{"operation":"document","citation":"CPF 120195011M","title":"IMTT-BAYONNE — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-12-06","effective_on":null,"summary":"CLOSED notice of amendment citing 195.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195011m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195011m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195011m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120195011M","body":"Notice of Amendment involving IMTT-BAYONNE. PHMSA's enforcement data identifies the cited regulation as 195.202. The case was opened on 2019-12-06 and is reported as closed as of 2020-03-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120195011M_ Notice of Amendment_12062019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195011M/120195011M_%20Notice%20of%20Amendment_12062019.pdf\n\n120195011M_ Notice of Amendment_12062019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195011M/120195011M_%20Notice%20of%20Amendment_12062019_text.pdf\n\n120195011M_Closure Letter_03062020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195011M/120195011M_Closure%20Letter_03062020.pdf\n\n120195011M_Closure Letter_03062020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195011M/120195011M_Closure%20Letter_03062020_text.pdf\n\n120195011M_Operator Response to Notice_01062020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195011M/120195011M_Operator%20Response%20to%20Notice_01062020.pdf\n\n120195011M_Closure Letter_03062020_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nMarch 6, 2020\nMr. Richard D. Courtney\nChief Executive Officer\nIMTT - Bayonne\n321 St. Charles Ave\nNew Orleans, LA 70130\nCPF 1-2019-5011M\nDear Mr. Courtney:\nFrom May 14 – May 18, 2018, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected\nIMTT – Bayonne’s (IMTT) records and procedures in Bayonne, NJ. As a result of the inspection,\nIMTT was issued a Notice of Amendment on December 6, 2019, which proposed amendment of\nyour procedures.\nIMTT submitted its amended procedures on or about January 6, 2020. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n120195011M_ Notice of Amendment_12062019_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nDecember 6, 2019\nMr. Michael Burgett\nChief Operating Officer\nIMTT - Bayonne\n321 St. Charles Ave\nNew Orleans, LA 70130\nCPF 1-2019-5011M\nDear Mr. Burgett:\nFrom May 14, 2018 – May 18, 2019, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\nperformed an integrated inspection of IMTT - Bayonne (IMTT)’s records and procedures in\nBayonne, NJ.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nIMTT’s plans or procedures, as described below:\n1. § 195.202 Compliance with specifications or standards\nEach pipeline system must be constructed in accordance with\ncomprehensive written specifications or standards that are consistent\nwith the requirements of this part.\nIMTT’s written specifications or standards for constructing each pipeline system in accordance\nwith Part 195 were inadequate. Specifically, IMTT’s Construction Manual, dated February 2018,\nand other referenced procedures failed to include adequate detail for hydrostatically testing new,\nrepaired, altered or reconstructed breakout tanks in accordance with § 195.307.\nSection 195.307 states:\n“(a) For aboveground breakout tanks built into API Specification 12F and first\n\n\n\nCPF 1-2019-5011M\nplaced in service after October 2, 2000, pneumatic testing must be in accordance\nwith section 5.3 of API Specification 12 F (incorporated by reference, see § 195.3).\n(b) For aboveground breakout tanks built to API Standard 620 and first placed in\nservice after October 2, 2000, hydrostatic and pneumatic testing must be in\naccordance with section 7.18 of API Standard 620 (incorporated by reference, see\n§195.3).\n(c) For aboveground breakout tanks built to API Standard 650 (incorporated by\nreference, see §195.3) and first placed in service after October 2, 2000, testing must\nbe in accordance with sections 7.3.5 and 7.3.6 of API Standard 650 (incorporated\nby reference, see §195.3).\n(d) For aboveground atmospheric pressure breakout tanks constructed of carbon\nand low alloy steel, welded or riveted, and non-refrigerated tanks built to API Std.\n650 or its predecessor Standard 12 C that are returned to service after October 2,\n2000, the necessity for the hydrostatic testing of repair, alteration, and\nreconstruction is covered in section 12.3 of API Standard 653 (incorporated by\nreference, see §195.3)\n(e) For aboveground breakout tanks built to API Standard 2510 and first placed in\nservice after October 2, 2000, pressure testing must be in accordance with ASME\nBoiler and Pressure Vessel Code, Section VIII, Division 1 or 2.”\nDuring the inspection, IMTT’s written procedures for testing breakout tanks were reviewed. The\nConstruction Manual, Section 13.3 Testing Procedures for New Breakout Tanks, and IMTT\nOperations, Maintenance and Emergency Manual, dated June 2017 (OM&E Manual), Section\n10.5.4, each repeated the code language of § 195.307 regarding new tanks, but failed to specify\ndetailed requirements for how new breakout tanks will be tested. The OM&E Manual, Section\n3.4.12.1., also repeated the requirements of § 195.307(d), but failed to specify a detailed procedure\nfor the hydrostatic testing of repaired, altered or reconstructed breakout tanks to meet the\nrequirements of API 653, Section 12.3.\nTherefore, IMTT’s written specifications or standards were inadequate regarding hydrostatically\ntesting new, repaired, altered or reconstructed breakout tanks in accordance with § 195.307.\n2. § 195.202 Compliance with specifications or standards\nEach pipeline system must be constructed in accordance with\ncomprehensive written specifications or standards that are consistent\nwith the requirements of this part.\nIMTT’s written specifications or standards for constructing each pipeline system in accordance\nwith Part 195 were inadequate. Specifically, IMTT’s Construction Manual, dated February 2018,\nand other referenced procedures failed to include adequate detail for testing pumping equipment\nsafety devices in accordance with § 195.262(c).\n120195011M_ Notice of Amendment_12062019_text Page 2 of 4\n\n\n\nCPF 1-2019-5011M\nSection 195.262(c) states:\n(c) Each safety device must be tested under conditions approximating actual\noperations and found to function properly before the pumping station may be\nused.\nDuring the inspection, IMTT’s Construction Manual, Section 15, was reviewed and stated in part:\n“IMTT provides the following equipment items in each pump station:\n Safety devices that prevent over pressuring of pumping equipment, including the\nauxiliary pumping equipment within the pumping station\n A device for the emergency shutdown of each pumping station\n If power is necessary to actuate the safety devices, an auxiliary power supply\nIMTT-Bayonne tests each safety device under simulated operating conditions to\ndetermine if they function properly before the pumping station is used.”\nIMTT’s OM&E Manual, Section 10.12 was also reviewed and found to repeat the code\nlanguage. It stated:\n\"Each safety device shall be tested under conditions approximating actual\noperations and found to function properly before the pumping station may be used\".\nNo additional details were provided in these manuals on how this testing is conducted, and no\nrecord keeping requirements were established in the procedures, standards or specifications to\nensure IMTT can demonstrate compliance to the requirements of § 195.262(c).\nTherefore, IMTT’s written specifications or standards were inadequate regarding testing pump\nequipment safety devices in accordance with § 195.262(c).\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 Enforcement\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\n120195011M_ Notice of Amendment_12062019_text Page 3 of 4\n\n\n\nCPF 1-2019-5011M\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 IMTT - Bayonne maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Robert Burrough, Director, PHMSA Eastern Region,\n840 Bear Tavern Road, Suite 300, West Trenton, NJ 08628. Please refer to CPF 1-2019-5011M\non each document you submit, and whenever possible provide a signed PDF copy in electronic\nformat. Smaller files may be emailed to robert.burrough@dot.gov. Larger files should be sent on\nUSB flash drive 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 Enforcement Proceedings\n120195011M_ Notice of Amendment_12062019_text Page 4 of 4","truncated":false,"body_characters":10742}