{"operation":"document","citation":"CPF 120185018M","title":"COLONIAL PIPELINE CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-04-17","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(a), 195.402(c)(3), 195.402(e)(7), 195.440(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185018m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185018m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185018m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120185018M","body":"Notice of Amendment involving COLONIAL PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(c)(3),  195.402(e)(7),  195.440(b). The case was opened on 2018-04-17 and is reported as closed as of 2018-07-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120185018M_Closure letter_07122018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185018M/120185018M_Closure%20letter_07122018.pdf\n\n120185018M_Closure letter_07122018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185018M/120185018M_Closure%20letter_07122018_text.pdf\n\n120185018M_Notice of Amendment_04172018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185018M/120185018M_Notice%20of%20Amendment_04172018.pdf\n\n120185018M_Notice of Amendment_04172018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185018M/120185018M_Notice%20of%20Amendment_04172018_text.pdf\n\n120185018M_Operator Response To Notice_05182018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185018M/120185018M_Operator%20Response%20To%20Notice_05182018.pdf\n\n120185018M_Notice of Amendment_04172018_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nApril 17, 2018\nJoseph A. Blount Jr.\nPresident and CEO\nColonial Pipeline Company\n1185 Sanctuary Parkway\nSuite 100\nAtlanta, GA 30009\nCPF 1-2018-5018M\nDear Mr. Blount:\nFrom June 20–22, 2017, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS) pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.) inspected Colonial Pipeline Company’s (Colonial) Operations, Maintenance,\nand Emergencies Manual and Public Awareness Program in Woodbine, Maryland.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nColonial’s plans or procedures, as described below:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies…\n(e) Emergencies. The manual required by paragraph (a) of this section must include\nprocedures for the following to provide safety when an emergency condition\noccurs: …\n(7) Notifying fire, police, and other appropriate public officials of hazardous liquid or\ncarbon dioxide pipeline emergencies and coordinating with them preplanned and\nactual responses during an emergency, including additional precautions necessary\nfor an emergency involving a pipeline system transporting a highly volatile liquid.\nColonial’s procedure for notifying fire, police, and other appropriate public officials of hazardous\n\n\n\nCPF 1-2018-5018M\nliquid or carbon dioxide pipeline emergencies and coordinating with them preplanned and actual\nresponses during an emergency was inadequate.\nDuring the inspection, Colonial presented Appendix C: Tank Fire Emergency Checklist (Checklist)\nof Fire Prevention & Response Plan Dorsey Junction, February 1, 2014, Issue No.2 (FPRP) as its\nprocedure for coordinating with fire, police, and other public officials preplanned responses for an\nemergency at Dorsey Junction facility. On page 17, under C. Discussion Points During Incident\nCommand Meeting with Emergency Responders of the Checklist stated, in part: “The following\nissues should be discussed with the Emergency Responders prior to an actual incident. However,\nas each incident is unique and actual conditions will not be known prior, all parties should be\nprepared to discuss these during an event: …” The Checklist did not contain sufficient instructions\non coordinating preplanning emergencies with fire, police, and other public officials. For instance,\nthe Checklist did not address (1) how often Colonial would meet with fire, police, and other public\nofficials to coordinate preplanning emergencies, (2) who would be responsible for conducting the\ndiscussions, (3) documenting the discussions and decisions, and (4) how and when Colonial would\ncommunicate the decisions to the fire, police, and other public officials.\nTherefore, Colonial’s FPRP was inadequate as prescribed in §195.402(e)(7).\n2. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies…\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following to provide safety during\nmaintenance and normal operations: …\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\nColonial’s procedure for operating, maintaining and repairing the pipeline system in accordance\nwith each of the requirements of Subpart F and Subpart H of Part 195 was inadequate. Specifically,\nColonial’s DOT Reference Guide, Procedure for Monthly Tank Inspection Checklist, Form #3345,\nRevised 1/26/2015, Effective 2/10/2015 (Procedure) did not contain sufficient guidance on\ninspecting for corrosion and condition of paint coating on a breakout tank during routine in-service\ninspection as required by §195.432(b).\nPursuant to §195.432(b), an operator must inspect the physical integrity of in-service atmospheric\nand low-pressure steel above-ground breakout tanks according to American Petroleum Institute\n(API) Standard (Std) 653 (incorporated by reference, see §195.3). API Std 653, Subsection 6.3.1.3\nstates: “this routine in-service inspection shall include a visual inspection of the tank’s exterior\nsurfaces. Evidence of…corrosion… and condition of paint coatings… should be documented for\nfollow-up action by an authorized inspector.”\nDuring the inspection, the PHMSA inspector reviewed Colonial’s Procedure. On page 2 of the\nProcedure in stated: “5. Inspect tank exterior for signs of paint coating failure and any subsequent\ncorrosion. Colonial tanks were constructed with extra thick steel to allow for some corrosion. Paint\nfailure is most likely not a reason for concern, but, should be noted and addressed when the\n120185018M_Notice of Amendment_04172018_text Page 2 of 4\n\n\n\nCPF 1-2018-5018M\ncondition is too bad. Colonial performs a thorough three-year inspection of tank coatings with\nqualified experts (emphasis added).” First, the Procedure did not explain the term “some\ncorrosion.” Second, the Procedure did not provide guidance for determining “when the condition\n[of paint failure] is too bad.” Finally, the Procedure did not include a written criteria to measure\nthe severity of paint coating condition or corrosion that are necessary for follow-up actions in\naccordance with Subsection 6.3.1.3 of API Std 653.\nTherefore, Colonial’s Procedure was inadequate for inspecting in-service breakout tanks in\naccordance with §195.432(b), as prescribed in §195.402(c)(3).\n3. §195.440 Public awareness.\n(a) …\n(b) The operator’s program must follow the general program recommendations of\nAPI RP 1162 and assess the unique attributes and characteristics of the operator’s\npipeline and facilities.\nColonial’s written continuing public education program did not adequately follow the general\nprogram recommendations of American Petroleum Institute’s (API) Recommended Practice (RP)\n1162 (incorporated by reference, see §195.3) and assess the unique attributes and characteristics\nof its pipeline and facilities. Specifically, Colonial’s Public Awareness Program Manual, Effective\nDate: 11/18/2016, Appendix III, Emergency Responder Liaison Program Guidelines (2016 PAP)\ndid not have a detailed process for establishing a liaison with emergency responders as described\nunder API RP 1162 Sections 2 Public Awareness Program Development and Section 4 Message\nContent.\nAPI RP 1162, Subsection 2.8 Summary of Program Recommendations states in part:\nGuidance is also provided to assist the operators in determining if supplemental\nefforts affecting the frequency or method of message delivery and/or message\ncontent are called for, by evaluating the effectiveness of the program and the\nspecifics of the pipeline segment or environment… Further information of\nstakeholder audiences… message types (section 4) ….\nAPI RP 1162, Subsection 4.4.4 Emergency Preparedness – Drills and Exercises states:\nA supplemental means of two-way communication about emergency\npreparedness is to establish a liaison with emergency response officials through\noperator or joint emergency response drills, exercise or deployment practices.\nInformation on ‘unified command system’ roles, operating procedures and\npreparedness for various emergency scenarios can be communicated effectively\nand thoroughly through a hands-on drill or exercise.\nAccording to Colonial’s 2016 PAP, “Colonial has recognized a need to enhance its partnership\nwith emergency responders.” The 2016 PAP described Colonial’s emergency responder liaison\nprogram. On page 27 of the 2016 PAP, it stated, “Colonial has established a three-year rolling\nschedule for county-specific ER liaison meetings (emphasis added).” The 2016 PAP indicated that\nColonial’s liaison meeting included an emergency scenario discussion to evaluate how the county\nand it would interact during a pipeline incident “whenever possible.” The words “whenever\npossible” did not provide a definitive timeframe. Therefore, it is unclear if the emergency scenario\n120185018M_Notice of Amendment_04172018_text Page 3 of 4\n\n\n\nCPF 1-2018-5018M\ndiscussions were required to occur every three years. In addition, the 2016 PAP did not mention\nwho conducted the emergency scenario discussions and documentation of the emergency scenario\ndiscussions.\nTherefore, Colonial’s 2016 PAP was inadequate as prescribed in § 195.440(b)\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings. Please refer to this document and note the response options. 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).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 60 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that Colonial maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Robert Burrough, Director, PHMSA Eastern Region, 820 Bear\nTavern Road, Suite 103, West Trenton, NJ 08628. Please refer to CPF 1-2018-5018M on each\ndocument you submit, and whenever possible provide a signed PDF copy in electronic format.\nSmaller files may be emailed to robert.burrough@dot.gov. Larger files should be sent on a CD\naccompanied by the original paper copy to the Eastern Region Office.\nAdditionally, if you choose to respond to this (or any other case), please ensure that any response\nletter pertains solely to one CPF case number.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n120185018M_Notice of Amendment_04172018_text Page 4 of 4\n\n120185018M_Closure letter_07122018_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nJuly 12, 2018\nJoseph A. Blount, Jr.\nPresident and CEO\nColonial Pipeline Company\n1185 Sanctuary Parkway\nSuite 100\nAlpharetta, GA 30009\nCPF 1-2018-5018M\nDear Mr. Blount:\nFrom June 20 to 22, 2017, a representative from the Pipeline and Hazardous Materials Safety\nAdministration, Office of Pipeline Saftey pursuant to Chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of Colonial Pipeline Company’s (Colonial)\nprocedures in Woodbine, Maryland. As a result of the inspection, Colonial was issued a Notice of\nAmendment (NOA) on April 17, 2018, which proposed amendment of its procedures.\nColonial submitted its amended procedures on May 18, 2018. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this NOA have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":13872}