{"operation":"document","citation":"CPF 120205002W","title":"IMTT-PIPELINE — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-03-20","effective_on":null,"summary":"CLOSED warning letter citing 195.420(a), 195.505(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120205002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120205002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120205002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120205002W","body":"Warning Letter involving IMTT-PIPELINE. PHMSA's enforcement data identifies the cited regulations as 195.420(a),  195.505(b). The case was opened on 2020-03-20 and is reported as closed as of 2020-03-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120205002W_Warning Letter_03202020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120205002W/120205002W_Warning%20Letter_03202020.pdf\n\n120205002W_Warning Letter_03202020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120205002W/120205002W_Warning%20Letter_03202020_text.pdf\n\n120205002W_Warning Letter_03202020_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nMarch 20, 2020\nMr. Richard D. Courtney\nChief Executive Officer\nIMTT - Pipeline\n321 St. Charles Ave\nNew Orleans, LA 70130\nCPF 1-2020-5002W\nDear Mr. Courtney:\nFrom June 18-22, 2018 and July 7-11, 2018, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) performed an integrated inspection on IMTT - Pipeline’s (IMTT) facilities in Linden and\nBayonne, New Jersey.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 195.420 Valve maintenance.\n(a) Each operator shall maintain each valve that is necessary for the\nsafe operation of its pipeline systems in good working order at all times.\nIMTT failed to maintain each valve necessary for the safe operation of its pipeline system in good\nworking order at all times.\nDuring the field inspection, the valve handle for the Newark Bay valve was observed to not be\ninstalled on the valve stem. Upon inquiry, IMTT indicated that because of vandalism, the wheel\nof the valve was now carried in the right-of-way (ROW) truck. Thus, the valve was not operable\nat all times, but only when the correct ROW truck was available and present at the valve site. This\nvalve is a manually operated valve with no remote operation capability.\n\n\n\nCPF 1-2020-5002W\nSubsequent to the inspection, IMTT provided evidence that the valve operability was remedied by\nreinstalling the valve wheel and securing it to the valve to prevent tampering.\nTherefore, IMTT failed to maintain its Newark Bay valve in good working order at all times.\n2. § 195.505 Qualification program.\nEach operator shall have and follow a written qualification\nprogram. The program shall include provisions to:\n(a) …\n(b) Ensure through evaluation that individuals performing covered\ntasks are qualified;\nIMTT failed to ensure through evaluation that individuals performing covered tasks were qualified.\nSpecifically, IMTT failed to evaluate an individual performing rectifier inspections on its pipeline\nsystem during 2017.\nDuring the inspection, records of rectifier readings throughout IMTT’s pipeline system were\nreviewed. In addition, the Operator Qualification records for the individuals performing the\nreadings were also requested and reviewed. Based on a review of these records, it was identified\nthat an individual performing monthly rectifier readings throughout 2017 had not been evaluated\nand determined to be qualified to perform this covered task in accordance with Subpart G of Part\n195. Performing rectifier readings is a covered task as it meets the four-part test defined in\n§ 195.501(b).\nTherefore, IMTT failed to ensure through evaluation that individuals performing covered tasks\nwere qualified regarding the task of rectifier readings.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related\nseries of violations. For violation occurring on or after November 27, 2018 and before July 31,\n2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum\npenalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before\nNovember 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a\nmaximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015,\nthe maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 for a related series of violations. We have reviewed the circumstances\nand supporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitem(s) identified in this letter. Failure to do so will result in IMTT - Pipeline being subject to\nadditional enforcement action.\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\n120205002W_Warning Letter_03202020_text Page 2 of 3\n\n\n\nCPF 1-2020-5002W\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, 840 Bear Tavern Road, Suite 300,\nWest Trenton, NJ 08628. Please refer to CPF 1-2020-5002W 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 USB flash drive accompanied by the\noriginal paper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120205002W_Warning Letter_03202020_text Page 3 of 3","truncated":false,"body_characters":6071}