DELAWARE STORAGE AND PIPELINE COMPANY — Notice of Amendment

party submissionOfficial PDF120196007M_Operator Response to Notice_05162019.pdf#

120196007M_Notice of Amendment_05062019_text.pdf, page 1Official PDFNOTICE OF AMENDMENT OVERNIGHT EXPRESS DELIVERY May 6, 2019 Charles Denault President Delaware Storage and Pipeline Company 400 Amherst Street, Suite 202 Nashua, NH 03063 CPF 1-2019-6007M Dear Mr. Denault: From August 7 - August 11, 2017, representatives from the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), performed an inspection of Delaware Storage and Pipeline Company’s (Delaware SPC) Dover AFB Pipeline system located in Delaware. On the basis of the inspection, PHMSA has identified the apparent inadequacy found within Delaware SPC’s plans or procedures, as described below: 1. § 195.402 Procedure manual for operations, maintenance, and emergencies. (c) Maintenance and normal operations. The manual required by paragraph (a) of this section must include procedures for the following to provide safety during maintenance and normal operations: (3) Operating, maintaining, and repairing the pipeline system in accordance with each of the requirements of this subpart and subpart H of this part. Delaware SPC’s procedures for normal operations and maintenance were inadequate. Specifically, Delaware SPC’s corrosion control procedures did not include a requirement that supervisors maintain a thorough knowledge of the corrosion control procedures#

120196007M_Notice of Amendment_05062019_text.pdf, page 2CPF 1-2019-6007M for which they are responsible for insuring compliance, or a process for verifying such knowledge, as required by § 195.555. Section 195.555 states: You must require and verify that supervisors maintain a thorough knowledge of that portion of the corrosion control procedures established under § 195.402(c)(3) for which they are responsible for insuring compliance. During the inspection, Delaware SPC’s operations and maintenance procedures were reviewed, and determined to not contain any provisions for complying with § 195.555. Response to this Notice This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. Be advised that all material you submit in response to this enforcement action is subject to being made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must provide a second copy of the document with the portions you believe qualify for confidential treatment redacted and an explanation of why you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). Following the receipt of this Notice, you have 30 days to submit written comments, revised procedures, or a request for a hearing under §190.211. If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue an Order Directing Amendment. If your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within 60 days of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herein have been addressed in your amended procedures, this enforcement action will be closed. It is requested (not mandated) that Delaware Storage and Pipeline Company maintain documentation of the safety improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit the total to Robert Burrough, Director, PHMSA Eastern Region, 840 Bear Tavern Road, Suite 300, West Trenton, NJ 08628. Please refer to CPF 1-2019-6007M on each document you submit, and whenever possible provide a signed PDF copy in electronic format. Smaller files may be emailed to robert.burrough@dot.gov. Larger files should be sent on USB flash drive accompanied by the original paper copy to the Eastern Region Office. 120196007M_Notice of Amendment_05062019_text Page 2 of 3#

120196007M_Notice of Amendment_05062019_text.pdf, page 3CPF 1-2019-6007M Additionally, if you choose to respond to this (or any other case), please ensure that any response letter pertains solely to one CPF case number. Sincerely, Robert Burrough Director, Eastern Region Pipeline and Hazardous Materials Safety Administration Enclosures: Response Options for Pipeline Operators in Compliance Proceedings 120196007M_Notice of Amendment_05062019_text Page 3 of 3#

120196007M_Closure Letter_07112019_text.pdf, page 1Official PDFOVERNIGHT EXPRESS DELIVERY July 11, 2019 Mr. Charles Denault President Delaware Storage and Pipeline Co. 400 Amherst Street, Suite 405 Nashua, NH 03063 CPF 1-2019-6007M Dear Mr. Denault: From August 7 - August 11, 2017, representatives from the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), performed an inspection of Delaware Storage and Pipeline Company’s (Delaware SPC) Dover AFB Pipeline system located in Delaware. As a result of the inspection, Delaware SPC was issued a Notice of Amendment on May 6, 2019, which proposed amendment of your procedures. Delaware SPC submitted its amended procedures on May 16, 2019. My staff reviewed the amended procedures, and it appears that the inadequacies outlined in this Notice of Amendment have been corrected. This letter is to inform you no further action is necessary, and this case is now closed. Thank you for your cooperation. Sincerely, Robert Burrough Director, Eastern Region Pipeline and Hazardous Materials Safety Administration#