{"operation":"document","citation":"CPF 12023061NOA","title":"DELAWARE PIPELINE COMPANY, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-12-26","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(13), 195.402(c)(3), 195.402(e)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023061noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023061noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023061noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023061NOA","body":"Notice of Amendment involving DELAWARE PIPELINE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(13),  195.402(c)(3),  195.402(e)(2). The case was opened on 2023-12-26 and is reported as closed as of 2024-02-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023061NOA_Closure Letter_02092024_(22-234212).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023061NOA/12023061NOA_Closure%20Letter_02092024_(22-234212).pdf\n\n12023061NOA_Closure Letter_02092024_(22-234212)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023061NOA/12023061NOA_Closure%20Letter_02092024_(22-234212)_text.pdf\n\n12023061NOA_Notice of Amendment_12262023_(22-234212).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023061NOA/12023061NOA_Notice%20of%20Amendment_12262023_(22-234212).pdf\n\n12023061NOA_Notice of Amendment_12262023_(22-234212)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023061NOA/12023061NOA_Notice%20of%20Amendment_12262023_(22-234212)_text.pdf\n\n12023061NOA_Operator Response to Notice_01252024_(22-234212).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023061NOA/12023061NOA_Operator%20Response%20to%20Notice_01252024_(22-234212).pdf\n\n12023061NOA_Closure Letter_02092024_(22-234212)_text.pdf\n\nVIA ELECTRONIC MAIL TO: jim.fedena@pbfenergy.com\nFebruary 9, 2024\nMr. Jim Fedena\nSenior Vice President, Logistics\nDelaware Pipeline Company LLC\n1 Sylvan Way, 2nd floor\nParsippany, New Jersey 07054\nCPF 1-2023-061-NOA\nDear Mr. Fedena:\nFrom February 28 to March 2, 2023, a representative from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, conducted\nan on-site pipeline safety inspection of Delaware Pipeline Company LLC’s (DPC) procedures in\nDelaware City, Delaware. As a result of the inspection, DPC was issued a Notice of Amendment\non December 26, 2023, which proposed amendment of your procedures.\nDPC submitted its amended procedures on January 25, 2024, and February 6, 2024. 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\n\n12023061NOA_Notice of Amendment_12262023_(22-234212)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: jim.fedena@pbfenergy.com\nDecember 26, 2023\nMr. Jim Fedena\nSenior Vice President, Logistics\nDelaware Pipeline Company LLC\n1 Sylvan Way, 2nd floor\nParsippany, New Jersey 07054\nCPF 1-2023-061-NOA\nDear Mr. Fedena:\nFrom February 28 to March 2, 2023, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected Delaware Pipeline Company LLC’s (DPC) procedures for maintenance and normal\noperations as part of an integrated inspection in Delaware City, Delaware.\nAs a result of the inspection, PHMSA has identified the apparent inadequacies found within DPC’s\nplans or procedures. The items inspected and the inadequacies are described below.\n1. § 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(2) Prompt and effective response to a notice of each type of\nemergency, including fire or explosion occurring near or directly\ninvolving a pipeline facility, accidental release of hazardous liquid or\ncarbon dioxide from a pipeline facility, operational failure causing a\nhazardous condition, and natural disaster affecting pipeline facilities.\nDPC’s written emergency procedures for providing prompt and effective response to a notice of\neach type of emergency were inadequate to ensure safe operation of a pipeline. Specifically,\n\n\n\nDPC’s Delaware Response Plan - Delaware Response Zone, dated 8/22/2022 (Delaware Response\nZone Procedures), failed to provide a detailed Emergency Response Plan in case of an operational\nfailure causing a hazardous condition as is required by § 195.402(e)(2).\nDuring the inspection, PHMSA reviewed DPC’s Delaware Response Zone Procedures, regarding\nthe specific emergencies considered as part of the company’s response plan. Pages 2-3 of said\nprocedure stated in part: “These emergencies are discussed in the order listed below: Spills, Fire\nand/or Explosions, Medical Emergency / Personal Injury, Natural Disaster / Severe Weather,\nSecurity-Related Incidents, Evacuation”. The listed emergencies were noted in DPC’s Delaware\nResponse Zone Procedures; however, the procedures did not include provisions to adequately\naddress operational failure causing a hazardous condition, as required by § 195.402(e)(2).\nTherefore, DPC’s written procedures were inadequate to demonstrate compliance with\n§ 195.402(e)(2). DPC must revise its emergency procedures to address operational failures\ncausing hazardous conditions.\n2. § 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.\nDPC’s written procedures for operating and maintaining its pipeline in accordance with\nrequirements of Subpart F of 49 CFR Part 195 were inadequate to ensure safe operation of a\npipeline facility. Specifically, DPC’s DOT Compliance Manual, CV-003 Pipeline and Tank\nMaintenance, Rev. 5 (Pipeline and Tank Maintenance Procedures), paraphrased the regulatory text\nand failed to provide sufficient details on the process(es) that will facilitate compliance with the\nrequirements of § 195.436.\nSection 195.436 requires that “Each operator shall provide protection for each pumping station\nand breakout tank area and other exposed facility (such as scraper traps) from vandalism and\nunauthorized entry.”\nDuring the inspection, PHMSA reviewed DPC’s Pipeline and Tank Maintenance Procedures\nregarding DPC’s procedures on security of facilities pursuant to § 195.436. The procedure stated\nin part: “Each pump station, breakout tank and other exposed facility shall be provided with\nprotection from vandalism and unauthorized entry. As a minimum, pump stations and breakout\ntanks shall be provided with appropriate fencing”; however, the term “appropriate fencing” was\nnot defined.\nTherefore, DPC’s written procedures were inadequate because they failed to provide sufficient\ndetails on the process(es) that demonstrate compliance with § 195.402(a) as it pertains to\n\n\n\n3. § 195.436. DPC must revise its written procedures to address what constitutes appropriate fencing.\n§ 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(13) Periodically reviewing the work done by operator personnel to\ndetermine the effectiveness of the procedures used in normal operation\nand maintenance and taking corrective action where deficiencies are\nfound.\nDPC’s written procedures for determining the effectiveness of its procedures used in normal\noperation and maintenance were inadequate to ensure safe operation of a pipeline facility.\nSpecifically, DPC’s DOT Compliance Manual, CV-000-B System Operating Manuals, Rev. 4,\ndated 2/14/2023 (System Operating Manual). DPC’s System Operating Manual failed to provide\nsufficient details on the process(es) that will facilitate compliance with the requirements of\n§195.402(c)(13).\nDuring the inspection, PHMSA reviewed DPC’s System Operating Manual regarding the\ncompany’s procedures pertinent to § 195.402(c)(13). Section 1.3 of said manual described annual\nreview of the company’s operating manuals and stated the company’s intention to comply with\n§195.402(c)(13); however, the manual failed to provide sufficient details of the process used for\ndetermining the effectiveness of procedures that are utilized in normal operation and maintenance.\nDPC then provided its DOT Compliance Manual, CV-011, Training, Section 1.6.2 (Training\nManual); however, that manual described evaluation of employees’ knowledge and understanding\nof the procedures, but failed to provide sufficient details on the process(es) that will facilitate\ncompliance with the requirements of §195.402(c)(13).\nTherefore, DPC’s written procedures pertaining to §195.402(c)(13) are inadequate to demonstrate\ncompliance. DPC must revise its written procedures to address the deficiency discussed above.\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.\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\nthe document 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).\n\n\n\nP.P.\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 that Delaware Pipeline Company LLC 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. In correspondence concerning this matter, please refer\nto CPF 1-2023-061-NOA and, for each document you submit, please provide a copy in electronic\nformat whenever possible.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings","truncated":false,"body_characters":11558}