{"operation":"document","citation":"CPF 120185019W","title":"COLONIAL PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-04-17","effective_on":null,"summary":"CLOSED warning letter citing 195.432(b), 195.440(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185019w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185019w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185019w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120185019W","body":"Warning Letter involving COLONIAL PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.432(b),  195.440(a). The case was opened on 2018-04-17 and is reported as closed as of 2018-04-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120185019W_Warning Letter_04172018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185019W/120185019W_Warning%20Letter_04172018.pdf\n\n120185019W_Warning Letter_04172018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185019W/120185019W_Warning%20Letter_04172018_text.pdf\n\n120185019W_Warning Letter_04172018_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nApril 17, 2018\nJoseph A. Blount Jr.\nPresident and CEO\nColonial Pipeline Company\n1185 Sanctuary Parkway\nSuite 100\nAlpharetta, GA 30009\nCPF 1-2018-5019W\nDear Mr. Blount:\nFrom June 20 to 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, Public Awareness Program, pipeline facilities and records in Woodbine,\nMaryland.\nAs a result of the inspection, it is alleged that you have committed a probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. §195.432 Inspection of in-service breakout tanks.\n(a) …\n(b) Each operator must inspect the physical integrity of in-service atmospheric and\nlow-pressure steel above-ground breakout tanks according to API Std 653 (except\nsection 6.4.3, Alternative Internal Inspection Interval) (incorporated by reference, see\n§195.3). However, if structural conditions prevent access to the tank bottom, its\nintegrity may be assessed according to a plan included in the operations and\nmaintenance manual under §195.402(c)(3). The risk-based internal inspection\nprocedures in API Std 653, section 6.4.3 cannot be used to determine the internal\ninspection interval.\n\n\n\nCPF 1-2018-5019W\nColonial failed to inspect the physical integrity of in-service atmospheric and low-pressure steel\nabove-ground breakout tank in accordance with American Petroleum Institute (API) Standard\n(Std) 653 (incorporated by reference, see §195.3). Specifically, Colonial did not conduct a routine\nin-service inspection of its breakout tank, Tank 1070, at Dorsey Junction facility within the one-\nmonth interval requirement stated under Section 6 of API Std 653.\nAccording to API Std 653, Section 6.3 Inspection from the Outside of the Tank, Subsection 6.3.1.2\nRoutine In-service inspection, “[t]he interval of such inspections shall be consistent with\nconditions at the particular site, but shall not exceed one month (emphasis added).”\nAt the time of the inspection, Colonial recorded its routine in-service tank inspection on a form\ntitled Monthly DOT Breakout Tank Inspection Checklist Form #3345. The PHMSA inspector\nreviewed Colonial’s records for routine in-service tank inspections from January 2015 through\nMay 2017. Based on the review, the PHMSA inspector noted that Colonial inspected Tank 1070\non November 20, 2015, and then on January 29, 2016. Colonial could not provide a record that\ndemonstrated it inspected Tank 1070 in December 2015. Thus, Colonial’s routine in-service\ninspections of Tank 1070 from November 20, 2015 to January 29, 2016 exceeded the one-month\ninterval.\nTherefore, Colonial failed to inspect its breakout tank, Tank 1070, in accordance with API Std 653\nas prescribed in §195.432(b).\n2. §195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see\n§195.3).\nColonial failed to implement its written continuing public education program as provided in the\nAmerican Petroleum Institute's (API) Recommended Practice (RP) 1162 (incorporated by\nreference, see §195.3). Specifically, Colonial did not complete its records in accordance with its\nPublic Awareness Program Manual, Effective Date: 11/18/2014, Appendix III, Emergency\nResponder Liaison Program Guidelines (2014 PAP).\nAccording to Colonial’s 2014 PAP, “Colonial has recognized a need to enhance its partnership\nwith emergency responders.” Colonial described its emergency responder liaison program in the\n2014 PAP. During the inspection, the Colonial provided its October 7, 2015 liaison meeting\nrecords, which included Emergency Responder Liaison Checklist, Follow up / Notes, and\nEmergency Response Meeting. The PHMSA inspector reviewed the aforementioned liaison\nmeeting records along with the applicable 2014 PAP and noted the following:\na) On page 30 of the 2014 PAP stated in part: “The following information is collected at each\nmeeting:… Emergency Responder Liaison Checklist Form…” The Emergency Responder\nLiaison Checklist had x’s marked next to each item listed rather than one of the three\noptions (Y/N/NA) instructed on the form.\nb) On page 29 under the section titled Liaison Meeting Content of the 2014 PAP it stated in\npart: “When possible, Colonial initiates an emergency scenario discussion to evaluate how\n120185019W_Warning Letter_04172018_text Page 2 of 3\n\n\n\nCPF 1-2018-5019W\nthe county and Colonial will interact during a pipeline incident. . . The presentation and/or\nscenario discussion includes the following points:… Any gaps/issues identified in\nresponding to a pipeline emergency.…” In the Emergency Response Meeting under the\n“IMMEDIATE ACTIONS” for Winfield Community VFD in the “SCENARIO INITIAL\nACTION” was incomplete. And the “SCENARIO DESCRIPTION” was vague – there was\nnot enough information available in the record to understand what the scenario entailed\nand if there were gaps or issues in responding to an emergency.\nTherefore, Colonial failed to implement its 2014 PAP as prescribed in §195.440(a).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$209,002 per violation per day the violation persists, up to a maximum of $2,090,022 for a related\nseries of violations. For violations occurring prior to November 2, 2015, the maximum penalty\nmay not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000\nfor a related series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the items identified in this letter.\nFailure to do so will result in Colonial being subject to additional enforcement action.\nPlease be advised that all material you submit in response to this enforcement action is subject to\nbeing made publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide 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).\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Robert Burrough, Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103,\nWest Trenton, NJ 08628. Please refer to CPF 1-2018-5019W on each document you submit, and\nwhenever possible provide a signed PDF copy in electronic format. Smaller files may be emailed\nto robert.burrough@dot.gov. Larger files should be sent on a CD accompanied by the original\npaper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120185019W_Warning Letter_04172018_text Page 3 of 3","truncated":false,"body_characters":8052}