{"operation":"document","citation":"CPF 120196007M","title":"DELAWARE STORAGE AND PIPELINE COMPANY — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-05-06","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120196007m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120196007m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120196007m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120196007M","body":"Notice of Amendment involving DELAWARE STORAGE AND PIPELINE COMPANY. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(3). The case was opened on 2019-05-06 and is reported as closed as of 2019-07-11. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120196007M_Closure Letter_07112019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120196007M/120196007M_Closure%20Letter_07112019.pdf\n\n120196007M_Closure Letter_07112019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120196007M/120196007M_Closure%20Letter_07112019_text.pdf\n\n120196007M_Notice of Amendment_05062019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120196007M/120196007M_Notice%20of%20Amendment_05062019.pdf\n\n120196007M_Notice of Amendment_05062019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120196007M/120196007M_Notice%20of%20Amendment_05062019_text.pdf\n\n120196007M_Operator Response to Notice_05162019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120196007M/120196007M_Operator%20Response%20to%20Notice_05162019.pdf\n\n120196007M_Notice of Amendment_05062019_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nMay 6, 2019\nCharles Denault\nPresident\nDelaware Storage and Pipeline Company\n400 Amherst Street, Suite 202\nNashua, NH 03063\nCPF 1-2019-6007M\nDear Mr. Denault:\nFrom August 7 - August 11, 2017, representatives from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\nperformed an inspection of Delaware Storage and Pipeline Company’s (Delaware SPC) Dover\nAFB Pipeline system located in Delaware.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nDelaware SPC’s plans or procedures, as described below:\n1. § 195.402 Procedure manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\nDelaware SPC’s procedures for normal operations and maintenance were\ninadequate. Specifically, Delaware SPC’s corrosion control procedures did not include a\nrequirement that supervisors maintain a thorough knowledge of the corrosion control procedures\n\n\n\nCPF 1-2019-6007M\nfor which they are responsible for insuring compliance, or a process for verifying such knowledge,\nas required by § 195.555.\nSection 195.555 states:\nYou must require and verify that supervisors maintain a thorough\nknowledge of that portion of the corrosion control procedures\nestablished under § 195.402(c)(3) for which they are responsible for\ninsuring compliance.\nDuring the inspection, Delaware SPC’s operations and maintenance procedures were reviewed,\nand determined to not contain any provisions for complying with § 195.555.\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 60 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 Delaware Storage and Pipeline Company maintain\ndocumentation of the safety improvement costs associated with fulfilling this Notice of\nAmendment (preparation/revision of plans, procedures) and submit the total to Robert Burrough,\nDirector, PHMSA Eastern Region, 840 Bear Tavern Road, Suite 300, West Trenton, NJ 08628.\nPlease refer to CPF 1-2019-6007M on each document you submit, and whenever possible provide\na signed PDF copy in electronic format. Smaller files may be emailed to robert.burrough@dot.gov.\nLarger files should be sent on USB flash drive accompanied by the original paper copy to the\nEastern Region Office.\n120196007M_Notice of Amendment_05062019_text Page 2 of 3\n\n\n\nCPF 1-2019-6007M\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\nEnclosures: Response Options for Pipeline Operators in Compliance Proceedings\n120196007M_Notice of Amendment_05062019_text Page 3 of 3\n\n120196007M_Closure Letter_07112019_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nJuly 11, 2019\nMr. Charles Denault\nPresident\nDelaware Storage and Pipeline Co.\n400 Amherst Street, Suite 405\nNashua, NH 03063\nCPF 1-2019-6007M\nDear Mr. Denault:\nFrom August 7 - August 11, 2017, representatives from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\nperformed an inspection of Delaware Storage and Pipeline Company’s (Delaware SPC) Dover\nAFB Pipeline system located in Delaware.\nAs a result of the inspection, Delaware SPC was issued a Notice of Amendment on May 6, 2019,\nwhich proposed amendment of your procedures.\nDelaware SPC submitted its amended procedures on May 16, 2019. 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","truncated":false,"body_characters":7101}