{"operation":"document","citation":"CPF 120175022W","title":"KIANTONE PIPELINE CORP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-06-28","effective_on":null,"summary":"CLOSED warning letter citing 195.505(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175022w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175022w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175022w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120175022W","body":"Warning Letter involving KIANTONE PIPELINE CORP. PHMSA's enforcement data identifies the cited regulation as 195.505(b). The case was opened on 2017-06-28 and is reported as closed as of 2017-06-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120175022W_Operator Response to Notice_07252017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175022W/120175022W_Operator%20Response%20to%20Notice_07252017.pdf\n\n120175022W_Warning Letter_06282017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175022W/120175022W_Warning%20Letter_06282017.pdf\n\n120175022W_Warning Letter_06282017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175022W/120175022W_Warning%20Letter_06282017_text.pdf\n\n120175022W_Warning Letter_06282017_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nJune 28, 2017\nMr. David Wortman\nVice President, Supply and Transportation\nKiantone Pipeline Corporation\nc/o United Refining Company\n814 Lexington Avenue\nWarren, PA 16365\nCPF 1-2017-5022W\nDear Mr. Wortman:\nOn April 4-5, 2017, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) conducted\nan investigation regarding public complaint allegations of pipeline safety violations involving the\nKiantone Pipeline Tank Farm facilities located in Warren, Pennsylvania.\nAs a result of the investigation, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. §195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\nKiantone failed to ensure through qualification that individuals performing covered tasks are\nqualified in accordance with their written qualification program. Specifically, Kiantone was unable\n\n\n\nCPF 1-2017-5022W\nto demonstrate that pump house personnel at the United Refinery Facility, located in Warren, PA;\nwere qualified to perform covered tasks related to the pipeline and tank farm operations and\nmaintenance that they conducted prior to 2017.\nDuring a public inquiry investigation conducted by PHMSA on April 4-5, 2017, PHMSA reviewed\nOperator Qualification records specific to pump house operations.\n1. The records showed that qualification of pump house personnel was done in 2017.\nKiantone did not have records to show that any pump house personnel were qualified prior\nto 2017.\n2. Kiantone personnel stated that:\na. In the past, pump house personnel were not included under the Operator\nQualification Program even though they performed covered tasks on the pipeline\nand tank farm facilities. They also agreed that certain individuals should have been\nincluded based on the pipeline and tank farm operation and maintenance tasks they\nperform.\nb. Appropriate pump house personnel were included in the program starting in 2017.\nc. “In an effort to align with similar industry programs nationwide, Kiantone Pipeline\nhas been transitioning since June 2016 from its original OQ program to a new OQ\nprogram developed by Veriforce. The transitional period for qualification has been\nongoing and is nearing completion. All pump house operators and operator\nsubstitute personnel have finished the necessary training and most have completed\ntheir final interview/evaluation. If, while final interviews/evaluations are pending,\nany required OQ task(s) need to be performed by an operator awaiting final\nevaluation, the task(s) will be executed under the direct supervision of the OQ\nqualified supervisor.”\nAs of April 27, 2017, under 49 U.S.C. §60122 and 49 CFR §190.223, you are subject to a civil\npenalty not to exceed $209,002 per violation per day the violation persists up to a maximum of\n$2,090,022 for a related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement action\nor penalty assessment proceedings at this time. We advise you to correct the item(s) identified in\nthis letter. Failure to do so will result in Kiantone Pipeline Corporation being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Robert Burrough, Acting Director, PHMSA Eastern Region, 820 Bear Tavern Road,\nSuite 103, West Trenton, NJ 08628. Please refer to CPF 1- 2017-5022W on each document you\nsubmit, and whenever possible provide a signed PDF copy in electronic format. Smaller files may\nbe emailed to robert.burrough@dot.gov. Larger files should be sent on a CD accompanied by the\noriginal paper copy to the Eastern Region Office.\n120175022W_Warning Letter_06282017_text Page 2 of 3\n\n\n\nCPF 1-2017-5022W\nBe advised that all material you submit in response to this enforcement action is subject to being\nmade 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\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nSincerely,\nRobert Burrough\nActing Director, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120175022W_Warning Letter_06282017_text Page 3 of 3","truncated":false,"body_characters":5673}