{"operation":"document","citation":"CPF 120185020W","title":"COLONIAL PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-09-13","effective_on":null,"summary":"CLOSED warning letter citing 195.430(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185020w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185020w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185020w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120185020W","body":"Warning Letter involving COLONIAL PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 195.430(a). The case was opened on 2018-09-13 and is reported as closed as of 2018-09-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120185020W_Warning Letter_09132018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185020W/120185020W_Warning%20Letter_09132018.pdf\n\n120185020W_Warning Letter_09132018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185020W/120185020W_Warning%20Letter_09132018_text.pdf\n\n120185020W_Warning Letter_09132018_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nSeptember 13, 2018\nJoseph A. Blount, Jr.\nPresident and Chief Executive Officer\nColonial Pipeline Company\n1185 Sanctuary Parkway, Suite 100\nAlpharetta, GA 30009\nCPF 1-2018-5020W\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) Dorsey Junction facility\nin Woodbine, Maryland.\nAs a result of the inspection, it is alleged that Colonial has committed probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. § 195.430 Firefighting Equipment.\nEach operator shall maintain adequate firefighting equipment at each pump station\nand breakout tank area. The equipment must be—\n(a) In proper operating condition at all times;\nColonial did not maintain its firefighting equipment in proper operating condition at all times at\nthe breakout tank area in Dorsey Junction facility.\nAccording to Colonial’s Fire Prevention & Response Plan Dorsey Junction 2/1/2014 (FPRP), on\npage 11, under section D. Site Features & On-site Resources, “Dorsey Junction’s current fire\nprotection system consists of an underground firewater piping system terminating in hydrants\nthroughout the tank area.” At the time of the inspection, Colonial did not have records to\ndemonstrate that it maintained its fire protection system for the last 10 years. In addition, Colonial\n\n\n\nCPF 1-2018-5020W\nstated that the underground firewater piping had deteriorated and would not be able to transport\nwater to the breakout tank area to fight an incipient fire. Colonial had no other firefighting\nequipment at the breakout tank area. Furthermore, Colonial had a fire pump that drafted water\nfrom a pond, and which was connected to the underground firewater piping, but was no longer\noperable since 2012.\nNevertheless, Colonial had a documented plan with local emergency response agencies and\ncontracted firefighting firms to provide expertise, equipment, tools, and materials to control and\nextinguish non-incipient fires, in the FPRP. However, Colonial indicated that the local fire\ndepartment determined that it needed a hose to reach the tank area from the pond in 2015.\nBased on the foregoing information, Colonial could not ensure that it had firefighting equipment,\nin proper operating condition at all times, to fight all types of fires at its breakout tank area in\naccordance with § 195.430(a).\nColonial informed the PHMSA inspector that it anticipates having a fire protection system installed\nand operational in late 2018.\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 item 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 1-2018-5020W 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\n120185020W_Warning Letter_09132018_text\nPage 2 of 2","truncated":false,"body_characters":5363}