{"operation":"document","citation":"CPF 120175012W","title":"COLONIAL PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-04-06","effective_on":null,"summary":"CLOSED warning letter citing 195.204.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175012w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175012w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175012w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120175012W","body":"Warning Letter involving COLONIAL PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 195.204. The case was opened on 2017-04-06 and is reported as closed as of 2017-04-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120175012W_Warning Letter_04062017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175012W/120175012W_Warning%20Letter_04062017.pdf\n\n120175012W_Warning Letter_04062017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175012W/120175012W_Warning%20Letter_04062017_text.pdf\n\n120175012W_Warning Letter_04062017_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nApril 6, 2017\nMr. John Somerhalder\nInterim President & CEO\nColonial Pipeline Company\n1185 Sanctuary Parkway\nSuite 100\nAlpharetta, GA 30009\nCPF-1-2017-5012W\nDear Mr. Somerhalder:\nOn June 07, 2016, a representative of Virginia State Corporation Commission (VASCC) acting as\nagents for the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to\nChapter 601 of 49 United States Code inspected your Cobbs Creek Relocation Project in\nCumberland County, VA.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation(s) are:\n1. §195.204 Inspection—General.\nInspection must be provided to ensure that the installation of pipe or pipeline systems\nis in accordance with the requirements of this subpart. Any operator personnel used\nto perform the inspection must be trained and qualified in the phase of construction\nto be inspected. An operator must not use operator personnel to perform a required\ninspection if the operator personnel performed the construction task requiring\ninspection. Nothing in this section prohibits the operator from inspecting construction\ntasks with operator personnel who are involved in other construction tasks.\nColonial Pipeline Company (CPL) failed to conduct inspection of the coating application process\nusing personnel that have been trained and qualified in the phase of construction to be inspected.\nSpecifically, CPL failed to follow its procedures for coating application on the 32-inch and 36-\n\n\n\nCPF 1-2017-5012W\ninch diameter mains installed on CPL’s Cobbs Creek Relocation Project located at 1617 Columbia\nRoad near Cedar Plains Road in Cumberland County, VA.\nDuring this inspection on June 7, 2016, the VASCC inspector observed the CPL coating inspector\ninspecting the coating of the girth weld areas, on the 32-inch and 36-inch pipelines.\nOn June 29, 2016, the VASCC issued a Notice of Investigation (NOI) stating in part that “The\ncoating inspector for the project…, did not have qualifications to inspect the coating application\nprocess. CPL responded to the NOI on July 7, 2016 and stated in part that (CPL response is\nitalicized):\n“Colonial respectfully disagrees with VA SCC’s finding.\nCode Section 195.204 provides, in part, “Any operator personnel used to perform the\ninspection must be trained and qualified in the phase of construction to be inspected.”\nCode Section 195.204 does not specify the manner in which the inspector is “trained and\nqualified” – only that the inspector be “trained and qualified”.\nIn that regard, Colonial believes that the requirement that an inspector must be “trained\nand qualified” can be satisfied through onsite training, work history, and experience as\nwell as official certifications.\nAs such, Colonial respectfully submits that [the coating inspector] was “trained and\nqualified”. Attached are [the coating inspector’s]: (1) Resume (Att A – [the coating\ninspector’s] Resume-1 Redacted.pdf), (2) Veriforce records (Att B – [the coating inspector]\nVeriforce.pdf), and (3) ISNetworld OQ Report (Att C – [the coating inspector] ISNetworld\nOQ Report.pdf). Colonial believes that [the coating inspector’s] work history and OQ\nrecords demonstrates that [the coating inspector] was trained and qualified as to\ninspection of coating applications.”\nThe documents provided by CPL did not demonstrate that the CPL coating inspector was qualified\nto inspect the application of external coatings.\nSubsequently, CPL replaced the coating inspector with a NACE CP-1 Level Coating Inspector.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $205,638\nper violation per day the violation persists up to a maximum of $2,056,380 for a related series of\nviolations. For violation occurring between January 4, 2012 to August 1, 2016, the maximum\npenalty may not exceed $200,000 per violation per day, with a maximum penalty not to exceed\n$2,000,000 for a related series of violations. For violations occurring prior to January 4, 2012, the\nmaximum penalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 for a related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitem(s) identified in this letter. Failure to do so will result in Colonial Pipeline Company being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, Please address your correspondence on\n120175012W_Warning Letter_04062017_text Page 2 of 3\n\n\n\nCPF 1-2017-5012W\nthis matter to: Robert Burrough, Acting Director, PHMSA Eastern Region, 820 Bear Tavern Road,\nSuite 103, West Trenton, NJ 08628. Please refer to CPF 1-2017-5012W. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond 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,\nRobert Burrough\nActing Director, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: Jim Fisher, VA SCC\n120175012W_Warning Letter_04062017_text Page 3 of 3","truncated":false,"body_characters":6360}