{"operation":"document","citation":"CPF 520176019W","title":"IDAHO PIPELINE CORP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-06-12","effective_on":null,"summary":"CLOSED warning letter citing 194.107(c)(1)(ix), 194.107(c)(1)(viii), 194.111(b), 194.117(b)(2), 194.117(c), 195.403(a)(5), 195.440(c), 195.452(i)(1), 195.507(a)(2), 195.579(b)(2), 195.589(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176019w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176019w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176019w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520176019W","body":"Warning Letter involving IDAHO PIPELINE CORP. PHMSA's enforcement data identifies the cited regulations as 194.107(c)(1)(ix),  194.107(c)(1)(viii),  194.111(b),  194.117(b)(2),  194.117(c),  195.403(a)(5),  195.440(c),  195.452(i)(1),  195.507(a)(2),  195.579(b)(2),  195.589(c). The case was opened on 2017-06-12 and is reported as closed as of 2017-06-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520176019W_Warning Letter_06122017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176019W/520176019W_Warning%20Letter_06122017.pdf\n\n520176019W_Warning Letter_06122017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176019W/520176019W_Warning%20Letter_06122017_text.pdf\n\n520176019W_Warning Letter_06122017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 12, 2017\nMr. Robert Rose\nPresident\nIdaho Pipeline Corporation\nP.O. Box 35236\nSarasota, FL 34242\nRevised CPF 5-2017-6019W\nDear Mr. Rose:\nOn October 17 through 21, 2016, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\ninspected your Boise Aviation Fuel Pipeline (BAFP) in Boise, Idaho.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items\ninspected and the probable violation(s) are:\n1. §194.107 General response plan requirements.\n(c) Each response plan must include:\n(1) A core plan consisting of –\n(ix) Drill program – an operator will satisfy the requirements for a drill program\nby following the National Preparedness for Response Exercise Program (PREP)\nguidelines. An operator choosing not to follow PREP guidelines must have a drill\nprogram that is equivalent to PREP. The operator must describe the drill\n\n\n\nprogram in the response plan and OPS will determine if the plan is equivalent to\nPREP.\nDuring the records review of BAFP’s facility response plan, BAFP failed to demonstrate that\nthey are performing quarterly notification drills, yearly field equipment deployment drills, or\na drill that exercises the entire response plan for each response zone at least every three (3)\nyears in accordance with Section 7 of their Drill Procedures.\n§194.107 General response plan requirements.\n(c) Each response plan must include:\n(1) A core plan consisting of –\n(viii) Equipment testing.\n2. BAFP failed to demonstrate that their OSRO is performing the testing of their emergency\nresponse equipment as required by §194.107(c)(1)(viii).\n3. §194.111 Response plan retention.\n(b) Each operator shall provide a copy of its response plan to each qualified\nindividual.\nDuring the records review of BAFP’s response plan, it was determined that a copy of BAFP’s\nfacility response plan (FRP) was located at the Gowen Road Facility; however, a copy was\nnot provided to the Qualified Individuals (QI) as required by §194.111(b).\n4. §194.117 Training.\n(b) Each operator shall maintain a training record for each individual that has\nbeen trained as required by this section. These records must be maintained in the\nfollowing manner as long as the individual is assigned duties under the response\nplan:\n(2) Records for personnel engaged in response, other than operator personnel,\nshall be maintained as determined by the operator.\nDuring the records review of BAFP’s response training program, it was determined that\nSection 6 of BAFP’s FRP states they have a training program for IDPC (Idaho Pipeline\nCompany) personnel and OSRO personnel engaged in response. However, BAFP failed to\nprovide any training documents for their OSRO personnel engaged in response as required by\n§194.117(b)(2). The training program consists of a list of suggested training elements but\ndoes not indicate which ones are being used. The only training documents that were provided\nfor the QIs was Hazwoper refresher training.\n2\n\n\n\n5. §194.117 Training.\n(c) Nothing in this section relieves an operator from the responsibility to ensure\nthat all response personnel are trained to meet the Occupational Safety and\nHealth Administration (OSHA) standards for emergency response operations in\n29 CFR 1910.120, including volunteers or casual laborers employed during a\nresponse who are subject to those standards pursuant to 40 CFR part 311.\nDuring the records review of BAFP’s response training program, BAFP failed to provide\ndocumentation that the response plan training is being performed outside of Hazwoper,\nHazcom training, and initial fire extinguisher that are provided through Energy Worldnet.\n6. §195.403 Emergency response training.\n(a) Each operator shall establish and conduct a continuing training program to\ninstruct emergency response personnel to:\n(5) Learn the potential causes, types, sizes, and consequences of fire and the\nappropriate use of portable fire extinguishers and other on-site fire control\nequipment, involving, where feasible, a simulated pipeline emergency condition.\nDuring the records review of BAFP’s emergency response training program, it was\ndetermined that BAFP's FRP states they have a training program for IDPC (Idaho Pipeline\nCompany) personnel and OSRO personnel. However, the training program is not well\ndocumented nor describes what is included in the program. Section 6 of BAFP’s FRP states\nthat the operator is conducting hands on fire training to all employees but documents could\nnot be provided to demonstrate that the training is occurring as required by §195.403(a)(5).\n7. §195.440 Public Awareness.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API 1162, unless the operator\nprovides justification in its program or procedural manual as to why compliance\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nDuring the records review of BAFP’s public awareness program, BAFP provided two (2)\nsign-in sheets for attendance at the ADA County UCC. The documents did not include date or\nyears on them. In addition, the operator states they are maintaining a liaison(s) with public\nofficials; however, they failed to provide any documentation that had occurred.\n3\n\n\n\n8. §195.452 Pipeline integrity management in high consequence areas.\n(i) What preventive and mitigative measures must an operator take to protect the\nhigh consequence area?—(1) General requirements. An operator must take\nmeasures to prevent and mitigate the consequences of a pipeline failure that\ncould affect a high consequence area. These measures include conducting a risk\nanalysis of the pipeline segment to identify additional actions to enhance public\nsafety or environmental protection. Such actions may include, but are not limited\nto, implementing damage prevention best practices, better monitoring of cathodic\nprotection where corrosion is a concern, establishing shorter inspection intervals,\ninstalling EFRDs on the pipeline segment, modifying the systems that monitor\npressure and detect leaks, providing additional training to personnel on response\nprocedures, conducting drills with local emergency responders and adopting\nother management controls.\nSection 6 of BAFP's IMP only identifies the operations and maintenance activities that they\nare required to perform as their preventative and mitigative measures, such as: ROW patrols,\none call, and Public Awareness. There was no documentation to identify additional\npreventative and mitigative actions that have been considered or implemented.\n9. §195.507 Recordkeeping.\nEach operator shall maintain records that demonstrate compliance with this\nsubpart.\n(a) Qualification records shall include:\n(2) Identification of the covered tasks the individual is qualified to perform.\nDuring the records review of BAFP’s Operator Qualification (OQ) program, BAFP failed to\nprovide OQ documents to demonstrate that their cathodic protection personnel, during the\nyears of 2013 through October 2016, were qualified to perform cathodic protection covered\ntasks. Additionally, BAFP failed to provide OQ records for other covered tasks for the years\ncovering 2013 and 2014.\n10. §195.579 What must I do to mitigate internal corrosion?\n(b) Inhibitors. If you use corrosion inhibitors to mitigate internal corrosion, you\nmust -\n(2) Use coupons or other monitoring equipment to determine the effectiveness of\nthe inhibitors in mitigating internal corrosion.\nDuring the records review of BAFP’s internal corrosion control program, it was determined\nthat BAFP injects DCI-4A into their breakout tanks, which leads to the pipeline to the Idaho\nAir National Guard facility. Interviews of BAFP personnel revealed that the Department of\nDefense (DOD) requires corrosion inhibitors to be injected into the jet fuel prior to it is\ntransported by pipeline. However, BAFP failed to perform any type of monitoring program to\ndetermine if the inhibitor is used in sufficient quantity.\n4\n\n\n\n11. §195.589 What corrosion control information do I have to maintain?\n(c) You must maintain a record of each analysis, check, demonstration,\nexamination, inspection, investigation, review, survey, and test required by this\nsubpart in sufficient detail to demonstrate the adequacy of corrosion control\nmeasures or that corrosion requiring control measures does not exist. You must\nretain these records for at least 5 years, except that records related to 105.569,\n195.573(a) and (b), and 195.579(b)(3) and (c) must be retained for as long as the\npipe remains in service.\nDuring the records review of BAFP’s corrosion control program, it was determined that\nBAFP exposed the pipeline to install an anode in August 2015. However, the documentation\ndoesn't indicate the condition of the coating, but no damage was annotated on the form.\nFurthermore, no details or procedures were found in the O&M manual to address how to\ncomplete exposed piping inspection form.\nAs of April 27, 2017, under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a\ncivil penalty not to exceed $209,002 per violation per day the violation persists up to a\nmaximum of $2,090,022 for a related series of violations. We have reviewed the\ncircumstances and supporting documents involved in this case, and have decided not to\nconduct additional enforcement action or penalty assessment proceedings at this time. We\nadvise you to correct the item(s) identified in this letter. Failure to do so will result in Idaho\nPipeline Corporation being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2017-6019W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nKim West\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#154378)\n5","truncated":false,"body_characters":11410}