{"operation":"document","citation":"CPF 320075012M","title":"ZENITH ENERGY TERMINALS HOLDINGS, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-03-12","effective_on":null,"summary":"CLOSED notice of amendment citing 195.310(b)(10), 195.402(c)(14), 195.402(d)(5), 195.426, 195.432(b), 195.440, 195.565, 195.567, 195.571, 195.573, 195.577, 195.583.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075012m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075012m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075012m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320075012M","body":"Notice of Amendment involving ZENITH ENERGY TERMINALS HOLDINGS, LLC. PHMSA's enforcement data identifies the cited regulations as 195.310(b)(10),  195.402(c)(14),  195.402(d)(5),  195.426,  195.432(b),  195.440,  195.565,  195.567,  195.571,  195.573,  195.577,  195.583. The case was opened on 2007-03-12 and is reported as closed as of 2007-10-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320075012M_Notice Of Amendment_0312007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075012M/320075012M_Notice%20Of%20Amendment_0312007.pdf\n\n320075012M_Operator Response_08072007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075012M/320075012M_Operator%20Response_08072007.pdf\n\n320075012M_Notice Of Amendment_0312007.pdf\n\nMAR 1 4 2007\n@\nU.S. Deportment\nof Tronsportotion\nPipsllne qnd\nHqzqrdous l oteriols Sofety\nAdmlnlstrotion\n901 Locust Slreet, Suite 462\nKansas City, MO 64106-2641\nNOTICE OF'AMENDMENT\nCERTIFIED MAIL. RETURN RECEIPT REOUESTED\nMarch12,2007\nMr. Bob White\nManager Regulatory Compliance\nCenter Terminal Company\n600 Mason Ridge Center Drive\nSt. Louis. MO 63141\ncPF 3-2007-5012M\nDear Mr. White:\nOn November 27 and28,2006, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nCenter Terminal Company's procedures for emergency response, operation, and maintenance\nin Toledo, Ohio.\nOn the basis of the inspection,, PHMSA has identified the apparent inadequacies found within\nCenter Terminal Company's plans or procedures, as described below:\n1. 5195.402 Procedural Procedures for Operations, Maintenance and Emergencies.\n$195.a02(a) requires that each operator shall prepare and follow for each\npipeline system a manual of written procedures for conducting normal\noperations and maintenance actiyities and handling abnormal operations and\nemergencies.\n$195.a02(c) indicates that the manual required by paragraph (a) ofthis section\nmust include procedures for the following to provide safety during maintenance\nand normal operations:\n\n\n\n(3) Operating maintaining, and repairing the pipeline syst€m in accordance with\neach ofthe requirements ofthis subpart and subpart H ofthis part.\nReview ofthe Operation and Maintenance (O&M) procedwes found that the\nfollowing requirements were not adequately covered in the proceduies or needed to be\nexpanded to provide additional guidance to your personnel:\na) $195,310(b)(10) Records - Center Terminal Company - Toledo's Procedures do not\nstate the temperature of the pipe or presslrre test water will be recorded during a\npressure test and where temperature sensors will be placed.\nb) 5195,402 (c) (1a) Center Terminal Company - Toledo's Procedures should be\nexpanded to include making available at the excavation sites emergency rescue\nequipment including rescue hamess, and line.\nc) $195.402 (d) (5) Center Terminal Company - Toledo's Procedures do not contain\nprovisions for the review of operating personnel performance to determine the\neffectiveness ofprocedures and taking corrective actions when deficiencies are found.\nd) Sf 95.426 Scraper and Sphere Facilities - Center Terminal Company - Toledo's\nProcedures do not state launchers and receivers will have pressure interlock devices\nand pressure indicators.\ne) $195.432 (b) Inspection of in-service break-out-tanks - Center Terminal Company\n- Toledo's Procedures do not state break-out tank monthly and out-of-service\ninspection requirements.\n0 5195.440 Public awareness - Center Terminal Company - Toledo's Procedures do\nnot contain a Public Awareness Program in accordance with API RP 1162.\ng) $195.565 How do I install cathodic protection on breakout tanks? - Center\nTerminal Company - Toledo's Procedures do not address cathodic protection ofbreak-\nout tank or state why compliance with all or certain provisions of API Recommended\nPractice is not necessary for the safety ofthe tank.\nh) $195.567 Which pipelines must have test leads and what must I do to install and\nmaintain the leads? - Center Terminal Company - Toledo's Procedures does not\nstate defective cathodic protection test leads will be repaired by the next inspection\ncycle.\ni) Sf 95.571 What criteria must I use to determine the adequacy of cathodic\nprotection? - Center Terminal Company - Toledo's Procedure 401 does not staxe an\nadequate level ofcathodic protection will include IR drop consideration.\n\n\n\nj) 5195.573 What must I do to monitor external corrosion control? - Center\nTerminal Company - Toledo's Procedures do not state that all CP system deficiencies\nwill be remediated by the next inspection interval.\nk) $195.577 What must I do to alleviate interference currents? - Center Terminal\nCompany - Toledo's Procedures should be expanded to include developing liaisons\nregarding cathodic protection with other pipelines in the area of their pipeline.\nl) 5195.583 What must I do to monitor atmospheric corrosion? - Center Terminal\nCompany - Toledo's Procedures do not state atmospheric corrosion inspection\nrequirements and the remediation period for repairing atmospheric corrosion.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. $ 60108(a) and 49 C.F.R. $ 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\nIf; after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. $ 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 90 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in vour amended orocedures. this enforcement action\nwill be closed.\nIn correspondence concerning this matter, please refer to CPF 3-2007-5012M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nn n tl --+--\nV.r'\"-, //, /r/-*-;hr',.--\nIvan A Huntoon\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n\n\n\nResponse Options for Pipeline Operators in Compliance Proceedings\nThe requirements of 49 C.F.R. Part 190, Subpart B ($$ 190.201-190.237) govern response to\nNotices issued by a Regional Director, Pipeline and Hazardous Materials Safeff Administration\n(PHMSA).\nBe advised that all material submitted by a respondent in response to an enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive\nmaterial qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete\noriginal document you must provide a second copy of the document with the portions you\nbelieve qualifu for confidential treatrnent redacted and an explanation ofwhy you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nProcedures for Respondins to a NOTICE Otr'PROBABLE VIOLATION:\nWithin 30 days of receipt of a Notice of Probable Violation, the respondent shall respond\nto the Regional Director who issued the Notice in the following way;\na. When the Notice contains aproposed CIVIL PENALTY* -\nL Pay the proposed civil penalty and advise the Regional Director ofthe\npaymenL This authorizes PHMSA to make findings and to close the case\nwith prejudice to the respondent. Payment tems are outlined below;\n2. Submit written explanations, information, or other materials in response to\nthe allegations and/or seek elimination or mitigation of the proposed civil\npenalty. Refer to 49 C.F.R, $ 190.225 for assessment considerations,\nwhich include the respondent's ability to pay and the effect on the\nrespondent's ability to stay in business, upon which civil penalties are\nbased; or\n3. Request a hearing as described below to contest the allegations and/or\nproposed assessment of a civil penalty.\nb. When the Notice contains a proposed COMPLIANCE ORDER* --\nl'\nNotiff the Regional Director that you intend to take the steps in the\nproposed compliance order;\n2.\nSubmit witten explanations, information, or other materials in answer to\nthe allegations in the Notice and object to or seek clarification ofthe\nproposed compliance order items in whole or in part; or\nJ .\nRequest a hearing as described below to contest the allegations and/or\nproposed compliance order items;\nI of5\n\n\n\nil.\nn.\nc. When the Notice contains a WARNING ITEM -\nNo written response is required. The respondent is warned that if it does not\ntake appropriate action to corect these items, enforcement action will be\ntaken if a subsequent inspection reveals a violation.\n* Failure of the respondent to respond to the Notice within 30 days of receipt\nconstitutes a waiver of the right to contest the allegations in the Notice and authorizes\nthe Associate Administrator for Pipeline Safety to find facts as alleged in the Notice\nwithout further notice to the respondent and to issue a Final Order.\nProcedures for Resrrondins to a NOTICE OX'AMENDMENT*-\nWithin 30 days of receipt of a Notice of Amendment, the respondent shall respond to the\nRegional Director who issued the Notice in the following way:\na. Notify the Regional Director of your plans to address the inadequacies\nidentified in the Notice;\nb.\nSubmit uritten explanations, information, or other materials in answer to the\nallegations in the Notice and/or object to or seek clarification ofthe proposed\namendment items in whole or in oart: or\nc,\nRequest a hearing as described below to contest the allegations in the Notice.\n* Failure of the respondent to respond to the Notice within 30 days of receipt\nconstitutes a waiver of the right to contest the allegations in the Notice and authorizes\nthe Associate Administrator for Pipeline Safety to find facts as alleged in the Notice\nwithout further notice to the respondent and to issue a Final Order.\nProcedure for Requesting a llearins\nA request for a hearing must be in writing and accomparried by a statement of the issues\nthat the respondent intends to raise at the hearing. The issues may relate to the\nallegations, new information, or to the proposed compliance order or proposed civil\npenalty amount. Refer to 49 C.F.R. $ 190.225 for assessment considerations upon which\ncivil penalties are based. A respondent's failure to speciff an issue may result in waiver\nof the right to raise that issue at the hearing. The respondent's request must also indicate\nwhether or not respondent will be represented by counsel at the hearing. Failure to\nrequest a hearing in writing within 30 days of receipt of a Notice waives the right to a\nhearing. In addition, if the amount of the proposed civil penalty or the proposed\ncorrective action is less than $10,000, the hearing will be held by telephone, unless the\nrespondent submits a written request for an in-person hearing. Complete hearing\nprocedures can be found at 49 C.F.R. $ 190.211.\n2 of5\n\n\n\nIV.\nV.\nVI.\nExtensions of Time\nAn extension of time to prepare an appropriate response to aNotice may be granted, at\nthe agency's discretion, following submittal of a written request to the Regional Director.\nThe request must indicate the amount of time needed and the reasons for the extension.\nThe request must be submitted within 30 days of receip of the Notice,'\ntr'reedom of Information Act\nAny material prepared by PHMSA, including the violation report, the Notice, and any\norder issued in this case, and any material provided to PHMSA by the respondent, may\nbe considered public information and subject to disclosure under the Freedom of\nInformation Act (FOIA). If the information you provide is security sensitive, privileged,\nconfidential or may cause your company competitive disadvantages, please clearly\nidentiff the matedal and provide justification why the documents, or portions of a\ndocument, should not be released under FOIA. If we receive a request for your material,\nwe will notifu you if PHMSA, after reviewing the materials and your provided\njustification, determines that withholding the materials does not meet any exemption\nprovided under the FOIA. You may appeal the agency's decision to release material\nunder the FOIA at that time. Your appeal will stay the release of those materials until a\nfinal decision is made.\nSmall Business Resulatory Enforcement Fairness Act Information\nThe Small Business and Agricultural Regulatory Enforcement Ombudsman and 10\nRegional Fairness Boards were established to receive comments from small businesses\nabout federal agency enforcement actions. The Ombudsman will annually evaluate the\nenforcement activities and rate each agency's responsiveness to small business. Ifyou\nwish to comment on the enforcement actions ofthe Pipeline and Hazardous Materials\nSafety Administration, call l-888-REG-FAIR (1-888-734-3247) or go to\nhttp : i/www. sba. gov/ombudsman/dsp_faq.htrnl.\nJ O I )\n\n\n\nvII. PAYMENT INSTRUCTIONS\nCivil Penalty Payments of Less Than $10,000\nPayment ofa civil penalty ofless than $10,000 proposed or assessed, under Subpart B ofPart\n190 of the Pipeline Safety Regulations can be made by certifred check, money order or wire\ntransfer. Payment by certified check or money order (containing the CPF Number for this case)\nshould be made payable to the \"Department of Transportation\" and should be sent to:\nFederal Aviation Administration\nMike Monroney Aeronautical Center\nFinancial Operations Division (AMZ-300) P.O. Box 25082\nOklahoma City, OK 73125-4915\nWire transfer payments of less than $10,000 may be made through the Federal Reserve\nCommunications System (Fedwire) to the account of the U,S. Treasury. Detailed instructions are\nprovided below. Questions concerning wire transfer should be directed to the Financial\nOperations Division at (405) 954-8893, or at the above address\nCivil Penalty Payments of $10,000 or more\nPayment of a civil penalty of $ I 0,000 or more proposed or assessed under Subpart B of Part 190\nof the Pipeline Safety Regulations pggq! be made wire transfer (49 C.F.R. $ 89.21 (bX3)),\nthrough the Federal Reserve Communications System (Fedwire) to the account of the U.S.\nTreasury. Detailed instructions are provided below. Questions concerning wire transfers should\nbe directed to the Financial Operations Division at (405) 954-8893, or at the above address.\nINSTRUCTIONS FOR ELECTRONIC F'UND TRANSFERS\n(I)RECEWER ABANO.\n021030004\n(2) TYPE/SUB-TYPE\n(Provided by sending bank)\n(3) SENpTNG BANK ABANO.\n(Provided by sending bank) (4) SENpTNG BANK REF NO.\n(Provided by sending bank)\n(s) AMOTJNT (6) SENDING BANKNAME\n(Provided by sending bank)\n(7) RECEIVERNAME\nTREAS NYC\n(8) PROpUCT COpE\n(Normally CTR, or as provided by sending\nbank)\n(9) BENEFICIAL (BNil =AGENCY\nLOCATIONCODE\nBNF: /ALC-69-14-0001\n(1 0) REASONS FOR PAYMENT\nExample; PHMSA - CPF # / Ticket\nNumber/Pipeline Assessment number\n4 of5\n\n\n\nINSTRUCTIONS; You, as sender of the wire transfer, must provide the sending bank with the\ninformation for blocks (1), (5), (7), (9), and (10). The information provided in Blocks (1), (7),\nand (9) are constant and remain the same for all wire transfers to the Pipeline and Hazardous\nMaterials Safety Administration, Department of Transportation.\nBlock #1 - RECEIVER ABA NO. - \"021030004\". Ensurs the sending bank enters this 9-digit\nidentif,rcation number; it represents the routing symbol for the U.S. Treasury at the Federal\nReserve Bank in New York.\nBlock #5 - AMOUNT - You as the sender provide the amount of the transfer. Please be sure the\ntransfer amount is punctuated with commas and a decimal point. EXAMPLE: $10.000.00\nBlock #7 - RECEIVERNAME - \"TREAS NYC\". Ensure the sending bank enters this\nabbreviation. It must be used for all wire transfers to the Treasury Department.\nBlock #9 - BENEFICIAL - AGENCY LOCATION CODE - 'BNF=/ALC-69-14-0001'. Ensure\nthe sending bank enters this information. This is the Agency Location Code for the Pipeline and\nHazardous Materials Safety Administration, Department of Transportation.\nBlock #10 - REASON FOR PAYMENT - 55AC-payment for PIIMSA Case # / To ensure your\nwire transfer is credited properly, enter the case number/ticket number or Pipeline Assessment number,\nand oountry.\"\nNOTE: A wire transfer must comply with the format and instructions or the Department cannot\naccept the wire transfer. You as the sender can assist this process by notifying the Financial\nOperations Division (405) 954-8893 at the time you send the wire transfer.\nFebruary 2007\n)or)","truncated":false,"body_characters":17522}