# IMTT-PIPELINE — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 12022016NOPV
- **title:** IMTT-PIPELINE — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2022-07-01
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 195.106(a), 195.402(a), 195.402(c)(13), 195.404(c)(3), 195.405(a), 195.428(a), 195.432(b), 195.452(b)(5), 195.452(i)(1), 195.452(l)(1), 195.555, 195.573(d), 195.64(c)(2)(i).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-12022016nopv.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-12022016nopv.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-12022016nopv
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/12022016NOPV
**body:**

Notice of Probable Violation involving IMTT-PIPELINE. PHMSA's enforcement data identifies the cited regulations as 195.106(a),  195.402(a),  195.402(c)(13),  195.404(c)(3),  195.405(a),  195.428(a),  195.432(b),  195.452(b)(5),  195.452(i)(1),  195.452(l)(1),  195.555,  195.573(d),  195.64(c)(2)(i). The case was opened on 2022-07-01 and is reported as closed as of 2025-11-03. Proposed civil penalty: $223,400. Assessed civil penalty: $217,200. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

12022016NOPV_Closure Letter_11032025_(21-199001).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022016NOPV/12022016NOPV_Closure%20Letter_11032025_(21-199001).pdf

12022016NOPV_Closure Letter_11032025_(21-199001)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022016NOPV/12022016NOPV_Closure%20Letter_11032025_(21-199001)_text.pdf

12022016NOPV_Consent Agreement and Order_12282023_(21-199001).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022016NOPV/12022016NOPV_Consent%20Agreement%20and%20Order_12282023_(21-199001).pdf

12022016NOPV_Consent Agreement and Order_12282023_(21-199001)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022016NOPV/12022016NOPV_Consent%20Agreement%20and%20Order_12282023_(21-199001)_text.pdf

12022016NOPV_Operator Response to Notice_09272022_(21-199001).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022016NOPV/12022016NOPV_Operator%20Response%20to%20Notice_09272022_(21-199001).pdf

12022016NOPV_Operator RfH Settlement Meeting_09272022_(21-199001).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022016NOPV/12022016NOPV_Operator%20RfH%20Settlement%20Meeting_09272022_(21-199001).pdf

12022016NOPV_Operator Withdrawal of RfH_02022023_(21-199001).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022016NOPV/12022016NOPV_Operator%20Withdrawal%20of%20RfH_02022023_(21-199001).pdf

12022016NOPV_PCO PCP_07012022_(21-199001).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022016NOPV/12022016NOPV_PCO%20PCP_07012022_(21-199001).pdf

12022016NOPV_PCO PCP_07012022_(21-199001)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022016NOPV/12022016NOPV_PCO%20PCP_07012022_(21-199001)_text.pdf

12022016NOPV_PHC Hearing Scheduled_10132022_(21-199001).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022016NOPV/12022016NOPV_PHC%20Hearing%20Scheduled_10132022_(21-199001).pdf

12022016NOPV_PHC Hearing Scheduled_10132022_(21-199001)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022016NOPV/12022016NOPV_PHC%20Hearing%20Scheduled_10132022_(21-199001)_text.pdf

12022016NOPV_Supplemental Operator Response to Notice_02062023_(21-199001).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022016NOPV/12022016NOPV_Supplemental%20Operator%20Response%20to%20Notice_02062023_(21-199001).pdf

12022016NOPV_PHC Hearing Scheduled_10132022_(21-199001)_text.pdf

October 13, 2022
VIA ELECTRONIC MAIL TO: sam@vnf.com and robert.burrough@dot.gov
Ms. Susan A. Olenchuk, Esq.
Counsel for IMTT - Pipeline
Van Ness Feldman, LLP
1050 Thomas Jefferson Street, NW
Washington, DC 20007
Mr. Robert Burrough
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
820 Bear Tavern Road, Suite 300
West Trenton, NJ 08628
Re: Notice of Hearing, IMTT Pipeline
CPF No. 1-2022-016-NOPV
Dear Ms. Olenchuk and Mr. Burrough:
In accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of
Probable Violation, Proposed Civil Penalty, and Proposed Compliance Order issued by the Pipeline
and Hazardous Materials Safety Administration in the above-referenced case. The hearing will take
place on February 15, 2023, beginning at 8:30 a.m. Eastern Time.
The hearing will be held at the PHMSA Eastern Region office, 820 Bear Tavern Road, Suite 103,
West Trenton, NJ 08628. Upon arrival at the building, attendees will be required to present photo
identification to security personnel. A contact phone number for the day of the hearing is (609)
989-2171.
At least 10 calendar days prior to the hearing (or by February 6, 2023), both parties must submit and
exchange any additional written materials they intend to present at the hearing and the name and
email address of each attendee. This information should be provided electronically. Materials not
submitted by this date may be excluded. If you have any questions, please do not hesitate to contact
me.
Sincerely,
Larry White
Presiding Official



cc: Mr. Richard Jurisich, Secretary and General Counsel, IMTT - Pipeline,
richardjurisich@imtt.com
Mr. Carlin Conner, President and Chief Executive Officer, IMTT Pipeline,
carlinconner@imtt.com

12022016NOPV_Operator Withdrawal of RfH_02022023_(21-199001).pdf

1050 Thomas Jefferson Street, NW
Seventh Floor
Washington, DC 20007
www.vnf.com
Susan A. Olenchuk
(202) 298-1896
sam@vnf.com
By Email Only
February 2, 2023
Ms. Lawrence White, Esq.
Presiding Official
Pipeline and Hazardous Materials Safety Administration
United States Department of Transportation
1200 New Jersey Ave., SE
Washington, D.C. 20590
Re: IMTT-Pipeline CPF No. 1-2022-016-NOPV
IMTT-Bayonne CPF No. 1-2022-017-NOPV
Withdrawal of Request for Hearing
Dear Mr. White,
On September 27, 2022, IMTT-Pipeline and IMTT-Bayonne (IMTT) submitted Requests for
Hearing and Preliminary Statements of Issues in response to Notices of Probable Violation, Proposed
Civil Penalty and Proposed Compliance Order (Notice) in the above-referenced proceedings. Hearing
is scheduled for February 15, 2023 and pre-hearing materials are due February 6, 2023. Pursuant to 49
C.F.R. § 190.211(b), IMTT is withdrawing its Requests for a Hearing in both proceedings. On
February 6, 2023, IMTT will instead submit amended and supplemental written responses.
Thank you for your consideration in this matter.
Respectfully submitted,
Susan A. Olenchuk
Van Ness Feldman, LLP
Attorney for IMTT
CC (by email):
Kathleen Maitland, Esq., Attorney Advisor, Office of Chief Counsel, PHMSA
Joseph St. Peter, Esq., Attorney Advisor, Office of Chief Counsel, PHMSA
Robert Burrough, Director, Eastern Region, PHMSA
Richard Jurisich, Esq., Secretary and General Counsel, IMTT
Shaun Revere, Chief Operating Officer, IMTT

12022016NOPV_Consent Agreement and Order_12282023_(21-199001)_text.pdf

December 28, 2023
VIA ELECTRONIC MAIL TO: carlinconner@imtt.com
Mr. Carlin Conner
President and Chief Executive Officer
IMTT-Pipeline
400 Poydras Street, Suite 3000
New Orleans, Louisiana 77002
CPF No. 1-2022-016-NOPV
Dear Mr. Conner:
Enclosed please find a Consent Order incorporating the terms of the Consent Agreement between
the Pipeline and Hazardous Materials Safety Administration (PHMSA) and IMTT-Pipeline, which
was executed on December 13, 2023. Service of the Consent Order and Consent Agreement by
electronic mail is deemed effective upon the date of transmission and acknowledgement of receipt,
or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosure: Order and Consent Agreement
cc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA
Mr. Richard Jurisich, Esq., Secretary and General Counsel, IMTT-Pipeline,
richardjurisich@imtt.com
Mr. Shaun Revere, Chief Operating Officer, IMTT-Pipeline, shaunrevere@imtt.com
Ms. Susan Olenchuk, Esq., Van Ness Feldman LLP, Outside Counsel to IMTT-Pipeline
sam@vnf.com
CONFIRMATION OF RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
)
In the Matter of )
)
IMTT-Pipeline, ) CPF No. 1-2022-016-NOPV
)
Respondent. )
)
CONSENT ORDER
By letter dated July 1, 2022, the Pipeline and Hazardous Materials Safety Administration
(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation, Proposed
Civil Penalty, and Proposed Compliance Order (Notice) to IMTT-Pipeline (IMTT or
Respondent).
In response to the Notice, Respondent contested Items 1, 2, 6, 11, and 12 in the Notice and the
proposed civil penalty and the proposed compliance order and requested a hearing in this matter.
Respondent also asked for the opportunity to meet informally with PHMSA to discuss the issues
raised in its response. Respondent and PHMSA (The Parties) subsequently met to discuss the
issues raised in the Response. As a result of those discussions, as explained in more detail below
the Parties agreed that two of the proposed compliance order actions have already been
completed, and have agreed to modify the terms of the proposed compliance order for a
remaining item. Respondent agreed to certain findings of violation without admission, and
subject to the agreed terms of the Parties, to pay a reduced civil penalty.
Accordingly, the Consent Agreement is hereby approved and incorporated by reference into this
Consent Order. IMTT is hereby ordered to comply with the terms of the Consent Agreement
pursuant to its terms.
Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent Order may result in
the assessment of civil penalties as set forth in 49 U.S.C. § 60122 and 49 C.F.R. § 190.223.
The terms and conditions of this Consent Order are effective upon service in accordance with 49
C.F.R. § 190.5.
December 28, 2023
___________________________________ __________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
In the Matter of )
IMTT-Pipeline, ) CPF No. 1-2022-016-NOPV
)
)
)
)
)
Respondent. )
____________________________________)
CONSENT AGREEMENT
From May 10 through May 24, 2021, a representative of the Pipeline and Hazardous Materials
Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49
United States Code (U.S.C.), conducted an integrated inspection of the facilities and records of
International-Matex Tank Terminals (IMTT)-Pipeline (IMTT or Respondent) and IMTT-
Bayonne’s records and facilities in Bayonne, New Jersey.1 IMTT is an interstate hazardous
liquid pipeline with approximately 40 miles of pipeline and 117 breakout tanks.
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated July 1, 2022, a Notice of Probable Violation, Proposed Compliance Order, and
Proposed Civil Penalty (Notice), which also included warning items pursuant to 49 C.F.R. §
190.205. In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that IMTT
committed violations of provisions of 49 C.F.R. Part 195, proposed ordering Respondent to take
certain measures to correct the alleged violations, and proposed a civil penalty of $223,400.
Seven probable violations (Items 3, 4, 5, 7, 8, 9, and 13) were brought as warnings, advising
Respondent to correct the probable violations or face potential future enforcement action.
IMTT timely responded to the Notice (after a request for extension was requested and granted by
the Director) on September 27, 2023 (Response).2 Respondent contested Items 1, 2, 6, 11, and
12 in the Notice and the proposed civil penalty and the proposed compliance order and requested
a hearing in this matter. Respondent also requested to meet informally with PHMSA to discuss
the issues raised in the Response, stated that it was electing not to contest Items 10 and 14, and
that Items 3, 4, 5, 7, 8, 9, and 13 were warning items.
1 IMTT is comprised of two PHMSA Operator Identifications (OPIDs) – IMTT-Pipeline and IMTT-Bayonne. This
integrated inspection also included a review of IMTT-Bayonne’s records and facilities; the companion case is CPF
1-2022-017-NOPV.
2 IMTT also provided an additional supplemental response to the Notice on February 6, 2023.



PHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the
Response. As a result of those discussions, and as explained in more detail below, the Parties
have agreed that the proposed compliance order for Items 10 and 14 are already completed, and
have agreed to modify the terms of the proposed compliance order for Item 1. For Items 2, 6, 10,
11, and 12, the parties have agreed to a reduced total civil penalty assessment of $217,200.
IMTT withdrew its hearing request on February 2, 2023.
Having agreed that settlement of this proceeding will avoid further administrative proceedings or
litigation and will serve the public interest by promoting safety and protection of the
environment, pursuant to 49 C.F.R. Part 190, and upon consent and agreement, the Parties hereby
agree as follows:
I. General Provisions
1. Respondent acknowledges that as the operator of the pipeline facilities subject to
the Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the
Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative
orders issued thereunder. For purposes of this Agreement, Respondent acknowledges that it
received proper notice of PHMSA’s action in this proceeding and that the Notice states claims
upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq., and the regulations and
orders issued thereunder.
2. After Respondent returns this signed Agreement to PHMSA, the Agency’s
representative will present it to the Associate Administrator for Pipeline Safety, recommending
that the Associate Administrator adopt the terms of this Consent Agreement by issuing an
administrative order (Consent Order) incorporating the terms of this Agreement. The terms of this
Agreement constitute an offer of settlement until accepted by the Associate Administrator. Once
accepted, the Associate Administrator will issue a Consent Order incorporating the terms of this
Agreement.
3. Respondent consents to the issuance of the Consent Order, and hereby waives any
further procedural requirements with respect to its issuance. Respondent waives all rights to
contest the adequacy of notice, or the validity of the Consent Order or this Agreement, including
all rights to administrative or judicial hearings or appeals, except as set forth herein.
4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its
officers, directors, and employees, and its successors, assigns, or other entities or persons
otherwise bound by law. Respondent agrees to provide a copy of this Agreement and any
incorporated work plans and schedules to all of Respondent’s officers, employees, and agents
whose duties might reasonably include compliance with this Agreement.
5. This Agreement constitutes the final, complete and exclusive agreement and
understanding between the Parties with respect to the settlement embodied in this Agreement.
The Parties acknowledge that there are no representations, agreements or understandings relating



to settlement other than those expressly contained in this Agreement, except that the terms of this
Agreement may be construed by reference to the Notice.
6. Nothing in this Agreement affects or relieves Respondent of its responsibility to
comply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,
et seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters
PHMSA's right of access, entry, inspection, and information gathering or PHMSA's authority to
bring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the
regulations and orders issued thereunder, or any other provision of Federal or State law.
7. For all transfers of ownership or operating responsibility of Respondent’s pipeline
system referenced herein, Respondent will provide a copy of this Agreement to the prospective
transferee at least 30 days prior to such transfer. Respondent will provide written notice of the
transfer to the PHMSA Eastern Regional Director no later than 60 days after the transfer occurs.
8. This Agreement does not waive or modify any Federal, State, or local laws or
regulations that are applicable to Respondent’s pipeline systems. This Agreement is not a
permit, or a modification of any permit, under any Federal, State, or local laws or regulations.
Respondent remains responsible for achieving and maintaining compliance with all applicable
Federal, State, and local laws, regulations and permits.
9. This Agreement does not create rights in, or grant any cause of action to, any third
party not party to this Agreement. The U.S. Department of Transportation is not liable for any
injuries or damages to persons or property arising from acts or omissions of Respondent or its
officers, employees, or agents carrying out the work required by this Agreement. Respondent
agrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,
and representatives from any and all causes of action arising from any acts or omissions of
Respondent or its contractors in carrying out any work required by this Agreement.
10. Except as otherwise specified herein, This Agreement does not constitute a
finding of violation of any other federal law or regulation and may not be used in any civil
proceeding of any kind as evidence or proof of any fact, fault or liability, or as evidence of a
violation of any law, rule, regulation, or requirement, except in a proceeding to enforce the
provisions of this agreement or in future PHMSA enforcement actions. Respondent neither
admits nor denies any allegation or conclusion in the Notice or this Agreement, but agrees for
purposes of this Agreement to comply with the terms of this Agreement.
11. Upon issuance of the Consent Order, the Parties agree to the following terms.
II. Findings of Violation:
12. Item 1- 49 C.F.R. § 195.106: The Notice alleged Respondent failed to determine
the internal design pressure of its jurisdictional pipeline segments in accordance with § 195.106.
Specifically, IMTT failed to use conservative yield strength and wall thickness values in §§
195.106(b) and 195.106(c). IMTT challenged Item 1 on the grounds, in part, that it disputed the
applicability of § 195.106 to the 12IN Linden-Bergen Point pipeline segment due to the date the



pipeline was constructed, and that OPS did not demonstrate that IMTT calculated internal design
pressure using assumed values for wall thickness and yield strength. IMTT requested that this
item be withdrawn, or in the alternative that the proposed compliance terms be revised. After
settlement discussions, the Parties agree to narrow the scope of the compliance order to
appropriately apply only to pipe constructed after 1970, and remove reference to “unknown
properties on the pipeline” so the compliance order is limited to apply to wall thickness and pipe
grade. PHMSA finds a violation of § 195.106.
13. Item 2- 49 C.F.R. § 195.402(a): The Notice alleged Respondent failed to conduct
a review of its operations, maintenance and emergency (OM&E) manual at intervals not
exceeding 15 months, but at least once each calendar year (for 2019 and 2020) and make
appropriate changes as necessary to ensure its manual is effective, in accordance with §
195.402(a). IMTT contested this item and requested withdrawal of both the allegation and the
proposed civil penalty. IMTT provided additional documentation regarding reviews of its
OM&E and stated § 195.402(a) does not suggest an operator must explain in a revision log why
changes to a procedural manual were made. As a result of the additional information and records
provided during settlement discussions, the Parties agree to a reduced civil penalty assessment
for this violation. PHMSA finds a violation of § 195.402(a)
14. Item 6- 49 C.F.R. § 195.405(a): The Notice alleged Respondent violated §
195.405(a) by failing to maintain records demonstrating that protection provided against
ignitions arising out of static electricity, lightning, and stray currents during operations and
maintenance activities involving aboveground breakout tanks was done in accordance with API
RP 2003, and failed to note in its procedural manual why compliance with all or certain
provisions of API RP 2003 was unnecessary for the safety of a particular breakout tank. IMTT
contested Item 6 and requested that the proposed civil penalty be withdrawn. IMTT explained
that consistent with API RP 2003 that Tank 7640 rests on a grade-level foundation and,
therefore, is protected from the risk of static electricity, and that under NFPA 780 is protected
from ignition caused by lightning. As a result of the settlement discussions the Parties agreed
that a singular occurrence of violation of § 195.405(a) is appropriate as based on the facts, and
the Parties agreed to a reduced civil penalty assessment for this violation. PHMSA finds a
violation of § 195.405(a)
15. Item 10- 49 C.F.R. § 195. 452(l)(1): The Notice alleged Respondent violated §
195.452(l)(1) for failing to maintain records that demonstrate compliance with the requirements
of subpart F. Specifically, IMTT failed to maintain documents of the evaluation of the capability
of its leak detection required by § 195.452(i)(3). The Notice proposed a civil penalty and a
proposed compliance order for this Item 10. IMTT did not contest the alleged violation or the
assessment of the civil penalty, but stated it was submitting under separate cover information
showing its compliance with the proposed compliance order, and requested the Director find that
the compliance action had already been completed. As a result of the settlement discussions and
additional documentation provided during such, the Parties agree the proposed compliance order
in this matter has already been completed and to the assessment of the proposed civil penalty for
this violation. PHMSA finds a violation of § 195.452(l)(1).



16. Item 11- 49 C.F.R. § 195. 452(a)(1): The Notice alleged Respondent failed to
take measures to prevent and mitigate the consequences of a pipeline failure that could affect a
high consequence area. Specifically, during the course of calendar years 2019 and 2020, IMTT
failed to implement preventative and mitigative actions as required pursuant to § 195.452(i)(1).
IMTT contested Item 11 and requested that the proposed civil penalty be withdrawn. IMTT
acknowledged that it did not provide completed copies of Form IMP-701B during the inspection,
however, it explained it believed it did provide records demonstrating implementation of
preventative and mitigative measures. After engaging in settlement discussions, PHMSA finds a
violation of § 195.452(a)(1).
17. Item 12- 49 C.F.R. § 195.555: The Notice alleged Respondent violated §
195.555 by failing to require and verify supervisors maintain a thorough knowledge of that
portion of corrosion control procedures established under § 195.402(c)(3) for which they are
responsible for ensuring compliance. IMTT contested the alleged violation and the proposed
civil penalty. IMTT explained the purpose of § 195.555 is to ensure that individuals who direct
others to carry out corrosion control procedures have sufficient knowledge of the corrosion
control procedures, and that IMTT relies on a third-party corrosion control contractor to perform
corrosion control activities on its pipeline facilities. Respondent stated during the inspection it
did not have an employee with the title corrosion control “supervisor,” but did have a corrosion
control specialist who was being trained for such role and who worked with the third-party
contractor, and who earned a NACE certificate for CP2-Cathodic Protection – Technician. After
engaging in settlement discussions, PHMSA finds a violation of § 195.555.
18. Item 14- 49 C.F.R. § 195.64(c)(2)(i): The Notice alleged Respondent failed to
notify PHMSA of a change in primary entity responsible for managing or administering a safety
program required by this part covering pipeline facilities operated under multiple OPIDs in
violation of § 195.64. Specifically, IMTT failed to notify PHMSA which OPID, IMTT or IMTT-
Bayonne, is the primary OPID for managing IMTT’s safety program. IMTT did not contest the
alleged violation and stated it has since provided the notification required under § 195.64,
indicating its compliance with the proposed compliance order. IMTT requested PHMSA find
that the proposed compliance order for Item 14 has already been completed. PHMSA finds a
violation of 195.64(c)(2)(i).
III. Warning Items:
19. Item 3- 49 C.F.R. § 195.402(c)(13): The Notice alleged IMTT failed to conduct
periodic reviews of the work done by operator personnel to determine the effectiveness of the
procedures used in normal operation and maintenance and taking corrective action where
deficiencies are found, in accordance with § 195.402(c)(13).
20. Item 4- 49 C.F.R. § 195.404(c)(3): The Notice alleged Respondent failed to
maintain adequate records of each inspection or test required by Part 195 subpart F for at least two
years or until the next inspection or test is performed, whichever is longer. Specifically, IMTT
failed to maintain adequate records in calendar years 2019 and 2020 for conducting mainline valve
inspections required by § 195.420(b).



21. Item 5- 49 C.F.R. § 195.404(c)(3): The Notice alleged Respondent failed to
maintain adequate records of each inspection or test required by Part 195 subpart F for at least
two years or until the next inspection or test is performed, whichever is longer. Specifically,
IMTT failed to maintain adequate external visual (monthly) breakout tank inspection records for
one of its tanks for calendar year 2020.
22. Item 7- 49 C.F.R. § 195.428(a): The Notice alleged Respondent failed to inspect
and test each pressure limiting device, relief valve, pressure regulator, or other item of pressure
control equipment at intervals not exceeding 15 months, but at least once each calendar year, to
determine that it is functioning properly, is in good mechanical condition, and is adequate from
the standpoint of capacity and reliability of operation for the service in which it is used.
Specifically, IMTT failed in one instance to inspect and test an overpressure safety device in
2020.
23. Item 8- 49 C.F.R. § 195.432(b): The Notice alleged Respondent failed to inspect
the physical integrity of in-service atmospheric and low-pressure steel aboveground breakout
tanks according to API 653 (incorporated by reference into 49 C.F.R. Part 195, see
195.3(b)(19)), as prescribed in § 195.432(b). Specifically, IMTT did not perform external visual
(monthly) breakout tank inspections for breakout tank 7640 for February through December
2019, as specified under API Standard 653 Section 6.3.1.3 – Routine In-Service Inspections.
24. Item 9- 49 C.F.R. § 195.452(b)(5): The Notice alleged Respondent failed to
implement and follow its Integrity Management program. Specifically, IMTT failed to follow
Liquid Integrity Management Program Procedure Version 1 dated June 2018 Section 8.4
regarding performance metrics for calendar year 2020.
25. Item 13- 49 C.F.R. § 195.473(d): The Notice alleged Respondent failed to
inspect each cathodic protection system used to control corrosion on the bottom of an
aboveground breakout tank to ensure that operation and maintenance of the system are in
accordance with API RP 651 (incorporated by reference, see §195.3) and did not note in its
corrosion control procedures why complying with all or certain operation and maintenance
provisions of API RP 651 is not necessary for the safety of the tank. Specifically, IMTT failed to
inspect the breakout tank cathodic protection system for tank 7640 during calendar years 2019
and 2020.
26. For Warning Items 3, 4, 5, 7, 8, 9, and 13, if OPS finds a violation of these
provisions in a subsequent inspection, Respondent may be subject to future enforcement action.
IV. Civil Penalty:
27. Item 2: The Notice proposed a civil penalty of $31,400 for alleged violation.
IMTT requested withdrawal of the proposed civil penalty. IMTT provided additional
documentation regarding reviews of its OM&E and stated § 195.402(a) does not suggest an
operator must explain in a revision log why changes to a procedural manual were made. As a
result of the additional information and records provided during settlement discussions (namely a



printout of a log from its software that was not provided during the inspection that reflects an
“Annual O&M Review” and revisions that were made for “Bayonne Pipeline” during May
2019), Eastern Region accepts that an annual review of IMTT’s OM&E manual was conducted
during that calendar year. For purposes of the Agreement, the Director agrees that a single
occurrence (adjustment to the gravity consideration) of violation for calendar year 2020 is
appropriate. Respondent agrees, without admission, to pay a reduced civil penalty in the amount
of $31,100 for the violation in Item 2.
28. Item 6: The Notice proposed a civil penalty of $64,600 for this alleged violation.
IMTT requested that the proposed civil penalty be withdrawn. As a result of the settlement
discussions the Parties agree that a singular (gravity consideration reductions), continuing
occurrence of violation of § 195.405(a) is appropriate as based on the underlying facts of this
allegation related to a single breakout tank. Respondent agrees, without admission, to pay a
reduced civil penalty in the amount of $58,700 for the violation in Item 6.
29. Item 10: The Notice proposed a civil penalty of $64,600 for this alleged violation.
Respondent agrees, without admission, to pay the proposed civil penalty in the amount of
$64,600 for the violation in Item 10.
30. Item 11: The Notice proposed a civil penalty of $31,400 for this alleged violation.
IMTT requested that the proposed civil penalty be withdrawn. As a result of settlement
discussions, Respondent agrees, without admission, to pay the proposed civil penalty in the
amount of $31,400 for the violation in Item 11.
31. Item 12: The Notice proposed a civil penalty of $31,400 for this alleged violation.
IMTT contested the proposed civil penalty. As a result of settlement discussions, Respondent
agrees, without admission, to pay the proposed civil penalty in the amount of $31,400 for the
violation in Item 12.
32. Respondent shall pay a total civil penalty in the amount of $217,200, pursuant to
the payment instructions at 49 C.F.R. § 190.227(a), to be paid in full no later than 20 days from
the Effective Date of this Agreement.
V. Compliance Order:
33. Item 1: The Notice proposed certain compliance actions to address the non-
compliance alleged in Item 1. As discussed above, Respondent requested, and the Parties agreed
to, a revised compliance order for this item as follows:
IMTT must provide records justifying its determination of internal design pressure
for the following segments in accordance with § 195.106(a):
1. 12IN Bergen Point – 5th Street Terminal
2. 12IN Linden – Bergen Point (for segments constructed after 1970)
3. 16IN 5th Street Terminal



If IMTT is unable to provide adequate records to support an internal design calculation
that complies with § 195.106(a)-(c), IMTT must instead develop and submit a work plan
for gathering adequate data to verify any unknown values for wall thickness and yield
strength for the 12IN Bergen Point – 5th Street Terminal segment and the 16IN 5th Street
Terminal segment and the portions of the 12IN Linden – Bergen Point segment
constructed after 1970, for the Director’s review and approval. IMTT must complete this
compliance order action within 90 days of the Effective Date.
34. Item 10: The Notice proposed certain compliance order actions to address the non-
compliance alleged in Item 10. The proposed compliance order would have required IMTT
complete a leak detection evaluation on its associated pipeline system, in accordance with §
195.452(i)(3), within 90 days of receipt of a Final Order in this matter. As discussed above, based
on additional records submitted by IMTT during settlement discussions, namely a September 8,
2021, leak detection evaluation report, the Parties agreed that the proposed compliance order for
this Item 10 has already been completed.
35. Item 14: The Notice proposed certain compliance order actions to address the non-
compliance alleged in Item 14. The proposed compliance order would have required Respondent
to submit notification to PHMSA through the national registry that its OPID’s - 32062 IMTT-
Pipeline and OPID 39149 IMTT-Bayonne operate under a single Safety Program Relationship,
with identification of the primary OPID responsible for managing the safety program, within 30
days of receipt of the Final Order. As discussed above, based on a review of current PHMSA
records during settlement discussions, the Parties agree that the proposed compliance order for
this Item 14 to make the required notification to PHMSA has already been completed.
VI. Enforcement:
36. This Agreement is subject to all enforcement authorities available to PHMSA
under 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties
under 49 U.S.C. § 60122, of up to $257,664 per violation for each day the violation continues and
referral of the case to the Attorney General for judicial enforcement, if PHMSA determines that
Respondent is not complying with the terms of this Agreement in accordance with the
determinations made by the Director, or if appealed, in accordance with decisions of the Associate
Administrator. The maximum civil penalty amounts are adjusted annually for inflation. See 49
C.F.R. § 190.223.
VII. Dispute Resolution:
37. The Director and Respondent will informally attempt to resolve any disputes
arising under this Agreement, including but not limited to any decision of the Director. If
Respondent and the Director are unable to informally resolve the dispute within 15 calendar days
after the dispute is first raised, in writing, to the Director, Respondent may submit a written
request for a determination resolving the dispute from the Associate Administrator for Pipeline
Safety, PHMSA. Such request must be made in writing and provided to the Director, counsel for
the Eastern Region, and to the Associate Administrator for Pipeline Safety, no later than 10
calendar days from the 15-day deadline for informal resolution referenced in this paragraph.
Along with its request, Respondent must provide the Associate Administrator with all



information Respondent believes is relevant to the dispute. Decisions of the Associate
Administrator under this paragraph will constitute final agency action. The existence of a dispute
and PHMSA’s consideration of matters placed in dispute will not excuse, toll, or suspend any
term or timeframe for completion of any work to be performed under this Agreement during the
pendency of the dispute resolution process, except as agreed by the Director or the Associate
Administrator in writing, or ordered by a court of competent jurisdiction.
VIII. Effective Date:
38. The term “Effective Date,” as used herein, is the date on which the Consent Order
is issued by the Associate Administrator, PHMSA, incorporating the terms of this Agreement.
IX. Recordkeeping and Information Disclosure:
39. Unless otherwise required in this Agreement, Respondent agrees to maintain
records demonstrating compliance with all requirements of this Agreement for a period of at
least five (5) years following completion of all work to be performed. For any reports, plans, or
other deliverables required to be submitted to PHMSA pursuant to this Agreement, Respondent
may assert a claim of business confidentiality or other protections applicable to the release of
information by PHMSA, covering part or all of the information required to be submitted to
PHMSA pursuant to this Agreement in accordance with 49 C.F.R. Part 7. Respondent must
mark the claim of confidentiality in writing on each page, and include a statement specifying the
grounds for each claim of confidentially. PHMSA determines release of any information
submitted pursuant to this Agreement in accordance with 49 C.F.R. Part 7, the Freedom of
Information Act, 5 U.S.C. § 552, DOT and PHMSA policies, and other applicable regulations
and Executive Orders.
X. Review and Approval Process
40. With respect to any submission under Paragraph 33 (Compliance Order) of this
Agreement that requires the approval of the Director, the Director may: (a) approve, in whole or
in part, the submission; (b) approve the submission on specified, reasonable conditions; (c)
disapprove, in whole or in part, the submission; or (d) any combination of the foregoing. If the
Director approves, approves in part, or approves with conditions, Respondent will take all
actions as approved by the Director, subject to Respondent’s right to invoke the dispute
resolution procedures with respect to any conditions the Director identifies. If the Director
disapproves all or any portion of the submission, the Director will provide Respondent a written
notice of the deficiencies. Respondent will correct all deficiencies within the time specified by
the Director and resubmit it for approval.
XI. Modification:
41. The terms of this Agreement may be modified by mutual agreement of the Parties.
Such modifications must be in writing and signed by both parties.



XII. Ratification:
42. The Parties’ undersigned representatives certify that they are fully authorized to
enter into the terms and conditions of this Agreement and to execute and legally bind such party
to this document.
43. The Parties hereby agree to all conditions and terms of this Agreement.
XIII. Termination:
44. This Agreement will remain in effect until the Compliance Order in Paragraph 33
of Section V is satisfied, as determined by the Director. The Agreement shall not terminate until
the Director confirms, in writing, that the Agreement is terminated in accordance with this
paragraph. Nothing in this Agreement prevents Respondent from completing any of the
obligations earlier than the deadlines provided for in this Agreement.



For IMTT-Pipeline:
___________________________________
________________________
Date
For PHMSA:
________________________________________
Director, Eastern Region, Office of Pipeline Safety
________________________
Date

12022016NOPV_Closure Letter_11032025_(21-199001)_text.pdf

VIA ELECTRONIC MAIL: carlinconner@imtt.com
November 3, 2025
Mr. Carlin Conner
President and Chief Executive Officer
IMTT-Pipeline
400 Poydras Street, Suite 3000
New Orleans, Louisiana 70130
RE: CPF 1-2022-016-NOPV
Dear Mr. Conner:
On December 28, 2023, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued a Consent Order incorporating the terms of the Consent Agreement between PHMSA and
IMTT-Pipeline (IMTT) in the above-referenced case. The Consent Agreement and Order
included a Compliance Order and a Civil Penalty assessment.
Based on our review of the documentation provided, and confirmation of payment of the civil
penalty, it has been determined that IMTT has complied with the terms of the Consent Agreement
and Order.
Accordingly, this case is now closed, and no further action is contemplated with respect to the
matters involved in this case. Thank you for your cooperation in this matter.
Sincerely,
Robert Burrough
Director, Eastern Region, Office of Pipeline Safety
Pipeline and Hazardous Materials Safety Administration
cc: Will Simmons, Regulatory Compliance Manager, IMTT, willsimmons@imtt.com
- **truncated:** false
- **body characters:** 39625