{"operation":"document","citation":"CPF 120183003M","title":"DISTRIGAS OF MASSACHUSETTS LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-04-02","effective_on":null,"summary":"CLOSED notice of amendment citing 193.2605(a), 193.2605(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120183003m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120183003m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120183003m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120183003M","body":"Notice of Amendment involving DISTRIGAS OF MASSACHUSETTS LLC. PHMSA's enforcement data identifies the cited regulations as 193.2605(a),  193.2605(b). The case was opened on 2018-04-02 and is reported as closed as of 2018-07-31. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120183003M_Closure Letter_07312018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183003M/120183003M_Closure%20Letter_07312018.pdf\n\n120183003M_Closure Letter_07312018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183003M/120183003M_Closure%20Letter_07312018_text.pdf\n\n120183003M_Notice of Amendment_04022018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183003M/120183003M_Notice%20of%20Amendment_04022018.pdf\n\n120183003M_Notice of Amendment_04022018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183003M/120183003M_Notice%20of%20Amendment_04022018_text.pdf\n\n120183003M_Operator Response - Statement of Issues_04302018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183003M/120183003M_Operator%20Response%20-%20Statement%20of%20Issues_04302018.pdf\n\n120183003M_Operator Response To Notice - Title Letter_04302018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183003M/120183003M_Operator%20Response%20To%20Notice%20-%20Title%20Letter_04302018.pdf\n\n120183003M_Operator Response Withdrawal of Hearing Request_06212018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183003M/120183003M_Operator%20Response%20Withdrawal%20of%20Hearing%20Request_06212018.pdf\n\n120183003M_Operator Response-Request for Hearing_04302018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183003M/120183003M_Operator%20Response-Request%20for%20Hearing_04302018.pdf\n\n120183003M_Notice of Amendment_04022018_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nApril 2, 2018\nAnthony Scaraggi\nVice President of Operations\nDistrigas of Massachusetts LLC\n18 Rover Street\nEverett, MA 02149\nCPF 1-2018-3003M\nDear Mr. Scaraggi:\nFrom July 17 – 21, 2017, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Distrigas\nof Massachusetts LLC’s (Distrigas) maintenance procedures for the Everett Marine Terminal in\nEverett, Massachusetts.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nDistrigas of Massachusetts LLC’s plans or procedures, as described below:\n1. § 193.2605(b) Maintenance Procedures.\n…\n(b) Each operator shall follow one or more manuals of written procedures for the\nmaintenance of each component, including any required corrosion control. The\nprocedure must include:\n(1) The details of the inspection or tests determined under paragraph (a) of this\nsection and their frequency of performance; and\n(2) A description of other actions necessary to maintain the LNG plant according\nto the requirements of this subpart.\nDistrigas’ procedures for relief valve testing were inadequate in that they did not include the proper\nfrequency of performance. Specifically, Distrigas’ Everett Marine Terminal Maintenance\n\n\n\nCPF 1-2018-3003M\nProcedure Manual – Relief Vales-EMT-053M, dated 11/17/16 (Procedure) failed to state adequate\ninspection frequencies for relief valves in accordance with § 193.2619(c).\nSection 193.2619(c) states:\n“Control systems in service, but not normally in operation, such as relief valves and automatic\nshutdown devices, and control systems for internal shutoff valves for bottom penetration tanks\nmust be inspected and tested once each calendar year, not exceeding 15 months, with the following\nexceptions:\n(1) Control systems used seasonally, such as for liquefaction or vaporization, must be\ninspected and tested before use each season.\n(2) Control systems that are intended for fire protection must be inspected and tested at regular\nintervals not to exceed 6 months.”\nDuring the inspection, the PHMSA inspector reviewed Distrigas’ Procedure. The Procedure stated,\n“Relief Valves Equipment Inspection and Testing (PM)… Annual inspection and test of all plant\nrelief valves and semi-annual test of trailer/skid mounted dry chemical relief valves.”\nThe Procedure failed to include information such as:\n The proper inspection and testing frequency requirements for relief valves\n The proper inspection and testing frequency requirements for fire protection relief valves\n Testing requirements for seasonal liquefaction or vaporization equipment relief valves, if\napplicable\nTherefore, Distrigas failed to state the adequate inspection frequency for relief valves in its\nmaintenance procedures, in accordance with § 193.2619(c).\n2. § 193.2605(b) Maintenance Procedures.\n(a) Each operator shall determine and perform, consistent with generally accepted\nengineering practice, the periodic inspections or tests needed to meet the\napplicable requirements of this subpart and to verify that components meet the\nmaintenance standards prescribed by this subpart.\n(b) Each operator shall follow one or more manuals of written procedures for the\nmaintenance of each component, including any required corrosion control. The\nprocedure must include:\n(1) The detailed of the inspections or tests determined under paragraph (a) of\nthis section and their frequency of performance; and\n(2) A description of other actions necessary to maintain the LNG plant\naccording to the requirements of this subpart.\nDistrigas’ procedures for maintenance of hoses used in LNG or flammable refrigerant transfer\nsystems were inadequate. Specifically, Distrigas’ Truck Load Hoses – EMT-029M procedure,\ndated 09/24/2013 (Procedure) failed to include the proper maximum pump pressure or relief valve\nsettings, per the requirements of § 193.2621.\n120183003M_Notice of Amendment_04022018_text Page 2 of 4\n\n\n\nCPF 1-2018-3003M\nSection 193.2621 states:\n“Hoses used in LNG or flammable refrigerant transfer systems must be: (a) Tested once each\ncalendar year, but with intervals not exceeding 15 months, to the maximum pump pressure or relief\nvalve setting…”\nDuring the inspection, the PHMSA inspector review Distrigas’ Procedure. The Procedure stated,\n“Pressure test all Truck Load Liquid & Vapor Hoses at 165 psig for 10 minutes using nitrogen.”\nDistrigas’ Procedure failed to include the following information, but not limited to:\n Require testing of LNG or flammable refrigerant transfer hoses once each calendar year,\nbut with intervals not exceeding 15 months\n Require testing of LNG or flammable refrigerant transfer hoses to the maximum pump\npressure or relief valve setting\nDuring the inspection, the PHMSA inspector asked Distrigas to explain the 165 psig, 10-minute\npressure test. Distrigas was unable to identify the significance of the test parameters or determine\nwhich equipment these parameters were linked to.\nTherefore, Distrigas failed to include adequate procedures for its testing of transfer hoses, per the\nrequirement of § 193.2621.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that Distrigas of Massachusetts LLC maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment (preparation/\n120183003M_Notice of Amendment_04022018_text Page 3 of 4\n\n\n\nCPF 1-2018-3003M\nrevision of plans, procedures) and submit the total to Robert Burrough, Director, PHMSA Eastern\nRegion, 820 Bear Tavern Road, Suite 103, West Trenton, New Jersey 08628. Please refer to\nCPF 1- 2018-3003M on each document you submit, and whenever possible provide a signed PDF\ncopy in electronic format. Smaller files may be emailed to robert.burrough@dot.gov. Larger files\nshould be sent on a CD accompanied by the original paper copy to the Eastern Region Office.\nAdditionally, if you choose to respond to this (or any other case), please ensure that any response\nletter pertains solely to one CPF case number.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n120183003M_Notice of Amendment_04022018_text Page 4 of 4\n\n120183003M_Closure Letter_07312018_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nJuly 31, 2018\nAnthony Scaraggi\nVice President of Operations\nDistrigas of Massachusetts LLC\n18 Rover Street\nEverett, MA 02149\nCPF 1-2018-3003M\nDear Mr. Scaraggi:\nFrom July 17–21, 2017, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nDistrigas of Massachusetts LLC’s (Distrigas) maintenance procedures for the Everett Marine\nTerminal in Everett, Massachusetts.\nAs a result of the inspection, Distrigas was issued a Notice of Amendment (NOA) dated\nApril 2, 2018. In response to the NOA, Distrigas requested a hearing and statement of issues on\nApril 30, 2018. On May 29, 2018 Distrigas met with PHMSA in Trenton, New Jersey for an\ninformal meeting. On June 21, 2018 Distrigas withdrew its request for hearing and submitted\nrevised procedures. My staff reviewed the amended procedures, and it appears that the\ninadequacies outlined in this Notice of Amendment have been corrected.\nThis letter is to inform you that no further action is necessary, and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":11201}