{"operation":"document","citation":"CPF 120135029W","title":"DELAWARE PIPELINE COMPANY, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-11-26","effective_on":null,"summary":"CLOSED warning letter citing 195.440(a), 195.440(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135029w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135029w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135029w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120135029W","body":"Warning Letter involving DELAWARE PIPELINE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 195.440(a),  195.440(b). The case was opened on 2013-11-26 and is reported as closed as of 2013-11-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120135029W_Warning Letter_11262013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135029W/120135029W_Warning%20Letter_11262013.pdf\n\n120135029W_Warning Letter_11262013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135029W/120135029W_Warning%20Letter_11262013_text.pdf\n\n120135029W_Warning Letter_11262013_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nWARNING LETTER\nOVERNIGHT EXPRESS MAIL\nNovember 26, 2013\nEdward Jacobi\nExecutive Vice President of Logistics\nDelaware Pipeline Company, LLC\nOne Sylvan Way\nParsippany, NJ 07054\nCPF 1-2013-5029W\nDear Mr. Jacobi:\nFrom May 22 to May 24, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States\nCode inspected the Delaware Pipeline Company, LLC (Delaware Pipeline) Public Awareness Program titled\nPublic Awareness Program Delaware Pipeline Company, May 01, 2012 Edition (Public Awareness\nProgram), in Delaware City, Delaware.\nAs a result of the inspection, it appears that you have committed probable violations of the Pipeline Safety\nRegulations, Title 49, Code of Federal Regulations. The items inspected and the probable violations are:\n1. §195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public education\nprogram that follows the guidance provided in the American Petroleum Institute's (API)\nRecommended Practice (RP) 1162 (incorporated by reference, see § 195.3).\nDelaware Pipeline failed to develop a written continuing public education program that followed the\nguidance in API RP 1162, as seen in § 195.3.\nThroughout the Public Awareness Program it references API RP 1162. At the end of the Public Awareness\nProgram in Section 9 it refers to “API RP – 1162 – Public Awareness Programs for Pipeline Operators\n(Second Edition, December 2010),” which was and is not the API RP 1162 edition incorporated by reference.\nAdditionally, Section 4 of the Public Awareness Program lists supplemental/enhanced program elements in\naccordance with API RP 1162 (Second Edition). According to API RP 1162 (First Edition), this should be a\npart of the baseline program elements. Also, the Public Awareness Program identified “pipeline purpose and\nreliability” for the affected public and “IMP overview” for emergency officials as supplemental/enhanced\n\n\n\n1-2013-5029W\nprogram elements in accordance with API RP 1162 (Second Edition). According to API RP 1162 (First\nEdition), this should be included in its public awareness program messages to stakeholders.\nDelaware Pipeline did not have a written continuing public education program that followed the correct\nedition of API RP 1162.\n2. §195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public education\nprogram that follows the guidance provided in the American Petroleum Institute's (API)\nRecommended Practice (RP) 1162 (incorporated by reference, see § 195.3).\nDelaware Pipeline failed to develop a written continuing public education program that followed the\nguidance provided in Section 4.4.3 of API RP 1162.\nPursuant to Section 4.4.3 of API RP 1162, “operators should include information about how emergency\nofficials can access the operator’s emergency response plans covering their jurisdiction” in the message\ncontent to emergency officials. However, Delaware Pipeline did not include a written process in the Public\nAwareness Program that addressed communicating to emergency officials about accessing its emergency\nresponse plans covering its jurisdiction. Consequently, Delaware Pipeline could not produce records or\ndocumentation that showed it provided that information to emergency officials.\n3. §195.440 Public awareness.\n(a) …\n(b) The operator's program must follow the general program recommendations of API RP\n1162 and assess the unique attributes and characteristics of the operator's pipeline and\nfacilities.\nDelaware Pipeline did not follow the general program recommendation, including baseline and supplemental\nrequirements in Section 4.3 of API RP 1162.\nUnder Section 4.3 of API RP 1162 an operator should provide information about leak recognition and\nresponse to the affected public and excavators. This information should be related to the operator’s pipeline\nand facilities, and product.\nDelaware Pipeline did not provide information about recognizing and responding to leaks on its pipeline to\nthe affected public and excavators. The brochure that Delaware Pipeline sent to stakeholders includes leak\nrecognition and response information for products other than the refined petroleum products that Delaware\nPipeline transports in its pipeline. Delaware Pipeline could not produce any documentation that showed it\nfollowed Section 4.3 of API RP 1162.\n4. §195.440 Public awareness.\n(a) …\n(b) The operator's program must follow the general program recommendations of API RP\n1162 and assess the unique attributes and characteristics of the operator's pipeline and\nfacilities.\nDelaware Pipeline’s written continuing public education program, Public Awareness Program, was\ninadequate because it failed to follow Section 4.6.2 of API RP 1162 and assess the unique attributes and\ncharacteristics of the operator’s pipeline and facilities. Specifically, the Public Awareness Program lacked\nspecific details about what information should be included in a map that is distributed to stakeholders.\n120135029W_Warning Ltr_11262013 2 of 3\n\n\n\n1-2013-5029W\nAPI RP 1162 Section 4.6.2 Transmission Pipeline Mapping, states that “the level of detail provided on the\nmap should, at a minimum, include the line size, product transported and the approximate location of the\npipeline, as well as any other information deemed reasonable and necessary by the operator.” The Public\nAwareness Program did not include details about providing the aforementioned information to stakeholders.\nConsequently, Delaware Pipeline’s liaison meeting booklet contained a map that did not indicate its pipeline\nsize.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of violations. For\nviolations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per violation\nper day, with a maximum penalty not to exceed $1,000,000 for a related series of violations. We have\nreviewed the circumstances and supporting documents involved in this case, and have decided not to conduct\nadditional enforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitems identified in this letter. Failure to do so will result in Delaware Pipeline being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 1-2013-\n5029W. Please send all correspondence in this matter to Byron Coy, PE, Director, PHMSA Eastern Region,\n820 Bear Tavern Road, Suite 103, W. Trenton, NJ 08628. Be advised that all material you submit in\nresponse to this enforcement 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), along with the\ncomplete original document you must provide a second copy of the document with the portions you believe\nqualify for confidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120135029W_Warning Ltr_11262013 3 of 3","truncated":false,"body_characters":8201}