{"operation":"document","citation":"CPF 520136001M","title":"WYOMING PIPELINE COMPANY — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-06-26","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(a), 195.402(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520136001m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520136001m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520136001m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520136001M","body":"Notice of Amendment involving WYOMING PIPELINE COMPANY. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(c)(3). The case was opened on 2013-06-26 and is reported as closed as of 2015-09-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520136001M_closure letter_09242015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520136001M/520136001M_closure%20letter_09242015.pdf\n\n520136001M_closure letter_09242015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520136001M/520136001M_closure%20letter_09242015_text.pdf\n\n520136001M_notice of amendment_06262013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520136001M/520136001M_notice%20of%20amendment_06262013.pdf\n\n520136001M_notice of amendment_06262013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520136001M/520136001M_notice%20of%20amendment_06262013_text.pdf\n\n520136001M_Operator_Response_to_Notice_11212013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520136001M/520136001M_Operator_Response_to_Notice_11212013.pdf\n\n520136001M_notice of amendment_06262013_text.pdf\n\nNOTICE OF AMENDMENT\nVIA UPS 2ND DAY DELIVERY- 1Z WR2 578 02 9840 7727\nJune 26, 2013\nMr. Robert Neufeld\nVice President\nEnvironmental and Governmental Affairs\nWyoming Pipeline Co.\n1600 Broadway, Suite 2300\nDenver, CO 80202\nCPF 5-2013-6001M\nDear Mr. Neufeld:\nOn October 22-26, 2012, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nWyoming Pipeline Company’s (WPC) operations and maintenance (O&M) procedures in\nNewcastle, Wyoming.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nWPC’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 pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective.\nThis manual shall be prepared before initial operations of a pipeline system\n\n\n\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nWPC’s Operations and Maintenance (O&M) Procedure Manual did not include a provision in\ntheir manual to address the design and construction of a pipeline to allow passage of in-line\ninspection (ILI) devices as required by §195.120(a). Each new pipeline and/or each line section\nof a pipeline where the line pipe or components have been replaced must be designed and\nconstructed to accommodate passage of instrumented internal inspection devices. WPC’s O&M\nprocedure is inadequate because they did not clearly describe how their personnel will\nimplement the requirements of section §195.120(a) for new construction.\n2. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective.\nThis manual shall be prepared before initial operations of a pipeline system\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nWPC did not establish adequate written procedures for analyzing pipeline accidents to determine\nthe cause as required by §195.402(c)(5). WPC’s O&M procedure is inadequate because they did\nnot clearly describe what actions must be taken to meet the requirement of section\n§195.402(c)(5).\n3. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective.\nThis manual shall be prepared before initial operations of a pipeline system\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nWPC did not establish adequate written procedures for minimizing the potential for hazards and\nthe possibility of recurrence of accidents as required by §195.402(c)(6). WPC’s O&M procedure\nis inadequate because they did not clearly describe what actions must be taken to meet the\nrequirement of section §195.402(c)(6).\n4. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\n2\n\n\n\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.\nWPC’s O&M Procedure Manual did not include a section to address signage at pump stations\nand breakout tank areas. Signage at pumping stations and breakout tank areas are necessary to\nensure the operator can be reached at all times, including emergencies, as required by §195.434.\nWPC’s O&M procedure is inadequate because they did not clearly describe where signage must\nbe maintained to meet the requirements of section §195.434.\n5. §195.402 Procedural manual for operations, maintenance, and emergencies.\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.\nWPC did not establish adequate written procedures for testing, inspecting, and maintaining an\noverfill protection system at the required intervals per §195.428(c) and according to API\nRecommended Practice 2350. Overfill devices are required for aboveground breakout tanks that\nare constructed or significantly altered after October 2, 2000 as required by §195.428(c), unless\nan operator notes in the manual required by §195.402 why compliance with that part is not\nnecessary for safety of the tank. Therefore, WPC’s O&M procedure is inadequate because they\ndid not clearly describe what actions must be taken to meet the requirements of section\n§195.428(c).\n6. §195.402 Procedural manual for operations, maintenance, and emergencies.\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.\nWPC did not establish adequate written procedures for inspecting the physical integrity of in-\nservice atmospheric aboveground breakout tanks according to API Standard 653 as required by\n§195.432(b), e.g. routine in-service inspections (monthly), external inspection. WPC’s O&M\nprocedure is inadequate because they did not clearly describe how their personnel will\nimplement the requirements of section §195.432(b).\n3\n\n\n\n7. §195.402 Procedural manual for operations, maintenance, and emergencies.\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.\nWPC did not establish adequate written procedures for maintaining the daily operating records as\nrequired by §195.404(b). The daily operating records that indicate the discharge pressure at each\npump station, and any emergency or abnormal operation shall be maintained for at least 3 years.\nTherefore, WPC’s O&M procedure is inadequate because they did not clearly define what is an\ninterval for maintaining the daily operating records as required by §195.404(b).\n8. §195.402 Procedural manual for operations, maintenance, and emergencies.\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.\nWPC did not establish adequate written procedures for maintaining current records or maps to\nshow the location of cathodically protected pipelines, cathodic protection facilities, and\nneighboring structures bonded to cathodic protection systems as required by subpart H,\n§195.589(a). WPC’s O&M procedure is inadequate because they did not clearly describe what\nactions must be taken to meet the requirements of section §195.589(a).\n9. §195.402 Procedural manual for operations, maintenance, and emergencies.\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.\nWPC did not establish adequate written procedures to address when and how cathodic protection\nsystem used to control corrosion on the bottom of an aboveground breakout tank must be\ninspected per subpart H, §195.573(d). Each cathodic protection system used to control corrosion\non the bottom of an aboveground breakout tank must be inspected in accordance with API\nRecommended Practice 651 as required by §195.573(d), unless operator notes in the corrosion\ncontrol procedures established under §195.402(c)(3) why compliance with all or certain\noperation and maintenance provisions of API RP 651 is not necessary for the safety of the tank.\n4\n\n\n\nMeanwhile, WPC’s O&M procedure is inadequate because they did not clearly describe how\ntheir personnel will implement the requirements of section §195.573(d).\n10. §195.402 Procedural manual for operations, maintenance, and emergencies.\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.\nWPC did not establish adequate written procedures to describe the circumstances in which a CIS\nor comparable technology is practicable and necessary, as required by subpart H, §195.573(a)(2),\nand in accordance with paragraph 10.1.1.3 of NACE SP 0169. Each operator must identify not\nmore than 2 years after cathodic protection is installed, the circumstances in which a close-\ninterval survey or comparable technology is practicable and necessary as required by\n§195.573(a)(2). WPC’s O&M procedure is inadequate because they did not clearly describe how\ntheir personnel will implement the requirements of section §195.573(a)(2).\n11. §195.402 Procedural manual for operations, maintenance, and emergencies.\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.\nWPC did not establish adequate written procedures for defining the interference bonds (critical\nand non-critical) and how to electrically check for proper performance of each bond as required\nby subpart H, §195.573(c). The O&M manual needs to address the difference between critical\nand non-critical bonds and how to inspect the two (2) types. Interference Bond whose failure\nwould jeopardize structural protection must be inspected as required by §195.573(c). WPC’s\nO&M procedure is inadequate because they did not clearly describe how their personnel will\nimplement the requirements of section §195.573(c).\n12. §195.402 Procedural manual for operations, maintenance, and emergencies.\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.\n5\n\n\n\nWPC did not establish adequate written procedures for electrically isolating each buried or\nsubmerged pipeline from other metallic structures unless they electrically interconnect and\ncathodically protect the pipeline and other structures as a single unit per subpart H, §195.575(a).\nThe O&M manual needs to describe the criteria for isolation as required by §195.575(a), e.g.\ncasings, custody transfer points/flanges. WPC’s O&M procedure is inadequate because they did\nnot clearly describe how their personnel will implement the requirements of section §195.575(a).\n13. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall\nbe reviewed at intervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a pipeline\nsystem commence, and appropriate parts shall be kept at locations where operations\nand maintenance activities are conducted.\nWPC did not establish adequate written procedures to address training program to instruct\nemergency response personnel to the following types of emergencies: carry out the emergency\nprocedures that relate to their assignments, know the characteristics and hazards of the hazardous\nliquids transported, recognize conditions that are likely to cause emergencies, predict the\nconsequences of facility malfunctions or failures and hazardous liquids spills, and take\nappropriate corrective action, take steps necessary to control any accidental release of hazardous\nliquid and to minimize the potential for fire, explosion, toxicity, or environmental damage, and\nlearn the potential causes, types, sizes, and consequences of fire and the appropriate use of\nportable fire extinguishers and other on-site fire control equipment, involving, where feasible, a\nsimulated pipeline emergency condition. WPC’s emergency procedures must clearly describe\nwhat actions must be taken to meet the minimum emergency scenario requirements of section\n§195.403(a).\n14. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall\nbe reviewed at intervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a pipeline\nsystem commence, and appropriate parts shall be kept at locations where operations\nand maintenance activities are conducted.\nWPC did not establish adequate written emergency procedures for reviewing with personnel\ntheir performance in meeting the objectives of the emergency response training program. It also\ndid not include a requirement for making appropriate changes to the emergency response training\nprogram as necessary to ensure that it is effective. Each operator shall, at intervals not exceeding\n6\n\n\n\n15 months, but at least once each calendar year, review with personnel their performance and\nmake appropriate changes to the emergency response training program as required by\n§195.403(b). WPC’s emergency procedure is inadequate because they did not clearly describe\nwhat actions must be taken to meet the requirements of section §195.403(b).\n15. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall\nbe reviewed at intervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a pipeline\nsystem commence, and appropriate parts shall be kept at locations where operations\nand maintenance activities are conducted.\nWPC did not establish adequate written emergency procedures to verify that the supervisors be\nmaintained a thorough knowledge of that portion of the emergency response procedures for\nwhich they are responsible. Each operator shall require and verify that supervisors maintain a\nthorough knowledge of the emergency response procedures for which they are responsible as\nrequired by §195.403(c). WPC’s emergency procedure is inadequate because they did not\nclearly describe what actions must be taken to meet the requirements of section §195.403(c).\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. 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\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond within 30 days\nof receipt 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 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 inadequacies\n(49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your\namended procedures to my office within thirty days of receipt of this Notice. This period may be\nextended by written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\n7\n\n\n\nIt is requested (not mandated) that Wyoming Pipeline 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 Chris Hoidal, Director,\nWestern Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 5-2013-6001M and, for each document you submit,\nplease provide a copy in electronic format whenever possible.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 C. Allen/D. Hubbard (#139527)\n8\n\n520136001M_closure letter_09242015_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 24, 2015\nMr. Robert Neufeld\nVice President\nEnvironmental and Governmental Affairs\nWyoming Pipeline Co.\n1600 Broadway, Suite 2300\nDenver, CO 80202\nCPF 5-2013-6001M\nCase Closure\nDear Mr. Neufeld:\nOn October 22 through 26, 2012, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\ninspected Wyoming Pipeline Company’s (WPC) Operations and Maintenance (O&M)\nprocedures in Newcastle, Wyoming. As a result of the inspection, WPC was issued a Notice\nof Amendment on June 26, 2013, which proposed amendment of your procedures.\nWe received your amended procedures dated April 13, 2015 and August 17, 2015. My staff\nreviewed the amended procedures, and it appears that the inadequacies outlined in the Notice\nof Amendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nFor Chris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 C. Allen/D. Hubbard (#139527)","truncated":false,"body_characters":21908}