{"operation":"document","citation":"CPF 22024011NOPV","title":"COLONIAL PIPELINE CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":"2024-06-18","effective_on":null,"summary":"OPEN notice of probable violation citing 194.121(b)(6), 195.222(b), 195.402(a), 195.412(a), 195.414(a), 195.452(j)(5)(i), 195.571, 195.573(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-22024011nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-22024011nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-22024011nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/22024011NOPV","body":"Notice of Probable Violation involving COLONIAL PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 194.121(b)(6),  195.222(b),  195.402(a),  195.412(a),  195.414(a),  195.452(j)(5)(i),  195.571,  195.573(c). The case was opened on 2024-06-18 and is reported as open. Proposed civil penalty: $52,800. Assessed civil penalty: $52,800. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n22024011NOPV_Final Order_08062025_(22-235530).pdf: https://primis.phmsa.dot.gov/enforcement-documents/22024011NOPV/22024011NOPV_Final%20Order_08062025_(22-235530).pdf\n\n22024011NOPV_Final Order_08062025_(22-235530)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/22024011NOPV/22024011NOPV_Final%20Order_08062025_(22-235530)_text.pdf\n\n22024011NOPV_Operators Response to Notice_08062024_(22-235530).pdf: https://primis.phmsa.dot.gov/enforcement-documents/22024011NOPV/22024011NOPV_Operators%20Response%20to%20Notice_08062024_(22-235530).pdf\n\n22024011NOPV_PCP PCO (AMENDED)_07092024_(22-235530).pdf: https://primis.phmsa.dot.gov/enforcement-documents/22024011NOPV/22024011NOPV_PCP%20PCO%20(AMENDED)_07092024_(22-235530).pdf\n\n22024011NOPV_PCP PCO (AMENDED)_07092024_(22-235530)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/22024011NOPV/22024011NOPV_PCP%20PCO%20(AMENDED)_07092024_(22-235530)_text.pdf\n\n22024011NOPV_PCP PCO_06182024_(22-235530).pdf: https://primis.phmsa.dot.gov/enforcement-documents/22024011NOPV/22024011NOPV_PCP%20PCO_06182024_(22-235530).pdf\n\n22024011NOPV_PCP PCO_06182024_(22-235530)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/22024011NOPV/22024011NOPV_PCP%20PCO_06182024_(22-235530)_text.pdf\n\n22024011NOPV_Final Order_08062025_(22-235530)_text.pdf\n\nAugust 6, 2025\nVIA ELECTRONIC MAIL TO: MLittle@colpipe.com\nMs. Melanie Little\nPresident, Chief Executive Officer\nColonial Pipeline Company\nP.O. Box 1624\nAlpharetta, GA 30009-9934\nRe: CPF No. 2-2024-011-NOPV\nDear Ms. Little:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and assesses a civil penalty of $52,800. PHMSA acknowledges receipt of payment of\nthe full penalty amount, by wire transfer, dated August 16, 2024. When the terms of the\ncompliance order are completed, as determined by the Director, Southern Region, this enforcement\naction will be closed. Service of the Final Order by e-mail is effective upon the date of\ntransmission and acknowledgement of receipt as provided under 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nActing Associate Administrator\nfor Pipeline Safety\nEnclosure\ncc: James Urisko, Director, Southern Region, Office of Pipeline Safety\nAdam Wolfe, Vice President, Operations, Colonial Pipeline Company,\nawolfe@colpipe.com\n\n\n\nQuintin Frazier, Director, Pipeline Compliance, Colonial Pipeline Company,\nqfrazier@colpipe.com\nDenise Langley, Senior Compliance Specialist, Colonial Pipeline Company,\ndlangley@colpipe.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nColonial Pipeline Co., ) CPF No. 2-2024-011-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom February 14, 2022 through February 17, 2023, pursuant to 49 U.S.C. § 60117,\nrepresentatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office\nof Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of the facilities and\nrecords of Colonial Pipeline Company (Colonial or Respondent) in New Jersey, Maryland, Texas,\nGeorgia, Louisiana, North Carolina, Tennessee, Mississippi, South Carolina, Alabama, and New\nYork.\nAs a result of the inspection, the Director, Southern Region, OPS (Director), issued to Respondent,\nby letter dated June 18, 2024, a Notice of Probable Violation, Proposed Civil Penalty, and\nProposed Compliance Order. On July 9, 2024, the Director issued to Respondent an Amended\nNotice of Probable Violation, Proposed Civil Penalty, and Proposed Compliance Order (Notice)\nwhich corrected certain discrepancies in the calculation of the proposed civil penalty. In\naccordance with 49 C.F.R. § 190.207, the Notice proposed finding that Colonial had violated 49\nC.F.R. § 195.571, proposed assessing a civil penalty of $52,800 for the alleged violation, and\nproposed ordering Respondent to take certain measures to correct the alleged violation. The Notice\nalso included an additional seven warning items pursuant to 49 C.F.R. § 190.205, which warned\nRespondent to correct the probable violations or face possible future enforcement action.\nColonial responded to the Notice by letter dated August 6, 2024 (Response). Colonial did not\ncontest the allegation of violation, offered additional information in response to the Notice, and\nrequested that one of the warning items be withdrawn. On August 16, 2024, Colonial paid the\nproposed civil penalty of $52,800.\n\n\n\nFINDING OF VIOLATION\nIn its Response, Colonial did not contest the allegation in the Notice that it violated 49 CFR Part\n195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.571, which states:\n§ 195.571 What criteria must I use to determine the adequacy of cathodic\nprotection?\nCathodic protection required by this subpart must comply with one or more\nof the applicable criteria and other considerations for cathodic protection\ncontained paragraphs 6.2.2, 6.2.3, 6.2.4, 6.2.5 and 6.3 in NACE SP 0169\n(incorporated by reference, see § 195.3).\nThe Notice alleged that Respondent violated 49 CFR § 195.571 by failing to demonstrate that it\ncomplied with applicable criteria for cathodic protection. Specifically, the Notice alleged that\nColonial did not comply with the criteria and other considerations for cathodic protection as\nrequired in Paragraph 6.2.2 of NACE SP 0169, incorporated by reference per § 195.3.\nRespondent did not contest this allegation of violation.1 In its Response, Colonial provided\nadditional information about its cathodic protection testing procedures and asserted the violation\ndid not increase the risk of a release from external corrosion.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated 49 CFR\n§ 195.571 by failing to demonstrate that it complied with applicable criteria for cathodic\nprotection.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty exceeding\n$200,000 per violation for each day of the violation, with a maximum administrative civil penalty\nexceeding $2,000,000 for any related series of violations.2\nIn determining the amount of a civil penalty under 49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I\nmust consider the following criteria: the nature, circumstances, and gravity of the violation,\nincluding adverse impact on the environment; the degree of Respondent’s culpability; the history\nof Respondent’s prior offenses; any effect that the penalty may have on its ability to continue doing\nbusiness; the good faith of Respondent in attempting to comply with the pipeline safety\n1 Respondent stated that it “does not contest ANOPV Item Nos. 1-7, including the PCO and the civil penalty amount\nassociated with ANOPV Item No. 1.” Response at 1.\n2 These amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223 for adjusted amounts.\n\n\n\nregulations; and self-disclosure or actions to correct a violation prior to discovery by PHMSA. In\naddition, I may consider the economic benefit gained from the violation without any reduction\nbecause of subsequent damages, and such other matters as justice may require. The Notice\nproposed a total civil penalty of $52,800 for the violation cited above.\nItem 1: The Notice proposed a civil penalty of $52,800 for Respondent’s violation of 49 CFR\n§ 195.571, for failing to demonstrate that it complied with applicable criteria for cathodic\nprotection. Colonial neither contested the allegation nor presented any evidence or argument\njustifying a reduction in or elimination of the proposed penalty. Accordingly, having reviewed the\nrecord and considered the assessment criteria, I assess Respondent a civil penalty of $52,800 for\nviolation of 49 CFR § 195.571.\nIn summary, having reviewed the record and considered the assessment criteria for each of the\nItems cited above, I assess Respondent a total civil penalty of $52,800, which was paid in full by\nwire transfer on August 16, 2024.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violation of 49\nCFR § 195.571. Under 49 U.S.C. § 60118(a), each person who engages in the transportation of\nhazardous liquids or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. Pursuant to the authority of 49 U.S.C.\n§ 60118(b) and 49 CFR § 190.217, Respondent is ordered to take the following actions to ensure\ncompliance with the pipeline safety regulations applicable to its operations:\n1. With respect to the violation of § 195.571 (Item 1):\na. Colonial must revise its written plans and procedures to incorporate the\ncriteria described in Paragraph 6.2.2 of the NACE SP 0169 standard.\nSpecifically, revised procedures must account for voltage drop in order to\ndemonstrate that Colonial has met the requirements of the -0.850V and/or\n100mV criteria. Colonial must submit its revised written plans and\nprocedures to the Director, PHMSA’s Office of Pipeline Safety (OPS),\nSouthern Region (Director), within 30 days of receipt of the Final Order\nfor approval.\nb. Colonial must apply its approved procedure and conduct pipe-to-soil\nsurveys at the Port Arthur Products Junction and the Herbert Pump\nStation. The results of this survey must be submitted to the Director\nwithin 60 days of receipt of the written plans and procedures approval.\nc. If any deficiencies are noted during the survey described above, where the\ncriteria described in Paragraph 6.2.2 of the NACE SP 0169 standard\nand/or Colonial’s approved procedures are not met, Colonial must submit\nan Action Plan to correct the deficiencies for approval to the Director\nwithin 90 days of receipt of the written plans and procedures approval.\nThe Action Plan must include a time-to-completion for any required\nactions.\nd. Colonial must submit the results of the Action Plan to the Director within\n\n\n\n10 days of its completion in accordance with the approved time-to-\ncompletion. The results of the Action Plan must include a post-action\npipe-to-soil survey of the deficient areas that demonstrate Colonial has\nmet the requirements of Paragraph 6.2.2 of the NACE SP 0169 standard\nand/or Colonial’s approved procedures.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nPHMSA requests that Respondent maintain documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to the Director. It is requested\nthat these costs be reported in two categories: (1) total cost associated with preparation/revision of\nplans, procedures, studies and analyses; and (2) total cost associated with replacements, additions\nand other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nexceeding $200,000, as adjusted for inflation (see 49 CFR § 190.223 for adjusted amounts), for\neach violation for each day the violation continues or in referral to the Attorney General for\nappropriate relief in a district court of the United States.\nWARNING ITEMS\nWith respect to Items 2, 3, 4, 5, 6, 7, and 8, the Notice alleged probable violations of Part 195, but\nidentified them as warning items pursuant to § 190.205. The warnings were for:\n49 C.F.R. § 195.222(b)(1) (Item 2) ─ Respondent’s alleged use of a welder to\nperform a welding process when the welder did not engage in welding with that\nprocess within the preceding 6 months;\n49 C.F.R. § 194.121(b)(6) (Item 3) ─ Respondent’s alleged failure to\nimmediately modify its response plan to address a new or different operating\ncondition and submit the change to PHMSA within 30 days;\n49 C.F.R. § 195.402(a) (Item 4) ─ Respondent’s alleged failure to follow its\nmanual of written procedures in conducting normal operations and maintenance\nactivities;\n49 C.F.R. § 195.412(a) (Item 5) ─ Respondent’s alleged failure to inspect the\nsurface condition on or adjacent to each pipeline right-of-way using an\nappropriate means of traversing the right-of-way;\n49 C.F.R. § 195.573(c) (Item 6) ─ Respondent’s alleged failure to electrically\ncheck for the proper performance of each rectifier at least six times each calendar\nyear, but with intervals not exceeding 2 ½ months;\n\n\n\n49 C.F.R. § 195.452(j)(5)(i) (Item 7) ─ Respondent’s alleged failure to meet the\nregulatory requirements for conducting an In-Line Inspection (ILI) as a means of\nassessing the integrity of line pipe.\nIf OPS finds a violation of any of these items in a subsequent inspection, Respondent may be\nsubject to future enforcement action.\nThe Notice also included a warning item (Item 8) which alleged that Colonial violated 49 C.F.R.\n§ 195.414(a) because it could not provide documentation to support that it had inspected all\npotentially affected pipeline facilities to detect conditions that could adversely affect the safe\noperation of that pipeline following an extreme weather event. In its Response, Colonial requested\nwithdrawal of Item 8, because, upon receiving the Post-Inspection Preliminary Findings Report, it\nlocated inspection records associated with Hurricane Ian and provided those records to PHMSA.\nIn a recommendation for final action submitted pursuant to § 190.209(b)(7), the Director\nrecommended withdrawing the warning item. Accordingly, I hereby order that Item 8 be\nwithdrawn.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address. The written petition must be received no later than\n20 days after receipt of the Final Order by Respondent. Any petition submitted must contain a\nstatement of the issue(s) and meet all other requirements of 49 C.F.R. § 190.243. The filing of a\npetition automatically stays the payment of any civil penalty assessed. The other terms of the\norder, including corrective action, remain in effect unless the Associate Administrator, upon\nrequest, grants a stay. The terms and conditions of this Final Order are effective upon service in\naccordance with 49 C.F.R. § 190.5.\n___________________________________ __________________________\nLinda Daugherty Date Issued\nActing Associate Administrator\nfor Pipeline Safety\n\n22024011NOPV_PCP PCO (AMENDED)_07092024_(22-235530)_text.pdf\n\nAMENDED NOTICE OF PROBABLE VIOLATION\nPROPOSED CIVIL PENALTY\nand\nPROPOSED COMPLIANCE ORDER\nVIA ELECTRONIC MAIL TO: mlittle@colpipe.com; qfrazier@colpipe.com;\ndlangley@colpipe.com\nJuly 9, 2024\nMs. Melanie Little\nPresident, Chief Executive Officer\nColonial Pipeline Company\nP.O. Box 1624\nAlpharetta, GA 30009-9934\nCPF 2-2024-011-NOPV\nDear Ms. Little:\nFrom February 14, 2022 to February 17, 2023, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.), inspected Colonial Pipeline Company’s (Colonial)\nprocedures, records, and facilities in New Jersey, Maryland, Texas, Georgia, Louisiana, North\nCarolina, Tennessee, Mississippi, South Carolina, Alabama, and New York.\nAs a result of the inspection, it is alleged that Colonial committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). This amended Notice\nreplaces the Notice that was previously issued on June 18, 2024. The items inspected and the\nprobable violations are:\n1. § 195.571 What criteria must I use to determine the adequacy of cathodic protection?\n\n\n\nCathodic protection required by this subpart must comply with one or more of the\napplicable criteria and other considerations for cathodic protection contained\nparagraphs 6.2.2, 6.2.3, 6.2.4, 6.2.5 and 6.3 in NACE SP 0169 (incorporated by\nreference, see § 195.3).\nColonial failed to meet 49 C.F.R. § 195.571 because it did not demonstrate that it complied\nwith applicable criteria for cathodic protection. Specifically, Colonial did not comply with\nthe criteria and other considerations for cathodic protection as required in Paragraph 6.2.2 of\nNACE SP 0169, incorporated by reference per § 195.3.\nDuring PHMSA’s inspection, Colonial presented its 2019-2022 annual pipe-to-soil corrosion\ncontrol survey records for facilities near the Port Arthur Products Junction and Herbert Pump\nStation. Section 6.2.2 of NACE SP 0169 prescribes the criteria by which adequate cathodic\nprotection of a metallic piping system can be demonstrated. Colonial accepts either\nthe -.850V or 100mV polarization criteria, as described in Section 6.2 of NACE SP 0169.\nThe referenced NACE standard requires, “[a] minimum of 100mV of cathodic polarization\nbetween the structure surface and a stable reference electrode contacting the electrolyte”\nwhen relying on the 100mV polarization criteria. This necessitates a native pipe-to-soil\nreference measurement. No records presented to PHMSA included native a pipe-to-soil\nmeasurement, thus failing to demonstrate adequate implementation of the 100mV\npolarization criteria.\nFurthermore, for use of the -.850V criteria, the referenced NACE standard requires that\n“voltage drops other than those across the structure-to-electrolyte boundary must be\nconsidered.” Per Colonial records, voltage drops other than those across the structure-to-\nelectrolyte boundary had only been considered and documented for the following:\n• 105 of 1293 records at the Port Arthur Products Junction.\n• 160 of 315 records at the Herbert Pump Station.\nColonial did not provide any explanation of how voltage drop in locations with no record\nwas considered when relying on the -.850V criteria.\n2. § 195.222 Welders and welding operators: Qualification of welders and welding\noperators.\n(a) ….\n(b) No welder or welding operator may weld with a welding process unless, within\nthe preceding 6 calendar months, the welder or welding operator has -\n(1) Engaged in welding with that process; and\n(2) Had one weld tested and found acceptable under section 9 or Appendix A of API\nStd 1104 (incorporated by reference, see § 195.3).\nColonial failed to meet 49 C.F.R. § 195.222(b)(1) because it allowed a welder to perform a\nwelding process when the welder did not engage in welding with that process within the\npreceding 6 months.\nDuring PHMSA’s inspection, Colonial presented continuity log records for welders working\non the Project Kingfish Construction Project. PHMSA’s review of the referenced logs\nrevealed welds performed on September 30, 2013, November 21, 2013, and May 26, 2014,\n\n\n\n3. with the same welder identified as having performed the September 2013 and May 2014\nwelds. Documentation of the November 2013 weld, however, did not identify the welder via\nname or by any other means. Consequently, Colonial was unable to confirm that the same\nwelder completed all three referenced welds. The duration between the September 30, 2013,\nand May 26, 2014, welds was 7 months and 26 days, exceeding the 6-calendar month\nrequirement. Colonial did provide documentation confirming that it had retested the welder\non that welding process.\n§ 194.121 Response plan review and update procedures.\n(a) ….\n(b) If a new or different operating condition or information would substantially affect\nthe implementation of a response plan, the operator must immediately modify its\nresponse plan to address such a change and, within 30 days of making such a change,\nsubmit the change to PHMSA. Examples of changes in operating conditions that would\ncause a significant change to an operator's response plan are:\n(1) ….\n(6) The qualified individual;\nColonial failed to meet 49 C.F.R. § 194.121(b)(6) because it did not immediately modify its\nresponse plan to address a new or different operating condition and submit the change to\nPHMSA within 30 days. Specifically, Colonial did not update its facility response plan with a\nnew qualified individual.\nDuring the inspection, PHMSA personnel reviewed Colonial’s Southeast District Incident\nCommand Plan (ICP). Section 1.6.1 of the Southeast District ICP identified the Primary\nQualified Individual and Alternate Qualified Individual for each of Colonial’s District\nResponse Zones. At the time of PHMSA’s inspection, the 2022 Southeast District ICP, dated\nMay 5, 2022, listed the Northeast District’s Primary Qualified Individual as an employee no\nlonger with Colonial.\n4. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a manual\nof written procedures for conducting normal operations and maintenance activities and\nhandling abnormal operations and emergencies. This manual shall be reviewed at\nintervals not exceeding 15 months, but at least once each calendar year, and\nappropriate changes made as necessary to ensure that the manual is effective. This\nmanual shall be prepared before initial operations of a pipeline system commence, and\nappropriate parts shall be kept at locations where operations and maintenance\nactivities are conducted.\nColonial failed to meet 49 C.F.R. § 195.402(a) because it did not follow its manual of written\nprocedures in conducting normal operations and maintenance activities. Specifically,\nColonial did not perform a 10% partial valve operation for multiple valves as required by its\nprocedures.\nColonial procedure, titled “Maintenance Procedure – Main-Lateral Line Valve Inspection,”\ndated May 23, 2021, prescribed actions to be taken when performing a valve inspection.\nSection 1.1 of the referenced procedure requires “the valve to be operated by opening or\n\n\n\n5. 6. closing the valve 10% of travel if the valve is to be closed or opened more than 10% of\ntravel.” At PHMSA’s request, Colonial personnel provided work orders documenting\nmaintenance of several valves required per § 195.420. Each work order included a data entry\nline with the description “Travel Tested 10% (Yes, No).” On 94 valve inspections from 2019\nto 2022, Colonial entered “N” in response to the travel testing, indicating that the travel test\nhad not been completed.\nAt the time of PHMSA’s inspection, Colonial personnel stated that they did not perform the\n10% partial operation due to the valves in question being cycled for regular operational\npurposes. Colonial personnel could not provide documentation that demonstrated when those\nvalves were operated for regular operational purposes.\n§ 195.412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times each\ncalendar year, inspect the surface conditions on or adjacent to each pipeline right-of-\nway. Methods of inspection include walking, driving, flying or other appropriate means\nof traversing the right-of-way.\nColonial failed to meet 49 C.F.R. § 195.412(a) because it did not inspect the surface\ncondition on or adjacent to each pipeline right-of-way using an appropriate means of\ntraversing the right-of-way.\nDuring a field inspection near Crotwell Road, northwest of Leesburg, Georgia, PHMSA\npersonnel noticed a portion of the right-of-way that had tree canopy obstructing the\nright-of-way from an aerial view. Colonial uses aerial patrol exclusively in this area.\nColonial personnel stated that they had been in contact with the landowner and the landowner\nrefused to remove the tree farm from the right-of-way. The obstructed aerial view of the\npipeline prevents the aerial patrol pilot from adequately observing potential dead vegetation\nor leaking product during the required patrols.\n§ 195.573 What must I do to monitor external corrosion control?\n(a) ….\n(c) Rectifiers and other devices. You must electrically check for proper performance\neach device in the first column at the frequency stated in the second column:\n\n\n\n7. Colonial failed to meet 49 C.F.R. § 195.573(c) because it did not electrically check for the\nproper performance of each rectifier at least six times each calendar year, but with intervals\nnot exceeding 2 ½ months.\nDuring its inspection, PHMSA reviewed records related to rectifier inspections in the\nNashville area. PHMSA’s review revealed that six of these rectifiers had been inspected with\nintervals exceeding 2 ½ months. The rectifiers and dates are as follows:\n• Rectifier 0504709: 03/01/2019 to 06/27/2019 - 119 days (3 months, 27 days)\n• Rectifier 0504393: 03/01/2019 to 06/26/2019 - 118 days (3 months, 26 days)\n• Rectifier 0504170: 01/04/2019 to 06/25/2019 - 173 days (5 months, 22 days)\n• Rectifier 0505424: 03/01/2019 to 07/03/2019 - 125 days (4 months, 3 days)\n• Rectifier 0603382: 05/13/2019 to 12/17/2019 - 219 days (7 months, 5 days)\n• Rectifier 0603411: 01/24/2019 to 04/23/2019 - 90 days (3 months)\nColonial acknowledged that there were instances in 2019 where rectifiers were not\nelectrically checked for proper performance. Colonial stated that “personnel and system\ninadequacies were identified during internal evaluations in 2020 and mitigative measures\nwere completed in 2021.”\n§ 195.452 Pipeline integrity management in high consequence areas.\n(a) ….\n(j) What is a continual process of evaluation and assessment to maintain a pipeline's\nintegrity? -\n(1) ….\n(5) Assessment methods. An operator must assess the integrity of the line pipe by any\nof the following methods. The methods an operator selects to assess low frequency\nelectric resistance welded pipe or lap welded pipe susceptible to longitudinal seam\nfailure must be capable of assessing seam integrity and of detecting corrosion and\ndeformation anomalies.\n(i) In-Line Inspection tool or tools capable of detecting corrosion and deformation\nanomalies, including dents, gouges, and grooves. For pipeline segments that are\nsusceptible to cracks (pipe body and weld seams), an operator must use an in-line\ninspection tool or tools capable of detecting crack anomalies. When performing an\nassessment using an In-Line Inspection tool, an operator must comply with §\n195.591;\nColonial failed to meet 49 C.F.R. § 195.452(j)(5)(i) because it did not meet the regulatory\nrequirements for conducting an In-Line Inspection (ILI) as a means of assessing the integrity\nof line pipe. Specifically, Colonial failed to ensure that ILI analysts had sufficient records\ndemonstrating compliance with the training recommendations of the ANSI/ASNT ILI-PQ\nstandard, as required by § 195.591.\nOn August 6, 2020, Colonial contracted an ILI vendor to complete an Ultrasonic Testing\n(UT) wall thickness ILI run on Line 576-04 from Hartsfield West Junction to Airport in\nAtlanta, Georgia. After completion of the run, two individuals at the vendor performed an\nanalysis of the data to determine if any anomalies were present in Line 576-04. The\n\n\n\n8. individuals were listed as a Level II and Level III analyst, respectively. Records of their\neducation, experience, and training revealed the following deficiencies:\n• Level II Analyst: At the time of the inspection, this individual had 141 hours of\ntraining documented. The ANSI/ASNT ILI-PQ standard recommends a minimum of\n160 training hours for a UT Compression Wave Level II analyst.\n• Level III Analyst: At the time of the inspection, this individual had 496 hours of\ntraining documented. The ANSI/ASNT ILI-PQ standard recommends a minimum of\n500 training hours for a UT Compression Wave Level II analyst.\nFurthermore, Colonial does not maintain the qualification records for ILI analysts. Colonial\nrelies on the ILI Vendor to maintain qualification records and will contact the vendor as\nnecessary to obtain the record. Operators are required to maintain records that demonstrate\ncompliance with Subpart F, pursuant to § 195.452(l).\n§ 195.414 Inspections of pipelines in areas affected by extreme weather and natural\ndisasters.\n(a) General. Following an extreme weather event or natural disaster that has\nthe likelihood of damage to infrastructure by the scouring or movement of the soil\nsurrounding the pipeline, such as a named tropical storm or hurricane; a flood that\nexceeds the river, shoreline, or creek high-water banks in the area of the pipeline; a\nlandslide in the area of the pipeline; or an earthquake in the area of the pipeline, an\noperator must inspect all potentially affected pipeline facilities to detect conditions that\ncould adversely affect the safe operation of that pipeline.\nColonial failed to meet 49 C.F.R. § 195.414(a) because it could not provide documentation to\nsupport that it had inspected all potentially affected pipeline facilities to detect conditions\nthat could adversely affect the safe operation of that pipeline following an extreme weather\nevent.\nWhen asked by PHMSA, Colonial personnel could not provide pre- or post-storm\ndocumentation for Hurricane Ian. Hurricane Ian made landfall near Georgetown, South\nCarolina, on September 30, 2022, as a Category 1 Hurricane. Colonial personnel stated that\nground and aerial patrols were conducted, but Colonial could not provide documentation for\nthose patrols.\nProposed Civil Penalty\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a\nrelated series of violations. For violation occurring on or after January 6, 2023, and before\nDecember 28, 2023, the maximum penalty may not exceed $257,664 per violation per day the\nviolation persists, up to a maximum of $2,576,627 for a related series of violations. For violation\noccurring on or after March 21, 2022, and before January 6, 2023, the maximum penalty may not\nexceed $239,142 per violation per day the violation persists, up to a maximum of $2,391,412 for\na related series of violations. For violation occurring on or after May 3, 2021, and before March\n21, 2022, the maximum penalty may not exceed $225,134 per violation per day the violation\npersists, up to a maximum of $2,251,334 for a related series of violations. For violation\n\n\n\noccurring on or after January 11, 2021, and before May 3, 2021, the maximum penalty may not\nexceed $222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for\na related series of violations. For violation occurring on or after July 31, 2019, and before\nJanuary 11, 2021, the maximum penalty may not exceed $218,647 per violation per day the\nviolation persists, up to a maximum of $2,186,465 for a related series of violations. For violation\noccurring on or after November 27, 2018, and before July 31, 2019, the maximum penalty may\nnot exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\nWe have reviewed the circumstances and supporting documentation involved for the above\nprobable violations and recommend that you be preliminarily assessed a civil penalty of $ 52,800\nas follows:\nItem number\nPENALTY\n1\n$ 52,800\nWarning Items\nWith respect to Items 2,3,4,5,6,7, and 8, 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 promptly correct these items.\nFailure to do so may result in additional enforcement action.\nProposed Compliance Order\nWith respect to Item 1 pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous Materials\nSafety Administration proposes to issue a Compliance Order to Colonial Pipeline Company.\nPlease refer to the Proposed Compliance Order, which is enclosed and made a part of this\nNotice.\nResponse to this Notice\nThis amended Notice is issued in accordance with 49 C.F.R. § 190.207(c). Any response you\nmay have submitted to the original Notice is no longer applicable. You must respond as set forth\nbelow.\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators\nin Enforcement Proceedings. Please refer to this document and note the response options. All\nmaterial you submit in response to this enforcement action may be made publicly available. If\nyou believe that any portion of your responsive material qualifies for confidential treatment\nunder 5 U.S.C. § 552(b), along with the complete original document you must provide a second\ncopy of the document with the portions you believe qualify for confidential treatment redacted\nand an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. § 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, or request a\nhearing under 49 CFR § 190.211. If you do not respond within 30 days of receipt of this Notice,\nthis constitutes a waiver of your right to contest the allegations in this Notice and authorizes the\nAssociate Administrator for Pipeline Safety to find facts as alleged in this Notice without further\nnotice to you and to issue a Final Order. If you are responding to this Notice, we propose that\nyou submit your correspondence to my office within 30 days from receipt of this Notice. This\nperiod may be extended by written request for good cause.\n\n\n\nIn your correspondence on this matter, please refer to CPF 2-2024-011-NOPV and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nJames A. Urisko\nDirector, Southern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Enforcement Proceedings\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Colonial Pipeline Company (Colonial) a\nCompliance Order incorporating the following remedial requirements to ensure the compliance\nof Colonial with the pipeline safety regulations:\nA. In regard to Item 1 of the Notice pertaining to Colonial’s failure to demonstrate that it\nmet applicable criteria in Paragraph 6.2.2 of NACE SP 0169:\n1. Colonial must revise its written plans and procedures to incorporate the criteria\ndescribed in Paragraph 6.2.2 of the NACE SP 0169 standard. Specifically, revised\nprocedures must account for voltage drop in order to demonstrate that Colonial has\nmet the requirements of the -0.850V and/or 100mV criteria. Colonial must submit its\nrevised written plans and procedures to the Director, PHMSA’s Office of Pipeline\nSafety (OPS), Southern Region (Director), within 30 days of receipt of the Final\nOrder for approval.\n2. Colonial must apply its approved procedure and conduct pipe-to-soil surveys at the\nPort Arthur Products Junction and the Herbert Pump Station. The results of this\nsurvey must be submitted to the Director within 60 days of receipt of the written\nplans and procedures approval.\n3. If any deficiencies are noted during the survey described above, where the criteria\ndescribed in Paragraph 6.2.2 of the NACE SP 0169 standard and/or Colonial’s\napproved procedures are not met, Colonial must submit an Action Plan to correct the\ndeficiencies for approval to the Director within 90 days of receipt of the written plans\nand procedures approval. The Action Plan must include a time-to-completion for any\nrequired actions.\n4. Colonial must submit the results of the Action Plan to the Director within 10 days of\nits completion in accordance with the approved time-to-completion. The results of the\nAction Plan must include a post-action pipe-to-soil survey of the deficient areas that\ndemonstrate Colonial has met the requirements of Paragraph 6.2.2 of the NACE SP\n0169 standard and/or Colonial’s approved procedures.\nB. It is requested that Colonial maintain documentation of the safety improvement cost\nassociated with fulfilling this Compliance Order and submit the total to the Director. It is\nrequested that these costs be reported in two categories: 1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses, and 2) total cost associated\nwith replacements, additions and other changes to pipeline infrastructure.","truncated":false,"body_characters":36907}