{"operation":"document","citation":"CPF 520146004","title":"CASPER CRUDE TO RAIL, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-09-17","effective_on":null,"summary":"CLOSED notice of probable violation citing 194.101(a), 195.402(a), 195.440(a), 199.101(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520146004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520146004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520146004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520146004","body":"Notice of Probable Violation involving CASPER CRUDE TO RAIL, LLC. PHMSA's enforcement data identifies the cited regulations as 194.101(a),  195.402(a),  195.440(a),  199.101(a). The case was opened on 2014-09-17 and is reported as closed as of 2015-12-29. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520146004_Final Order_12292015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146004/520146004_Final%20Order_12292015.pdf\n\n520146004_Final Order_12292015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146004/520146004_Final%20Order_12292015_text.pdf\n\n520146004_NOPV PCO_09172014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146004/520146004_NOPV%20PCO_09172014.pdf\n\n520146004_NOPV PCO_09172014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146004/520146004_NOPV%20PCO_09172014_text.pdf\n\n520146004_Operator_Response_to_Notice_11132014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146004/520146004_Operator_Response_to_Notice_11132014.pdf\n\n520146004_Final Order_12292015_text.pdf\n\nDecember 29, 2015\nMr. Steve Magness\nDirector of Operations\nCogent Energy Solutions, LLC\n3100 Timmons Lane, Suite 210\nHouston, TX 77027\nRe: CPF No. 5-2014-6004\nDear Mr. Magness:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and finds that Cogent Energy Solutions, LLC has completed the actions specified in the\nNotice to comply with the Pipeline Safety Regulations. Therefore, this case is now closed.\nService of the Final Order by certified mail is deemed effective upon the date of mailing, or as\notherwise provided 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: Director, Western Region, OPS\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\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)\nCogent Energy Solutions, LLC, ) CPF No. 5-2014-6004\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn September 10, 2014, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of Cogent Energy\nSolutions, LLC (Cogent or Respondent) in Casper, Wyoming. The Casper Crude to Rail\nTerminal pipeline is a 6.9 mile, 24-inch hazardous liquid pipeline that delivers crude oil from the\nSpectra Express Pipeline to storage tanks adjacent to a rail facility. This pipeline is jointly\nowned by CTRAN, LLC,1 Cogent Energy Solutions, LLC, and Stonepeak Infrastructure\nPartners.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated September 17, 2014, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Cogent violated 49 C.F.R. §§ 195.402, 195.440 and 194.101, and 199.101 and\nproposed ordering Respondent to take certain measures to correct the alleged violations.\nCogent responded to the Notice by letter dated November 13, 2014 (Response). The company\ndid not contest the allegations of violation but provided information concerning the corrective\nactions it had taken and stated that copies of its revised procedures would be submitted by\nDecember 15, 2014. Respondent did not request a hearing and therefore has waived its right to\none.\nFINDINGS OF VIOLATION\nIn its Response, Cogent did not contest the allegations in the Notice that it violated 49 C.F.R.\nPart 194, Part 195, and Part 199, as follows:\n1 Granite Peak Development, LLC is a real estate development company.\n\n\n\nCPF No. 5-2014-6004\nPage 2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402, which states in\nrelevant part:\n§ 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations\nand maintenance activities and handling abnormal operations and\nemergencies. This manual shall be reviewed at intervals not exceeding 15\nmonths, but at least once each calendar year, and appropriate changes\nmade as necessary to insure that the manual is effective. This manual\nshall be prepared before initial operations of a pipeline system commence,\nand appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.402 by failing to prepare and\nfollow a manual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies for its crude oil pipeline system.\nSpecifically, the Notice alleged that, at the time of inspection, Cogent’s procedural manual failed\nto cover specific operations, maintenance, or emergency procedures, as required by 49 C.F.R.\n§ 195.402\nRespondent did not contest this allegation of violation.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated\n49 C.F.R. § 195.402(a) by failing to prepare and follow for its crude oil pipeline system a manual\nof written procedures for conducting normal operations and maintenance activities and handling\nabnormal operations and emergencies.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.440, which states in\nrelevant part:\n§ 195.440 Public Awareness.\n(a) Each pipeline operator must develop and implement a written\ncontinuing public education program that follows the guidance provided in\nthe American Petroleum Institute’s (API) Recommended Practice (RP)\n1162 (incorporated by reference, see § 195.3).\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.440(a) by failing to develop and\nimplement a written continuing public education program that follows the guidance provided in\nthe API’s RP 1162. Specifically, the Notice alleged that, at the time of the inspection, Cogent\ndid not have an active program that comported with API RP 1162.\nRespondent did not contest this allegation of violation.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated 49\nC.F.R. § 195.440(a) by failing to develop and implement a written continuing public education\n\n\n\nCPF No. 5-2014-6004\nPage 3\nprogram that follows the guidance provided in the API’s RP 1162.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 194.101, which states in\nrelevant part:\n§ 194.101 Operators required to submit plans.\n(a) Except as provided in paragraph (b) of this section, unless OPS\ngrants a request from an Federal On-Scene Coordinator (FOSC) to require\nan operator of a pipeline in paragraph (b) to submit a response plan, each\noperator of an onshore pipeline facility shall prepare and submit a\nresponse plan to PHMSA as provided in § 194.119. A pipeline which\ndoes not meet the criteria for significant and substantial harm as defined in\n§ 194.103(c) and is not eligible for an exception under § 194.101(b), can\nbe expected to cause substantial harm. Operators of substantial harm\npipeline facilities must prepare and submit plans to PHMSA for review.\nThe Notice alleged that Respondent violated 49 C.F.R. § 194.101(a) by failing to prepare and\nsubmit a response plan to PHMSA as provided in § 194.119. Specifically, the Notice alleged\nthat, at the time of the inspection, Cogent had not submitted any plan to PHMSA for review.\nRespondent did not contest this allegation of violation.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated 49\nC.F.R. § 194.101)(a) by failing to prepare and submit a response plan PHMSA, as provided in\n194.119.\nItem 4: The Notice alleged that Respondent violated 49 C.F.R. § 199.101, which states in\nrelevant part:\n§ 199.101 Anti-drug plan.\n(a) Each operator shall maintain and follow a written anti-drug plan\nthat conforms to the requirements of this part and the DOT procedures.\nThe plan must contain:\n(1) Methods and procedures for compliance with all the requirement of\nthis part, including the employee assistance program;\n(2) The name and address of each laboratory that analyzes the\nspecimens collected for drug testing;\n(3) The name and address of the operator’s Medical Review Officer,\nand Substance Abuse Professional; and\n(4) Procedures for notifying employees of the coverage and provisions\nof the plan.\nThe Notice alleged that Respondent violated 49 C.F.R. § 199.101(a) by failing to maintain and\nfollow a written anti-drug plan that conforms to the requirements of this part and the DOT\nprocedures. Specifically, the Notice alleged that, at the time of the inspection, Cogent did not\nhave any plan that conformed to the requirements of 49 C.F.R. § 199.101(a).\n\n\n\nCPF No. 5-2014-6004\nPage 4\nRespondent did not contest this allegation of violation.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated 49\nC.F.R. § 199.101(a) by failing to maintain and follow a written anti-drug plan that conforms to\nthe requirements of this part and the DOT procedures.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to Items 1, 2, 3 and 4 in the Notice for\nviolations of 49 C.F.R. §§ 195.402(a), 195.440(a), 194.101(a), and 199.101(a), respectively.\nUnder 49 U.S.C. § 60118(a), each person who engages in the transportation of hazardous liquids\nor who owns or operates a pipeline facility is required to comply with the applicable safety\nstandards established under chapter 601. The Director indicates that Respondent has taken the\nfollowing actions specified in the proposed compliance order:\n1. With respect to the violation of § 195.402(a) (Item 1), Respondent has prepared an\nO&M Manual that fully describes procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies.\n2. With respect to the violation of § 195.440(a) (Item 2), Respondent has developed\nand implemented a written continuing public education program that follows the\nguidance provided in the American Petroleum Institute (API).\n3. With respect to the violation of § 194.101(a) (Item 3), Respondent has prepared\nand submitted a response plan to PHMSA, as provided in § 194.119.\n4. With respect to the violation of § 199.101 (Item 4), Respondent has maintained\nand followed a written anti-drug plan that conforms to the requirement of 49 C.F.R.\nPart 199.\nAccordingly, I find that compliance has been achieved with respect to these violations.\nTherefore, the compliance terms proposed in the Notice are not included in this Order.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":11260}