125018_NOPV-PCP-PCO_08272012.pdf, page 2cPF l-2012-5018 ISPC failed to clectrically check rectifiers for proper performance at least six times per year but with intervals not exceeding 2 % months. Records provided by the operator show that thc inspections on the rectifiers to check for proper electrical opcration wcrc pcrformed fiom February, 2008 through March,2011 at intcrvals ranging llom between 6 months to onc ycar. Only 6 ofthe 20 checks requircd during the period noted abovc had been completcd. Prooosed Civil Pcnaltv Under 49 United Statcs Code, $ 60122, you are subjcct to a civil penalty not to exceed $200,000 pcr violation per day the violation persists up to a maximum of $2,000,000 for a related scrics of violations. For violations occurring prior to January 3,2012, the maximum penalty may not excced $100,000 pcr violation per day, with a maximum pcnalty not to exceed $1,000,000 for a related scrics of violations. Thc Compliancc Offrcer has reviewcd the circumstances and supporting documentation involved in the above probable violation(s) and has rcconmended that you be preliminarily assessed a civil pcnalty of $ 49,600 as noted bclow. With respect to item I wc have rcvicwcd the circumstances and supporting documents involvcd in this case and have decided not to assess a civil ocnaltv. Item number 2 PENALTY $ 49,600 Proposed Compliance Order With respect to item I pursuant to 49 United States Code $ 60118, the Pipeline and Hazardous Materials Safety Administration proposes to issue a Compliance Order to Intcrstate Storage Pipcline Co. Plcase refer to the Proposed Compliance Order, which is enclosed and made a part ofthis Notice. Response to this Notice Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings- Please refer to this documcnt and note the rcsponse options. Be advised that all material you submit in responsc to this enforcement action is subject to being made publicly available. Ifyou belicvc that any portion of your rcsponsive material qualifics for confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must provide a sccond copy ofthe document with the portions you bclicve qualifu for confidential treatment redacted and an gxplanation of why you believe the rcdacted information qualifies for confidential treatmcnt under 5 U.S.C. 552(b). If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contcst the allegations in this Notice and authorizcs the Associate Administrator for Pipcline Safety to find facts as alleged in this Notice without firther notice to you and to issue a Final Order. Please submit all correspondence in this matter to Byron Coy, PE, Director, PHMSA Eastcrn Region, 820 Bcar Tavern Road, Suite 103, w. Trenton, NJ 08628. Please refer to CPF l-2012-5018 on cach document you submit, and pleasc whenever possiblc provide a signcd PDF copy in clcctronic format. Smallcr filcs may be emailed to Byron.Coyfgldot.eov. Larger files should be sent on a CD accompanicd by the original papcr copy to the Eastem Region Officc. . Snccrcly. --: \ C, n -1 n **;fo- ,J-,t-"r.Y"3-.-- {* -Tt .^ _ -..\ Director, Eastem Region Pipeline and Hazardous Materials Safety Administration Enclosures: Proposed Compliance Order Response Options Jbr Pipeline Operators in Compliance Proceedings 120125018 NoPV PCP PCO 08272012 Page 2 of3#

120125018_NOPV-PCP-PCO_08272012.pdf, page 3cPF 1-2012-5018 PROPOSED COMPLIANCE ORDER Pursuant to 49 Unitcd States Code $ 60118, the Pipeline and Hazardous Materials Safcty Administration (PHMSA) proposes to issue to Interstate Storage and Pipeline Co a Compliance Order incorporating the following remedial requirements to ensure the compliance ofISPC with the pipeline safety regulations: 1. In regard to ltem Number I ofthe Notice pertaining to $195.430(a) a. ISPC must install permanent supports for fire water piping. b. This item shall be completed within 150 days of reccipt of the Final Order. 2. All records and procedures submittals must be compiled in a final summary r€port demonstrating the work performed for all thc above-mentioned items. The final summary report must be submitted to the Director within 30 days of the completion of the last action performed by ISPC that is set forth in this Compliance Order. 3. It is rcquested (not mandated) that ISPC maintains documentation of thc safety improvement costs associated with fulfilling this Compliancc Order and submits the total to Dircctor. lt is requested that these costs be reported in two categories: l) total cost associated with preparation/revision of plans, procedures, studies and analyses, and 2) total cost associated with replaccments, additions and other changes to pipeline inflastructure. 120125018 NoPv PcP PCO 08272012 Page 3 of 3#

120125018_Withdrawal of Notice Letter_05152013_text.pdf, page 1Official PDFU.S. Department of Transportation Pipeline and 609.989.2171 Hazardous Materials Safety Administration 820 Bear Tavern Road, Suite 103 West Trenton, NJ 08628 WITHDRAWAL of NOTICE LETTER OVERNIGHT EXPRESS MAIL May 15, 2013 Charles Denault, President Interstate Storage & Pipeline Co. 400 Amherst Street, Suite 405 Nashua, NH 03063 CPF 1-2012-5018 Dear Mr. Denault: From May 16-20, 2011, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA) inspected Interstate Storage and Pipeline Co.’s (ISPC) facility in Bordentown, New Jersey. As a result of this inspection, ISPC was issued a Notice of Probable Violation, Proposed Civil Penalty, and Proposed Compliance Order (Notice) on August 27, 2012 in the above-referenced case. This Notice alleged that ISPC failed to maintain firefighting equipment in proper operating condition at all times as prescribed in 49 C.F.R. §195.430(a). Particularly, ISPC’s fire water piping lacked permanent pipe supports because the piping was lying on wooden blocks. In addition, this Notice alleged that ISPC failed to electrically check rectifiers for proper performance at least six (6) times per year but with intervals not exceeding two and half (2 ½) months as prescribed in 49 C.F.R. §195.573(c). At the time of this inspection, ISPC provided six (6) records for electrical checks on rectifiers from February 2008 to March 2011. Subsequently, ISPC provided additional information and documentation on September 24, 2012 and May 10, 2013. Based on our review of the aforementioned, we have now determined that probable violations did not exist. Therefore, this letter is to inform you that PHMSA hereby withdraws this Notice and that no further action is necessary. Sincerely, Byron Coy, PE Director, Eastern Region Pipeline and Hazardous Materials Safety Administration#