{"operation":"document","citation":"CPF 520190017M","title":"AMERIGAS PROPANE LP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-05-16","effective_on":null,"summary":"CLOSED notice of amendment citing 192.273(b), 192.283(c), 192.285(b), 192.285(d), 192.605(b)(3), 192.605(b)(4), 192.605(b)(8).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190017m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190017m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190017m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520190017M","body":"Notice of Amendment involving AMERIGAS PROPANE LP. PHMSA's enforcement data identifies the cited regulations as 192.273(b),  192.283(c),  192.285(b),  192.285(d),  192.605(b)(3),  192.605(b)(4),  192.605(b)(8). The case was opened on 2019-05-16 and is reported as closed as of 2019-08-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520190017M_Closure Letter_08142019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190017M/520190017M_Closure%20Letter_08142019.pdf\n\n520190017M_Closure Letter_08142019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190017M/520190017M_Closure%20Letter_08142019_text.pdf\n\n520190017M_Notice of Amendment_05162019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190017M/520190017M_Notice%20of%20Amendment_05162019.pdf\n\n520190017M_Notice of Amendment_05162019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190017M/520190017M_Notice%20of%20Amendment_05162019_text.pdf\n\n520190017M_Operator Response to Notice_07032019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190017M/520190017M_Operator%20Response%20to%20Notice_07032019.pdf\n\n520190017M_Closure Letter_08142019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 14, 2019\nMr. James Palkovic\nVice President, Operations - West\nAmeriGas Propane, LP\n460 N. Gulph Rd.\nKing of Prussia, PA 19406\nCPF 5-2019-0017M\nClosure Letter\nDear Mr. Palkovic:\nOn November 5, 2018 through November 16, 2018, a representative from the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States\nCode, conducted an on-site pipeline safety inspection of AmeriGas Propane LP’s (AmeriGas)\nprocedures in Maui, Kona, and Oahu, Hawaii. As a result of the inspection, AmeriGas was issued a\nNotice of Amendment on May 16, 2019, which proposed amendment of your procedures.\nAmeriGas submitted its amended procedures on July 3, 2019. 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,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 M. Garcia (#163602)\n\n520190017M_Notice of Amendment_05162019_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 16, 2019\nMr. James Palkovic\nVice President, Operations - West\nAmeriGas Propane, LP\n460 N. Gulph Rd.\nKing of Prussia, PA 19406\nCPF 5-2019-0017M\nDear Mr. Palkovic:\nFrom November 5, 2018 to November 16, 2018, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.), inspected the plans and procedures for AmeriGas Propane LP’s\n(AmeriGas) propane distribution system in Maui, Kona, and Oahu, Hawaii.\nAs a result of the inspection, PHMSA has identified apparent inadequacies found within\nAmeriGas’ plans or procedures, as described below:\n1. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) . . .\n(b) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following, if applicable, to\nprovide safety during maintenance and operations.\n(1) . . .\n(4) Gathering of data needed for reporting incidents under Part 191 of this\nchapter in a timely and effective manner.\n\n\n\nAmeriGas’ written plans are inadequate because the reporting requirements did not include a\nprocess for the immediate notice of certain incidents pursuant to 49 C.F.R. §191.5(b).1\nSpecifically, AmeriGas’ plan failed to include that notice to the National Response Center\n(NRC) can also be made electronically at http://www.mrc.usg.mil, and failed to set out what\ninformation needed to be reported to the NRC required by §191.5(b)(1) to (b)(5).\n2. §192.273 General.\n(a) …\n(b) Each joint must be made in accordance with written procedures that have\nbeen proven by test or experience to produce strong gastight joints.\nAmeriGas’ Operating and Maintenance (O&M) Manual – Construction of Mains is\ninadequate because it does not address joining plastic pipe by solvent cement or adhesive\npursuant to §192.281(b) and §192.281(d). At the time of PHMSA inspection, AmeriGas\nstated that it does not use solvent cements and adhesives to join pipes; however, there is\nnothing in its written procedures noting that AmeriGas does not use these joining procedures.\n3. §192.283 Plastic pipe: Qualifying joining procedures.\n(a) . . .\n(c) A copy of each written procedure being used for joining plastic pipe must be\navailable to the persons making and inspecting joints.\nAmeriGas’ O&M Manual – Construction of Mains is inadequate because it does not require\nthat a copy of each written procedure being used for joining plastic pipe be available to the\npersons making and inspecting joints pursuant to §192.283(c).\n4. §192.285 Plastic pipe: Qualifying persons to make joints.\n(a) …\n(b) The specimen joint must be:\n(1) Visually examined during and after assembly or joining and found to have the\nsame appearance as a joint or photographs of a joint that is acceptable under the\nprocedure; and\n(2) In the case of a heat fusion, solvent cement, or adhesive joint:\n(i) Tested under any one of the test methods listed under §192.283(a) applicable\nto the type of joint and material being tested;\n(ii) Examined by ultrasonic inspection and found not to contain flaws that would\ncause failure; or\n1 See 49 C.F.R. § 191.5 (requiring operators to timely notify the National Response Center of incidents.)\n2\n\n\n\n(iii) Cut into at least 3 longitudinal straps, each of which is:\n(A) Visually examined and found not to contain voids or discontinuities on the\ncut surfaces of the joint area; and\n(B) Deformed by bending, torque, or impact, and if failure occurs, it must not\ninitiate in the joint area.\n(c) …\n(d) Each operator shall establish a method to determine that each person making\njoints in plastic pipelines in the operator's system is qualified in accordance with\nthis section.\nAmeriGas’ O&M Manual – Construction of Mains is inadequate because it does not have a\nprocedure that complies with the inspection and testing requirements set forth in §192.285(b),\nnor does it have a method to determine that each person making joints in plastic pipelines in\nthe operator's system is qualified in accordance with §192.285(d).\n5. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) . . .\n(b) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(1) . . .\n(3) Making construction records, maps, and operating history available to\nappropriate operating personnel.\nAmeriGas’ O&M Manual – General is inadequate because it did not have an explicit,\nimplementable process for making construction records, maps, and operating history available\nto appropriate operating personnel.\n6. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(b) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following, if applicable, to\nprovide safety during maintenance and operations.\n(1) . . .\n(8) Periodically reviewing the work done by operator personnel to determine the\neffectiveness, and adequacy of the procedures used in normal operation and\nmaintenance and modifying the procedures when deficiencies are found.\nAmeriGas’s O&M Manual – General is inadequate because it did not have an explicit,\nimplementable process for how and when it will conduct periodic reviews of the work done\nby operator personnel to determine the effectiveness and adequacy of its procedures used in\nnormal operation and maintenance, and how it will modify those procedures when\ndeficiencies are found.\n3\n\n\n\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. 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).\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\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in\nthis Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as\nalleged in this Notice without further notice to you and to issue an Order Directing\nAmendment. If your plans or procedures are found inadequate as alleged in this Notice, you\nmay be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. §\n190.206). If you are not contesting this Notice, we propose that you submit your amended\nprocedures to my office within 60 days of receipt of this Notice. This period may be extended\nby written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that AmeriGas maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision\nof plans, procedures) and submit the total to Mr. Dustin Hubbard, Director, Western Region,\nPipeline and Hazardous Materials Safety Administration. In correspondence concerning this\nmatter, please refer to CPF 5-2019-0017M and, for each document you submit, please\nprovide a copy in electronic format whenever possible.\nSincerely,\nDustin Hubbard\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 M. Garcia (#163602)\n4","truncated":false,"body_characters":10597}