{"operation":"document","citation":"CPF 120205008M","title":"KIANTONE PIPELINE CORP — 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(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120205008m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120205008m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120205008m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120205008M","body":"Notice of Amendment involving KIANTONE PIPELINE CORP. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2020-04-30 and is reported as closed as of 2020-07-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120205008M_Closure Letter_07102020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120205008M/120205008M_Closure%20Letter_07102020.pdf\n\n120205008M_Closure Letter_07102020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120205008M/120205008M_Closure%20Letter_07102020_text.pdf\n\n120205008M_Notice of Amendment_04302020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120205008M/120205008M_Notice%20of%20Amendment_04302020.pdf\n\n120205008M_Notice of Amendment_04302020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120205008M/120205008M_Notice%20of%20Amendment_04302020_text.pdf\n\n120205008M_Operator Response to Notice_05272020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120205008M/120205008M_Operator%20Response%20to%20Notice_05272020.pdf\n\n120205008M_Notice of Amendment_04302020_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nApril 30, 2020\nMr. Myron Turfitt\nPresident and Chief Operating Officer\nUnited Refining Company\n15 Bradley Street, PO Box 780\nWarren, Pennsylvania 16365\nCPF 1-2020-5008M\nDear Mr. Turfitt:\nFrom July 22, 2019 to October 10, 2019, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) and an inspector from the New York Department of Public\nService (NY DPS), pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected Kiantone\nPipeline Corporation’s (Kiantone) procedures for facilities in Warren, Pennsylvania and West\nSeneca Terminal, Tonawanda, New York.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nKiantone’s plans or procedures, as described below:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline system a manual of written procedures for conducting normal\noperations and maintenance activities and handling abnormal\noperations and emergencies. This manual shall be reviewed at intervals\nnot exceeding 15 months, but at least once each calendar year, and\nappropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a\npipeline system commence, and appropriate parts shall be kept at\nlocations where operations and maintenance activities are conducted.\nKiantone’s manual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies was inadequate. Specifically,\nKiantone’s Operations, Maintenance & Emergency Response Procedures Manual (Manual)\nprocedures were inadequate regarding the classification of atmospheric corrosion conditions, and\n\n\n\nCPF 1-2020-5008M\ntimeframes to remediate issues found during these inspections in accordance with §195.583(c) and\n§ 195.585.\nSection 195.583(c) states:\nIf you find atmospheric corrosion during an inspection, you must provide protection\nagainst the corrosion as required by § 195.581.\nSection 195.585 states:\n(a) General corrosion. If you find pipe so generally corroded that the remaining\nwall thickness is less than that required for the maximum operating pressure of the\npipeline, you must replace the pipe. However, you need not replace the pipe if you-\n-\n(1) Reduce the maximum operating pressure commensurate with the strength of the\npipe needed for serviceability based on actual remaining wall thickness; or\n(2) Repair the pipe by a method that reliable engineering tests and analyses show\ncan permanently restore the serviceability of the pipe.\n(b) Localized corrosion pitting. If you find pipe that has localized corrosion pitting\nto a degree that leakage might result, you must replace or repair the pipe, unless\nyou reduce the maximum operating pressure commensurate with the strength of the\npipe based on actual remaining wall thickness in the pits.\nDuring the inspection, the NY DPS inspector reviewed Kiantone’s Operations, Maintenance &\nEmergency Response Procedures Manual (Manual) 15.5 Coatings - Above Grade Facilities\n[Version 2012-0104]. The manual did not contain any criteria for classifying atmospheric\ncorrosion, nor did it specify timeframes for repair of conditions requiring remediation.\n2. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline system a manual of written procedures for conducting normal\noperations and maintenance activities and handling abnormal\noperations and emergencies. This manual shall be reviewed at intervals\nnot exceeding 15 months, but at least once each calendar year, and\nappropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a\npipeline system commence, and appropriate parts shall be kept at\nlocations where operations and maintenance activities are conducted.\nKiantone’s manual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies was inadequate. Specifically,\nKiantone’s Operations, Maintenance & Emergency Response Procedures Manual (Manual) failed\n120205008M_Notice of Amendment_04302020_text Page 2 of 4\n\n\n\nCPF 1-2020-5008M\nto include procedures for conducting calibration testing on overpressure protection switches in\naccordance with § 195.428(a).\nSection 195.428(a) states:\nExcept as provided in paragraph (b) of this section, each operator shall, at intervals\nnot exceeding 15 months, but at least once each calendar year, or in the case of\npipelines used to carry highly volatile liquids, at intervals not to exceed 7½ months,\nbut at least twice each calendar year, inspect and test each pressure limiting device,\nrelief valve, pressure regulator, or other item of pressure control equipment to\ndetermine that it is functioning properly, is in good mechanical condition, and is\nadequate from the standpoint of capacity and reliability of operation for the service\nin which it is used.\nDuring the inspection, the NY DPS inspector observed calibration testing on three spare pressure\nswitches, which may be placed in the system to prevent over pressurization. The NY DPS inspector\nrequested a procedure for the process witnessed, and Kiantone provided its Manual. The Manual\nincluded 14.1 Inspection & Testing of Pressure Control & Overpressure Safety Devices [Version\n2017 0130], which specifies the requirement for pressure switches to be replaced or calibrated\nannually, not to exceed 15 months. The Manual also included 14.2.1 Replacing Pressure Safety\nDevices [Version 2018 0628], which specifies how to change out a pressure switch. The Manual\ndid not include nor specify a procedure on how to conduct calibration testing.\nTherefore, Kiantone’s manual of written procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies was inadequate.\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).\n120205008M_Notice of Amendment_04302020_text Page 3 of 4\n\n\n\nCPF 1-2020-5008M\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 Kiantone Pipeline Corporation maintain documentation of the\nsafety 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 1-2020-5008M 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\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: Dave Wortman, Vice President, Supply and Transportation (via email)\nDan Sobina, Safety Manager, Kiantone Pipeline Corporation (via email)\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n120205008M_Notice of Amendment_04302020_text Page 4 of 4\n\n120205008M_Closure Letter_07102020_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nJuly 10, 2020\nMr. Myron Turfitt\nPresident and Chief Operating Officer\nUnited Refining Company\n15 Bradley Street, PO Box 780\nWarren, Pennsylvania 16365\nCPF 1-2020-5008M\nDear Mr. Turfitt:\nFrom July 22, 2019, to October 10, 2019, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) and an inspector from the New York Department of Public\nService (NY DPS), pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected Kiantone\nPipeline Corporation’s (Kiantone) procedures for facilities in Warren, Pennsylvania and West\nSeneca Terminal, Tonawanda, New York. As a result of the inspection, Kiantone was issued a\nNotice of Amendment on April 30, 2020, which proposed amendment of your procedures.\nKiantone submitted its amended procedures on May 27th of 2020. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\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":11507}