{"operation":"document","citation":"CPF 32022027WL","title":"COLONIAL PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-05-27","effective_on":null,"summary":"CLOSED warning letter citing 195.446(a), 195.446(j)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022027wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022027wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022027wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32022027WL","body":"Warning Letter involving COLONIAL PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.446(a),  195.446(j)(1). The case was opened on 2022-05-27 and is reported as closed as of 2022-05-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32022027WL_Operator Response to Notice_06272022_(20-173062).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022027WL/32022027WL_Operator%20Response%20to%20Notice_06272022_(20-173062).pdf\n\n32022027WL_Warning Letter_05272022_(20-173062).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022027WL/32022027WL_Warning%20Letter_05272022_(20-173062).pdf\n\n32022027WL_Warning Letter_05272022_(20-173062)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022027WL/32022027WL_Warning%20Letter_05272022_(20-173062)_text.pdf\n\n32022027WL_Warning Letter_05272022_(20-173062)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: jblount@colpipe.com & QFrazier@colpipe.com\nMay 27, 2022\nJoseph A. Blount\nPresident & CEO\nColonial Pipeline Company\n1185 Sanctuary Parkway, Suite 100\nAlpharetta, GA 30009\nCPF 3-2022-027-WL\nDear Mr. Blount:\nOn January 27 – November 12, 2020 , a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHM- SA) pursuant to Chapter 601 of 49 United States Code inspected\nColonial Pipeline Company’s (Colonial’s) procedures and records for Control Room\nManagement (CRM) in Linden, NJ, Hebert, LA, Greensboro, NC, and Alpharetta, GA.\nThis Notice is in response to PHMSA’s Control Room Management (CRM) Initiative, which is a\nnational level program that includes inspectors from every region. As a result, you may have\nreceived this Notice from a different Regional Director than typical because the CRM Initiative\ninspections are currently separate from the standard inspection program. Notices and\ncorrespondence from other types of inspections will remain unchanged.\nAs a result of the inspection, it is alleged that you have committed probable violation(s) of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n\n\n\n1. §195.446 Control room management.\n(a)This section applies to each operator of a pipeline facility with a controller\nworking in a control room who monitors and controls all or part of a pipeline\nfacility through a SCADA system. Each operator must have and follow written\ncontrol room management procedures that implement the requirements of this\nsection The procedures required by this section must be integrated, as\nappropriate with the operator’s written procedures required by §195.402. An\noperator must develop the procedures no later than August 1,1011, and must\nimplement the procedures according to the following schedule. The procedures\nrequired by paragraphs (b), (c)(5), (d)(2) an (d)(3), (f) and (g) of this section\nmust be implemented no later than October 1, 2011. The procedures required\nby paragraphs (c)(1) through (4), (d)(1), (d)(4) and € must be implemented no\nlater than August 1, 20212. The training procures required by paragraph (h)\nmust be implemented no later than August 1, 2012, except that any training\nrequired by another paragraph of this section must be implemented no later\nthan the deadline for that paragraph.\nColonial failed to follow their procedure ADM-CPC-006 by not completing shift turnover\ndocumentation between the morning and afternoon shift for the Greensboro Local Console for\nthe years 2017, 2018 and 2019. This procedure supported compliance with §195.446(b)(4) and\n§195.446(c)(5). This console operated two 8 hour shifts from 6:00 am - 2:00 pm and 2:00pm -\n10:00 pm Monday - Friday (afternoon shift times vary depending upon scheduled batch\nproducts). Personnel completed a shift change, with conversation and documentation around\n2:00 pm. There is no documentation at the end of the afternoon shift for the afternoon controller\npass along, without conversation, to share with the next morning controller nor on Friday\nafternoon for the Monday morning controller. The CRM Plan and Administrative Procedure\nADM-CPC-006 requires controller to complete a shift turnover document.\n2. §195.446 Control room management.\n(a)…\n(j) An operator must maintain for review during inspection:\n(1) Records that demonstrate compliance with the requirements of this section;\nColonial did not provide records to demonstrate compliance with §195.446(h) documenting the\nreview of the field controller training program for 2017, 2018, 2019.\nColonial had separate training paths; one was for the Alpharetta Main Control Room, managed\nby Control Room staff and the other was for field personnel (includes field controllers),\nmanaged by HR Training. Alpharetta Main control room and field control rooms shared the\nsame CRM plan. Accountability and responsibility for the training programs and content fell\nunder separate organizations of which both must adhere to to §195.446 for any control room\n2\n\n\n\noperating under the CRM Rule related CRM Plan and procedures. The annual review of the\ntraining program content only covered the Alpharetta control room with the exception of the\nannual CRM Training for both Alpharetta and field controllers. While the HR Training group\nindicated they performed continuous training review, they were not able to provide\ndocumentation to demonstrate compliance.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a\nrelated series of violations. For violation occurring on or after July 31, 2019 and before January\n11, 2021, the maximum penalty may not exceed $218,647 per violation per day the violation\npersists, 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.\nFor violation occurring on or after November 2, 2015 and before November 27, 2018, the\nmaximum penalty may not exceed $209,002 per violation per day, with a maximum penalty not\nto exceed $2,090,022\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item(s) identified in this letter. Failure to do so will result in\nColonial Pipeline Company being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 3-2022-028-WL. 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).\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Quintin Frazier, Director, Pipeline Compliance QFrazier@colpipe.com\n3","truncated":false,"body_characters":7465}