ERGON TERMINALING, INC. — Notice of Probable Violation

party submissionOfficial PDF12023050NOPV_Operator Response to Notice_09302023_(22-233356).pdf#

case documentOfficial PDF12023050NOPV_PCO_09052023_(22-233356).pdf#

case documentOfficial PDF12023050NOPV_PCO_09052023_(22-233356)_text.pdf#

12023050NOPV_Closure Letter_02132024_(22-233356)_text.pdf, page 1Official PDFVIA ELECTRONIC MAIL TO: zachary.young@ergon.com February 13, 2024 Mr. Zachary Young Vice President of Ergon Trucking Ergon Terminaling, Inc. P.O. Box 1639 Jackson, MS 39215 CPF 1-2023-050-NOPV Dear Mr. Young: On December 4, 2023, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to Ergon Terminaling, Inc. (Ergon), a Final Order in the above-referenced case. This Order included a Compliance Order. Based on our review of the documentation provided by Craig Rohr on December 15, 2023 regarding the Compliance Order, it has been determined that you have complied with the terms of this 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 Pipeline and Hazardous Materials Safety Administration#

12023050NOPV_Final Order_12042023_(22-233356)_text.pdf, page 1Official PDFDecember 4, 2023 VIA ELECTRONIC MAIL TO: kris.patrick@ergon.com Mr. Kris Patrick President and Chief Executive Officer Ergon, Inc. P.O. Box 1639 Jackson, Mississippi 39215 Re: CPF No. CPF 1-2023-050-NOPV Dear Mr. Patrick: Enclosed please find the Final Order issued in the above-referenced case to Ergon Terminaling, Inc., a subsidiary of Ergon, Inc. It makes a finding of violation and specifies actions that need to be taken to comply with the pipeline safety regulations. When the terms of the compliance order are completed, as determined by the Director, Eastern Region, this enforcement action will be closed. Service of the Final Order by e-mail is effective upon the date of transmission and acknowledgement of receipt as 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 Enclosures (Final Order and NOPV) cc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA Mr. Craig Rohr, Facility Manager, Ergon Terminaling, Inc., craig.rohr@ergon.com CONFIRMATION OF RECEIPT REQUESTED#

12023050NOPV_Final Order_12042023_(22-233356)_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ ) In the Matter of ) ) Ergon Terminaling, Inc., ) CPF No. 1-2023-050-NOPV a subsidiary of Ergon, Inc., ) ) Respondent. ) ____________________________________) FINAL ORDER From May 16, 2022, to May 20, 2022, representatives 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 on-site inspection of Ergon Terminaling, Inc.’s (Ergon), a subsidiary of Ergon, Inc., procedures, and records for control room management of its control room. As a result of the inspection, on September 5, 2023, pursuant to 49 C.F.R. § 190.207, the Director, Eastern Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Respondent. In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Respondent committed one violation of 49 C.F.R. Part 195 and proposed certain measures to correct the violation. Ergon responded to the Notice by letter dated September 30, 2023, providing additional information, but did not contest the allegation or corrective measures. Respondent did not request a hearing and therefore has waived its right to one. Based on a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 195.446 (a) (Item 1) ---Respondent failed to follow its written control room management procedures. Specifically, Ergon failed to follow its Control Room Management Plan, November 2014 (CRM Plan), Section 7.8 regarding monitoring the content and volume of general activity being directed to and required of each controller at least once each calendar year, but at intervals not exceeding 15 months that will assure controllers have sufficient time to analyze and react to incoming alarms. This finding of violation will be a considered prior offense in any subsequent enforcement action taken against Respondent.#

12023050NOPV_Final Order_12042023_(22-233356)_text.pdf, page 3Compliance Actions Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the actions proposed in the enclosed Notice to correct the violation. The Director may grant an extension of time to comply with any of the required items upon a written request timely submitted by the Respondent and demonstrating good cause for an extension. Upon completion of the ordered actions, Respondent may request that the Director close the case. Failure to comply with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in referral to the Attorney General for appropriate relief in a district court of the United States. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. Warning Items With respect to Items 2, 3, and 4, the Notice alleged probable violations of 49 C.F.R. §§ 195.446(a) and 192.605(j)(1) but did not propose a civil penalty or compliance order for these items. Therefore, these are considered to be warning items. If OPS finds a violation any of these items in a subsequent inspection, Respondent may be subject to future enforcement action. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. December 4, 2023 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#