{"operation":"document","citation":"CPF 220076006W","title":"SOUTH WILMINGTON-PIPELINE — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-04-18","effective_on":null,"summary":"CLOSED warning letter citing 195.402(c)(13), 195.403, 195.403(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220076006w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220076006w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220076006w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220076006W","body":"Warning Letter involving SOUTH WILMINGTON-PIPELINE. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(13),  195.403,  195.403(c). The case was opened on 2007-04-18 and is reported as closed as of 2007-04-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220076006W_Warning letter_04182007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220076006W/220076006W_Warning%20letter_04182007.pdf\n\n220076006W_Warning letter_04182007.pdf\n\n@\nU.S. Deportment\nof Tronsportolion\nPlpellne ond\nHqzoldous Motedols sofety\nAdminlstrotion\n233 Peachtree Sheet Ste.600\nAtlanta. GA 30303\nWARNING LETTER\nCERTIFIED MAIL. RETURN RECEIPT REOUESTED\nApril 18,2007\nMr. Dan McCunn\nGeneral Manager, East Terminals\nVopak Terminals, South Wilmington Pipeline\nCanada Inc.\n5378 est, rue Notre Dame\nMontreal, Que. HIM 2C4\ncPF 2-2007-6006W\nDear Mr. McCunn:\nOn November 28 - 30, 2005, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nSouth Wilmington Pipeline facilities and records in Wilmington, North Carolina.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations Title 49, Code of Federal Regulations. The items inspected and the\nprobable violations are:\n1. $195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following to provide safety during maintenance\nand normal operations:\n(13) Periodically reviewing the work done by operator personnel to determine the\neffectiveness of the procedures used in normal operation and maintenance and taking\ncorrective action where deficiencies are found.\n\n\n\nSouth Wilmington did not provide a record verifying periodic review of personnel work normal\nO&M. On 14 March 2006, PHMSA received a record from South Wilmington noting that the\ncompany's procedures have been updated to allow for record keeping of these reviews.\n2. $195.403 Emergency response training.\n(c) Each operator shall require and verify that its supervisors maintain a thorough\nknowledge of that portion of the emergency response procedures established under\n$195.402 for which they are responsible to ensure compliance.\nSouth Wilmington did not provide a record verifying that its supervisors maintain a thorough\nknowledge of that portion of the emergency response procedures established under 195.402 for\nwhich they are responsible. On 14 March 2006, PHMSA received a response from South\nWilmington addressing this regulation. South Wilmington's response received did not satisfy\nthe requirements of the regulation.\n3. $195.403 Emergency response training.\n(a) Each operator shall establish and conduct a continuing training program to instruct\nemergency response personnel to:\n(1) Carry out the emergency procedures established under 5195.402 that relate to their\nassignmentsl\n(2) Know the characteristics and hazards of the hazardous liquids or carbon dioxide\ntransported, including, in case of flammable HVL, flammability of mixtures with air,\nodorless vapors, and water reactions;\n(3) Recognize conditions that are likely to cause emergencies, predict the consequences of\nfacility malfunctions or failures and hazardous liquid or carbon dioxide spills, and to take\nappropriate corrective action ;\n(4) Take steps necessary to control any accidental release of hazardous liquid or carbon\ndioxide and to minimize the potential for fire, explosion, toxicity, or environmental\ndamage; and\n(5) Learn the potential causes, fpes, sizes, and consequences of fire and the appropriate\nuse of portable fire extinguishers and other on-site fire control equipment, involving,\nwhere feasible, a simulated pipeline emergency condition.\n(b) At intervals not exceeding 15 months, but at least once each calendar year, each\noperator shall:\n(l) Review with personnel their performance in meeting the objectives of the emergency\nresponse training program set forth in paragraph (a) ofthis section; and\n(2) Make appropriate changes to the emergency response training program as necessary\nto insure that it is effective.\nSouth Wilmington did not provide a record verifying a continuing training program to instruct\nemergency response personnel in the emergency procedures applicable to each employee in\n\n\n\n195.402(e) and emergency response training in 195.403(a). On l4 March 2006, PHMSA\nreceived some training records from South Wilmington. These records did not satisfu the\nrequirements of the regulation.\nSouth Wilmingtorr Jid not provide a record verifying the following: (a) employees'\nperformance in meeting the objectives of the employee training program were reviewed with\nthem annually; (b) employee training program was reviewed for its effectiveness and with\nappropriate changes made to the program if necessary to strengthen the program's\neffectiveness.\nUnder 49 United States Code, $ 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violations persists up to a maximum of $1,000,000\nfor any related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement action\nor penalty assessment proceedings at this time. We advise you to correct the items identified in\nthis letter. Failure to do so will result in South Wilmington Pipeline being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 2-2007-6006W. 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\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\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nDirector, Southem Region\nPipeline and Hazardous Materials Safety Adminishation","truncated":false,"body_characters":6338}