{"operation":"document","citation":"CPF 12022015NOA","title":"IMTT-PIPELINE — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-03-15","effective_on":null,"summary":"CLOSED notice of amendment citing 194.107(c)(1)(viii), 195.402(a), 195.402(c)(3), 195.402(c)(7), 195.402(e)(3), 195.402(f), 195.403(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022015noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022015noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022015noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12022015NOA","body":"Notice of Amendment involving IMTT-PIPELINE. PHMSA's enforcement data identifies the cited regulations as 194.107(c)(1)(viii),  195.402(a),  195.402(c)(3),  195.402(c)(7),  195.402(e)(3),  195.402(f),  195.403(c). The case was opened on 2022-03-15 and is reported as closed as of 2022-11-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12022015NOA_Closure Letter_11222022_(21-199001).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022015NOA/12022015NOA_Closure%20Letter_11222022_(21-199001).pdf\n\n12022015NOA_Closure Letter_11222022_(21-199001)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022015NOA/12022015NOA_Closure%20Letter_11222022_(21-199001)_text.pdf\n\n12022015NOA_Notice of Amendment_03152022_(21-199001).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022015NOA/12022015NOA_Notice%20of%20Amendment_03152022_(21-199001).pdf\n\n12022015NOA_Notice of Amendment_03152022_(21-199001)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022015NOA/12022015NOA_Notice%20of%20Amendment_03152022_(21-199001)_text.pdf\n\n12022015NOA_Operator Response to Notice and Request Time Extension_04142022_(21-199001).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022015NOA/12022015NOA_Operator%20Response%20to%20Notice%20and%20Request%20Time%20Extension_04142022_(21-199001).pdf\n\n12022015NOA_Notice of Amendment_03152022_(21-199001)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nMarch 15, 2022\nMr. Carlin Conner\nPresident and Chief Executive Officer\nIMTT-Pipeline\n400 Poydras Street, Suite 3000\nNew Orleans, Louisiana 70130\nCPF 1-2022-015-NOA\nDear Mr. Conner:\nFrom May 10, 2021 through May 24, 2021, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected the procedures utilized by IMTT-Bayonne and IMTT-Pipeline (IMTT) as part of a\nPHMSA integrated inspection.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nIMTT’s procedures, as described below:\n1. § 194.107 General response plan requirements.\n(a) …\n(c) Each response plan must include:\n(1) A core plan consisting of –\n…\n(viii) Equipment testing,\nIMTT’s response plan was inadequate to assure safe operation of a pipeline facility. Specifically,\nIMTT’s Facility Response Plan Version 6, dated January 2021 (FRP) failed to include\nrequirements for documenting equipment testing required by § 194.107(c)(1)(viii).\nDuring the inspection, PHMSA reviewed the FRP. The FRP Section E.2.1- Table 19 contained a\nlisting of IMTT’s spill response equipment, its location, and a defined frequency for inspection of\n\n\n\nCPF 1-2022-015-NOA\neach item. However, the FRP failed to contain any details on what these inspections entail and any\nrequirements for documenting these inspections.\nTherefore, IMTT’s response plan was inadequate regarding § 194.107(c)(1)(viii). IMTT must\nreview its procedures to address the inadequacies described above regarding its equipment\ninspections and testing.\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.\nIMTT’s procedures for normal operations and maintenance activities and handling abnormal\noperations and emergencies were inadequate to assure safe operation of a pipeline facility.\nSpecifically, IMTT’s FRP failed to include adequate details for reviewing the emergency manual\nat intervals not exceeding 15 months, but at least once each calendar year, and make appropriate\nchanges as necessary to ensure it is effective, in accordance with § 195.402(a).\nDuring the inspection, PHMSA requested IMTT’s procedure regarding the emergency response\nannual review. IMTT provided the FRP. Section 2.4.3 of the FRP stated in part, “[t]he Director\nof EH&S or designee is responsible for formally reviewing, updating, revising, and distributing\nrevisions to this plan on an annual basis, or as required. The Director of EH&S will record all plan\nreviews on the IMTT Annual Review Form…”\nHowever, the FRP failed to include details that the emergency manual shall be reviewed at\nintervals not exceeding 15 months, but at least once each calendar year, and make appropriate\nchanges as necessary to ensure it is effective.\nTherefore, IMTT’s procedures failed to include adequate details for reviewing the emergency\nmanual at intervals not exceeding 15 months, but at least once each calendar year, and make\nappropriate changes as necessary to ensure it is effective in accordance with § 195.402(a). IMTT\nmust revise its procedures to stipulate the correct review interval.\n3. § 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\n12022015NOA_Notice of Amendment_03152022_(21-199001)_text Page 2 of 13\n\n\n\nCPF 1-2022-015-NOA\naccordance with each of the requirements of this subpart and subpart\nH of this part.\nIMTT’s procedures for maintenance and normal operations were inadequate to assure safe\noperation of a pipeline facility. Specifically, IMTT’s Operations, Maintenance and Emergency\nManual- Section 23 Inspection of Breakout Tanks, dated August 2020 (OME) and Confined Space\n– IMTT-EHSS-POL-1003, dated 04/06/20 (Confined Space) failed to include details associated\nwith access/egress onto floating roofs of in-service aboveground breakout tanks for the purpose of\nperforming inspection, service, maintenance or repair activities of in-service tanks, as required by\n§ 195.405(b)1\n.\nDuring the inspection, the PHMSA inspector requested IMTT’s procedures regarding § 195.405(b)\nrequirements. IMTT provided the OME and the Confined Space procedures.\nSection 23.1 of the OME stated in part:\nTo comply with 49 CFR 195.405(b), IMTT has reviewed API Publication 2026 –\nSafe Access/Egress Involving Floating Roofs of Storage Tanks in Petroleum Service\nregarding the potentially hazardous conditions and safety practices associated\ninvolved with inspection, service, maintenance, and repair activities. IMTT has\nincluded applicable safety practices in its procedures.\nHowever, the procedures failed to indicate any process or details on safety practices for\naccess/egress onto floating roofs. Furthermore, the Confined Space2 procedure was not referenced\nor linked to the IMTT OME manual.\nTherefore, IMTT failed to include details associated with access/egress onto floating roofs of in-\nservice aboveground breakout tanks to perform inspection, service, maintenance, or repair\nactivities of in-service tanks in accordance with § 195.405(b). IMTT must revise its procedures to\naddress this requirement.\n4. § 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\n1 Section 195.405(b) states: The hazards associated with access/egress onto floating roofs of in-service aboveground\nbreakout tanks to perform inspection, service, maintenance, or repair activities (other than specified general\nconsiderations, specified routine tasks or entering tanks removed from service for cleaning) are addressed in API\nPub 2026 (incorporated by reference, see §195.3) . After October 2, 2000, the operator must review and consider the\npotentially hazardous conditions, safety practices, and procedures in API Pub 2026 for inclusion in the procedure\nmanual (§195.402(c)).\n2 Breakout tanks are confined spaces and thus are subject to confined space entry procedures when being entered for\nmaintenance activities.\n12022015NOA_Notice of Amendment_03152022_(21-199001)_text Page 3 of 13\n\n\n\nCPF 1-2022-015-NOA\naccordance with each of the requirements of this subpart and subpart\nH of this part.\nIMTT’s procedures for maintenance and normal operations were inadequate to assure safe\noperation of a pipeline facility. Specifically, IMTT’s Corrosion Manual, dated April, 2021\n(Corrosion Manual) failed to include details for installing cathodic protection systems in\naccordance with ANSI/API RP 651, or providing details on why complying with all or certain\nprovisions of ANSI/API RP 651 is not necessary for the safety of its tanks, per the requirement §\n195.5653\n.\nDuring the inspection, PHMSA requested IMTT’s procedure regarding § 195.565 requirements.\nIMTT provided the Corrosion Manual. PHMSA asked IMTT where the § 195.565 requirements\nwere located, and how IMTT complies with the requirements. IMTT stated that not all of its\nbreakout tanks have cathodic protection and they do not have a procedure for how all tanks comply\nwith this regulation.\nThe Corrosion Manual - Appendix C1 stated, “[c]urrently 49 CFR 195 Subpart H, Corrosion\nControl, §195.565 How do I install cathodic protection on breakout tanks? states that after October\n2, 2000, installed breakout tank bottom CP systems should be installed according to API RP 651,\nunless IMTT Bayonne notes in the Corrosion Control Manual why complying with all or certain\nprovisions of API RP 651 is not necessary for the safe operation of the tank. The purpose of this\ndocument is to provide evidence why retrofitting IMTT Bayonne's Breakout Tank 5804 bottoms\nto install a new CP system is impractical and not necessary for the safe operation of the breakout\ntank.”\nThe Corrosion Manual quoted the code but failed to state how IMTT would comply with § 195.565\nor how it would determine that certain provisions of API RP 651 are not necessary for the safe\noperation of a breakout tank.\nTherefore, IMTT’s procedures failed to include details on how it installs cathodic protection\nsystems in accordance with ANSI/API RP 651 and failed to provide details in its corrosion control\nprocedures on why complying with all or certain provisions of ANSI/API RP 651 is not necessary\nfor the safety of its tanks without cathodic protection, in accordance with § 195.565). IMTT must\nrevise its procedures to address this requirement.\n5. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n3 Section 195.565 states: After October 2, 2000, when you install cathodic protection under §195.563(a) to protect\nthe bottom of an aboveground breakout tank of more than 500 barrels 79.49m3 capacity built to API Spec 12F\n(incorporated by reference, see §195.3), API Std 620 (incorporated by reference, see §195.3), API Std 650\n(incorporated by reference, see §195.3), or API Std 650's predecessor, Standard 12C, you must install the system in\naccordance with ANSI/API RP 651 (incorporated by reference, see §195.3). However, you don't need to comply\nwith ANSI/API RP 651 when installing any tank for which you note in the corrosion control procedures established\nunder §195.402(c)(3) why complying with all or certain provisions of ANSI/API RP 651 is not necessary for the\nsafety of the tank.\n12022015NOA_Notice of Amendment_03152022_(21-199001)_text Page 4 of 13\n\n\n\nCPF 1-2022-015-NOA\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.\nIMTT’s procedures for maintenance and normal operations were inadequate to assure safe\noperation of a pipeline facility. Specifically, IMTT’s OME failed to include details for providing\nprotection for each valve from unauthorized operation and from vandalism, as required by\n§ 195.420(c).\nSection 195.420(c) states, “[e]ach operator shall provide protection for each valve from\nunauthorized operation and from vandalism.”\nDuring the inspection, PHMSA requested IMTT’s procedures regarding valve protection. IMTT\nindicated that all valves are locked or within a locked fence in the facility, but this information was\nnot described in its written procedures.\nTherefore, IMTT’s procedures failed to include details for providing protection for each valve\nfrom unauthorized operation and from vandalism in accordance with § 195.420(c). IMTT must\nrevise its procedures to address this requirement.\n6. § 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.\nIMTT’s procedures for maintenance and normal operations were inadequate to assure safe\noperation of a pipeline facility. Specifically, IMTT’s OME and Lightning Policy Document 52-\n165, dated 08/11/15 (Lightning Policy), failed to provide sufficient guidance for protecting\npipeline systems against ignitions arising out of static electricity, lightning, and stray currents\nduring operation and maintenance activities involving aboveground breakout tanks in accordance\nwith API RP 2003, per the requirement of § 195.405(a).\nSection 195.405(a) states:\nAfter October 2, 2000, protection provided against ignitions arising out of static\nelectricity, lightning, and stray currents during operation and maintenance activities\ninvolving aboveground breakout tanks must be in accordance with API RP 2003\n(incorporated by reference, see §195.3), unless the operator notes in the procedural\n12022015NOA_Notice of Amendment_03152022_(21-199001)_text Page 5 of 13\n\n\n\nCPF 1-2022-015-NOA\nmanual (§195.402(c)) why compliance with all or certain provisions of API RP 2003\nis not necessary for the safety of a particular breakout tank.\nDuring the inspection, the PHMSA inspector requested IMTT’s procedures regarding\n§ 195.405(a). IMTT provided the OME and the Lightning Policy. The OME and the Lightning\nPolicy failed to indicate any process or details for protection against ignitions involving\naboveground breakout tanks, nor did it provide a reason why compliance with all or certain\nprovision of API RP 2003 is not necessary for the safety of a particular breakout tank.\nFurthermore, the Lightning Policy was not referenced or linked to the IMTT OME manual.\nTherefore, IMTT procedures failed to include provisions for protecting against ignitions arising\nout of static electricity, lightning, and stray currents during operation and maintenance activities\ninvolving aboveground breakout tanks in accordance with API RP 2003, per the requirement of\n§ 195.405(a).\n7. § 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.\nIMTT’s procedures for maintenance and normal operations were inadequate to assure safe\noperation of a pipeline facility. Specifically, IMTT’s Corrosion Manual failed to include a process\nfor verifying that its supervisors maintain a thorough knowledge of that portion of the corrosion\ncontrol procedures established under § 195.402(c)(3) for which they are responsible for insuring\ncompliance, in accordance with § 195.555.\nSection 195.555 states that operators “…must require and verify that supervisors maintain a\nthorough knowledge of that portion of the corrosion control procedures established under\n§195.402(c)(3) for which they are responsible for insuring compliance.”\nDuring the inspection, PHMSA requested IMTT’s procedures regarding § 195.555, and IMTT\nprovided its Corrosion Manual. Section 6 of the Corrosion Manual stated in part, “The Company\nrequires and must verify that supervisors (Asset Managers and/or their designees) maintain a\nthorough knowledge of that portion of the corrosion control procedures for which they are\nresponsible for insuring compliance. The supervisors will review Corrosion Control procedures as\nneeded to keep abreast of their responsibilities. This review will be documented on a training sign-\nin sheet or in the employee's training history.”\nHowever, the Corrosion Manual failed to include any procedure or details on how IMTT verifies\nthat supervisors maintain a thorough knowledge of the corrosion control procedures.\n12022015NOA_Notice of Amendment_03152022_(21-199001)_text Page 6 of 13\n\n\n\nCPF 1-2022-015-NOA\nTherefore, IMTT’s procedures failed to include a process for verifying that its supervisors maintain\na thorough knowledge of that portion of the corrosion control procedures established under §\n195.402(c)(3) for which they are responsible for insuring compliance, in accordance with §\n195.555. IMTT must revise its procedures to address this requirement.\n8. § 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.\nIMTT’s procedures for maintenance and normal operations were inadequate to assure safe\noperation of a pipeline facility. Specifically, IMTT’s OME and Lightning Policy failed to include\ndetails on protecting the pipeline against damage from fault currents or lightning, in accordance\nwith § 195.575(e).\nSection 195.575(e) states that “If a pipeline is in close proximity to electrical transmission tower\nfootings, ground cables, or counterpoise, or in other areas where it is reasonable to foresee fault\ncurrents or an unusual risk of lightning, you must protect the pipeline against damage from fault\ncurrents or lightning and take protective measures at insulating devices.”\nDuring the inspection, PHMSA requested IMTT’s procedures regarding fault current and lightning\nprotection. IMTT provided the OME and the Lightning Policy; however, the OME failed to\ninclude any procedure or details for protecting the pipeline against damage from fault currents or\nlightning. Furthermore, the Lightning Policy was not referenced or linked to the IMTT OME\nmanual.\nTherefore, IMTT’s procedures failed to include details for protecting the pipeline against damage\nfrom fault currents or lightning in accordance with § 195.575(e). IMTT must revise its procedures\nto address this requirement.\n9. § 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.\n12022015NOA_Notice of Amendment_03152022_(21-199001)_text Page 7 of 13\n\n\n\nCPF 1-2022-015-NOA\nIMTT’s procedures for maintenance and normal operations were inadequate to assure safe\noperation of a pipeline facility. Specifically, IMTT’s Corrosion Manual and OME failed to\ndescribe the interval and method for performing routine in-service (monthly) inspections of\nbreakout tanks per the requirements of § 195.432(b).\nSection § 195.432(b) states:\nEach operator must inspect the physical integrity of in-service atmospheric and\nlow-pressure steel above-ground breakout tanks according to API Std 653 (except\nsection 6.4.3, Alternative Internal Inspection Interval) (incorporated by reference,\nsee §195.3). However, if structural conditions prevent access to the tank bottom, its\nintegrity may be assessed according to a plan included in the operations and\nmaintenance manual under §195.402(c)(3). The risk-based internal inspection\nprocedures in API Std 653, section 6.4.3 cannot be used to determine the internal\ninspection interval.\nAPI Standard 653 – Section 6.3.1.2 states in part, “The interval of such inspections shall be\nconsistent with conditions at the particular site, but shall not exceed one month.”\nDuring the inspection, PHMSA requested IMTT’s procedures regarding in-service monthly\nbreakout tank inspections. IMTT was unable to provide a relevant procedure to the requirement\nand indicated that it is not currently in its procedures.\nTherefore, IMTT’s procedures failed to describe the interval and method for performing routine\nin-service (monthly) inspections of breakout tanks, in accordance with § 195.432(b). IMTT must\nrevise its procedures to address this requirement.\n10. § 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.\nIMTT’s procedures for maintenance and normal operations were inadequate to assure safe\noperation of a pipeline facility. Specifically, IMTT’s Corrosion Manual and OME failed to\ndescribe the interval and method for performing external ultrasonic thickness inspections of\nbreakout tanks per the requirements of § 195.432(b) (quoted in full in Item 9).\nAPI Standard 653 – Section 6.3.3.1 states in part, “External, ultrasonic thickness measurements of\nthe shell can be a means of determining a rate of uniform general corrosion while the tank is in\nservice, and can provide an indication of the integrity of the shell. The extent of such measurements\nshall be determined by the owner/operator.”\n12022015NOA_Notice of Amendment_03152022_(21-199001)_text Page 8 of 13\n\n\n\nCPF 1-2022-015-NOA\nDuring the inspection, PHMSA requested IMTT’s procedures regarding external ultrasonic\nthickness breakout tank inspections. IMTT was unable to provide a relevant procedure to the\nrequirement and indicated that it is not currently in its procedures.\nTherefore, IMTT’s procedures failed to describe the interval and method for performing external\nultrasonic thickness inspections of breakout tanks, in accordance with § 195.432(b). IMTT must\nrevise its procedures to address this requirement.\n11. § 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.\nIMTT’s procedures for maintenance and normal operations were inadequate to assure safe\noperation of a pipeline facility. Specifically, IMTT’s Corrosion Manual and OME failed to\ndescribe the interval and method for performing internal inspections of breakout tanks per the\nrequirements of § 195.432(b) (quoted in full in Item 9).\nAPI Standard 653 – Section 6.4.1.2 stated in Part:\nAll tanks shall have a formal internal inspection conducted at the intervals defined by\n6.4.2 or 6.4.3.\nAPI Standard 653 – Section 6.4.2.1 stated in Part:\nIntervals between internal inspections shall be determined by the corrosion rates\nmeasured during previous inspections or anticipated based on experience with tanks\nin similar service. Normally, bottom corrosion rates will control and the inspection\ninterval will be governed by the measured or anticipated corrosion rates and the\ncalculations for minimum required thickness of tank bottoms (see 4.4.7). The actual\ninspection interval shall be set to ensure that the bottom plate minimum thicknesses\nat the next inspection are not less than the values listed in Table 6-1. In no case,\nhowever, shall the internal inspection interval exceed 20 years.\nDuring the inspection, PHMSA requested IMTT’s procedures regarding internal breakout tank\ninspections. IMTT was unable to provide a relevant procedure to the requirement and indicated\nthat it is not currently in its procedures.\nTherefore, IMTT’s procedures failed to describe the interval and method for performing internal\ninspections of breakout tanks, in accordance with § 195.432(b). IMTT must revise its procedures\nto address this requirement.\n12022015NOA_Notice of Amendment_03152022_(21-199001)_text Page 9 of 13\n\n\n\nCPF 1-2022-015-NOA\n12. § 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.\nIMTT’s procedures for maintenance and normal operations were inadequate to assure safe\noperation of a pipeline facility. Specifically, IMTT’s Corrosion Manual and OME failed to\ndescribe the interval and method for performing external inspections of breakout tanks per the\nrequirements of § 195.432(b) (quoted in full in Item 9).\nAPI Standard 653 – Section 6.3.2.1 states in Part:\nAll tanks shall be given a visual external inspection by an authorized inspector. This\ninspection shall be called the external inspection and must be conducted at least every\n5 years or RCA/4N years (where RCA is the difference between the measured shell\nthickness and the minimum required thickness in mils, and N is the shell corrosion\nrate in mils per year) whichever is less. Tanks may be in operation during this\ninspection.\nDuring the inspection, PHMSA requested IMTT’s procedures regarding external breakout tank\ninspections. IMTT was unable to provide a relevant procedure to the requirement and indicated\nthat it is not currently in its procedures.\nTherefore, IMTT’s procedures failed to describe the interval and method for performing external\ninspections of breakout tanks, in accordance with § 195.432(b). IMTT must revise its procedures\nto address this requirement.\n13. § 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(7) Starting up and shutting down any part of the pipeline system\nin a manner designed to assure operation within the limits prescribed\nby §195.406, consider the hazardous liquid or carbon dioxide in\ntransportation, variations in altitude along the pipeline, and pressure\nmonitoring and control devices.\nIMTT’s procedures for maintenance and normal operations were inadequate to assure safe\noperation of a pipeline facility. Specifically, IMTT’s OME and Control Room Management Plan,\n12022015NOA_Notice of Amendment_03152022_(21-199001)_text Page 10 of 13\n\n\n\nCPF 1-2022-015-NOA\ndated August, 2020 (CRM) failed to include procedures for shutting down any part of the pipeline\nsystem in a manner designed to assure operation within the limits prescribed by § 195.406,\nconsidering the hazardous liquid, variations in altitude along the pipeline, and pressure monitoring\nand control devices.\nDuring the inspection, PHMSA requested IMTT’s procedure regarding shutting down the pipeline\nsystem. IMTT provided its OME, which states in Section 3.6, “Normal Shutdown Procedure- The\nfollowing steps apply for normal shutdown of the pipeline: The Controller notifies the origin\nstation as to when the pipeline will be shut down. If the transfer is between one or more IMTT-\nPipeline terminals, then the origin station is another IMTT Pipeline Terminal. The origin station\npumps are shut down first. The IMTT-Pipeline pumps are shut down in succession, starting with\nthe pumps closest to the origin station.”\nWhen the PHMSA requested further information on the requirements within § 195.402(c)(7), such\nas how the limits prescribed by § 195.406 are considered as well as what the process is for shutting\ndown critical pipeline components (i.e., valves) in the system, IMTT was unable to provide a\nresponse.\nTherefore, IMTT’s procedures failed to include procedures for shutting down any part of the\npipeline system in a manner designed to assure operation within the limits prescribed by § 195.406,\nin accordance with § 195.402(c)(7). IMTT must revise its procedures to address this requirement.\n14. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(e) Emergencies. The manual required by paragraph (a) of this\nsection must include procedures for the following to provide safety\nwhen an emergency condition occurs:\n(1) …\n(3) Having personnel, equipment, instruments, tools, and material\navailable as needed at the scene of an emergency.\nIMTT’s procedures for operations, maintenance and emergencies were inadequate to assure safe\noperation of a pipeline facility. Specifically, IMTT’s FRP failed to include processes to ensure the\navailability of personnel, equipment, instruments, tools, and materials as needed at the scene of an\nemergency in accordance with § 195.402(e)(3).\nDuring the inspection, PHMSA requested IMTT’s procedures regarding § 195.402(e)(3). IMTT\nindicated that this information was included in the response equipment list, and that they use a\ncommunication system and i-respond app-based service in emergencies. However, the FRP did\nnot provide further details to ensure that personnel, instruments, tools, and materials are at the\nscene of an emergency, nor did it discuss or mention IMTT’s use of i-respond communication\nsystem.\nTherefore, IMTT’s procedures failed to include processes to ensure the availability of personnel,\nequipment, instruments, tools, and materials as needed at the scene of an emergency, in accordance\nwith § 195.402(e)(3). IMTT must revise its procedures to address this requirement.\n12022015NOA_Notice of Amendment_03152022_(21-199001)_text Page 11 of 13\n\n\n\nCPF 1-2022-015-NOA\n15. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(f) Safety-related condition reports. The manual required by\nparagraph (a) of this section must include instructions enabling\npersonnel who perform operation and maintenance activities to\nrecognize conditions that potentially may be safety-related conditions\nthat are subject to the reporting requirements of § 195.55.\nIMTT’s procedures for safety related conditions were inadequate to assure safe operation of a\npipeline facility. Specifically, IMTT’s OME failed to include instructions enabling personnel who\nperform operation and maintenance activities to recognize conditions that potentially may be\nsafety-related conditions that are subject to the reporting requirements of § 195.55.\nDuring the inspection, PHMSA requested IMTT’s procedure regarding recognizing safety related\nconditions. IMTT provided the OME and indicated that while they perform training for\nrecognizing potential safety related conditions, it is not addressed in its procedure.\nTherefore, IMTT’s procedures failed to include instructions in its written procedures for personnel\nto recognize conditions that potentially may be safety-related conditions in accordance with\n§ 195.402(f). IMTT must revise its procedures to address this requirement.\n16. § 195.403 Emergency response training.\n(a) ...\n(c) Each operator shall require and verify that its supervisors\nmaintain a thorough knowledge of that portion of the emergency\nresponse procedures established under 195.402 for which they are\nresponsible to ensure compliance.\nIMTT’s procedures for emergency response training were inadequate to assure safe operation of a\npipeline facility. Specifically, IMTT’s FRP failed to require and include a process to verify that\nsupervisors be knowledgeable of emergency response procedures for which they are responsible\nfor per the requirements of § 195.403(c).\nDuring the inspection, PHMSA requested IMTT’s procedures regarding emergency response\nsupervisor training. IMTT was unable to provide a response and was unable to provide a relevant\nsection of its FRP or other manuals which indicated how IMTT complies with the requirement.\nTherefore, IMTT's procedures failed to require and include a process to verify that supervisors are\nknowledgeable of emergency response procedures for which they are responsible for, in\naccordance with § 195.403(c). IMTT must revise its procedures to address this requirement.\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\n12022015NOA_Notice of Amendment_03152022_(21-199001)_text Page 12 of 13\n\n\n\nCPF 1-2022-015-NOA\nProceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 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 IMTT-Pipeline 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, Eastern Region, Pipeline and\nHazardous Materials Safety Administration, 840 Bear Tavern Road, Suite 300, West Trenton, NJ\n08628. In correspondence concerning this matter, please refer to CPF 1-2022-015-NOA and, for\neach document you submit, please provide a copy in electronic format whenever possible. Smaller\nfiles may be emailed to robert.burrough@dot.gov. Larger files should be sent on USB flash drive\naccompanied by the original paper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n12022015NOA_Notice of Amendment_03152022_(21-199001)_text Page 13 of 13\n\n12022015NOA_Closure Letter_11222022_(21-199001)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nNovember 22, 2022\nMr. Carlin Conner\nPresident and Chief Executive Officer\nIMTT-Pipeline\n400 Poydras Street, Suite 3000\nNew Orleans, Louisiana 70130\nCPF 1-2022-015-NOA\nDear Mr. Connor:\nFrom May 10, 2021 through May 24, 2021, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nprocedures utilized by IMTT-Bayonne and IMTT-Pipeline (IMTT) as part of a PHMSA integrated\ninspection. As a result of the inspection, IMTT was issued a Notice of Amendment (NOA) on\nMarch 15, 2022, which proposed amendment of your procedures. IMTT requested a time-\nextension of 60-days on April 14, 2022. On April 21, 2022, PHMSA granted the time extension\nletter. IMTT submitted the remainder of its amended procedures on June 13, 2022. On August 4,\n2022, PHMSA addressed additional concerns with IMTT regarding the inadequacies identified in\nthe amended procedures. IMTT re-submitted its amended procedures from September 26, 2022\nthrough November 10, 2022. My staff reviewed the amended procedures, and it appears that the\ninadequacies outlined in this Notice of Amendment 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","truncated":false,"body_characters":37985}