{"operation":"document","citation":"CPF 120185028M","title":"PORTLAND PIPE LINE CORPORATION — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-09-13","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185028m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185028m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185028m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120185028M","body":"Notice of Amendment involving PORTLAND PIPE LINE CORPORATION. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(3). The case was opened on 2018-09-13 and is reported as closed as of 2018-10-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120185028M_Closure Letter_10182018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185028M/120185028M_Closure%20Letter_10182018.pdf\n\n120185028M_Closure Letter_10182018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185028M/120185028M_Closure%20Letter_10182018_text.pdf\n\n120185028M_Notice of Amendment_09132018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185028M/120185028M_Notice%20of%20Amendment_09132018.pdf\n\n120185028M_Notice of Amendment_09132018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185028M/120185028M_Notice%20of%20Amendment_09132018_text.pdf\n\n120185028M_Operator Response to Notice and Request for Hearing_10122018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185028M/120185028M_Operator%20Response%20to%20Notice%20and%20Request%20for%20Hearing_10122018.pdf\n\n120185028M_Closure Letter_10182018_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nOctober 18, 2018\nMr. Thomas Hardison\nPresident\nPortland Pipe Line Corporation\n30 Hill Street\nSouth Portland, ME 04106\nCPF 1-2018-5028M\nDear Mr. Hardison:\nFrom August 6-10, 2018, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code, inspected\nPortland Pipe Line Corporation’s (Portland) procedures for operations and maintenance in\nSouth Portland, ME.\nAs a result of the inspection, Portland was issued a Notice of Amendment (NOA) dated\nSeptember 13, 2018. Portland submitted its amended procedures on October 12, 2018. My staff\nreviewed the amended procedures, and it appears that the inadequacies outlined in this Notice of\nAmendment have been corrected.\nThis letter is to inform you that no further action is necessary, and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n120185028M_Notice of Amendment_09132018_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nSeptember 13, 2018\nMr. Thomas Hardison\nPresident\nPortland Pipe Line Corporation\n30 Hill Street\nSouth Portland, ME 04106\nCPF 1-2018-5028M\nDear Mr. Hardison:\nFrom August 6-10, 2018, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code, inspected Portland\nPipe Line Corporation’s (Portland) procedures for operations and maintenance in South Portland,\nME.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nPortland’s plans or procedures, as described below:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n…\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.\nPortland’s written procedures for conducting normal operations and maintenance activities and\nhandling abnormal operations and emergencies for each pipeline system were inadequate.\nSpecifically, Portland’s procedures failed to include sufficient guidance for corrosion control\nsupervisors to maintain thorough knowledge of that portion of the corrosion control procedures\nfor which they are responsible, per the requirements of § 195.555.\n\n\n\nCPF 1-2018-5028M\nSection 195.555 states:\n“You must require and verify that supervisors maintain a thorough knowledge of that portion of\nthe corrosion control procedures established under §195.402(c)(3) for which they are responsible\nfor insuring compliance.”\nDuring the inspection, the PHMSA inspector reviewed Portland’s Operations and Maintenance\nProcedures Section 6.5.2.4- Mainlines, dated 08-2018 (Procedure). The Procedure states, “The\nCorrosion Specialist gathers the data required to technically administer the corrosion mitigation\nprogram…”\nThe Procedure did not include adequate details on the following:\n• Defining the corrosion control supervisor role\n• Corrosion control supervisor training\n• Corrosion control supervisor knowledge verification\n• Corrosion control training documentation\nDuring the inspection, the PHMSA inspector asked Portland where the applicable information was\ndocumented. Portland stated, corrosion control supervisors are NACE level 2 certified and the\nrecords are documented on the job responsibility statements. However, these records are not\nrequired or incorporated into Portland’s Procedure.\nTherefore, Portland failed to include a process in its corrosion control procedures to require and\nverify that supervisors maintain a thorough knowledge of that portion of the corrosion control\nprocedures for which they are responsible, per the requirements of § 195.555.\n2. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n…\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.\nPortland’s written procedures for conducting normal operations and maintenance activities and\nhandling abnormal operations and emergencies were inadequate. Specifically, Portland’s\nprocedures for atmospheric corrosion monitoring were inadequate as they lack sufficient details\nfor inspecting each pipeline or portion of pipeline exposed to the atmosphere as required by\n§ 195.583.\nDuring the inspection, the PHMSA inspector reviewed Portland’s Operations and Maintenance\nProcedures Section 6.5.4.1.1, dated 08/2018 (Procedure) and Prevention of Atmospheric\nCorrosion form (Record).\nThe Procedure stated, “The adequacy of the corrosion control measures for the pipeline is\ndetermined in accordance with the procedures in Section 6.5.4.1.1.a of this manual.\n120185028M_Notice of Amendment_09132018_text Page 2 of 4\n\n\n\nCPF 1-2018-5028M\nDocumentation of the inspection of the pipeline will include recording the condition of the pipeline\ncoating and pipeline surface, any repairs required for the coating, and expected timing for coating\nrepairs. If the pipeline coating is intact and the pipeline surface does not have indications of\natmospheric corrosion the inspection documentation will note no corrosion and no repairs needed.”\nThe Procedure and associated Record form did not include adequate details related to atmospheric\ncorrosion monitoring, including, but not limited to, the following:\n• How pipe is inspected for atmospheric corrosion at soil-to-air interfaces, under thermal\ninsulation, under disbonded coatings, at pipe supports, in splash zones, at deck\npenetrations, and in spans over water\n• An atmospheric corrosion grading scale or established criteria for inspection\n• How significant atmospheric corrosion is evaluated for remaining strength of pipe\n• What documentation is required on the associated Record, including where to record the\ncoating and/or corrosion conditions or grades\nDuring the inspection, the PHMSA inspector asked Portland where the applicable information was\ndocumented. Portland stated, there is no grading requirement or scale per Procedure and any\natmospheric corrosion deficiencies are noted in the comments section of the form (Record).\nHowever, the Procedures do not require any documentation of these results.\nTherefore, Portland failed to prepare adequate atmospheric corrosion monitoring procedures, per\nthe requirements of § 195.402(c)(3).\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 30 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.\n120185028M_Notice of Amendment_09132018_text Page 3 of 4\n\n\n\nCPF 1-2018-5028M\nIt is requested (not mandated) that Portland Pipe Line Corporation maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Robert Burrough, Director,\nPHMSA Eastern Region, 820 Bear Tavern Road, Suite 103, West Trenton, NJ 08628. Please refer\nto CPF 1- 2018-5028M on each document you submit, and whenever possible provide a signed\nPDF copy in electronic format. Smaller files may be emailed to robert.burrough@dot.gov. Larger\nfiles should be sent on a CD accompanied 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\n120185028M_Notice of Amendment_09132018_text Page 4 of 4","truncated":false,"body_characters":10893}