{"operation":"document","citation":"CPF 220126022M","title":"BUCKEYE DEVELOPMENT & LOGISTICS, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-10-29","effective_on":null,"summary":"CLOSED notice of amendment citing 195.214(a), 195.214(b), 195.230(b), 195.230(c), 195.402(d)(2), 195.402(d)(5), 195.571.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126022m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126022m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126022m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220126022M","body":"Notice of Amendment involving BUCKEYE DEVELOPMENT & LOGISTICS, LLC. PHMSA's enforcement data identifies the cited regulations as 195.214(a),  195.214(b),  195.230(b),  195.230(c),  195.402(d)(2),  195.402(d)(5),  195.571. The case was opened on 2012-10-29 and is reported as closed as of 2013-01-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220126022M_closure letter_01242013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126022M/220126022M_closure%20letter_01242013.pdf\n\n220126022M_closure letter_01242013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126022M/220126022M_closure%20letter_01242013_text.pdf\n\n220126022M_notice of amendment_10292012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126022M/220126022M_notice%20of%20amendment_10292012.pdf\n\n220126022M_notice of amendment_10292012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126022M/220126022M_notice%20of%20amendment_10292012_text.pdf\n\n220126022M_Operator_response_01142013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126022M/220126022M_Operator_response_01142013.pdf\n\n220126022M_closure letter_01242013_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 24, 2013\nMr. T. Scott Collier\nVice President, Performance Assurance & Asset Integrity\nBuckeye Development & Logistics, LLC\nFive Tek Park\n9999 Hamilton Blvd.\nBreinigsville, PA 18031\nCPF 2-2012-6022M\nDear Mr. Collier:\nFrom May 7-11 and August 13-16, 2012, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Southern Region, Office of Pipeline Safety\ninspected the Buckeye Development & Logistics, LLC (Buckeye) written operations and\nmaintenance (O&M) procedures manual in Macon, GA and Goldsboro, NC, pursuant to\nChapter 601 of 49 United States Code. As a result of the inspection, PHMSA issued a Notice\nof Amendment (NOA) on October 29, 2012.\nOn November 28, 2012, Buckeye sent an email to the Southern Region requesting a time\nextension to respond to the NOA. I granted an extension until January 15, 2013, via return\nemail on the same day.\nThe PHMSA Southern Region received your written response to the NOA dated\nJanuary 14, 2013. We have reviewed the responses and find them adequate. This letter is to\ninform you that Buckeye has complied with the terms of the NOA and that no further actions\nare necessary with regards to the NOA. This case is now closed.\nPlease be advised that this letter refers only to the NOA (CPF 2-2012-6022M) and not to any\nother PHMSA pending cases, if any. Also be advised that nothing herein states or implies\nthat the above described O&M procedures meet the requirements of the federal pipeline safety\nregulations or that the O&M procedures are approved. The pipeline system and O&M\nprocedures remain subject to inspection by PHMSA.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n\n220126022M_notice of amendment_10292012_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 29, 2012\nMr. T. Scott Collier\nVice President, Performance Assurance & Asset Integrity\nBuckeye Development & Logistics, LLC\nFive Tek Park\n9999 Hamilton Blvd.\nBreinigsville, PA 180310\nCPF 2-2012-6022M\nDear Mr. Collier:\nFrom May 7-11 and August 13-16, 2012, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) inspected the pipelines operated by Buckeye\nDevelopment & Logistics, LLC (Buckeye) in Macon, GA and Goldsboro, NC, pursuant to\nChapter 601 of 49 United States Code.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies within\nBuckeye’s written operations and maintenance (O&M) procedures, as described below:\n1. § 195.214 Welding procedures.\n(a) Welding must be performed by a qualified welder in accordance with welding\nprocedures qualified under Section 5 of API 1104 or Section IX of the ASME Boiler\nand Pressure Vessel Code (incorporated by reference, see §195.3) . The quality of the\ntest welds used to qualify the welding procedure shall be determined by destructive\ntesting.\nBuckeye’s written O&M procedures for qualifying its welding procedures did not require\nthat the quality of the test welds be determined by destructive testing.\n2. § 195.214 Welding procedures.\n(b) Each welding procedure must be recorded in detail, including the results of the\nqualifying tests. This record must be retained and followed whenever the procedure\nis used.\nBuckeye’s written O&M procedures did not require that welding procedures, including\nthe results of the qualifying tests be recorded in detail.\n3. § 195.230 Welds: Repair or removal of defects.\n... (b) Each weld that is repaired must have the defect removed down to sound metal\nand the segment to be repaired must be preheated if conditions exist which would\n\n\n\nadversely affect the quality of the weld repair. After repair, the segment of the weld\nthat was repaired must be inspected to ensure its acceptability.\nBuckeye’s written O&M procedures did not require each weld that is repaired have the\ndefect removed down to sound metal, be preheated if conditions exist which would\nadversely affect the quality of the weld repair, or that the repaired segment of the weld be\ninspected to ensure its acceptability.\n4. § 195.230 Welds: Repair or removal of defects.\n... (c) Repair of a crack, or of any defect in a previously repaired area must be in\naccordance with written weld repair procedures that have been qualified under\n§195.214. Repair procedures must provide that the minimum mechanical properties\nspecified for the welding procedure used to make the original weld are met upon\ncompletion of the final weld repair.\nBuckeye’s written O&M procedures did not require that its weld repair procedures\nprovide the minimum mechanical properties specified for the welding procedure used to\nmake the original weld be met upon completion of the final weld repair.\n5. 6. 7. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n... (d) Abnormal operation. The manual required by paragraph (a) of this section\nmust include procedures for the following to provide safety when operating design\nlimits have been exceeded:\n... (2) Checking variations from normal operation after abnormal operation has\nended at sufficient critical locations in the system to determine continued integrity\nand safe operation.\nBuckeye’s written O&M procedures were inadequate for checking variations from normal\noperations, after an abnormal operation has ended, at sufficient critical locations in the\nsystem to determine continued integrity and safe operation. The procedures did not\nspecify which critical locations in the system would be checked or what would be checked\nat those locations to determine continued integrity and safe operation.\n§ 195.402 Procedural manual for operations, maintenance, and emergencies.\n... (d) Abnormal operation. The manual required by paragraph (a) of this section\nmust include procedures for the following to provide safety when operating design\nlimits have been exceeded:\n... (5) Periodically reviewing the response of operator personnel to determine the\neffectiveness of the procedures controlling abnormal operation and taking corrective\naction where deficiencies are found.\nBuckeye’s written O&M procedures did not require periodically reviewing the response of\noperator personnel to determine the effectiveness of the procedures controlling abnormal\noperation and taking corrective action where deficiencies are found.\n§ 195.571 What criteria must I use to determine the adequacy of cathodic\nprotection?\nCathodic protection required by this Subpart must comply with one or more of the\napplicable criteria and other considerations for cathodic protection contained in\nparagraphs 6.2 and 6.3 of NACE SP 0169 (incorporated by reference, see §195.3).\n2\n\n\n\nBuckeye’s written O&M procedures did not adequately address how Buckeye complied\nwith one or more of the applicable criteria and other considerations for cathodic protection\ncontained in paragraphs 6.2 and 6.3 of NACE SP 0169, which is incorporated by reference\nin §195.3.\nBuckeye’s procedures did not provide guidance or explanation on how Buckeye\nconsidered voltage drops other than those across the structure-to-electrolyte boundary.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 30 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIt is requested (not mandated) that Buckeye Development & Logistics, LLC maintain\ndocumentation of the safety improvement costs associated with fulfilling this Notice of\nAmendment (preparation/revision of plans, procedures) and submit the total to\nWayne T. Lemoi, Director, Southern Region, Pipeline and Hazardous Materials Safety\nAdministration. In correspondence concerning this matter, please refer to\nCPF 2-2012- 6022M and, for each document you submit, please provide a copy in electronic\nformat whenever possible.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3","truncated":false,"body_characters":10679}