{"operation":"document","citation":"CPF 520085036","title":"IDAHO PIPELINE CORP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2008-10-17","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.452(f).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085036.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085036.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085036","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520085036","body":"Notice of Probable Violation involving IDAHO PIPELINE CORP. PHMSA's enforcement data identifies the cited regulation as 195.452(f). The case was opened on 2008-10-17 and is reported as closed as of 2010-02-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520085036_Closure Letter_02122010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085036/520085036_Closure%20Letter_02122010.pdf\n\n520085036_Final Order_04272009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085036/520085036_Final%20Order_04272009.pdf\n\n520085036_Final Order_04272009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085036/520085036_Final%20Order_04272009_text.pdf\n\n520085036_NOPV PCO_10172008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085036/520085036_NOPV%20PCO_10172008.pdf\n\n520085036_nopv pco_10172008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085036/520085036_nopv%20pco_10172008_text.pdf\n\n520085036_Operator response to Final Order_06222009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085036/520085036_Operator%20response%20to%20Final%20Order_06222009.pdf\n\n520085036_operator response_12152008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085036/520085036_operator%20response_12152008.pdf\n\n520085036_Closure Letter_02122010.pdf\n\nSENT 701: •\nHardcop!...\nsociromacally _2\n# of Copie.i.\n• in 212-10\nor transportation\n12300 W. Dakota Ave., Suite 110\nLakewood, CO 80228\npipeline and\nHazardous Materials Safety\nAdministration\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 12, 2010\nJoseph LaRose\nIDPC Facility Manager\nIdaho Pipeline Corporation\nP.O. Box 15653\nBoise, ID 83715\nCPF 5-2008-5036\nDear Mr. LaRose:\nOn April 27, 2009, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Idaho Pipeline Corporation a Final Order in the above-referenced case. This Order\nincluded a Compliance Order requirement to take corrective actions on your pipeline. Based on\nour review of the documentation you provided on January 14, 2010 which indicates Idaho\nPipeline Corporation had completed a successful hydrotest of your entire pipeline on November\n24, 2009 and are continuing with your implementation of the Integrity Management (IM)\nprogram, it has been determined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc:\nPHP-60 Compliance Registry\nPHP-500 H. Nguyen (#121166\n•\n\n520085036_Final Order_04272009_text.pdf\n\nAPR 27 2009\nVIA CERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005-1160-0001-0047-7070]\nMr. Robert Rose\nPresident\nIdaho Pipeline Corporation\nP.O. Box 35236\nSarasota, FL 34232\nRe: CPF No. 5-2008-5036\nDear Mr. Rose:\nEnclosed is the Final Order issued in the above-referenced case. It makes findings of violation\nand specifies actions that need to be taken by Idaho Pipeline Corporation to comply with the\npipeline safety regulations. When the terms of the compliance order have been completed, as\ndetermined by the Director, Western Region, this enforcement action will be closed. Your\nreceipt of this Final Order constitutes 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\nDirector, Western Region, PHMSA\nMr. Joseph LaRose, Facility Manager\nIdaho Pipeline Corporation\nP.O. Box 15653\nBoise, ID 83715\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n______________________________\n)\nIn the Matter of )\n)\nIdaho Pipeline Corporation, ) CPF No. 5-2008-5036\n)\nRespondent. )\n______________________________)\nFINAL ORDER\nOn March 6, 2008, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), inspected the\nIntegrity Management Program (IMP) of the Idaho Pipeline Corporation (Idaho or Respondent).\nIdaho is the operator of a three-mile aviation fuel pipeline in Boise, Idaho.\nAs a result of that inspection, on December 5, 2008, PHMSA issued a Final Order finding that\nIdaho had committed certain violations of PHMSA’s integrity management regulations (Final\nOrder).1 Specifically, it found that Idaho had violated 49 U.S.C. § 60132(a) and (b) by failing to\nsubmit certain geospatial data regarding its pipeline system to the National Pipeline Mapping\nSystem (NPMS). It further found that Idaho had violated 49 C.F.R. § 194.452(a) by failing to\ndetermine whether its pipeline system could affect a “High Consequence Area” (HCA).2\nSubsequent to the March 2008 inspection, but prior to issuance of the Final Order, Idaho\nsubmitted certain information to PHMSA indicating that the company had pipeline segments that\ncould affect an “Other Populated Area” near the Boise International Airport.\n3\nBecause Idaho’s\nown analysis indicated that its pipeline system could affect an HCA, the Director issued to Idaho,\n1 In the Matter of Idaho Pipeline Corporation, CPF No. 5-2008-5006 (December 5, 2008), available at\nhttp://primis.phmsa.dot.gov/comm/reports/enforce/documents/520085006/520085006_FinalOrder_12052008.pdf?no\ncache=3620.\n2 An HCA is defined as: (1) a commercially navigable waterway, which means a waterway where a substantial\nlikelihood of commercial navigation exists; (2) a high population area, which means an urbanized area, as defined\nand delineated by the Census Bureau, that contains 50,000 or more people and has a population density of at least\n1,000 people per square mile; (3) an other populated area, which means a place, as defined and delineated by the\nCensus Bureau, that contains a concentrated population, such as an incorporated or unincorporated city, town,\nvillage, or other designated residential or commercial area; and (4) an unusually sensitive area, as defined in\n§ 195.6. 49 C.F.R. § 195.450.\n3 Violation Report at 3.\n\n\n\n2\nby letter dated October 17, 2008, a Notice of Probable Violation and Proposed Compliance\nOrder (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Idaho\nhad violated 49 C.F.R. § 195.452(f) for failing to have an IMP and ordering the company to take\ncertain measures to correct the alleged violation.\nIdaho responded to the Notice by letter dated December 15, 2008 (Response), but did not contest\nthe allegation of violation. Idaho did not request a hearing and therefore has waived its right to\none.\nFINDING OF VIOLATION\nIn its Response, Idaho did not contest the allegation in the Notice that it violated 49 C.F.R. Part\n195, as follows:\nItem 1: The Notice alleged that Idaho violated 49 C.F.R. § 195.452(f), which states:\n§ 195.452 Pipeline integrity management in high consequence areas.\n(a) . . .\n(f) What are the elements of an integrity management program? An integrity\nmanagement program begins with the initial framework. An operator must\ncontinually change the program to reflect operating experience, conclusions\ndrawn from results of the integrity assessments, and other maintenance and\nsurveillance data, and evaluation of consequences of a failure on the high\nconsequence area. An operator must include, at minimum, each of the following\nelements in its written integrity management program:\n(1) A process for identifying which pipeline segments could affect a high\nconsequence area;\n(2) A baseline assessment plan meeting the requirements of paragraph (c) of\nthis section;\n(3) An analysis that integrates all available information about the integrity of\nthe entire pipeline and the consequences of a failure (see paragraph (g) of this\nsection);\n(4) Criteria for remedial actions to address integrity issues raised by the\nassessment methods and information analysis (see paragraph (h) of this section);\n(5) A continual process of assessment and evaluation to maintain a pipeline’s\nintegrity (see paragraph (j) of this section);\n(6) Identification of preventive and mitigative measures to protect the high\nconsequence area (see paragraph (i) of this section);\n(7) Methods to measure the program's effectiveness (see paragraph (k) of this\nsection);\n(8) A process for review of integrity assessment results and information\nanalysis by a person qualified to evaluate the results and information\n(see paragraph (h)(2) of this section).\n\n\n\n3\nThe Notice alleged that Idaho had violated § 195.452(f) by failing to have a written IMP, even\nthough information supplied by Respondent indicated that the company’s pipeline system could\naffect an HCA. In its Response, Respondent did not contest the allegation and committed to\ndeveloping an IMP. It also pledged to incorporate its existing system of historical records,\ncurrent Facility Response Plan, and risk assessment data into the IMP. Accordingly, upon\nconsideration of all of the evidence, I find that Respondent violated 49 C.F.R. § 195.452(f) by\nfailing to have a written IMP that addressed the minimum requirements in 49 C.F.R.\n§ 195.452(f).\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to item 1 for a violation of 49 C.F.R.\n§ 195.452(f). Under 49 U.S.C. § 60118(a), each person who engages in the transportation of\nhazardous liquids or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. Pursuant to the authority of 49 U.S.C.\n§ 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following actions to\nensure compliance with the pipeline safety regulations applicable to its operations. Respondent\nmust—\n1. Develop a written Integrity Management Plan (IMP).\n2. Begin implementation of the IMP referenced in Item 1 of this Compliance Order.\n3. Within 60 days of issuance of this Final Order, complete Items 1 and 2 of this\nCompliance Order, and submit the required documentation and procedures to Director,\nWestern Region, Pipeline and Hazardous Materials Safety Administration, 12300 West\nDakota Avenue, Suite 110, Lakewood, Colorado 80228.\n4. Maintain documentation of the safety improvement costs associated with fulfilling this\nCompliance Order and submit the total to Director, Western Region. Costs shall be\nreported in two categories: 1) total cost associated with preparation/revision of plans,\nprocedures, studies, and analyses; and 2) total costs associated with replacements,\nadditions, and other changes to pipeline infrastructure.\nThe Director may grant an extension of time to comply with any of the required Items upon a\nwritten request timely submitted by the Respondent demonstrating good cause for an extension.\nFailure to comply with this Order may result in administrative assessment of civil penalties not\nto exceed $100,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\n\n\n\n4\nUnder 49 C.F.R. § 190.215, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be received within 20 days of Respondent’s receipt of this\nFinal Order and must contain a brief statement of the issue(s). The terms of the order, including\nany required corrective action, shall remain in full force and effect unless the Associate\nAdministrator, upon request, grants a stay. The terms and conditions of this Final Order shall be\neffective upon receipt.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":11925}