{"operation":"document","citation":"CPF 220051007","title":"GEORGIA-PACIFIC CONSUMER — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-01-31","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.805.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051007.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051007.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051007","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220051007","body":"Notice of Probable Violation involving GEORGIA-PACIFIC CONSUMER. PHMSA's enforcement data identifies the cited regulation as 192.805. The case was opened on 2005-01-31 and is reported as closed as of 2006-02-16. Proposed civil penalty: $5,000. Assessed civil penalty: $5,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220051007_Final Order_09012005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051007/220051007_Final%20Order_09012005.pdf\n\n220051007_final order_09012005_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051007/220051007_final%20order_09012005_text.pdf\n\ncpf_220051007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051007/cpf_220051007.pdf\n\n220051007_final order_09012005_text.pdf\n\nU 5 Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\n400 Seventh Street, S W\nWashington, D C 20590\nSEP — 1 2005\nMr Charles Hodges\nSenior Vice President\nSouthern Region\nGeorgia-Pacific, Crossett Paper Operations\nP 0 Box 333\nCorssett, AR 71635\nRE CPF No 2-2005-1007\nDear Mr Hodges\nEnclosed is the Final Order issued by the Associate Administrator for Pipehne Safety in the\nabove-referenced case It makes a finding of violation, assesses a civil penalty of $5, 000 and\nrequires certain corrective action The penalty payment terms are set forth in the Final Order When\nthe civil penalty is paid and the terms of the compliance order are completed, as determined by the\nDirector Southern Region, this enforcement action will be closed Your receipt of this Final Order\nconstitutes service of that document under 49 C F R I'1 190 5\nSincerely,\nJames Reynolds\nPipehne Compltance Registry\nOffice of Pipehne Safety\nEnclosure\ncc Ms Linda Daugherty, Director, Southern Region, OPS ~~etEi~gg cpp y 9 m%\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of )\nGeorgia-Pacific, Crossett Paper Operations, )\n)\n)\nRespondent. )\nCPF No. 2-2005-1007\nFINAL ORDER\nOn October 5-7, 2004, pursuant to 49 U S C (J' 60117, representatives of the Office of Pipeline\nSafety (OPS), Southern Region, conducted an inspection of Respondent's Operator Qualification\nPlan at its Crossett, Arkansas facihty As a result of the mspection, the Director, Southern Region,\nOPS, issued to Respondent, by letter dated January 31, 2005, a Notice of Probable Violation,\nProposed Civil Penalty and Proposed Comphance Order (Notice)' In accordance with 49 C F R\n$ 190 207, the Notice proposed finding that Respondent had violated 49 C F R IJ 192 805, proposed\nassessing a civil penalty of $5, 000 for the alleged violation and proposed that Respondent take\ncertain measures to correct the alleged violation\nRespondent responded to the Notice by letter dated, March 4, 2005 (Response) Respondent\ncontested the allegation of violation and provided information concermng the corrective actions it\nhas taken Respondent did not request a heanng, and therefore has waived its right to one\nFINDINGS OF VIOLATION\nItem 1 of the Notice alleged that Respondent violated 49 C F R )192 805(b), by not having a written\nquahfication program with provisions to ensure through evaluation that individuals performing\ncovered tasks are qualified, as Respondent's evaluations do not address abnormal operating\nconditions by task or generically\nIn response to the Notice, Respondent submitted a revised Operator Qualification Plan dated January\n6 2005 and a document addressing Operator Qualification (OQ) traming of its personnel\nt 1\n' This case, however, is no longer before RSPA for decision Effecnve February 20, 2005, the Pipelme and Hazardous\nMatena la Safety Adnumstranon (PHMSA) was created to further the lughest degree of safety m pip elme transportation\nand hazardous matenals transportation See, section 108 of the Norman Y Miners Research and Special Programs\nImprovement Aci (Public Law 108-426, 118 Stat 2423-2429 (November 30, 2004)) See also, 70 Fed Reg 8299\n(February 18, 2005) redelegatmg the pipeline safety functions ro the Adnunistrator, PHMSA\n\n\n\nRespondent advised that it has fully implemented the items in the proposed compliance order\nRespondent contended that it began to revamp its wntten program in Apnl 2001 and changed the\nlanguage in November 2004 to make certain all rules and regulations were adequately and\ncompletely covered m its OQ manual\nA review of Respondent's submission demonstrates that Respondent has estabhshed Abnormal\nOperating Conditions(AOC) for its OQ tasks and trained their personnel under its revised OQ Plan\nand AOCs However, Respondent failed to demonstrate that its personnel has been quahfied on the\nAOCs of the revised OQ Plan By definition, a person is qualified when he)she can perform the task\nand recogmze and react to abnormal operating conditions Accordmgly, 1 find that Respondent\nviolated 49 C F R $192 805(b), as Respondent fiuled to demonstrate that individuals performing\ncovered tasks are quahfied to recognize and react to abnormal operating conditions\nASSESSMENT OF PENALTY\nUnder 49 U S C $ 60122, Respondent is sub]ect to a civil penalty not to exceed $100, 000 per\nviolation for each day of the violation up to a maximum of $1, 000, 000 for any related series of\nviolations\n49 U S C 1) 60122 and 49 C F R 1) 190 225 reqmre that, in determnung the amount of the civil\npenalty, I consider the following criteria nature, circumstances, and gravity of the violation, degree\nof Respondent's culpabihty, history of Respondent's prior offenses, Respondent's abihty to pay the\npenalty, good faith by Respondent in attemptmg to achieve compliance, the effect on Respondent's\nabihty to continue in business, and such other matters as)ustice may require\nThe Notice in Item I proposed a civil penalty of $5, 000 for violation of 49 C F R ) 192 805, as\nRespondent failed to have a written qualification program with provisions to ensure through\nevaluation that individuals performmg covered tasks are quahfied Respondent argued that it had\nmet the reqmrement of 49 C F R 1) 192 805 and subnutted its revised OQ Plan Respondent also\nrequested that the proposed civil penalty be elumnated or reduced as much of its operation and\nmaintenance is performed by Centerpoint Energy (Centerpomt) under Centerpoint's quahfication\nplan Respondent contended that its personnel quahfied under it's OQ plan only perform limited\ntasks on the pipehne\nAlthough Respondent argued that Centerpoint performs much of its operation and maintenance,\nRespondent is ultimately responsible for its facility's comphance with pipehne safety regulations\nWhile Respondent has demonstrated that it has established Abnormal Operating Conditions(AOC)\nfor its OQ tasks and trained their personnel under its revised OQ Plan with AOCs Federal\nregulations requne that Respondent's personnelperforirung covered tasks are qualified and recogmze\nand react to abnormal operating condit:ons Respondent fat!ed to demonstrate that its personne has\nbeen quahfied under its revised OQ Plan to respond to AOCs on its pipeline An inadequate or\nincorrect response to an AOC by Respondent could result m a pipehne accident or increase the\nseventy of accident consequences Respondent has not provided any evidence that would1ustify\n\n\n\nelinunation of the proposed civil penalty Accordmgly, having reviewed the record and considered\nthe assessment cntena, I assess Respondent a civil penalty of $5, 000, for violation of 49 C F R\n)192 805(b)\nPayment of the civil penalty must be made within 20 days of service Payment may be made by\nsending a certified check or money order (containing the CPF Number for this case) payable to\n\"U S Department of Transportation\" to the Federal Aviation Administration, Mike Monroney\nAeronautical Center, Financial Operations Division (AMZ-120), P 0 Box 25082, Oklahoma City,\nOK 73125\nFederal regulations (49 C F R $ 89 21(b)(3)) also permit this payment to be made by wire transfer,\nthrough the Federal Reserve Communications System (Fedwire), to the account of the U S Treasury\nDetailed instructions are contained in the enclosure Questions concerning wire transfers should be\ndirected to Financial Operations Division (AMZ-120), Federal Aviation Adimnistration, Mike\nMonroney Aeronautical Center, P 0 Box 25082, Oklahoma City, OK 73125, (405) 954-8893\nFailure to pay the $5, 000 civil penalty will result in accrual of interest at the current annual rate in\naccordancewith31U S C 1'l 3717, 31 C F R 1'l 901 9and49 C F R t'l 89 23 Pursuant tothose same\nauthonties, a late penalty charge of six percent (6%) per annum will be charged if payment is not\nmade within 110 days of service Furthermore, failure to pay the civil penalty may result in referral\nof the matter to the Attorney General for appropriate action m an United States Distnct Court\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 for violation of 49 C F R\ntl 192 805(b) Respondent submitted information to show that it has addressed the first item in the\nProposed Compliance Order\nUnder 49 U S C t'l 60118(a), each person who engages m the transportation o fhazardous gas or who\nowns or operates a pipeline facihty is required to comply with the applicable safety standards\nestablished under chapter 601 Pursuant to the authonty of 49 U S C $ 60118(b) and 49 C F R\n$ 190 217, Respondent is ordered to take the following actions to ensure compliance with the\npipeline safety regulations applicable to its operations Respondent must-\nI Subnut documentation to show that each employee is quahfied as per the revised\nOperator Quahfication Plan and abnormal operating conditions Complete this item\nwithin 90 days of receipt of this Order\n2 Submit documentation and evidence of completion of Item 1 to Ms Linda\nDaugherty, Director, OPS, Southern Region, Pipelme and Hazardous Matenals\nSafety Administration, 233 Peachtree Street, Suite 600, Atlanta, GA 30303\n\n\n\nThe Director, OPS, Southern Region may grant an extension of nme for compliance with any of the\nterms of this order for good cause A request for an extension must be m writing and adequately\nlusttfies the reasons for the extension\nFailure to comply with this Final Order may result in the assessment of civil penalties of up to\n$100, 000 per violation per day, or in the referral of the case for ludhcial enforcement\nUnder 49 C F R $ 190 215, Respondent has a nght to subnnt a Petition for Reconsideration of tins\nFinal Order The petition must be received withm 20 days of Respondent's receipt of this Final\nOrder and must contain a brief statement of the issue(s) The fihng of the petition automatically\nstays the payment of any civil penalty assessed All other terms of the order, including any required\ncorrective action, remain in full effect unless the Associate Administrator, upon request, grants a\nstay The terms and conditions of th!s Final Order are effective on receipt\nSEe -1 200;\nDate Issued\nSt ce Gerard\nAs oc ate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":11068}