{"operation":"document","citation":"CPF 120135013W","title":"IMTT-PIPELINE — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-07-24","effective_on":null,"summary":"CLOSED warning letter citing 195.440(a), 195.440(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135013w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135013w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135013w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120135013W","body":"Warning Letter involving IMTT-PIPELINE. PHMSA's enforcement data identifies the cited regulations as 195.440(a),  195.440(c). The case was opened on 2013-07-24 and is reported as closed as of 2013-07-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120135013W_Operator Response_10162013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135013W/120135013W_Operator%20Response_10162013.pdf\n\n120135013W_Warning Letter_07242013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135013W/120135013W_Warning%20Letter_07242013.pdf\n\n120135013W_Warning Letter_07242013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135013W/120135013W_Warning%20Letter_07242013_text.pdf\n\n120135013W_Warning Letter_07242013_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\nWARNING LETTER\nEXPRESS OVERNIGHT MAIL\nJuly 24, 2013\nMr. Richard Fasette\nTerminal Manager\nInternational-Matex Tank Terminal - Pipeline\n250 East 22nd Street\nBayonne, NJ 07002\nCPF 1-2013-5013W\nDear Mr. Fasette:\nOn September 11-14, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States\nCode inspected the International-Matex Tank Terminal – Pipeline (IMTT) Public Awareness Program in\nBayonne, New Jersey.\nAs a result of the inspection, it appears that you have committed probable violations of the Pipeline Safety\nRegulations, Title 49, Code of Federal Regulations. The items inspected and the probable violations are:\n1. §195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see § 195.3).\nIMTT failed to develop a written continuing public education program that followed the guidance\nprovided in API RP 1162 Section 4.2 Hazard Awareness and Prevention Measures.\nPursuant to API RP 1162 Section 4.2, “[o]perators should provide a very broad overview of potential\nhazards, their potential consequences, and the measures undertaken by the operator to prevent or mitigate\nthe risks from pipelines. Additionally, operators should provide an overview of their preventative\nmeasures to help assure safety and prevent incidents.” The IMTT-Pipeline Public Awareness Plan\n(including materials that were sent to stakeholders) did not contain information on the measures that\nIMTT undertakes to prevent or mitigate the risks from the pipelines or an overview of their preventative\nmeasures to help assure safety and prevent incidents.\n\n\n\n1-2013-5013W\n2. §195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see § 195.3).\nIMTT failed to develop a written continuing public education program that followed the guidance\nprovided in API RP 1162 Section 4.3.4 Liaison with Emergency Officials.\nPursuant to API RP 1162 Section 4.3.4, the message content should have “information that describe[s] the\nongoing relationship between the operator and local emergency response officials to help prevent\nincidents and assure preparedness for emergencies.” The IMTT-Pipeline Public Awareness Plan\n(including material sent to the affected public and excavators stakeholders) did not describe an ongoing\nrelationship between the IMTT and local emergency response officials.\n3. §195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see § 195.3).\nIMTT failed to develop a written continuing public education program that followed the guidance\nprovided in API RP 1162 Section 4.5 Damage Prevention.\nPursuant to API RP 1162 Section 4.5, “[b]ecause even relatively minor excavation activities can cause\ndamage to a pipeline or its protective coating or to other buried utility lines, it is important that operators\nraise the awareness of the need to report any suspected signs of damage.” The IMTT-Pipeline Public\nAwareness Plan (including material sent to the affected public and excavators stakeholders) did not\ninclude information to raise the awareness of the need to report any suspected signs of damage.\n4. §195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see § 195.3).\nIMTT failed to develop a written continuing public education program that followed the guidance\nprovided in API RP 1162 Section 4.11 Security.\nPursuant to API RP 1162 Section 4.11, “[w]here applicable and in accordance with the national\nHomeland Security efforts, pipeline operators should communicate an overview pertaining to security of\ntheir pipelines and related facilities.” The IMTT-Pipeline Public Awareness Plan, 3rd Revision: May\n2012 (including materials that were sent to stakeholders) did not contain information pertaining to\nsecurity of IMTT’s pipelines and related facilities.\n5. §195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see § 195.3).\nIMTT did not implement Section 6 Message Type and Content for Each Audience of its written\ncontinuing public education program.\n120135013W_Warning Letter_07242013 Page 2 of 4\n\n\n\n1-2013-5013W\nSection 6 Message Type and Content for Each Audience of IMTT-Pipeline Public Awareness Program\nstated that a “third-party vendor currently distributes all public awareness materials in English; the vendor\nconducts an analysis of the demographics of the area through which IMTT pipeline traverse. . . .” IMTT\ncould not demonstrate that the vendor conducted an analysis.\n6. §195.440 Public awareness.\n(a) . . .\n(c) The operator must follow the general program recommendations, including baseline\nand supplemental requirements of API RP 1162, unless the operator provides justification\nin its program or procedural manual as to why compliance with all or certain provisions of\nthe recommended practice is not practicable and not necessary for safety.\nIMTT failed to follow the general program recommendation including baseline and supplemental\nrequirements of API RP 1162 Section 8.4.1 Measure 1—Outreach: Percentage of Each Intended\nAudience and Reached with Desired Messages.\nPursuant to API RP 1162 Section 8.4.1, “[a] baseline evaluation program should establish a methodology\nto track the number of individuals or entities reached within an intended audience (e.g., households,\nexcavating companies, local government, and local first responder agencies). Additionally, this measure\nshould estimate the percentage of the stakeholders actually reached within the target geographic region\nalong the pipeline.”\nIMTT could not demonstrate that it estimated the percentage of individuals or entities actually reached.\nIMTT was unable to produce any records that showed that it did estimate the percentage of individuals or\nentities actually reached.\n7. §195.440 Public awareness.\n(a) . . .\n(c) The operator must follow the general program recommendations, including baseline\nand supplemental requirements of API RP 1162, unless the operator provides justification\nin its program or procedural manual as to why compliance with all or certain provisions of\nthe recommended practice is not practicable and not necessary for safety.\nIMTT failed to follow the general program recommendation including baseline and supplemental\nrequirements of API RP 1162 Section 8.4.2 Measure 2—Understandability of the Content of the Message.\nPursuant to API RP 1162 Section 8.4.2, “[t]his measure would assess the percentage of the intended\nstakeholder audience that understood and retained the key information in the message received.” Also,\nthis section states, “[o]perators should pre-test public awareness materials for their appeal and the\nmessages for their clarity, understandability and retain-ability before they are widely used.”\nIMTT could not demonstrate that it assessed the understandability for each stakeholder audience group.\nIn addition, IMTT could not demonstrate that it conducted a pre-test. IMTT was unable to produce any\nrecords that showed the aforementioned were done.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.\nFor violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per\nviolation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations.\n120135013W_Warning Letter_07242013 Page 3 of 4\n\n\n\n1-2013-5013W\nWe have reviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time. We advise\nyou to correct the items identified in this letter. Failure to do so will result in IMTT being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 1-\n2013-5013W. Be advised that all material you submit in response to this enforcement action is subject to\nbeing made publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120135013W_Warning Letter_07242013 Page 4 of 4","truncated":false,"body_characters":10524}