# GEORGIA-PACIFIC CONSUMER — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

220051007_Final Order_09012005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051007/220051007_Final%20Order_09012005.pdf

220051007_final order_09012005_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051007/220051007_final%20order_09012005_text.pdf

cpf_220051007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051007/cpf_220051007.pdf

220051007_final order_09012005_text.pdf

U 5 Department
of Transportation
Pipeline and
Hazardous Materials Safety
Administration
400 Seventh Street, S W
Washington, D C 20590
SEP — 1 2005
Mr Charles Hodges
Senior Vice President
Southern Region
Georgia-Pacific, Crossett Paper Operations
P 0 Box 333
Corssett, AR 71635
RE CPF No 2-2005-1007
Dear Mr Hodges
Enclosed is the Final Order issued by the Associate Administrator for Pipehne Safety in the
above-referenced case It makes a finding of violation, assesses a civil penalty of $5, 000 and
requires certain corrective action The penalty payment terms are set forth in the Final Order When
the civil penalty is paid and the terms of the compliance order are completed, as determined by the
Director Southern Region, this enforcement action will be closed Your receipt of this Final Order
constitutes service of that document under 49 C F R I'1 190 5
Sincerely,
James Reynolds
Pipehne Compltance Registry
Office of Pipehne Safety
Enclosure
cc Ms Linda Daugherty, Director, Southern Region, OPS ~~etEi~gg cpp y 9 m%
CERTIFIED MAIL - RETURN RECEIPT RE UESTED



DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
In the Matter of )
Georgia-Pacific, Crossett Paper Operations, )
)
)
Respondent. )
CPF No. 2-2005-1007
FINAL ORDER
On October 5-7, 2004, pursuant to 49 U S C (J' 60117, representatives of the Office of Pipeline
Safety (OPS), Southern Region, conducted an inspection of Respondent's Operator Qualification
Plan at its Crossett, Arkansas facihty As a result of the mspection, the Director, Southern Region,
OPS, issued to Respondent, by letter dated January 31, 2005, a Notice of Probable Violation,
Proposed Civil Penalty and Proposed Comphance Order (Notice)' In accordance with 49 C F R
$ 190 207, the Notice proposed finding that Respondent had violated 49 C F R IJ 192 805, proposed
assessing a civil penalty of $5, 000 for the alleged violation and proposed that Respondent take
certain measures to correct the alleged violation
Respondent responded to the Notice by letter dated, March 4, 2005 (Response) Respondent
contested the allegation of violation and provided information concermng the corrective actions it
has taken Respondent did not request a heanng, and therefore has waived its right to one
FINDINGS OF VIOLATION
Item 1 of the Notice alleged that Respondent violated 49 C F R )192 805(b), by not having a written
quahfication program with provisions to ensure through evaluation that individuals performing
covered tasks are qualified, as Respondent's evaluations do not address abnormal operating
conditions by task or generically
In response to the Notice, Respondent submitted a revised Operator Qualification Plan dated January
6 2005 and a document addressing Operator Qualification (OQ) traming of its personnel
t 1
' This case, however, is no longer before RSPA for decision Effecnve February 20, 2005, the Pipelme and Hazardous
Matena la Safety Adnumstranon (PHMSA) was created to further the lughest degree of safety m pip elme transportation
and hazardous matenals transportation See, section 108 of the Norman Y Miners Research and Special Programs
Improvement Aci (Public Law 108-426, 118 Stat 2423-2429 (November 30, 2004)) See also, 70 Fed Reg 8299
(February 18, 2005) redelegatmg the pipeline safety functions ro the Adnunistrator, PHMSA



Respondent advised that it has fully implemented the items in the proposed compliance order
Respondent contended that it began to revamp its wntten program in Apnl 2001 and changed the
language in November 2004 to make certain all rules and regulations were adequately and
completely covered m its OQ manual
A review of Respondent's submission demonstrates that Respondent has estabhshed Abnormal
Operating Conditions(AOC) for its OQ tasks and trained their personnel under its revised OQ Plan
and AOCs However, Respondent failed to demonstrate that its personnel has been quahfied on the
AOCs of the revised OQ Plan By definition, a person is qualified when he)she can perform the task
and recogmze and react to abnormal operating conditions Accordmgly, 1 find that Respondent
violated 49 C F R $192 805(b), as Respondent fiuled to demonstrate that individuals performing
covered tasks are quahfied to recognize and react to abnormal operating conditions
ASSESSMENT OF PENALTY
Under 49 U S C $ 60122, Respondent is sub]ect to a civil penalty not to exceed $100, 000 per
violation for each day of the violation up to a maximum of $1, 000, 000 for any related series of
violations
49 U S C 1) 60122 and 49 C F R 1) 190 225 reqmre that, in determnung the amount of the civil
penalty, I consider the following criteria nature, circumstances, and gravity of the violation, degree
of Respondent's culpabihty, history of Respondent's prior offenses, Respondent's abihty to pay the
penalty, good faith by Respondent in attemptmg to achieve compliance, the effect on Respondent's
abihty to continue in business, and such other matters as)ustice may require
The Notice in Item I proposed a civil penalty of $5, 000 for violation of 49 C F R ) 192 805, as
Respondent failed to have a written qualification program with provisions to ensure through
evaluation that individuals performmg covered tasks are quahfied Respondent argued that it had
met the reqmrement of 49 C F R 1) 192 805 and subnutted its revised OQ Plan Respondent also
requested that the proposed civil penalty be elumnated or reduced as much of its operation and
maintenance is performed by Centerpoint Energy (Centerpomt) under Centerpoint's quahfication
plan Respondent contended that its personnel quahfied under it's OQ plan only perform limited
tasks on the pipehne
Although Respondent argued that Centerpoint performs much of its operation and maintenance,
Respondent is ultimately responsible for its facility's comphance with pipehne safety regulations
While Respondent has demonstrated that it has established Abnormal Operating Conditions(AOC)
for its OQ tasks and trained their personnel under its revised OQ Plan with AOCs Federal
regulations requne that Respondent's personnelperforirung covered tasks are qualified and recogmze
and react to abnormal operating condit:ons Respondent fat!ed to demonstrate that its personne has
been quahfied under its revised OQ Plan to respond to AOCs on its pipeline An inadequate or
incorrect response to an AOC by Respondent could result m a pipehne accident or increase the
seventy of accident consequences Respondent has not provided any evidence that would1ustify



elinunation of the proposed civil penalty Accordmgly, having reviewed the record and considered
the assessment cntena, I assess Respondent a civil penalty of $5, 000, for violation of 49 C F R
)192 805(b)
Payment of the civil penalty must be made within 20 days of service Payment may be made by
sending a certified check or money order (containing the CPF Number for this case) payable to
"U S Department of Transportation" to the Federal Aviation Administration, Mike Monroney
Aeronautical Center, Financial Operations Division (AMZ-120), P 0 Box 25082, Oklahoma City,
OK 73125
Federal regulations (49 C F R $ 89 21(b)(3)) also permit this payment to be made by wire transfer,
through the Federal Reserve Communications System (Fedwire), to the account of the U S Treasury
Detailed instructions are contained in the enclosure Questions concerning wire transfers should be
directed to Financial Operations Division (AMZ-120), Federal Aviation Adimnistration, Mike
Monroney Aeronautical Center, P 0 Box 25082, Oklahoma City, OK 73125, (405) 954-8893
Failure to pay the $5, 000 civil penalty will result in accrual of interest at the current annual rate in
accordancewith31U S C 1'l 3717, 31 C F R 1'l 901 9and49 C F R t'l 89 23 Pursuant tothose same
authonties, a late penalty charge of six percent (6%) per annum will be charged if payment is not
made within 110 days of service Furthermore, failure to pay the civil penalty may result in referral
of the matter to the Attorney General for appropriate action m an United States Distnct Court
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 1 for violation of 49 C F R
tl 192 805(b) Respondent submitted information to show that it has addressed the first item in the
Proposed Compliance Order
Under 49 U S C t'l 60118(a), each person who engages m the transportation o fhazardous gas or who
owns or operates a pipeline facihty is required to comply with the applicable safety standards
established under chapter 601 Pursuant to the authonty of 49 U S C $ 60118(b) and 49 C F R
$ 190 217, Respondent is ordered to take the following actions to ensure compliance with the
pipeline safety regulations applicable to its operations Respondent must-
I Subnut documentation to show that each employee is quahfied as per the revised
Operator Quahfication Plan and abnormal operating conditions Complete this item
within 90 days of receipt of this Order
2 Submit documentation and evidence of completion of Item 1 to Ms Linda
Daugherty, Director, OPS, Southern Region, Pipelme and Hazardous Matenals
Safety Administration, 233 Peachtree Street, Suite 600, Atlanta, GA 30303



The Director, OPS, Southern Region may grant an extension of nme for compliance with any of the
terms of this order for good cause A request for an extension must be m writing and adequately
lusttfies the reasons for the extension
Failure to comply with this Final Order may result in the assessment of civil penalties of up to
$100, 000 per violation per day, or in the referral of the case for ludhcial enforcement
Under 49 C F R $ 190 215, Respondent has a nght to subnnt a Petition for Reconsideration of tins
Final Order The petition must be received withm 20 days of Respondent's receipt of this Final
Order and must contain a brief statement of the issue(s) The fihng of the petition automatically
stays the payment of any civil penalty assessed All other terms of the order, including any required
corrective action, remain in full effect unless the Associate Administrator, upon request, grants a
stay The terms and conditions of th!s Final Order are effective on receipt
SEe -1 200;
Date Issued
St ce Gerard
As oc ate Administrator
for Pipeline Safety
- **truncated:** false
- **body characters:** 11068