{"operation":"document","citation":"CPF 52024012NOA","title":"ISLAND ENERGY — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-03-04","effective_on":null,"summary":"CLOSED notice of amendment citing 192.16(b), 192.281(c)(1), 192.281(c)(3), 192.513(a), 192.513(b), 192.513(c), 192.513(d), 192.605(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024012noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024012noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024012noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52024012NOA","body":"Notice of Amendment involving ISLAND ENERGY. PHMSA's enforcement data identifies the cited regulations as 192.16(b),  192.281(c)(1),  192.281(c)(3),  192.513(a),  192.513(b),  192.513(c),  192.513(d),  192.605(b)(1). The case was opened on 2024-03-04 and is reported as closed as of 2024-04-23. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52024012NOA_Closure Letter_04232024_(23-265511).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024012NOA/52024012NOA_Closure%20Letter_04232024_(23-265511).pdf\n\n52024012NOA_Closure Letter_04232024_(23-265511)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024012NOA/52024012NOA_Closure%20Letter_04232024_(23-265511)_text.pdf\n\n52024012NOA_Notice of Amendment_03042024_(23-265511).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024012NOA/52024012NOA_Notice%20of%20Amendment_03042024_(23-265511).pdf\n\n52024012NOA_Notice of Amendment_03042024_(23-265511)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024012NOA/52024012NOA_Notice%20of%20Amendment_03042024_(23-265511)_text.pdf\n\n52024012NOA_Operator Response to Notice _03222024_(23-265511).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024012NOA/52024012NOA_Operator%20Response%20to%20Notice%20_03222024_(23-265511).pdf\n\n52024012NOA_Notice of Amendment_03042024_(23-265511)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: gevans@pittsburgca.gov\nMarch 4, 2024\nMr. Garrett Evans\nCity Manager\nCity of Pittsburg\n65 Civic Avenue\nPittsburg, CA 94565\nCPF 5-2024-012-NOA\nDear Mr. Evans:\nOn July 10 through 26, 2023, representatives of the California Public Utilities Commission\n(CPUC), on behalf of the Pipeline and Hazardous Materials Safety Administration (PHMSA),\npursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected your natural gas\ndistribution system (Island Energy) on Mare Island in Vallejo, California.\nOn the basis of the inspection, PHMSA has identified inadequacies found within Island Energy’s\nplans or procedures, as described below:\n1. § 192.16 Customer notification.\n(a) …\n(b) Each operator shall notify each customer once in writing of the following\ninformation:\n(1) The operator does not maintain the customer's buried piping.\n(2) If the customer's buried piping is not maintained, it may be subject to the\npotential hazards of corrosion and leakage.\n(3) Buried gas piping should be—\n\n\n\n(i) Periodically inspected for leaks;\n(ii) Periodically inspected for corrosion if the piping is metallic; and\n(iii) Repaired if any unsafe condition is discovered.\n(4) When excavating near buried gas piping, the piping should be located in\nadvance, and the excavation done by hand.\n(5) The operator (if applicable), plumbing contractors, and heating contractors can\nassist in locating, inspecting, and repairing the customer's buried piping. …\nIsland Energy’s Customer Notification document is inadequate to ensure the safe operation of a\npipeline because this notice document did not contain certain provisions required by § 192.16(b).\nSpecifically, Island Energy's Customer Notification form did not contain any provisions\nnotifying customers that they should repair any unsafe conditions discovered, as is required by §\n192.16(b)(3)(iii). The form also did not contain a provision that piping should be located in\nadvance of any excavation and the excavation be done by hand as is required by § 192.16(b)(4).\nAccordingly, Island Energy must amend its Customer Notification notice document to meet the\nrequirements of § 192.16(b).\n2. § 192.281 Plastic pipe.\n(a) …\n(c) Heat-fusion joints. Each heat fusion joint on a PE pipe or component, except for\nelectrofusion joints, must comply with ASTM F2620 (incorporated by reference in §\n192.7), or an alternative written procedure that has been demonstrated to provide\nan equivalent or superior level of safety and has been proven by test or experience\nto produce strong gastight joints, and the following:\n(1) A butt heat-fusion joint must be joined by a device that holds the heater element\nsquare to the ends of the pipe or component, compresses the heated ends together,\nand holds the pipe in proper alignment in accordance with the appropriate\nprocedure qualified under § 192.283.\n(2) …\n(3) An electrofusion joint must be made using the equipment and techniques\nprescribed by the fitting manufacturer, or using equipment and techniques shown,\nby testing joints to the requirements of § 192.283(a)(1)(iii), to be equivalent to or\nbetter than the requirements of the fitting manufacturer. …\nIsland Energy’s procedures were inadequate to ensure the safe operation of a pipeline because\nthe procedures did not fully address the requirements for joining plastic pipe as required by §\n192.281(c)(1) & (3). Specifically, Island Energy's Operation & Maintenance manual (OMM)\nSections 30.5.3 and 30.5.4 list the butt fusion steps, however, they do not include the use of a\nfacer or any other tool that can square off pipe ends. Without squaring the pipe ends prior to\nheating the pipe, the pipe cannot be properly joined by “a device that holds the heater element\nsquare to the ends of the pipe or component” as required by § 192.281(c)(1). Additionally,\nOMM Section 30.5.7, Electrofusion, does not provide information about the electrofusion\nprocedure itself but instead only states who is qualified to perform electrofusion. The regulations\nat § 192.281(c)(3) require that Island Energy’s Electrofusions “be made using the equipment and\ntechniques prescribed by the fitting manufacturer, or using equipment and techniques shown, by\n\n\n\ntesting joints to the requirements of § 192.283(a)(1)(iii), to be equivalent to or better than the\nrequirements of the fitting manufacturer.”\nAccordingly, Island Energy must amend its procedures to fully conform to the requirements of §\n192.281(c)(1) & (3).\n3. § 192.513 Test requirements for plastic pipelines.\n(a) Each segment of a plastic pipeline must be tested in accordance with this section.\n(b) The test procedure must insure discovery of all potentially hazardous leaks in\nthe segment being tested.\n(c) The test pressure must be at least 150% of the maximum operating pressure or\n50 psi (345 kPa) gauge, whichever is greater. However, the maximum test pressure\nmay not be more than 2.5 times the pressure determined under § 192.121 at a\ntemperature not less than the pipe temperature during the test.\n(d) During the test, the temperature of thermoplastic material may not be more than\n100 °F (38 °C), or the temperature at which the material's long-term hydrostatic\nstrength has been determined under the listed specification, whichever is greater.\nIsland Energy’s procedures were inadequate to ensure the safe operation of a pipeline because\ntheir procedures did not require the correct test pressure for testing plastic pipelines as is required\nby § 192.513(c). Specifically, Island Energy's OMM Section 18.5.2, Facility Leak Test\nRequirements - Steps, states that \"All Island Energy distribution mains and service lines\nextended onto the existing distribution system, or replaced, will be leak tested at a pressure of not\nless than 60 psig using compressed air and calibrated gauges.\" Island Energy’s minimum test\npressure does not meet the requirement that plastic pipelines be tested at 150% of the maximum\noperating pressure. Island Energy’s MAOP is 50 psig. Under § 192.513, the correct minimum\ntest pressure is 1.5 x 50 psig, which equals 75 psig.\nAccordingly, Island Energy must amend its procedures to require plastic mains and services to\nbe pressure tested at not less than 1.5 x MAOP (1.5 x 50 psig = 75 psig).\n4. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(b) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of\nthe requirements of this subpart and subpart M of this part. …\nIsland Energy’s procedures were inadequate to ensure the safe operation of a pipeline because\ntheir operations manual did not contain procedures for maintenance and calibration of equipment\nused in joining plastic pipe by heat fusion as required by § 192.605(b)(1) to meet the\nrequirements of Subpart M section § 192.756. Specifically, Island Energy's OMM did not\ncontain procedures for the maintenance and calibration of equipment used in joining plastic pipe\nby heat fusion.\n\n\n\nAccordingly, Island Energy must amend its procedures to include processes for the maintenance\nand calibration of equipment used in joining plastic pipe by heat fusion.\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\nEnforcement Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. § 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 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 Island Energy maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Dustin Hubbard, Director, Western Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter,\nplease refer to CPF 5-2024-012-NOA, and for each document you submit, please provide a copy\nin electronic format whenever possible.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n\n\n\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#23-265511)\nTerrence Eng, Program Manager, Gas Safety and Reliability Branch, California Public\nUtilities Commission\nDoug Buchanan, General Manager Island Energy, 995 Walnut Ave., Vallejo, CA 94592\n\n52024012NOA_Closure Letter_04232024_(23-265511)_text.pdf\n\nVIA ELECTRONIC MAIL TO: gevans@pittsburgca.gov\nApril 23, 2024\nMr. Garrett Evans\nCity Manager\nCity of Pittsburg\n65 Civic Avenue\nPittsburg, CA 94565\nCPF 5-2024-012-NOA\nClosure Letter\nDear Mr. Evans:\nOn July 10 through 26, 2023, representatives of the California Public Utilities Commission\n(CPUC), on behalf of the Pipeline and Hazardous Materials Safety Administration (PHMSA),\npursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected your natural gas\ndistribution system (Island Energy) on Mare Island in Vallejo, California. As a result of the\ninspection, Island Energy was issued a Notice of Amendment on March 4, 2024, which proposed\namendment of your procedures.\nIsland Energy submitted its amended procedures on March 22, 2024. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave 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,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#23-265511)\n\n\n\nTerrence Eng, Program Manager, Gas Safety and Reliability Branch, California Public\nUtilities Commission\nDoug Buchanan, General Manager Island Energy, 995 Walnut Ave., Vallejo, CA 94592","truncated":false,"body_characters":12890}