{"operation":"document","citation":"CPF 120205007M","title":"DELAWARE PIPELINE COMPANY, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-04-30","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120205007m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120205007m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120205007m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120205007M","body":"Notice of Amendment involving DELAWARE PIPELINE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(3). The case was opened on 2020-04-30 and is reported as closed as of 2020-07-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120205007M_Closure Letter_07162020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120205007M/120205007M_Closure%20Letter_07162020.pdf\n\n120205007M_Closure Letter_07162020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120205007M/120205007M_Closure%20Letter_07162020_text.pdf\n\n120205007M_Notice of Amendment_04302020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120205007M/120205007M_Notice%20of%20Amendment_04302020.pdf\n\n120205007M_Notice of Amendment_04302020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120205007M/120205007M_Notice%20of%20Amendment_04302020_text.pdf\n\n120205007M_Operator Response to Notice_05292020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120205007M/120205007M_Operator%20Response%20to%20Notice_05292020.pdf\n\n120205007M_Notice of Amendment_04302020_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nApril 30, 2020\nThomas J. Nimbley\nChief Executive Officer\nPBF Energy Inc.\n1 Sylvan Way, 2nd Floor\nParsippany, NJ 07054\nCPF 1-2020-5007M\nDear Mr. Nimbley:\nFrom August 20 - 22, 2019 and September 24 - 27, 2019, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.), performed an integrated inspection of Delaware Pipeline Company, LLC’s\n(Delaware Pipeline) records and procedures at their terminal in New Castle, Delaware.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nDelaware’s plans or procedures, as described below:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following\nto provide safety during maintenance and normal operations:\n(1) …\n(3) Operating, maintaining, and repairing the pipeline system in\naccordance with each of the requirements of this subpart and subpart\nH of this part.\nDelaware Pipeline’s written procedures were inadequate. Specifically, Delaware Pipeline's CV-\n005(B) Internal Corrosion Control Program and Procedures, dated 12/17/18 (Internal Corrosion\nProcedures), failed to adequately stipulate the requirements of § 195.555.\nSection 195.555 states:\n\n\n\nCPF 1-2020-5007M\nYou must require and verify that supervisors maintain a thorough knowledge of that\nportion of the corrosion control procedures established under § 195.402(c)(3) for which\nthey are responsible for insuring compliance.\nDuring the inspection, a PHMSA inspector reviewed the Internal Corrosion Procedures. Section\n2.1 of the Internal Corrosion Procedures stated in part: “Supervisors may be registered professional\nengineers, or persons recognized as corrosion specialist or cathodic protection specialist by NACE,\nand/or their professional activities include suitable experience in corrosion control.” The Internal\nCorrosion Procedure used the term “suitable experience” to present an alternative requirement, but\nthe term was ambiguous and not defined.\nThus, Delaware Pipeline failed to prepare an adequate manual of written procedures as required\nby § 195.402, because the term “suitable experience” was not defined in its Internal Corrosion\nProcedures as it pertain to § 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 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\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 Delaware Pipeline Company, LLC maintain documentation of\nthe safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Robert Burrough, Director,\nPHMSA Eastern Region, 840 Bear Tavern Road, Suite 300, West Trenton, NJ 08628. Please refer\nto CPF 1-2020-5007M on each document you submit, and whenever possible provide a signed\nPDF copy in electronic format. Smaller files may be emailed to robert.burrough@dot.gov. Larger\nfiles should be sent on USB flash drive accompanied by the original paper copy to the Eastern\n120205007M_Notice of Amendment_04302020_text Page 2 of 3\n\n\n\nCPF 1-2020-5007M\nRegion 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\nCC: Jim Fedena, Sr VP, Logistics (via email)\nThomas McLane, Director, Logistics Regulatory Compliance (via email)\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n120205007M_Notice of Amendment_04302020_text Page 3 of 3\n\n120205007M_Closure Letter_07162020_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nJuly 16, 2020\nThomas J. Nimbley\nChief Executive Officer\nPBF Energy Inc.\n1 Sylvan Way, 2nd Floor\nParsippany, NJ 07054\nCPF 1-2020-5007M\nDear Mr. Nimbley:\nFrom August 20 - 22, 2019 and September 24 - 27, 2019, a representative from the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code, conducted an on-site pipeline safety inspection of Delaware Pipeline Company,\nLLC’s (Delaware Pipeline) procedures in New Castle, Delaware. As a result of the inspection,\nDelaware Pipeline was issued a Notice of Amendment on April 30, 2020, which proposed\namendment of your procedures.\nDelaware Pipeline submitted its amended procedures on or around May 29, 2020. My staff\nreviewed the amended procedures, and it appears that the inadequacies outlined in this Notice of\nAmendment have 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\nCC: Jim Fedena, Sr VP, Logistics (via email)\nThomas McLane, Director, Logistics Regulatory Compliance (via email)","truncated":false,"body_characters":7890}