IDAHO PIPELINE CORP — Notice of Probable Violation

party submissionOfficial PDF520085006_Operator Response_07082008.pdf#

520085006_nopv pco letter_03142008_text.pdf, page 1Official PDFO U. S Department of Transportation Pipeline and Hazardous Materials Safety Administration SENT TO COMPLIANCE REGIS/Y Hardcopy Etectromcatly " it of Copies j I Date E 12300 W Dakota Ave, Suite 110 Lakewood, CO 80228 NOTICE OF PROBABLE VIOLATION and PROPOSED COMPLIANCE ORDER CERTIFIED MAIL - RETURN RECEIPT RE UESTED March 14, 2008 Mr. Robert Rose Idaho Pipeline Corporation P. O. Box 35236 Sarasota, FL 34232 CPF 5-200S-5006 Dear Mr, Rose: On March 06, 2008, representatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your Integrity Management Program (IMP) in Boise, Idaho. As a result of the inspection, it appears that you have committed probable violations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable violation(s) are: 116 STAT. 2985 PUBLIC LAW 107 — 355 — DEC. 17, 2002 Public Law 107 — 355 107th Congress An Act SEC. 15. NATIONAL PIPELINE MAPPING SYSTEM. 116 STAT. 3006 PUBLIC LAW 107 — 355 — DEC. 17, 2002 g 60132. National pipeline mapping system (a) INFORMATION TO BE PROVIDED — Not later than 6 months after the date of enactment of this section, the operator of a pipeline facility (except distribution#

520085006_nopv pco letter_03142008_text.pdf, page 2lines and gathering lines) shall provide to the Secretary of Transportation the following information with respect to the facility: (1) Geospatial data appropriate for use in the National Pipeline Mapping System or data in a format that can be readily converted to geospatial data. (2) The name and address of the person with primary operational control to be identified as its operator for purposes of this chapter. (3) A means for a member of the public to contact the operator for additional information about the pipeline facilities it operates. (b) UPDATES — A person providing information under sub-section (a) shall provide to the Secretary updates of the information to reflect changes in the pipeline facility owned or operated by the person and as otherwise required by the Secretary. Idaho Pipeline Corporation (IDPC) had not submitted the geospatial data of their aviation fuel pipelines to the National Pipeline Mapping System (NPMS) by June 17, 2003. $195. 452 Pipeline integrity management in high consequence areas, (a) Which pipelines are covered by this section? This section applies to each hazardous liquid pipeline and carbon dioxide pipeline that could affect a high consequence area, including any pipeline located in a high consequence area unless the operator effectively demonstrates by risk assessment that the pipeline could not affect the area. (Appendix C of this part provides guidance on determining if a pipeline could affect a high consequence area. ) Covered pipelines are categorized as follows: (1) Category 1 includes pipelines existing on May 29, 2001, that were owned or operated by an operator who owned or operated a total of 500 or more miles of pipeline subject to this part. (2) Category 2 includes pipelines existing on May 29, 2001, that were owned or operated by an operator who owned or operated less than 500 miles of pipeline subject to this part. (3) Category 3 includes pipelines constructed or converted after May 29, 2001. IDPC neither performed their own study by utilizing their own data to determine could affect segments nor provided any compelling evidence to show that any release of their hazardous liquid pipeline could not affect the High Consequence Areas (HCA). Pro osed Com liance Order Pursuant to 49 United States Code $ 60118, the Pipeline and Hazardous Materials Safety Administration proposes to issue a Compliance Order to Idaho Pipeline Corporation. Please refer to the Proposed Compliance Order that is enclosed and made a part of this Notice. -2-#

520085006_nopv pco letter_03142008_text.pdf, page 3Res onse to this Notice Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. Be advised that all material you submit in response to this enforcement action is subject to being made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatment under 5 U. S. C. 552(b), along with the complete original document you must provide a second copy of the document with the portions you believe qualify for confidential treatment redacted and an explanation of why you believe the redacted information qualifies for confidential treatment under 5 U. S. C. 552(b). If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue a Final Order. In your correspondence on this matter, please refer to CPF 5-2008-5006 and for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, Chris oidal Director, Western Region Pipeline and Hazardous Materials Safety Administration Enclosures: Proposed Compliance Order Response Options for Pipeline Operators in Compliance Proceedings cc: PHP-60 Compliance Registry PHP-500 H. Nguyen (¹121166) -3-#

520085006_nopv pco letter_03142008_text.pdf, page 4PROPOSED COMPLIANCE ORDER Piusuant to 49 United States Code $ 60118, the Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to issue to Idaho Pipeline Corporation (IDPC) a Compliance Order incorporating the following remedial requirements to ensure the compliance of Idaho Pipeline Corporation with the pipeline safety regulations: In regard to Item Number 1 of the Notice pertaining to your pipeline systems, IDPC must' a) Submit the geospatial data of their aviation fuel pipelines to the National Pipeline Mapping System (NPMS). In regard to Item Number 2 of the Notice pertaining to your pipehne systems, IDPC must: a) Initiate a study to determine any could affect segments on their pipeline system by conducting a complete analysis as required by Part 195. 452, example: spill volumes must include pump volumes between time of modeled break and operator reaction time to shut down. Within 60 days of issuance of the Final Order, IDPC must complete the above items, and submit the required documentation and procedures to the Director, Western Region, Pipeline and Hazardous Materials Safety Administration, 12300 West Dakota Avenue, Suite 110, Lakewood, Colorado S0228. IDPC shall maintain documentation of the safety improvement costs associated with fulfilling this Compliance Order and submit the total to Chris Hoidal, Director, Western Region, Pipeline and Hazardous Materials Safety Administration. Costs shall be reported in two categories: 1) total cost associated with preparation/revision of plans, procedures, studies and analyses, and 2) total cost associated with replacements, additions and other changes to pipeline infrastructure, -4-#

520085006_finalorder_12052008_text.pdf, page 1Official PDFU S Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave S E Washington DC 20590 DEC 5 ZOS Mr. Robert Rose Idaho Pipeline Corporation P O. Box 35236 Sarasota, FL 34232 Re: CPF No. 5-2008-5006 Dear Mr. Rose: Enclosed is the Final Order issued in the above-referenced case. It makes findings of violation and finds that you have completed the actions specified in the Notice required to comply with the pipeline safety regulations. Therefore, this case is now closed. Your receipt of the Final Order constitutes service of that document under 49 C. F. R. $ 190. 5. Thank you for your cooperation in this matter. Sincerely, Jeffrey D. Wiese Associate Administrator for Pipeline Safety Enclosure cc: Mr. Chris Hoidal, Director, Western Region, OPS Ms. Linda Daugherty, Director, Southern Region, OPS CERTIFIED MAIL — RETURN RECEIPT RE UESTED#

520085006_finalorder_12052008_text.pdf, page 2U. S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, DC 20590 In the Matter of Idaho Pipeline Corporation, Respondent. CPF No. 5-200S-5006 FINAL ORDER On March 6, 2008, pursuant to 49 U. S. C. $ 60117, representatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), inspected the facilities and records of Idaho Pipeline Corporation (Idaho PLC or Respondent). Idaho PLC is the operator of a three-mile aviation fuel pipeline in Boise, Idaho. As a result of that inspection, the Director, Western Region, OPS (Director), issued to Idaho PLC, by letter dated March 14, 2008, a Notice of Probable Violation and Proposed Compliance Order (Notice). In accordance with 49 C. F. R. $ 190. 207, the Notice proposed finding that Idaho PLC had violated 49 U. S. C. $ 60132(a) and 49 C. F. R. ) 194. 452(a). The Notice also proposed ordering Idaho PLC to take certain measures to correct the alleged violations. A return receipt from the U. S. Postal Service confirms that Idaho PLC received the Notice on March 20, 2007. Under 49 C. F. R. ( 190. 209, Respondent had 30 days from that date, or until April 19, 2007, to provide the Director with a response. Idaho PLC, however, did not submit its response until July 8, 2008 (Response). As the Director did not extend the 30-day period for responding to the Notice and Idaho PLC failed to file a timely response, I find that Respondent waived its right to contest the allegations in the Notice and authorized the entry of this Final Order. In its Response, Idaho PLC neither contested the allegations of violation nor requested a hearing. It did, however, submit documents showing certain actions it had taken upon receipt of the Notice to comply with 49 U. S. C. $ 60132(a) and 49 C. F, R. $ 194. 452(a). FINDINGS OF VIOLATION Item I: The Notice alleged that Idaho PLC violated 49 U. S. C. $ 60132, which states, in relevant part:#

520085006_finalorder_12052008_text.pdf, page 3g 60132. National pipeline mapping system. (a) Information to be provided. — Not later than 6 months after the date of enactment of this section, the operator of a pipeline facility (except distribution hnes and gathering lines) shall provide to the Secretary of Transportation the following information with respect to the facility: (1) Geospatial data appropriate for use in the National Pipeline Mapping System or data in a format that can be readily converted to geospatial data. (2) The name and address of the person with primary operational control to be identified as its operator for purposes of this chapter. (3) A means for a member of the public to contact the operator for additional information about the pipeline facilities it operates. . . . Specifically, the Notice alleged that Idaho PLC violated 49 U. S. C. $ 60132(a) by failing, on or before June 17, 2003, ' to provide the Secretary of Transportation (Secretary) with geospatial data on its aviation fuel pipeline system for incorporation into the National Pipeline Mapping System (NPMS). That allegation is not contested. Accordingly, I find that Idaho PLC violated 49 U. S. C. $ 60132(a) by failing, on or before June 17, 2003, to provide the Secretary with any of the geospatial, operational, and contact data to be used in the NPMS. Item 2: The Notice alleged that Idaho PLC violated 49 C. F. R. $ 195. 452(a), which states: g 195. 452 Pipeline integrity management in high consequence areas. (a) H%ich pipelmes are covered by this section. ~ This section applies to each hazardous liquid pipeline and carbon dioxide pipeline that could affect a high consequence area, including any pipeline located in a high consequence area unless the operator effectively demonstrates by risk assessment that the pipeline could not affect the area. (Appendix C of this part provides guidance on determining if a pipeline could affect a high consequence area. ) Covered pipelines are categorized as follows: (1) Category 1 includes pipelines existing on May 29, 2001, that were owned or operated by an operator who owned or operated a total of 500 or more miles of pipeline subject to this part. (2) Category 2 includes pipelines existing on May 29, 2001, that were owned or operated by an operator who owned or operated less than 500 miles of pipeline subject to this part. (3) Category 3 includes pipelines constructed or converted after May 29, 2001. Section 60132 was enacted on December 17, 2002, as part of the Pipelme Safety Improvement Act of 2002, Pub. L 107-355, $ 15(a), 116 Stat 3005 Accordmgly, on February 3, 2003, PHMSA notified pipeline owners and operators that June 17, 2003, was the statutory deadlme for providmg the Secretary with all of the required NPMS data See Advisory Bulletm, "Requued Submission of Data to the National Pipehne Mappmg System Under the Pipehne Safety improvement Act of 2002, " 68 Fed Reg 5338, 5338- 40 (February 3, 2003)#

520085006_finalorder_12052008_text.pdf, page 43 Specifically, the Notice alleged that, as of the date of the OPS inspection, Idaho PLC had failed to determine whether any portion of its pipeline system "could affect" a High Consequence Area (HCA) or to demonstrate, through the performance of a risk assessment, that a release from its system could not affect an HCA. These allegations are also uncontested, Accordingly, I find that Idaho PLC violated 49 C. F. R. ( 195. 452(a) by failing to determine whether any portion omits pipeline system could affect an HCA or to demonstrate, through the performance a risk assessment, that a release from its system could not affect an HCA. These findings of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. COMPLIANCE ORDER The Notice proposed a compliance order with respect to Items 1 and 2 for violations by Respondent of 49 U. S. C. $ 60132 and 49 C. F. R. ( 195. 452. Under 49 U. S. C. $ 60118(a), each person who engages in the transportation of hazardous liquids or who owns or operates a pipeline facility is required to comply with the applicable safety standards established under chapter 601. The Director has indicated that Respondent has taken the following actions specified in the proposed compliance order: With regard to Item 1, on April 17, 2008, Respondent provided the Secretary with current geospatial data on its pipeline system for use in the NPSM. With regard to Item 2, on July 8, 2008, Respondent submitted the results of a current analysis showing that the operation of its pipeline could adversely affect an HCA. Accordingly, since Respondent has achieved compliance with respect to these violations, the compliance terms are not included in this Order, Under 49 C. F. R. $ 190. 215, Respondent has a right to submit a Petition for Reconsideration of this Final Order, The petition must be received within 20 days of Respondent's receipt of this Final Order and must contain a brief statement of the issue(s). The terms of the order, including any required corrective action and amendment of procedures, shall remain in full force and effect unless the Associate Administrator, upon request, grants a stay. The terms and conditions of this Final Order shall be effective upon receipt. DEC 5 Kt)8 Date Issued Jeffrey D. Wiese Associate Administrator for Pipeline Safety#