# AMERIGAS PROPANE LP — Notice of Amendment

- **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:** Not available
- **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).
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- **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.

Official case documents:

520190017M_Closure Letter_08142019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190017M/520190017M_Closure%20Letter_08142019.pdf

520190017M_Closure Letter_08142019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190017M/520190017M_Closure%20Letter_08142019_text.pdf

520190017M_Notice of Amendment_05162019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190017M/520190017M_Notice%20of%20Amendment_05162019.pdf

520190017M_Notice of Amendment_05162019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190017M/520190017M_Notice%20of%20Amendment_05162019_text.pdf

520190017M_Operator Response to Notice_07032019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190017M/520190017M_Operator%20Response%20to%20Notice_07032019.pdf

520190017M_Closure Letter_08142019_text.pdf

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
August 14, 2019
Mr. James Palkovic
Vice President, Operations - West
AmeriGas Propane, LP
460 N. Gulph Rd.
King of Prussia, PA 19406
CPF 5-2019-0017M
Closure Letter
Dear Mr. Palkovic:
On November 5, 2018 through November 16, 2018, a representative from the Pipeline and
Hazardous Materials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States
Code, conducted an on-site pipeline safety inspection of AmeriGas Propane LP’s (AmeriGas)
procedures in Maui, Kona, and Oahu, Hawaii. As a result of the inspection, AmeriGas was issued a
Notice of Amendment on May 16, 2019, which proposed amendment of your procedures.
AmeriGas submitted its amended procedures on July 3, 2019. My staff reviewed the amended
procedures, and it appears that the inadequacies outlined in this Notice of Amendment have been
corrected.
This letter is to inform you no further action is necessary and this case is now closed. Thank you
for your cooperation.
Sincerely,
Dustin Hubbard
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 M. Garcia (#163602)

520190017M_Notice of Amendment_05162019_text.pdf

NOTICE OF AMENDMENT
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
May 16, 2019
Mr. James Palkovic
Vice President, Operations - West
AmeriGas Propane, LP
460 N. Gulph Rd.
King of Prussia, PA 19406
CPF 5-2019-0017M
Dear Mr. Palkovic:
From November 5, 2018 to November 16, 2018, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United
States Code (U.S.C.), inspected the plans and procedures for AmeriGas Propane LP’s
(AmeriGas) propane distribution system in Maui, Kona, and Oahu, Hawaii.
As a result of the inspection, PHMSA has identified apparent inadequacies found within
AmeriGas’ plans or procedures, as described below:
1. §192.605 Procedural manual for operations, maintenance, and emergencies.
(a) . . .
(b) Maintenance and normal operations. The manual required by paragraph (a)
of this section must include procedures for the following, if applicable, to
provide safety during maintenance and operations.
(1) . . .
(4) Gathering of data needed for reporting incidents under Part 191 of this
chapter in a timely and effective manner.



AmeriGas’ written plans are inadequate because the reporting requirements did not include a
process for the immediate notice of certain incidents pursuant to 49 C.F.R. §191.5(b).1
Specifically, AmeriGas’ plan failed to include that notice to the National Response Center
(NRC) can also be made electronically at http://www.mrc.usg.mil, and failed to set out what
information needed to be reported to the NRC required by §191.5(b)(1) to (b)(5).
2. §192.273 General.
(a) …
(b) Each joint must be made in accordance with written procedures that have
been proven by test or experience to produce strong gastight joints.
AmeriGas’ Operating and Maintenance (O&M) Manual – Construction of Mains is
inadequate because it does not address joining plastic pipe by solvent cement or adhesive
pursuant to §192.281(b) and §192.281(d). At the time of PHMSA inspection, AmeriGas
stated that it does not use solvent cements and adhesives to join pipes; however, there is
nothing in its written procedures noting that AmeriGas does not use these joining procedures.
3. §192.283 Plastic pipe: Qualifying joining procedures.
(a) . . .
(c) A copy of each written procedure being used for joining plastic pipe must be
available to the persons making and inspecting joints.
AmeriGas’ O&M Manual – Construction of Mains is inadequate because it does not require
that a copy of each written procedure being used for joining plastic pipe be available to the
persons making and inspecting joints pursuant to §192.283(c).
4. §192.285 Plastic pipe: Qualifying persons to make joints.
(a) …
(b) The specimen joint must be:
(1) Visually examined during and after assembly or joining and found to have the
same appearance as a joint or photographs of a joint that is acceptable under the
procedure; and
(2) In the case of a heat fusion, solvent cement, or adhesive joint:
(i) Tested under any one of the test methods listed under §192.283(a) applicable
to the type of joint and material being tested;
(ii) Examined by ultrasonic inspection and found not to contain flaws that would
cause failure; or
1 See 49 C.F.R. § 191.5 (requiring operators to timely notify the National Response Center of incidents.)
2



(iii) Cut into at least 3 longitudinal straps, each of which is:
(A) Visually examined and found not to contain voids or discontinuities on the
cut surfaces of the joint area; and
(B) Deformed by bending, torque, or impact, and if failure occurs, it must not
initiate in the joint area.
(c) …
(d) Each operator shall establish a method to determine that each person making
joints in plastic pipelines in the operator's system is qualified in accordance with
this section.
AmeriGas’ O&M Manual – Construction of Mains is inadequate because it does not have a
procedure that complies with the inspection and testing requirements set forth in §192.285(b),
nor does it have a method to determine that each person making joints in plastic pipelines in
the operator's system is qualified in accordance with §192.285(d).
5. §192.605 Procedural manual for operations, maintenance, and emergencies.
(a) . . .
(b) Maintenance and normal operations. The manual required by paragraph (a)
of this section must include procedures for the following, if applicable, to provide
safety during maintenance and operations.
(1) . . .
(3) Making construction records, maps, and operating history available to
appropriate operating personnel.
AmeriGas’ O&M Manual – General is inadequate because it did not have an explicit,
implementable process for making construction records, maps, and operating history available
to appropriate operating personnel.
6. §192.605 Procedural manual for operations, maintenance, and emergencies.
(b) Maintenance and normal operations. The manual required by paragraph (a)
of this section must include procedures for the following, if applicable, to
provide safety during maintenance and operations.
(1) . . .
(8) Periodically reviewing the work done by operator personnel to determine the
effectiveness, and adequacy of the procedures used in normal operation and
maintenance and modifying the procedures when deficiencies are found.
AmeriGas’s O&M Manual – General is inadequate because it did not have an explicit,
implementable process for how and when it will conduct periodic reviews of the work done
by operator personnel to determine the effectiveness and adequacy of its procedures used in
normal operation and maintenance, and how it will modify those procedures when
deficiencies are found.
3



Response to this Notice
This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed
as part of this Notice is a document entitled Response Options for Pipeline Operators in
Compliance Proceedings. Please refer to this document and note the response options. Be
advised that all material you submit in response to this enforcement action is subject to being
made publicly available. If you believe that any portion of your responsive material qualifies
for confidential treatment under 5 U.S.C. 552(b), along with the complete original document
you must provide a second copy of the document with the portions you believe qualify for
confidential treatment redacted and an explanation of why you believe the redacted
information qualifies for confidential treatment under 5 U.S.C. 552(b).
Following the receipt of this Notice, you have 30 days to submit written comments, revised
procedures, or a request for a hearing under §190.211. If you do not respond within 30 days
of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in
this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as
alleged in this Notice without further notice to you and to issue an Order Directing
Amendment. If your plans or procedures are found inadequate as alleged in this Notice, you
may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. §
190.206). If you are not contesting this Notice, we propose that you submit your amended
procedures to my office within 60 days of receipt of this Notice. This period may be extended
by written request for good cause. Once the inadequacies identified herein have been
addressed in your amended procedures, this enforcement action will be closed.
It is requested (not mandated) that AmeriGas maintain documentation of the safety
improvement costs associated with fulfilling this Notice of Amendment (preparation/revision
of plans, procedures) and submit the total to Mr. Dustin Hubbard, Director, Western Region,
Pipeline and Hazardous Materials Safety Administration. In correspondence concerning this
matter, please refer to CPF 5-2019-0017M and, for each document you submit, please
provide a copy in electronic format whenever possible.
Sincerely,
Dustin Hubbard
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
Enclosure: Response Options for Pipeline Operators in Compliance Proceedings
cc: PHP-60 Compliance Registry
PHP-500 M. Garcia (#163602)
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