{"operation":"document","citation":"CPF 120156001","title":"CITY OF BANGOR — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-05-27","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a), 195.404(a)(3), 195.452(a), 195.505.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120156001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120156001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120156001","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120156001","body":"Notice of Probable Violation involving CITY OF BANGOR. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.404(a)(3),  195.452(a),  195.505. The case was opened on 2015-05-27 and is reported as closed as of 2017-12-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120156001_Closure Letter_12052017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120156001/120156001_Closure%20Letter_12052017.pdf\n\n120156001_Closure Letter_12052017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120156001/120156001_Closure%20Letter_12052017_text.pdf\n\n120156001_Final Order_04292016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120156001/120156001_Final%20Order_04292016.pdf\n\n120156001_Final Order_04292016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120156001/120156001_Final%20Order_04292016_text.pdf\n\n120156001_NOPV_PCO_05272015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120156001/120156001_NOPV_PCO_05272015.pdf\n\n120156001_NOPV_PCO_05272015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120156001/120156001_NOPV_PCO_05272015_text.pdf\n\n120156001_Operator Response to Notice and Request for Time Extension_06092015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120156001/120156001_Operator%20Response%20to%20Notice%20and%20Request%20for%20Time%20Extension_06092015.pdf\n\n120156001_Final Order_04292016_text.pdf\n\nApril 29, 2016\nMs. Cathy Conlow\nCity Manager\nCity of Bangor\nBangor City Hall\n73 Harlow Street\nBangor, Maine 04401\nRe: CPF No. 1-2015-6001\nDear Ms. Conlow:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and specifies actions that need to be taken by the City of Bangor to comply with the\npipeline safety regulations. When the terms of the compliance order have been completed, as\ndetermined by the Director, Eastern Region, this enforcement action will be closed. Service of\nthe Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise\nprovided 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, P.E., Director, Eastern Region, OPS\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\nIn the Matter of )\nCity of Bangor, Maine, ) CPF No. 1-2015-6001\na municipal corporation, )\nRespondent. )\n)\n)\n)\n)\nFINAL ORDER\nFrom August 19-21, 2014, 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 City of Bangor’s (City or Respondent)\nAirport Feeder Line pipeline facilities (Airport Line) and procedures in Bangor, Maine. The City\nowns and operates the Bangor International Airport, including a hazardous liquid fuel pipeline\nrunning 0.934 miles that supplies the airport’s hydrant system. The Bangor International Airport\nserves the general public as well as military charter flights making refueling stops.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated May 27, 2015, a Notice of Probable Violation and Proposed Compliance Order\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that the City had\ncommitted various violations of 49 C.F.R. Part 195 and proposed ordering Respondent to take\ncertain measures to correct the alleged violations.\nThe City responded to the Notice by letter dated June 9, 2015 (Response). Respondent did not\ncontest the alleged violations but requested an extension of time to prepare an appropriate\nresponse to the Notice. On June 17, 2015, PHMSA granted the extension, affording the City\nadditional time to respond by July 28, 2015.\nOn July 23, 2015, Respondent submitted an additional response to the Notice (Second\nResponse). In its Second Response, the City did not contest the violations as alleged in the\nNotice but requested additional time to address each violation and to explore the option of\nconverting the Airport Line from a pressurized to a full gravity-feed system.\n1 Pipeline Safety Violation Report (May 27, 2015) (Violation Report) (on file with PHMSA), at 1.\n\n\n\nCPF No. 1-2015-6001\n2\nRespondent submitted a third response by letter dated August 24, 2015 (Third Response). In its\nThird Response, the City confirmed that it was not possible to convert its pipeline to a full\ngravity-feed system without a significant financial investment. Respondent further indicated its\nwillingness to continue to address each violation in order to ensure proper compliance.\nRespondent did not request a hearing and, therefore, has waived its right to one.\nFINDINGS OF VIOLATION\nThe City did not contest the allegations in the Notice that it violated 49 C.F.R. Part 195, as\nfollows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402(a), which states:\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 made\nas necessary to insure that the manual is effective. This manual shall be\nprepared before initial operations of a pipeline system commence, and\nappropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.402(a) by failing to prepare and\nfollow, for its Airport Line, a manual of written procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies. Specifically, the\nNotice alleged that at the time of the PHMSA inspection, the City provided a copy of its\noperations and maintenance manual entitled, “Bangor International Airport Pipeline Operations\nand Maintenance Manual,” which failed to meet the requirements of 49 C.F.R. § 195.402(a). In\naddition, the City did not have procedures or records for reviewing the manual at intervals not\nexceeding 15 months, but at least once each calendar year.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.402(a) by failing to prepare and\nfollow, for its Airport Line, a manual of written procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.404(a)(3), which states, in\nrelevant part:\n§ 195.404 Maps and records.\n(a) Each operator shall maintain current maps and records of its\npipeline systems that include at least the following information;…\n(3) The maximum operating pressure of each pipeline.\n\n\n\nCPF No. 1-2015-6001\n3\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.404(a)(3) by failing to maintain\ncurrent records of its pipeline system, including the maximum operating pressure (MOP) of the\nAirport Line. Specifically, the Notice alleged that at the time of inspection, Respondent lacked\nrecords of its system showing information on how the City had established the MOP of the\nAirport Line.\nAs a follow-up to the inspection, PHMSA requested that Respondent provide additional\ndocumentation related to its establishment of the pipeline’s MOP. The City provided subsequent\nemails, dated September 22, 2014, September 26, 2014, and October 8, 2014, which\ndemonstrated how the City had established “Maximum Allowable Operating Pressure.”\nHowever, neither the information provided during the inspection nor the subsequent emails\nincluded sufficient records necessary to validate the pipeline’s MOP pursuant to 49 C.F.R.\n§ 195.406(a).\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.404(a)(3) by failing to maintain\ncurrent records of its system showing information on how the City had established the MOP of\nthe Airport Line.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.452, which states in\nrelevant part:\n§ 195.452 Pipeline integrity management in high consequence areas.\n(a) Which pipelines are covered by this section? This section applies\nto each hazardous liquid pipeline that could affect a high consequence area,\nincluding any pipeline located in a high consequence area unless the\noperator effectively demonstrates by risk assessment that the pipeline could\nnot affect the area. (Appendix C of this part provides guidance on\ndetermining if a pipeline could affect a high consequence area.) Covered\npipeline are categorized as follows:…\n(1) . . .\n(2) Category 2 includes pipelines existing on May 29, 2001, that were\nowned or operated by an operator who owned or operated less than 500\nmiles of pipeline subject to this part. . . .\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.452 by failing to prepare and\nfollow a written integrity management program for its pipeline facilities that could affect a high\nconsequence area (HCA).2 Specifically, the Notice alleged that the Airport Line is a Category 2\n2 Pursuant to 49 C.F.R. 195.450, a high consequence area means:\n(1) A commercially navigable waterway, which means a waterway where a\nsubstantial likelihood of commercial navigation exists;\n(2) A high population area, which means an urbanized area, as defined and\ndelineated by the Census Bureau, that contains 50,000 or more people and has a\npopulation density of at least 1,000 people per square mile;\n\n\n\nCPF No. 1-2015-6001\n4\nHCA pipeline and is therefore required to have an integrity management program. Specifically,\nthe Notice alleged that, at the time of inspection, Respondent provided a one-page document,\nPipeline Integrity Management Program 49 C.F.R. § 195.452, dated December 20, 2010. This\nprocedure, however, lacked most of the required elements of an integrity management program,\nincluding a baseline assessment plan required by § 195.452(b).\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.452 by failing to prepare and\nfollow a written integrity management program for its pipeline facilities that could affect an\nHCA.\nItem 4: The Notice alleged that Respondent violated 49 C.F.R. § 195.505, which states:\n§ 195.505 Qualification program.\nEach operator shall have and follow a written qualification program.\nThe program shall include provisions to:\n(a) Identify covered tasks;\n(b) Ensure through evaluation that individuals performing covered\ntasks are qualified;\n(c) Allow individuals that are not qualified pursuant to this subpart to\nperform a covered task if directed and observed by an individual that is\nqualified;\n(d) Evaluate an individual if the operator has reason to believe that the\nindividual’s performance of a covered task contributed to an accident as\ndefined in Part 195;\n(e) Evaluate an individual if the operator has reason to believe that the\nindividual is no longer qualified to perform a covered task;\n(f) Communicate changes that affect covered tasks to individuals\nperforming those covered tasks;\n(g) Identify those covered tasks and the intervals at which evaluation\nof the individual’s qualifications is needed;\n(h) After December 16, 2004, provide training, as appropriate, to\nensure that individuals performing covered tasks have the necessary\nknowledge and skills to perform the tasks in a manner that ensures the safe\noperation of pipeline facilities; and\n(i) After December 16, 2004, notify the Administrator or a state\nagency participating under 49 U.S.C. Chapter 601 if the operator\n(3) An other populated area, which means a place, as defined and delineated by the\nCensus Bureau, that contains a concentrated population, such as an incorporated or\nunincorporated city, town, village, or other designated residential or commercial area;\n(4) An unusually sensitive area, as defined in § 195.6.\n\n\n\nCPF No. 1-2015-6001\n5\nsignificantly modifies the program after the Administrator or state agency\nhas verified that it complies with the section.3\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.505 by failing to prepare and\nfollow a written operator qualification program with the various provisions quoted above.\nSpecifically, the Notice alleged that during the inspection, Respondent provided the PHMSA\ninspector with a copy of its operator qualification program (OQ Program), DOT Operator\nQualification Plan, dated February 1, 2011 (OQ Plan). The Notice alleged, however, that the\nOQ Plan lacked various elements required by the regulation. For example, it did not include\ninformation on how the covered task list was developed or a complete list of covered tasks, and\ncontained a three-year reevaluation interval for all tasks, with no justification or basis for\nselecting such an interval. Additionally, the OQ Plan did not identify initial qualification,\nretraining, and reevaluation requirements for individuals performing covered tasks, nor did it\nhave a documented training program to ensure that individuals performing covered tasks had the\nnecessary knowledge and skills to perform the task.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.505 by failing to prepare and\nfollow a written qualification program that included all the provisions as outlined in the pipeline\nsafety regulation.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1, 2, 3, and 4 in the Notice for\nviolations of 49 C.F.R. §§ 195.402(a), 194.404(a)(3), 195.452, and 195.505, respectively. Under\n49 U.S.C. § 60118(a), each person who engages in the transportation of hazardous liquids or who\nowns or operates a pipeline facility is required to comply with the applicable safety standards\nestablished under chapter 601. Pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R.\n§ 190.217, Respondent is ordered to take the following actions to ensure compliance with the\npipeline safety regulations applicable to its operations:\n1. With respect to the violation of § 195.402(a) (Item 1), Respondent must establish\nand implement a manual of written procedures that fulfills the requirements of\n3 This version of § 195.505 was in effect at the time the alleged violation occurred. On March 11, 2015,\n§ 195.505(i) was revised to read as follows:\nAfter December 16, 2004, notify the Administrator or a state agency participating\nunder 49 U.S.C. Chapter 601 if the operator significantly modifies the program after the\nadministrator or state agency has verified that it complies with this section. Notifications\nto PHMSA may be submitted by electronic mail to\nInformationResourcesManager@dot.gov, or by mail to ATTN: Information Resources\nManager, DOT/PHMSA/OPS, East Building, 2nd Floor, E22-321, New Jersey Avenue\nSE., Washington, DC 20590.\n\n\n\nCPF No. 1-2015-6001\n6\n2. 3. 4. 5. § 195.402 in its entirety (e.g., Emergency Response Training Program, Damage\nPrevention Program, Integrity Management Program, Corrosion Control\nProcedures, etc.), within 270 days of issuance of the Final Order.\nWith respect to the violation of § 195.404(a)(3) (Item 2), Respondent must\nprovide sufficient procedures for, and adequate records related to, the\nestablishment of the MOP in accordance with § 195.406(a) for all jurisdictional\npipeline segments, within 90 days of the issuance of the Final Order.\nFor any pipeline facilities that do not have the necessary and adequate MOP\nrecords necessary to establish the MOP, Respondent must develop and implement\na plan to establish the MOP in accordance with § 195.406(a). This plan must be\nsubmitted to the Region Director for possible modification and approval within\n150 days of issuance of the Final Order, and have the MOP established within 365\ndays of issuance of the Final Order. The plan must include the following:\ni. A list of all jurisdictional pipeline segments;\nii. A delineation of those sections needing pressure testing from those that\ndo not;\niii. Results of any pressure tests performed in accordance with Subpart E in\n49 C.F.R. Part 195;\niv. Safety measures that should be taken pre- and post- pressure testing; and\nv. Documentation showing completion of any associated repairs identified\nduring the pressure test in accordance with appropriate procedures and\nfederal pipeline safety regulations.\nRespondent must provide O&M Procedures documenting MOP, to include\ninformation on how the pipeline facilities will be operated and monitored to\nassure operation within the limits prescribed by § 195.406, within 365 days of\nissuance of the Final Order.\nWith respect to the violation of § 195.452 (Item 3), Respondent must establish\nand implement a pipeline integrity management program that fulfills the\nrequirements of § 195.452 in its entirety, including development and\nimplementation of a baseline assessment, within 365 days of issuance of the Final\nOrder. Additionally, Respondent must submit the following information to the\nRegional Director within 270 days of the Final Order:\ni. A description of the pipeline segments covered under the integrity\nmanagement program, to include type and grade of pipe, age of pipe,\nwelding type(s) utilized on the pipeline (longitudinal, if applicable, and\ncircumferential);\nii. The method(s) selected to assess the integrity of the line pipe; and\n\n\n\nCPF No. 1-2015-6001\n7\n6. iii. The schedule for completing the integrity assessment established in\naccordance with § 195.452.\nWith respect to the violation of 195.505 (Item 4), Respondent must complete, at a\nminimum, the following actions within 270 days of the issuance of this Final\nOrder:\n7. 8. Establish and implement an OQ Program consistent with § 195.505, to include\nall tasks that meet the four-part test in § 195.501. The plan must include:\ni. A listing of all tasks that are required to be performed by qualified\nindividuals;\nii. A listing of all qualified individuals, and the tasks and dates for\nwhich they were qualified;\niii. Initial qualification, retraining, and reevaluation requirements for\neach covered task, to demonstrate the knowledge, skills, and\nabilities of qualified individuals; and\niv. Procedures for ensuring that contractor personnel performing\ncovered tasks on the pipeline facilities are qualified.\nAll documentation demonstrating compliance with each of the items outlined in\nthis Compliance Order must be submitted to the Director, Eastern Region,\nPHMSA, Bear Tavern Road, Suite 103, West Trenton, NJ 08628. Documentation\nand recordkeeping must be consistent with appropriate regulations in 49 C.F.R.\nPart 195.\nFinally, pursuant to the authority of 49 U.S.C. 60118(b) and 49 C.F.R. § 190.217,\nRespondent is requested (not mandated) to maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit\nthe total to the Director, Eastern Region, PHMSA. It is requested that these costs\nbe reported in two categories: 1) total cost associated with preparation/revision of\nplans, procedures, studies and analyses; and 2) total cost associated with\nreplacements, additions and other changes to pipeline 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 penalties\nnot to exceed $200,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nUnder 49 C.F.R. § 190.243, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline\nSafety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC\n\n\n\nCPF No. 1-2015-6001\n8\n20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA\nwill accept petitions received no later than 20 days after receipt of service of this Final Order by\nthe Respondent, provided they contain a brief statement of the issue(s) and meet all other\nrequirements of 49 C.F.R. § 190.243. Unless the Associate Administrator, upon request, grants a\nstay, the terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n_________________________________ _________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n120156001_Closure Letter_12052017_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nDecember 5, 2017\nMs. Cathy Conlow\nCity Manager, Bangor, ME\nBangor City Hall\n73 Harlow Street\nBangor, ME 04401\nCPF 1-2015-6001\nDear Ms. Conlow:\nOn April 29, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\nto the City of Bangor a Final Order in the above-referenced case. This Order included a\nCompliance Order. Based on our review of the documentation you provided, it has been\ndetermined 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,\nRobert Burrough\nActing Director, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":22108}