{"operation":"document","citation":"CPF 12023009WL","title":"CITY OF BANGOR — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-02-02","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a), 195.404(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023009wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023009wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023009wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023009WL","body":"Warning Letter involving CITY OF BANGOR. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.404(b)(2). The case was opened on 2023-02-02 and is reported as closed as of 2023-02-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023009WL_Warning Letter_02022023_(22-233003).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023009WL/12023009WL_Warning%20Letter_02022023_(22-233003).pdf\n\n12023009WL_Warning Letter_02022023_(22-233003)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023009WL/12023009WL_Warning%20Letter_02022023_(22-233003)_text.pdf\n\n12023009WL_Warning Letter_02022023_(22-233003)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nFebruary 2, 2023\nMs. Catherine Conlow\nCity Manager\nCity of Bangor\n287 Godfrey Boulevard\nBangor, Maine 04401\nCPF 1-2023-009-WL\nDear Ms. Conlow:\nFrom August 22 to 25, 2022, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nCity of Bangor’s pipeline system in Bangor, Maine.\nAs a result of the inspection, it is alleged that you have committed probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline system a manual of written procedures for conducting normal\noperations and maintenance activities and handling abnormal\noperations and emergencies. This manual shall be reviewed at intervals\nnot exceeding 15 months, but at least once each calendar year, and\nappropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a\npipeline system commence, and appropriate parts shall be kept at\nlocations where operations and maintenance activities are conducted.\nCity of Bangor failed to follow its Operations & Maintenance Manual, dated 11-01-2015 (O&M)\n\n\n\nregarding abnormal operations response effectiveness reviews pursuant to § 195.402(d)(5)1\n.\nCity of Bangor’s O&M procedure Periodically Review Personnel Response of Abnormal\nOperations – 195.402(d)(5) stated in Section 6.1 “Personnel in charge of facility operations shall\nhave their work performance reviewed once per calendar year, but at intervals not to exceed a (sic)\n15 months.”\nDuring the inspection, PHMSA requested annual records of effectiveness reviews for abnormal\noperations responses for calendar years 2019, 2020, and 2021. City of Bangor was unable to\nprovide any records for this timeframe to demonstrate that it met its procedural requirement.\nTherefore, City of Bangor failed to follow its written procedures regarding performing\neffectiveness studies for abnormal operations responses during the calendar years of 2019, 2020,\nand 2021 pursuant to § 195.402(a) and § 195.402(d)(5).\n2. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline system a manual of written procedures for conducting normal\noperations and maintenance activities and handling abnormal\noperations and emergencies. This manual shall be reviewed at intervals\nnot exceeding 15 months, but at least once each calendar year, and\nappropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a\npipeline system commence, and appropriate parts shall be kept at\nlocations where operations and maintenance activities are conducted.\nCity of Bangor failed to review its Operations & Maintenance Manual, dated 11-01-2015 (O&M)\nat intervals not exceeding 15 months, but at least once each calendar year and make appropriate\nchanges to ensure it is effective, in accordance with § 195.402(a).\nDuring the inspection, PHMSA requested the annual review records for the O&M for calendar\nyears 2019, 2020 and 2021. City of Bangor was unable to provide any annual review records to\ndemonstrate it met the code requirement.\nTherefore, City of Bangor failed to conduct annual reviews of their O&M during calendar years\n2019, 2020, and 2021 in accordance with § 195.402(a).\n1 §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(d) Abnormal operation. The manual required by paragraph (a) of this section must include procedures for the following to\nprovide safety when operating design limits have been exceeded:\n(1) …\n(5) Periodically reviewing the response of operator personnel to determine the effectiveness of the procedures controlling\nabnormal operation and taking corrective action where deficiencies are found.\n\n\n\n3. § 195.404 Maps and records.\n(a) …\n(b) Each operator shall maintain for at least 3 years daily operating\nrecords that indicate –\n(1) …\n(2) Any emergency or abnormal operation to which the procedures\nunder §195.402 apply.\nCity of Bangor failed to maintain records for the years of 2019 - 2021 regarding abnormal\noperations in accordance with § 195.404(b)(2).\nDuring the inspection, PHMSA requested records regarding abnormal operations for calendar\nyears 2019, 2020, and 2021. City of Bangor was unable to provide 2019, 2020, 2021 abnormal\noperations records. City of Bangor discussed that they did respond to abnormal operations during\nthis timeframe, but they have no records to show they have completed this requirement.\nTherefore, City of Bangor to maintain records regarding abnormal operations in accordance with\n§ 195.404(b)(2).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related\nseries of violations. For violation occurring on or after March 21, 2022, and before January 6,\n2023, the maximum penalty may not exceed $239,142 per violation per day the violation persists,\nup to a maximum of $2,391,142 for a related series of violations. For violation occurring on or\nafter May 3, 2021, and before March 21, 2022, the maximum penalty may not exceed $225,134\nper violation per day the violation persists, up to a maximum of $2,251,334 for a related series of\nviolations. For violation occurring on or after January 11, 2021, and before May 3, 2021, the\nmaximum penalty may not exceed $222,504 per violation per day the violation persists, up to a\nmaximum of $2,225,034 for a related series of violations. For violation occurring on or after July\n31, 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\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\nCity of Bangor 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 1-2023-009-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\n\n\n\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","truncated":false,"body_characters":8348}