{"operation":"document","citation":"CPF 320215005M","title":"JAYHAWK PIPELINE LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-02-09","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3), 195.452(f)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320215005m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320215005m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320215005m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320215005M","body":"Notice of Amendment involving JAYHAWK PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.452(f)(4). The case was opened on 2021-02-09 and is reported as closed as of 2021-03-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320215005M_Closure Letter_03122021.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320215005M/320215005M_Closure%20Letter_03122021.pdf\n\n320215005M_Closure Letter_03122021_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320215005M/320215005M_Closure%20Letter_03122021_text.pdf\n\n320215005M_Notice of Amendment_02092021.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320215005M/320215005M_Notice%20of%20Amendment_02092021.pdf\n\n320215005M_Notice of Amendment_02092021_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320215005M/320215005M_Notice%20of%20Amendment_02092021_text.pdf\n\n320215005M_Operator Response to Notice_03102021.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320215005M/320215005M_Operator%20Response%20to%20Notice_03102021.pdf\n\n320215005M_Closure Letter_03122021_text.pdf\n\nVIA ELECTRONIC MAIL TO: greg.brown@chsinc.com, Michelle.Slyder@chsinc.com\nMarch 12, 2021\nGreg Brown\nCHS Vice President Pipelines and Terminals\nJayhawk Pipeline, L.L.C. President\n803 Highway 212 South\nLaurel, MT 59044\nRe: CPF 3-2021-5005M\nDear Mr. Brown:\nFrom April 30, 2018, through August 17, 2018, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\ninspected Jayhawk Pipeline, LLC’s (Jayhawk) written operations and maintenance (O&M)\nprocedures in McPherson, Kansas. As a result of the inspection, Jayhawk was issued a Notice of\nAmendment on February 9, 2021, which proposed amendment of your procedures.\nJayhawk submitted its amended procedures on March 10, 2021. 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,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\ncc: Michelle Slyder, Manager, DOT Compliance Pipelines and Terminals\n\n320215005M_Notice of Amendment_02092021_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: greg.brown@chsinc.com, Michelle.Slyder@chsinc.com\nFebruary 9, 2021\nMr. Greg Brown\nCHS Vice President Pipelines and Terminals\nJayhawk Pipeline, L.L.C. President\n803 Highway 212 South\nLaurel, MT 59044\nCPF 3-2021-5005M\nDear Mr. Brown:\nFrom April 30, 2018, through August 17, 2018, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\ninspected Jayhawk Pipeline, LLC’s (Jayhawk) written operations and maintenance (O&M)\nprocedures in McPherson, Kansas.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nJayhawk’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 paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\n\n\n\n2. 3. Jayhawk’s procedure 813.1(c) for Tank Construction, Repair and Maintenance, effective\nFebruary 2, 2018, fails to adequately reference the correct edition of the American\nPetroleum Institute (API) Standard (Std.) 650 as required by § 195.132(b)(3).\nSpecifically, Jayhawk procedure 813.1(c) for Tank Construction, Repair and\nMaintenance, effective February 2, 2018, does not reference API Std. 650, “Welded Steel\nTanks for Oil Storage,” 11th edition, June 2007, effective February 1, 2012, (including\naddendum 1 (November 2008), addendum 2 (November 2009), addendum 3 (August\n2011), and errata (October 2011)).\nTherefore, Jayhawk must amend its procedure to adequately reference the correct version\nof API 650.\n§ 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a)…\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\nJayhawk’s procedure 813.1(a) for Tank Construction, Repair and Maintenance, effective\nFebruary 2, 2018, fails to adequately reference the correct edition of API Recommended\nPractice (RP) 2350 that is required by § 195.428(c).\nSpecifically, Jayhawk procedure 813.1(a) for design and construction of aboveground\nbreakout tanks, effective February 2, 2018, does not reference API Recommended\nPractice 2350, “Overfill Protection for Storage Tanks in Petroleum Facilities,” 3rd\nedition, January 2005.\nTherefore, Jayhawk must amend its procedure to adequately reference the correct version\nof API RP 2350.\n§ 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a)…\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\nJayhawk’s procedure 813.1(e) for Tank Construction, Repair and Maintenance, effective\nFebruary 2, 2018, fails to adequately reference the correct edition of API Std 653 that is\nrequired by § 195.432(b).\n2\n\n\n\nSpecifically, Jayhawk procedure 813.1(e) for design and construction of aboveground\nbreakout tanks, effective February 2, 2018, does not reference API Standard 653, “Tank\nInspection, Repair, Alteration, and Reconstruction,” 3rd edition, December 2001,\n(including addendum 1 (September 2003), addendum 2 (November 2005), addendum 3\n(February 2008), and errata (April 2008)).\nTherefore, Jayhawk must amend its procedure to adequately reference the correct version\nof API Std 653.\n4. § 195.452 Pipeline integrity management in high consequence areas.\n(a) . . .\n(f) What are the elements of an integrity management program? An integrity\nmanagement program begins with the initial framework. An operator must\ncontinually change the program to reflect operating experience, conclusions drawn\nfrom results of the integrity assessments, and other maintenance and surveillance\ndata, and evaluation of consequences of a failure on the high consequence area. An\noperator must include, at minimum, each of the following elements in its written\nintegrity management program:\n(4) Criteria for remedial actions to address integrity issues raised by the assessment\nmethods and information analysis (see paragraph (h) of this section);\nJayhawk’s Integrity Management (IM) procedures failed to properly define the criteria\nfor remedial action as required by § 195.452(h)(4)(iii)(D).\nSpecifically, Jayhawk’s IM Procedure for 180-day repair conditions procedure 5.6.3.4,\neffective June 15, 2017, incorrectly states that the remaining strength of the pipe is less\nthan ‘maximum operating pressure’ (MOP) at the anomaly instead of the ‘operating\npressure.’\nTherefore, Jayhawk must amend its procedure to adequately define a 180-day repair\ncondition.\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\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 for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for\n3\n\n\n\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment 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\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n30 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Energy Transfer Company 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 Gregory A. Ochs, Director,\nCentral Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 3-2021-5005M and, for each document you submit,\nplease provide a copy in electronic format whenever possible.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: Michelle.Slyder@chsinc.com , Director Regulatory Compliance\n4","truncated":false,"body_characters":10231}