{"operation":"document","citation":"CPF 320075011W","title":"ZENITH ENERGY TERMINALS HOLDINGS, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-03-12","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075011w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075011w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075011w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320075011W","body":"Warning Letter involving ZENITH ENERGY TERMINALS HOLDINGS, LLC. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2007-03-12 and is reported as closed as of 2007-03-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320075011W_Warning Letter_03122007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075011W/320075011W_Warning%20Letter_03122007.pdf\n\n320075011W_Warning Letter_03122007.pdf\n\nMAR 1 4 lnm\n@\nU.S. Depqrtrnent\nof Tronsportotlon\nPlpellne ond\nHozordous tlqf erloI' Sot€f y\nAdmlnbtrotlon\n901 Locust Steet, Suits 462\nKansas City, MO 64106-2641\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REOUESTEI)\nMarch12,2007\nMr. Bob White\nManager Regulatory Compliance\nCenter Terminal Company\n600 Mason Ridge Center Drive\nSt. Louis, MO 63141\ncPF 3-2007-s0r1w\nDear Mr. White:\nOn November 27 md 28,2006, a representative of the Pipeline and Hazardous Materials\nSafety Administrafion (PHMSA) Central Region pursuant to Chapter 601 of 49 United\nStates Code inspected your hazardous liquid pipeline in Toledo, Ohio.\nAs a result of the inspection, it appears that you have committed a probable violation of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items\ninspected and the probable violation is:\n1. $195.402 Procedural manual for operations, maintenance, and emergencies.\n$195.402(a) requires that each operator shall prepare and follow for each\npipeline system a manual of written procedures for conducting normal\noperations and maintenance activities and handling abnormal operations and\nemergencies.\nAdditionallv:\n\n\n\n$f95.401(b) requires that whenever an operator discovers any condition that\ncould adversely affect the safe operation ofits pipeline system, it shall correct it\nwithin a reasonable time. However, if the condition is of such a nature that it\npresents an immediate hazard to persons or property, the operator may not\noperate the affected part ofthe system until it has corrected the unshfe condition.\nCenter Terminal personnel did not follow procedures for maintaining their mainline\nvalve in good working order per their Operation and Maintenance Manual. As a\nresult. the River Isolation mainline block valve on the east side of the Maumee River\nthat is essential to isolating the river should a failure occur was not operating properly\nfor 2005-2006, according to your records.\nCenter Terminal's Procedure 580 requires that \"each valve that is necessary for the\nsafe operation of the system is to be maintained in good working otder\". Review of\nCenter Terminal's records found that the inspections for River Isolation mainline\nblock valve indicated that the mainline valve \"can not be closed\" during the\ninspections on3/7105,9113/05,3/28106,and9/27106. Yourpersonnelindicated\ndiscussions were in process to replace the faulty valve but no timely efforts were made\nto repair the valve. During the freld evaluation portion of the audit, it was discovered\nthat the valve operated satisfactorily. According to your procedures, a more thorough\nvalve investigation and repair should have been completed as soon as company\npersonnel became aware of valve issue.\nUnder 49 United States Code, 5 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\n$1,000,000 for any related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to\ncoffect the item identifred in this letter. Failure to do so will result in Center Terminal\nCompany - Toledo being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please\nrefer to CPF 3-2007-5011W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C.\n552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential teatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nSincerely,\n\\ li /) tt\nVr',n-o A H*-*4.---\nIvan A. Huhtooir\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":4592}