{"operation":"document","citation":"CPF 520085006","title":"IDAHO PIPELINE CORP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2008-03-14","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.452(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085006","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520085006","body":"Notice of Probable Violation involving IDAHO PIPELINE CORP. PHMSA's enforcement data identifies the cited regulation as 195.452(a),  60132. The case was opened on 2008-03-14 and is reported as closed as of 2008-12-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520085006_FinalOrder_12052008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085006/520085006_FinalOrder_12052008.pdf\n\n520085006_finalorder_12052008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085006/520085006_finalorder_12052008_text.pdf\n\n520085006_NOPV PCO letter_03142008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085006/520085006_NOPV%20PCO%20letter_03142008.pdf\n\n520085006_nopv pco letter_03142008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085006/520085006_nopv%20pco%20letter_03142008_text.pdf\n\n520085006_Operator Response_07082008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085006/520085006_Operator%20Response_07082008.pdf\n\n520085006_nopv pco letter_03142008_text.pdf\n\nO\nU. S Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\nSENT TO COMPLIANCE REGIS/Y\nHardcopy Etectromcatly \"\nit of Copies j I Date E\n12300 W Dakota Ave, Suite 110\nLakewood, CO 80228\nNOTICE OF PROBABLE VIOLATION\nand\nPROPOSED COMPLIANCE ORDER\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\nMarch 14, 2008\nMr. Robert Rose\nIdaho Pipeline Corporation\nP. O. Box 35236\nSarasota, FL 34232\nCPF 5-200S-5006\nDear Mr, Rose:\nOn March 06, 2008, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your\nIntegrity Management Program (IMP) in Boise, Idaho.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation(s) are:\n116 STAT. 2985 PUBLIC LAW 107 — 355 — DEC. 17, 2002\nPublic Law 107 — 355\n107th Congress\nAn Act\nSEC. 15. NATIONAL PIPELINE MAPPING SYSTEM.\n116 STAT. 3006 PUBLIC LAW 107 — 355 — DEC. 17, 2002\ng 60132. National pipeline mapping system\n(a) INFORMATION TO BE PROVIDED — Not later than 6 months after the date\nof enactment of this section, the operator of a pipeline facility (except distribution\n\n\n\nlines and gathering lines) shall provide to the Secretary of Transportation the\nfollowing information with respect to the facility:\n(1) Geospatial data appropriate for use in the National Pipeline Mapping\nSystem or data in a format that can be readily converted to geospatial data.\n(2) The name and address of the person with primary operational control to\nbe identified as its operator for purposes of this chapter.\n(3) A means for a member of the public to contact the operator for\nadditional information about the pipeline facilities it operates.\n(b) UPDATES — A person providing information under sub-section (a) shall\nprovide to the Secretary updates of the information to reflect changes in the\npipeline facility owned or operated by the person and as otherwise required by the\nSecretary.\nIdaho Pipeline Corporation (IDPC) had not submitted the geospatial data of their\naviation fuel pipelines to the National Pipeline Mapping System (NPMS) by June 17,\n2003.\n$195. 452 Pipeline integrity management in high consequence areas,\n(a) Which pipelines are covered by this section? This section applies to each\nhazardous liquid pipeline and carbon dioxide pipeline that could affect a high\nconsequence area, including any pipeline located in a high consequence area unless\nthe operator effectively demonstrates by risk assessment that the pipeline could not\naffect the area. (Appendix C of this part provides guidance on determining if a\npipeline could affect a high consequence area. ) Covered pipelines are categorized as\nfollows:\n(1) Category 1 includes pipelines existing on May 29, 2001, that were owned or\noperated by an operator who owned or operated a total of 500 or more miles of\npipeline subject to this part.\n(2) Category 2 includes pipelines existing on May 29, 2001, that were owned or\noperated by an operator who owned or operated less than 500 miles of pipeline\nsubject to this part.\n(3) Category 3 includes pipelines constructed or converted after May 29, 2001.\nIDPC neither performed their own study by utilizing their own data to determine could\naffect segments nor provided any compelling evidence to show that any release of their\nhazardous liquid pipeline could not affect the High Consequence Areas (HCA).\nPro osed Com liance Order\nPursuant to 49 United States Code $ 60118, the Pipeline and Hazardous Materials Safety\nAdministration proposes to issue a Compliance Order to Idaho Pipeline Corporation. Please\nrefer to the Proposed Compliance Order that is enclosed and made a part of this Notice.\n-2-\n\n\n\nRes onse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators\nin Compliance 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 information\nqualifies for confidential treatment under 5 U. S. C. 552(b). If you do not respond within 30 days\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue a Final Order.\nIn your correspondence on this matter, please refer to CPF 5-2008-5006 and for each document\nyou submit, please provide a copy in electronic format whenever possible.\nSincerely,\nChris oidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 H. Nguyen (¹121166)\n-3-\n\n\n\nPROPOSED COMPLIANCE ORDER\nPiusuant to 49 United States Code $ 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Idaho Pipeline Corporation (IDPC) a Compliance\nOrder incorporating the following remedial requirements to ensure the compliance of Idaho\nPipeline Corporation with the pipeline safety regulations:\nIn regard to Item Number 1 of the Notice pertaining to your pipeline systems, IDPC\nmust'\na) Submit the geospatial data of their aviation fuel pipelines to the National Pipeline\nMapping System (NPMS).\nIn regard to Item Number 2 of the Notice pertaining to your pipehne systems, IDPC\nmust:\na) Initiate a study to determine any could affect segments on their pipeline system by\nconducting a complete analysis as required by Part 195. 452, example: spill volumes\nmust include pump volumes between time of modeled break and operator reaction\ntime to shut down.\nWithin 60 days of issuance of the Final Order, IDPC must complete the above\nitems, and submit the required documentation and procedures to the Director,\nWestern Region, Pipeline and Hazardous Materials Safety Administration,\n12300 West Dakota Avenue, Suite 110, Lakewood, Colorado S0228.\nIDPC shall maintain documentation of the safety improvement costs associated with\nfulfilling this Compliance Order and submit the total to Chris Hoidal, Director,\nWestern Region, Pipeline and Hazardous Materials Safety Administration. Costs\nshall be reported in two categories: 1) total cost associated with preparation/revision\nof plans, procedures, studies and analyses, and 2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure,\n-4-\n\n520085006_finalorder_12052008_text.pdf\n\nU S Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave S E\nWashington DC 20590\nDEC 5 ZOS\nMr. Robert Rose\nIdaho Pipeline Corporation\nP O. Box 35236\nSarasota, FL 34232\nRe: CPF No. 5-2008-5006\nDear Mr. Rose:\nEnclosed is the Final Order issued in the above-referenced case. It makes findings of violation\nand finds that you have completed the actions specified in the Notice required to comply with the\npipeline safety regulations. Therefore, this case is now closed. Your receipt of the Final Order\nconstitutes service of that document under 49 C. F. R. $ 190. 5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Chris Hoidal, Director, Western Region, OPS\nMs. Linda Daugherty, Director, Southern Region, OPS\nCERTIFIED MAIL — RETURN RECEIPT RE UESTED\n\n\n\nU. S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nIdaho Pipeline Corporation,\nRespondent.\nCPF No. 5-200S-5006\nFINAL ORDER\nOn March 6, 2008, pursuant to 49 U. S. C. $ 60117, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\ninspected the facilities and records of Idaho Pipeline Corporation (Idaho PLC or\nRespondent). Idaho PLC is the operator of a three-mile aviation fuel pipeline in Boise,\nIdaho. As a result of that inspection, the Director, Western Region, OPS (Director),\nissued to Idaho PLC, by letter dated March 14, 2008, a Notice of Probable Violation and\nProposed Compliance Order (Notice). In accordance with 49 C. F. R. $ 190. 207, the\nNotice proposed finding that Idaho PLC had violated 49 U. S. C. $ 60132(a) and 49 C. F. R.\n) 194. 452(a). The Notice also proposed ordering Idaho PLC to take certain measures to\ncorrect the alleged violations.\nA return receipt from the U. S. Postal Service confirms that Idaho PLC received the\nNotice on March 20, 2007. Under 49 C. F. R. ( 190. 209, Respondent had 30 days from\nthat date, or until April 19, 2007, to provide the Director with a response. Idaho PLC,\nhowever, did not submit its response until July 8, 2008 (Response). As the Director did\nnot extend the 30-day period for responding to the Notice and Idaho PLC failed to file a\ntimely response, I find that Respondent waived its right to contest the allegations in the\nNotice and authorized the entry of this Final Order.\nIn its Response, Idaho PLC neither contested the allegations of violation nor requested a\nhearing. It did, however, submit documents showing certain actions it had taken upon\nreceipt of the Notice to comply with 49 U. S. C. $ 60132(a) and 49 C. F, R. $ 194. 452(a).\nFINDINGS OF VIOLATION\nItem I: The Notice alleged that Idaho PLC violated 49 U. S. C. $ 60132, which states, in\nrelevant part:\n\n\n\ng 60132. National pipeline mapping system.\n(a) Information to be provided. — Not later than 6 months after\nthe date of enactment of this section, the operator of a pipeline facility\n(except distribution hnes and gathering lines) shall provide to the\nSecretary of Transportation the following information with respect to\nthe facility:\n(1) Geospatial data appropriate for use in the National Pipeline\nMapping System or data in a format that can be readily converted to\ngeospatial data.\n(2) The name and address of the person with primary\noperational control to be identified as its operator for purposes of this\nchapter.\n(3) A means for a member of the public to contact the operator\nfor additional information about the pipeline facilities it operates. . . .\nSpecifically, the Notice alleged that Idaho PLC violated 49 U. S. C. $ 60132(a) by failing,\non or before June 17, 2003, ' to provide the Secretary of Transportation (Secretary) with\ngeospatial data on its aviation fuel pipeline system for incorporation into the National\nPipeline Mapping System (NPMS). That allegation is not contested. Accordingly, I find\nthat Idaho PLC violated 49 U. S. C. $ 60132(a) by failing, on or before June 17, 2003, to\nprovide the Secretary with any of the geospatial, operational, and contact data to be used\nin the NPMS.\nItem 2: The Notice alleged that Idaho PLC violated 49 C. F. R. $ 195. 452(a), which\nstates:\ng 195. 452 Pipeline integrity management in high consequence areas.\n(a) H%ich pipelmes are covered by this section. ~ This section\napplies to each hazardous liquid pipeline and carbon dioxide pipeline that\ncould affect a high consequence area, including any pipeline located in a\nhigh consequence area unless the operator effectively demonstrates by risk\nassessment that the pipeline could not affect the area. (Appendix C of this\npart provides guidance on determining if a pipeline could affect a high\nconsequence area. ) Covered pipelines are categorized as follows:\n(1) Category 1 includes pipelines existing on May 29, 2001, that\nwere owned or operated by an operator who owned or operated a total of\n500 or more miles of pipeline subject to this part.\n(2) Category 2 includes pipelines existing on May 29, 2001, that\nwere owned or operated by an operator who owned or operated less than\n500 miles of pipeline subject to this part.\n(3) Category 3 includes pipelines constructed or converted after\nMay 29, 2001.\nSection 60132 was enacted on December 17, 2002, as part of the Pipelme Safety Improvement Act of\n2002, Pub. L 107-355, $ 15(a), 116 Stat 3005 Accordmgly, on February 3, 2003, PHMSA notified\npipeline owners and operators that June 17, 2003, was the statutory deadlme for providmg the Secretary\nwith all of the required NPMS data See Advisory Bulletm, \"Requued Submission of Data to the National\nPipehne Mappmg System Under the Pipehne Safety improvement Act of 2002, \" 68 Fed Reg 5338, 5338-\n40 (February 3, 2003)\n\n\n\n3\nSpecifically, the Notice alleged that, as of the date of the OPS inspection, Idaho PLC had\nfailed to determine whether any portion of its pipeline system \"could affect\" a High\nConsequence Area (HCA) or to demonstrate, through the performance of a risk\nassessment, that a release from its system could not affect an HCA. These allegations are\nalso uncontested, Accordingly, I find that Idaho PLC violated 49 C. F. R. ( 195. 452(a) by\nfailing to determine whether any portion omits pipeline system could affect an HCA or to\ndemonstrate, through the performance a risk assessment, that a release from its system\ncould not affect an HCA.\nThese findings of violation will be considered a prior offense in any subsequent\nenforcement action taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1 and 2 for violations by\nRespondent of 49 U. S. C. $ 60132 and 49 C. F. R. ( 195. 452. Under 49 U. S. C. $ 60118(a),\neach person who engages in the transportation of hazardous liquids or who owns or\noperates a pipeline facility is required to comply with the applicable safety standards\nestablished under chapter 601. The Director has indicated that Respondent has taken the\nfollowing actions specified in the proposed compliance order:\nWith regard to Item 1, on April 17, 2008, Respondent provided the Secretary with\ncurrent geospatial data on its pipeline system for use in the NPSM.\nWith regard to Item 2, on July 8, 2008, Respondent submitted the results of a\ncurrent analysis showing that the operation of its pipeline could adversely affect\nan HCA.\nAccordingly, since Respondent has achieved compliance with respect to these violations,\nthe compliance terms are not included in this Order,\nUnder 49 C. F. R. $ 190. 215, Respondent has a right to submit a Petition for\nReconsideration of this Final Order, The petition must be received within 20 days of\nRespondent's receipt of this Final Order and must contain a brief statement of the\nissue(s). The terms of the order, including any required corrective action and amendment\nof procedures, shall remain in full force and effect unless the Associate Administrator,\nupon request, grants a stay. The terms and conditions of this Final Order shall be\neffective upon receipt.\nDEC 5 Kt)8\nDate Issued\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":16280}