{"operation":"document","citation":"CPF 12021062WL","title":"COLLINS PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-10-14","effective_on":null,"summary":"CLOSED warning letter citing 195.446(a), 195.446(c)(1), 195.446(h)(5), 195.446(h)(6), 195.446(j)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021062wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021062wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021062wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12021062WL","body":"Warning Letter involving COLLINS PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.446(a),  195.446(c)(1),  195.446(h)(5),  195.446(h)(6),  195.446(j)(1). The case was opened on 2021-10-14 and is reported as closed as of 2021-10-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12021062WL_Warning Letter_10142021_(20-177909).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021062WL/12021062WL_Warning%20Letter_10142021_(20-177909).pdf\n\n12021062WL_Warning Letter_10142021_(20-177909)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021062WL/12021062WL_Warning%20Letter_10142021_(20-177909)_text.pdf\n\n12021062WL_Warning Letter_10142021_(20-177909)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nOctober 14, 2021\nMr. James Fedena\nVP Sr, Logistics\nCollins Pipeline Co\n4550 Wrangle Hill Rd\nDelaware City, DE 19706\nCPF 1-2021-062-WL\nDear Mr. Fedena:\nFrom April 13th to April 17th, 2020 representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nCollins Pipeline Co’s (Collins) facilities that are operated and controlled from PBF Energy’s\nControl Room in The Woodlands, Texas.\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. § 195.446 Control room Management\n(a) General. This section applies to each operator of a pipeline\nfacility with a controller working in a control room who monitors and\ncontrols all or part of a pipeline facility through a SCADA system. Each\noperator must have and follow written control room management\nprocedures that implement the requirements of this section. The\nprocedures required by this section must be integrated, as appropriate,\nwith the operator's written procedures required by § 195.402. An\noperator must develop the procedures no later than August 1, 2011, and\nmust implement the procedures according to the following schedule.\nThe procedures required by paragraphs (b), (c)(5), (d)(2) and (d)(3), (f)\nand (g) of this section must be implemented no later than October 1,\n2011. The procedures required by paragraphs (c)(1) through (4), (d)(1),\n(d)(4), and (e) must be implemented no later than August 1, 2012. The\ntraining procedures required by paragraph (h) must be implemented\n\n\n\nCPF 1-2021-062-WL\nno later than August 1, 2012, except that any training required by\nanother paragraph of this section must be implemented no later than\nthe deadline for that paragraph.\nCollins failed to follow its CRM procedures. Specifically, Collins failed to follow its (the) PBF\nLogistics Pipeline Control Center, Control Room Management Plan, Revision No.4, Issued Date\n5/5/2017, Section F3.0 INFORMATION TO EXCHANGE, sub-paragraphs F and G (Info\nExchange Procedure), regarding information exchange during a controller handover.\nThe Info Exchange Procedure required that the outgoing controller exchange several items of\ninformation with the incoming controller. This information included at least alarm reviews and\nthird-party incidents potentially impacting operations. The items to be reviewed include active\nalarms, inhibited/shelved alarms, nuisance alarms, maintenance overrides/manually inserted\nvalues and alarm limit changes.\nOn April 14, 2020, a controller handover was observed by the PHMSA inspectors. While the\nhandover was observed, there was no discussion of alarms and third-party activity as required by\nthe CRM Plan.\nTherefore, Collins failed to follow the requirements of its Info Exchange Procedure.\n2. § 195.446 Control room management.\n(a) …\n(c) Provide adequate information. Each operator must provide its\ncontrollers with the information, tools, processes, and procedures\nnecessary for the controllers to carry out the roles and responsibilities\nthe operator has defined by performing each of the following:\n(1) Implement API RP 1165 (incorporated by reference, see 195.3)\nwhenever a SCADA system is added, expanded, or replaced, unless the\noperator demonstrates that certain provisions of API RP 1165 are not\npractical for the SCADA system used;\nCollins failed to implement API RP 1165 on its SCADA system. Specifically, Collins failed to\nimplement Section 5.3 of API RP 1165 regarding periodic review of display response times.\nSection 5.3 of API RP 1165 states in part (emphasis added), “Display sub-system response is a\nfunction of both hardware performance and software design. In modern SCADA systems that use\nclient server architecture, both the host (server) and HMI computer (client) can affect the initial\ndisplay call-up time and data refresh rate. Once installed, display response times should be\nperiodically reviewed.”\nDuring the inspection, the inspectors requested records demonstrating that display response times\nhad been periodically reviewed and were within Collins’ design requirements. Collins failed to\nprovide any records or data pertinent to this request.\nTherefore, Collins failed to comply with § 195.446(c)(1).\n12021062WL_Warning Letter_10142021_(20-177909)_text Page 2 of 5\n\n\n\nCPF 1-2021-062-WL\n3. § 195.446 Control room management.\n(a) …\n(h) Training. Each operator must establish a controller training\nprogram and review the training program content to identify potential\nimprovements at least once each calendar year, but at intervals not to\nexceed 15 months. An operator’s program must provide for training\neach controller to carry out the roles and responsibilities defined by the\noperator. In addition, the training program must include the following\nelements:\n(5) For pipeline operating setups that are periodically, but\ninfrequently used, providing an opportunity for controllers to review\nrelevant procedures in advance of their application:\nCollins’ training program failed to provide opportunities for controllers to review relevant\nprocedures in advance of the application of pipeline operating setups that are periodically, but\ninfrequently used.\nDuring the inspection, PHMSA inspectors asked Collins to provide records showing that\ncontrollers are provided an opportunity to review operational setups that are used at greater than\nquarterly intervals before implementation. Collins had no records to show that a process had been\nimplemented to accomplish this requirement. No records were available to substantiate this as an\naspect of its training program.\nTherefore, Collins failed to meet the requirements of § 195.446(h)(5).\n4. § 195.446 Control room management.\n(a) …\n(h) Training. Each operator must establish a controller training\nprogram and review the training program content to identify potential\nimprovements at least once each calendar year, but at intervals not to\nexceed 15 months. An operator’s program must provide for training\neach controller to carry out the roles and responsibilities defined by the\noperator. In addition, the training program must include the following\nelements:\n(6) Control room team training and exercises that include both\ncontrollers and other individuals, defined by the operator, who would\nreasonably be expected to operationally collaborate with controllers\n(control room personnel) during normal, abnormal or emergency\nsituations. Operators must comply with team training requirements\nunder this paragraph no later than January 23, 2018.\nCollins failed to provide team training which included individuals other than controllers who\nwould reasonably be expected to operationally collaborate with controllers during normal,\nabnormal or emergency situations.\n12021062WL_Warning Letter_10142021_(20-177909)_text Page 3 of 5\n\n\n\nCPF 1-2021-062-WL\nDuring the inspection, the PHMSA inspectors requested records showing that Collins had\nconducted team training before the deadline required by the regulations. The records provided\ndemonstrated that a tabletop LDS training was conducted on 2/13/2019. However, the attendance\nlist included only control room personnel. The records did not conclusively establish that the\noperator conducted team training of both controllers and other individuals who would reasonably\nbe expected to operationally collaborate with control room personnel. An invitation for Team\nTraining was sent to Controllers and others on 7/17/2019 but no records were submitted to\nestablish that Team training actually took place.\nTherefore, Collins failed to comply with the requirements of § 195.446(h)(6).\n5. § 195.446 Control room management.\n(a) …\n(j) Compliance and deviations. An operator must maintain for\nreview during inspection:\n(1) Records that demonstrate compliance with the requirements of\nthis section;\nCollins failed to maintain records demonstrating compliance with the requirements of\n§ 195.446(h)(1).\nSection 195.446(h)(1) requires that operators establish a controller training program which\naddresses how controllers are to respond to abnormal operating conditions likely to occur\nsimultaneously or in sequence.\nDuring the inspection, PHMSA inspectors requested records demonstrating that the controller\ntraining included elements related to abnormal operating conditions that are likely to occur\nsimultaneously or in sequence. Although the Operator’s CRM Plan Section T1.4 Program\nDescription requires providing training addressing this topic, there was no record of actual training\ncovering this specific condition. While operating instructions do define abnormal operations, this\nwas not currently identified as a training record for abnormal operations occurring simultaneous\nor in sequence. Thus, no records were available to substantiate actual implementation of this\naspect of the training program.\nTherefore, Collins failed to maintain records demonstrating compliance with the requirements of\n§ 195.446(h)(1), as required by § 195.446(j)(1).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a related\nseries of violations. For violation occurring on or after January 11, 2021 and before May 3, 2021,\nthe maximum penalty may not exceed $222,504 per violation per day the violation persists, up to\na maximum of $2,225,034 for a related series of violations. For violation occurring on or after\nJuly 31, 2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations. For violation occurring on or after November 27, 2018 and before July 31, 2019, the\n12021062WL_Warning Letter_10142021_(20-177909)_text Page 4 of 5\n\n\n\nCPF 1-2021-062-WL\nmaximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to\nexceed $2,132,679. For violation occurring on or after November 2, 2015 and before November\n27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nCollins Pipeline Co being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2021-062-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n12021062WL_Warning Letter_10142021_(20-177909)_text Page 5 of 5","truncated":false,"body_characters":12279}