CPF 12026008NOPV
CPF 12026008NOPV
party submissionOfficial PDF12026008NOPV_Operator Response to Notice_04152026_(23-263951).pdf#
case documentOfficial PDF12026008NOPV_PCO_03172026_(23-263951).pdf#
case documentOfficial PDF12026008NOPV_PCO_03172026_(23-263951)_text.pdf#
12026008NOPV_Final Order_04302026_(23-263951)_text.pdf, page 1Official PDFU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, S.E. Washington, D.C. 20590 April 30, 2026 VIA ELECTRONIC MAIL: matthew.lucey@pbfenergy.com Matthew Lucey Chief Executive Officer and President PBF Energy, Inc. One Sylvan Way, 2nd Floor Parsippany, New Jersey 07054 Re: CPF No. 1-2026-008-NOPV Dear Mr. Lucey: Enclosed please find the Final Order issued in the above-referenced case. It makes findings 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 CFR § 190.5. Thank you for your cooperation in this matter. Sincerely, Linda Daugherty Acting Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA Thomas McLane, Director, Logistics Regulatory Compliance, Collins, thomas.mclane@pbfenergy.com Jeff Hersperger, Sr. Operations Director, jeffrey.hersperger@pbfenergy.com CONFIRMATION OF RECEIPT REQUESTED#
12026008NOPV_Final Order_04302026_(23-263951)_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 ) Collins Pipeline Company, ) CPF No. 1-2026-008-NOPV a subsidiary of PBF Energy, Inc., ) ) ) ) Respondent. ) ____________________________________) FINAL ORDER On March 17, 2026, pursuant to 49 CFR § 190.207, the Director, Eastern Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Collins Pipeline Company, a subsidiary of PBF Energy, Inc. (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 CFR Part 195. The Notice also proposed certain measures to correct the violations. Respondent did not contest the allegations of violation or corrective measures. Based upon a review of all of the evidence, pursuant to section 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 CFR § 195.446(e)(1) (Item 1) ─ Respondent failed to review its SCADA related safety-related alarm operations using a process that ensures alarms are accurate and support safe pipeline operations. 49 CFR § 195.446(e)(2) (Item 2) ─ Respondent failed to at least once each calendar month identify points affecting safety that have been taken off scan in the SCADA host, have had alarms inhibited, generated false alarms, or that have had forced or manual values for periods of time exceeding that required for associated maintenance or operating activities. 49 CFR § 195.446(e)(3) (Item 3) ─ Respondent failed to at least once each calendar year, but at intervals not to exceed 15 months, verify the correct safety- related alarm set-point values and alarm descriptions when associated field instruments are calibrated or changed.#
12026008NOPV_Final Order_04302026_(23-263951)_text.pdf, page 32 These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. Compliance Actions Pursuant to 49 U.S.C. § 60118(b) and 49 CFR § 190.217, Respondent is ordered to take the actions proposed in the enclosed Notice to correct the violations. 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 CFR § 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 CFR § 190.5. ___________________________________ _________________________ Linda Daugherty Date Issued Acting Associate Administrator for Pipeline Safety#
12026008NOPV_Final Order_04302026_(23-263951)_text.pdf, page 4U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 840 Bear Tavern Road, Suite 300 West Trenton, NJ 08628 609.771.7800 NOTICE OF PROBABLE VIOLATION and PROPOSED COMPLIANCE ORDER VIA ELECTRONIC MAIL TO: matthew.lucey@pbfenergy.com March 17, 2026 Mr. Matthew Lucey Chief Executive Officer and President PBF Energy Inc. One Sylvan Way, 2nd Floor Parsippany, New Jersey 07054 CPF 1-2026-008-NOPV Dear Mr. Lucey: From December 4, 2023 to March 15, 2024 of the on-site inspection, 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.) inspected Collins Pipeline Company’s (Collins Pipeline)1 control room procedures and records in The Woodlands, Texas. As a result of the inspection, it is alleged that you have committed probable violations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected and the probable violations are: 1. § 195.446 Control room management. (a) … (e) Alarm management. Each operator using a SCADA system must have a written alarm management plan to provide for effective controller response to alarms. An operator’s plan must include provisions to: 1 Collins Pipeline Company is a subsidiary of PBF Energy, Inc.#
12026008NOPV_Final Order_04302026_(23-263951)_text.pdf, page 5CPF 1-2026-008-NOPV (1) Review SCADA safety-related alarm operations using a process that ensures alarms are accurate and support safe pipeline operations; Collins Pipeline failed to review SCADA safety-related alarm operations using a process that ensures alarms are accurate and support safe pipeline operations in accordance with section 195.446(e)(1). PHMSA’s review of the alarm management processes in Collins Pipeline’s CRM Plan sections L4.1, L6.2, L7, L10, and R7 identified several deficiencies. Notably, the CRM Plan lacked a defined methodology and process for alarm documentation and rationalization (D&R). The procedures functioned more as guidance than as detailed steps for Collins Pipeline’s alarm D&R process. The written process also failed to include provisions for establishing alarm set-points and alarm priorities. In addition, CRM Plan, section R7, referenced a master alarm database, but no such database existed at the time of inspection. Additionally, Collins Pipeline’s CRM Plan, section G7.2.9, defined three alarm priority levels which included the priority name, designated color, and audio sound for critical, high, and low alarm priorities. However, the CRM Plan had inconsistent alarm color designations. Section G.7.2.9 stated that a low alarm priority had a purple color designation, but CRM Plan, section O4.3.2 stated a low alarm priority had a teal color designation. The CRM Plan also identified and defined “Alerts.” CRM Plan, section L, appendix B stated that an alert is “[a]n audible and/or visible means of indicating to the Controller an equipment or process condition that requires awareness, and that action may be needed when time permits. Similarly, alerts are separated from the alarm system and are generally Controller-configurable,” and section A2.3 defined alert as “[a]n announcement of an event that does not necessitate speedy action; Alerts are always of lower priority than alarms and should at no time be safety related.” However, the role of alerts in the CRM Plan is unclear due to language in sections L9.7, L10 and L12 related to operator alert systems or controller alerts. The language in these sections resemble general guidance for alarm system and handling rather than a process for the use of alerts, which are supposed to be distinct from alarms. Therefore, Collins Pipeline failed to review SCADA safety-related alarm operations using a process that ensures alarms are accurate and support safe pipeline operations in accordance with section 195.446(e)(1). 2. § 195.446 Control room management. (a) … (e) Alarm management. Each operator using a SCADA system must have a written alarm management plan to provide for effective controller response to alarms. An operator’s plan must include provisions to: (1) … (2) Identify at least once each calendar month points affecting safety that have been taken off scan in the SCADA host, have had Page 2 of 7#
12026008NOPV_Final Order_04302026_(23-263951)_text.pdf, page 6CPF 1-2026-008-NOPV alarms inhibited, generated false alarms, or that have had forced or manual values for periods of time exceeding that required for associated maintenance or operating activities; Collins Pipeline failed to identify at least once each calendar month points affecting safety that have been taken off scan in the SCADA host, have had alarms inhibited, generated false alarms, or that have had forced or manual values for periods of time exceeding that required for associated maintenance or operating activities in accordance with section 195.446(e)(2). In addition, Collins Pipeline failed to have an adequate procedure to support this monthly review in accordance with section 194.446(a). Collins Pipeline’s PBF Logistics Pipeline Control Center: Control Room Management Plan, Rev- 8 (08/25/23) (CRM Plan) included multiple sections (A6.1.2, A6.5, L1, and M2.16) where it required the monthly reviews of alarms, however these sections failed to include instructions or details as to how this activity would be performed and recorded to demonstrate compliance. Collins Pipeline contracted with a third-party control room vendor to complete the monthly alarm review. Collins Pipeline downloaded alarms from its event log and provided them to the third party for review. A review of the third-party’s monthly reports for August 2021, November 2021, March 2022, April 2022 for consoles 1 and 2 showed the alarm data related to Collins Pipeline’s Key Performance Indicators. The reviewed records contained no reports or other documentation indicating any safety-related points had been taken off scan in the SCADA host, had generated false alarms, or had been left in forced or manual values for periods of time exceeding that required for associated maintenance or operating activities. Therefore, Collins Pipeline failed to identify at least once each calendar month points affecting safety that have been taken off scan in the SCADA host, have had alarms inhibited, generated false alarms, or that have had forced or manual values for periods of time exceeding that required for associated maintenance or operating activities as required by section 195.446(e)(2). 3. § 195.446 Control room management. (a) … (e) Alarm management. Each operator using a SCADA system must have a written alarm management plan to provide for effective controller response to alarms. An operator’s plan must include provisions to: (1) … (3) Verify the correct safety-related alarm set-point values and alarm descriptions when associated field instruments are calibrated or changed and at least once each calendar year, but at intervals not to exceed 15 months; Collins Pipeline failed to verify the correct safety-related alarm set-point values and alarm descriptions when associated field instruments are calibrated or changed and at least once each calendar year, but at intervals not to exceed 15 months in accordance with section 195.446(e)(3). Page 3 of 7#
12026008NOPV_Final Order_04302026_(23-263951)_text.pdf, page 7CPF 1-2026-008-NOPV Collins Pipeline’s CRM Plan included multiple sections (A6.1.4, A6.6, L1, and M2.15) where it required review of the safety-related alarms, set-point values, and alarm descriptions. However, these sections failed to include instructions or details as to how this activity would be performed and recorded to demonstrate compliance. PHMSA reviewed records for the annual verification of safety-related alarm set point values and alarm descriptions, but these records did not indicate who completed the review, when the review was completed, and whether any deficiencies were identified and corrected. In addition, Collins Pipeline failed to provide records demonstrating it had verified the same information when field instruments were calibrated or changed. Therefore, Collins Pipeline failed to verify the correct safety-related alarm set-point values and alarm descriptions when associated field instruments are calibrated or changed and at least once each calendar year, but at intervals not to exceed 15 months in accordance with section 195.446(e)(3). Proposed Civil Penalty Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed $272,926 per violation per day the violation persists, up to a maximum of $2,729,245 for a related series of violations. For violation occurring on or after December 28, 2023 and before December 30, 2024, the maximum penalty may not exceed $266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a related series of violations. For violation occurring on or after January 6, 2023 and before December 28, 2023, the maximum penalty may not exceed $257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related series of violations. For violation occurring on or after March 21, 2022 and before January 6, 2023, the maximum penalty may not exceed $239,142 per violation per day the violation persists, up to a maximum of $2,391,412 for a related series of violations. For violation occurring on or after May 3, 2021 and before March 21, 2022, the maximum penalty may not exceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a related series of violations. For violation occurring on or after January 11, 2021 and before May 3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a related series of violations. For violation occurring on or after July 31, 2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related series of violations. We have reviewed the circumstances and supporting documents involved in this case and have decided not to propose a civil penalty assessment at this time. Proposed Compliance Order With respect to Items 1, 2, and 3, pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous Materials Safety Administration proposes to issue a Compliance Order to Collins Pipeline. Please refer to the Proposed Compliance Order, which is enclosed and made a part of this Notice. Page 4 of 7#
12026008NOPV_Final Order_04302026_(23-263951)_text.pdf, page 8CPF 1-2026-008-NOPV Response to this Notice Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Enforcement Proceedings. Please refer to this document and note the response options. All material you submit in response to this enforcement action may be made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the complete original document you must provide a second copy of the document with the portions you believe qualify for confidential treatment redacted and an explanation of why you believe the redacted information qualifies for confidential treatment under 5 U.S.C. § 552(b). Following your receipt of this Notice, you have 30 days to respond as described in the enclosed Response Options. If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue a Final Order. If you are responding to this Notice, we propose that you submit your correspondence to my office within 30 days from receipt of this Notice. The Region Director may extend the period for responding upon a written request timely submitted demonstrating good cause for an extension. In your correspondence on this matter, please refer to CPF 1-2026-008-NOPV and, for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, Robert Burrough Director, Eastern Region, Office of Pipeline Safety Pipeline and Hazardous Materials Safety Administration cc: Thomas McLane, Director Logistics Regulatory Compliance, thomas.mclane@pbfenergy.com Jeff Hersperger, Sr. Operations Director, jeffrey.hersperger@pbfenergy.com Enclosures: Proposed Compliance Order Response Options for Pipeline Operators in Enforcement Proceedings Page 5 of 7#
12026008NOPV_Final Order_04302026_(23-263951)_text.pdf, page 9CPF 1-2026-008-NOPV PROPOSED COMPLIANCE ORDER Pursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to issue to Collins Pipeline Company (Collins Pipeline) a Compliance Order incorporating the following remedial requirements to ensure the compliance of Collins Pipeline with the pipeline safety regulations: A. In regard to Item 1 of the Notice pertaining to Collins Pipeline’s failure to review SCADA safety-related alarm operations using a process that ensures alarms are accurate and support safe pipeline operations, Collins Pipeline must: 1. Revise its CRM Plan to include an adequate process that ensures alarms are accurate and support safe pipeline operations. Collins Pipeline must provide the revised procedures and forms to the Director for review and approval within 90 days of receipt of the Final Order. 2. Collins Pipeline must provide documentation of its safety related alarm values and set point descriptions under the revised procedures to the Director for review within 150 days of receipt of the Final Order. B. In regard to Item 2 of the Notice pertaining to Collins Pipeline’s failure to verify the correct safety-related alarm set-point values and alarm descriptions when associated field instruments are calibrated or changed and at least once each calendar year, but at intervals not to exceed 15 months Collins Pipeline must: 1. Revise its CRM Plan to include an adequate process to conduct the set point review. Collins Pipeline must provide the revised procedures and forms to the Director for review and approval within 90 days of receipt of the Final Order. 2. Collins Pipeline must provide documentation of its alarm rationalization including alarm priorities and set points to the Director for review within 150 days of receipt of the Final Order. C. In regard to Item 3 of the Notice pertaining Collins Pipeline’s failure to identify at least once each calendar month points affecting safety that have been taken off scan in the SCADA host, have had alarms inhibited, generated false alarms, or that have had forced or manual values for periods of time exceeding that required for associated maintenance or operating activities, Collins Pipeline must: 1. Revise its CRM Plan to include an adequate process to conduct the monthly alarm review. Collins Pipeline must provide the revised procedures and forms to the Director for review and approval within 90 days of receipt of the Final Order. 2. Collins Pipeline must provide two months of records of its reviews utilizing the revised procedures and forms to the Director for review within 150 days of receipt of the Final Order. Page 6 of 7#
12026008NOPV_Final Order_04302026_(23-263951)_text.pdf, page 10CPF 1-2026-008-NOPV D. It is requested (not mandated) that Collins Pipeline maintain documentation of the safety improvement costs associated with fulfilling this Compliance Order and submit the total to Robert Burrough, Director, Eastern Region, Pipeline and Hazardous Materials Safety Administration. It is requested that these costs be reported in two categories: 1) total cost associated with preparation/revision of plans, procedures, studies and analyses, and 2) total cost associated with replacements, additions and other changes to pipeline infrastructure. Page 7 of 7#
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