{"operation":"document","citation":"CPF 120165006","title":"COLONIAL PIPELINE CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-07-12","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.446(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120165006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120165006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120165006","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120165006","body":"Notice of Probable Violation involving COLONIAL PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 195.446(a). The case was opened on 2016-07-12 and is reported as closed as of 2018-01-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120165006_Closure Letter_01022018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165006/120165006_Closure%20Letter_01022018.pdf\n\n120165006_Closure Letter_01022018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165006/120165006_Closure%20Letter_01022018_text.pdf\n\n120165006_Final Order_04182017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165006/120165006_Final%20Order_04182017.pdf\n\n120165006_Final Order_04182017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165006/120165006_Final%20Order_04182017_text.pdf\n\n120165006_NOPV PCO_07122016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165006/120165006_NOPV%20PCO_07122016.pdf\n\n120165006_NOPV PCO_07122016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165006/120165006_NOPV%20PCO_07122016_text.pdf\n\n120165006_Operator Response to Notice_08052016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165006/120165006_Operator%20Response%20to%20Notice_08052016.pdf\n\n120165006_Final Order_04182017_text.pdf\n\nApril 18, 2017\nMr. John W. Somerhalder\nInterim President and Chief Executive\nColonial Pipeline Co.\n1185 Sanctuary Parkway, Suite 100\nAlpharetta, GA 30004-4738\nRe: CPF No. 1-2016-5006\nDear Mr. Somerhalder:\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 Colonial Pipeline Co. 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,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Robert Burrough, Acting Director, Eastern Region, OPS\nMr. Doug Belden, Vice President and General Manager, Operations, Colonial Pipeline\nCo.\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\n____________________________________\nIn the Matter of )\nColonial Pipeline Co., ) CPF No. 1-2016-5006\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom November 17, 2014, through December 29, 2014, pursuant to 49 U.S.C. § 60117, a\nrepresentative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office\nof Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of Colonial Pipeline\nCo. (CPL or Respondent) records and control room facility in Linden, New Jersey. CPL\ntransports hazardous liquids through its approximately 5,500-mile pipeline, which begins in\nHouston, Texas and ends in Linden, New Jersey.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated July 12, 2016, 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 CPL had\nviolated 49 C.F.R. § 195.446(a) and proposed ordering Respondent to take certain measures to\ncorrect the alleged violation.\nCPL responded to the Notice by letter dated August 5, 2016 (Response). The company did not\ncontest the allegation of violation, but did provide additional clarifying information regarding the\nitem addressed in the Notice. Further, the company agreed to take the corrective actions\nidentified in the Notice. Respondent did not request a hearing and therefore has waived its right\nto one and authorized the entry of this Final Order without further notice.\nFINDING OF VIOLATION\nIn its Response, CPL did not contest the allegation in the Notice that it violated 49 C.F.R. Part\n195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.446(a), which states:\n1 Colonial Pipeline Co. website, available at http://www.colpipe.com/home/about-colonial/system-map (last\naccessed December 29, 2016).\n\n\n\nCPF No. 1-2016-5006\nPage 2\n§ 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline facility with a\ncontroller working in a control room who monitors and controls all or part of a\npipeline facility through a SCADA system. Each operator must have and follow\nwritten control room management procedures that implement the requirements of\nthis section. The procedures required by this section must be integrated, as\nappropriate, with the operator’s written procedures required by § 195.402. An\noperator must develop the procedures no later than August 1, 2011, and must\nimplement the procedures according to the following schedule. The procedures\nrequired by paragraphs (b), (c)(5), (d)(2) and (d)(3), (f) and (g) of this section must\nbe implemented no later than October 1, 2011. The procedures required by\nparagraphs (c)(1) through (4), (d)(1), (d)(4), and (e) must be implemented no later\nthan August 1, 2012. The training procedures required by paragraph (h) must be\nimplemented no later than August 1, 2013, except that any training required by\nanother paragraph of this section must be implemented no later than the deadline\nfor that paragraph.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.446(a) by failing to implement the\ntraining procedures required by § 195.446(h) no later than August 1, 2012. Specifically, the\nNotice alleged that CPL could not demonstrate it had conducted a review of its training program\nfor the Linden Control Room as required by § 195.446(h). Pursuant to 49 C.F.R. § 195.446(h),\nan operator must have a training procedure that specifies it will, at a minimum, review its\ntraining program content to identify potential improvements at least once each year, but at\nintervals not to exceed 15 months. Accordingly, CPL was required to have conducted a review\nof its training program by November 1, 2013, 15 months after the August 1, 2012\nimplementation deadline established by § 195.446(a). During the inspection, the PHMSA\ninspectors requested CPL to provide copies of records for the Linden Control Room that showed\nthe company had reviewed its training program procedure prior to November 1, 2013. CPL did\nnot have any such records available at the time of the inspection. Following the inspection, CPL\nresponded to the PHMSA inspector’s request by email dated December 29, 2014. The December\n29, 2014 email included the following attachments: 2013 Assessment Colonial Pipeline\nController Training Analysis Report; 2014 Site Specific Annual Training Assessment – Linden;\nand 2014 CRM Training Assessment Sign-Off Sheet.\nFirst, the 2013 Assessment Colonial Pipeline Controller Training Analysis Report contains\nguidance on how to analyze a training program but does not demonstrate that a review of the\nLinden Control Room training program was performed within the requisite timeframe. Further,\nthe Notice alleged that it was not clear that the report related to all control rooms, including the\nLinden Control Room. CPL provided clarifying information that this report did apply to all\ncontrol rooms, including the Linden Control Room. PHMSA acknowledges this clarification.\nSecond, the 2014 Site Specific Annual Training Assessment – Linden is dated December 9, 2014,\nwhich is more than 15 months after the August 1, 2012 implementation deadline required by\n§ 195.446(a) and § 195.446(h). Further, this training assessment lacks details regarding the\nmaterials reviewed to evaluate the training program, or how it was determined that the training\n\n\n\nCPF No. 1-2016-5006\nPage 3\nprocedures were “acceptable.”\nThird, the 2014 CRM Training Assessment Sign-Off Sheet is dated October 13, 2014. This\nrecord further reflects that CPL’s review of the training program required by § 195.446(h) was\nconducted more than 15 months after the August 1, 2012 implementation date.\nRespondent did not contest the allegation in the Notice that the records provided by CPL do not\ndemonstrate the company performed a review of the training program for the Linden Control\nRoom at least once each year but not to exceed 15 months, from the August 1, 2012\nimplementation date. Accordingly, based upon a review of all of the evidence, I find that\nRespondent violated\n49 C.F.R. § 195.446(a) by failing to implement the training procedure required by 195.446(h) no\nlater than August 1, 2012.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violations of 49\nC.F.R. § 195.446(a). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601. Pursuant to the\nauthority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the\nfollowing actions to ensure compliance with the pipeline safety regulations applicable to its\noperations:\n1. 2. With respect to the violation of § 195.446(a) (Item 1), Respondent must:\na. Conduct a review of its training program, as specifically applied to the Linden\nb. c. d. Control Room;\nCreate an assessment of the Linden Control Room training program;\nIf there are any refinements or additions to the Linden Control Room training\nprogram identified, establish a timeline to implement such refinements or\nadditions;\nSubmit documentation relative to items a, b, and c above to the Director,\nEastern Region within 120 days of receipt of the Final Order.\nIn addition, pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R.\n§ 190.217, Respondent is requested (not mandated) to take the following action:\nCPL should maintain documentation of the safety improvement costs associated with\nfulfilling this Compliance Order and submit the total to Robert Burrough, Acting\nDirector, Eastern Region, Pipeline and Hazardous Materials Safety Administration. is requested that these costs be reported in two categories: 1) total cost associated\nwith preparation/revision of plans, procedures, studies and analyses; and 2) total cost\nIt\n\n\n\nCPF No. 1-2016-5006\nPage 4\nassociated with replacements, 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\nas set forth in 49 C.F.R. § 190.223 for each violation for each day the violation continues or in\nreferral to the Attorney 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\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.\nApril 18, 2017\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n120165006_Closure Letter_01022018_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nJanuary 2, 2018\nMr. Joseph Blount\nPresident and CEO\nColonial Pipeline Company\n1185 Sanctuary Parkway, Suite 100\nAlpharetta, GA 30009-4765\nCPF 1-2016-5006\nDear Mr. Blount:\nOn April 18, 2017, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\nto Colonial Pipeline Company 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\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":13004}