{"operation":"document","citation":"CPF 12020004NOA","title":"DTE MIDSTREAM APPALACHIA, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-07-16","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020004noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020004noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020004noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12020004NOA","body":"Notice of Amendment involving DTE MIDSTREAM APPALACHIA, LLC. PHMSA's enforcement data identifies the cited regulation as 192.605(b)(2). The case was opened on 2020-07-16 and is reported as closed as of 2020-08-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12020004NOA_Closure Letter_08272020_(20-172056).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020004NOA/12020004NOA_Closure%20Letter_08272020_(20-172056).pdf\n\n12020004NOA_Closure Letter_08272020_(20-172056)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020004NOA/12020004NOA_Closure%20Letter_08272020_(20-172056)_text.pdf\n\n12020004NOA_Notice of Amendment_07162020_(20-172056).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020004NOA/12020004NOA_Notice%20of%20Amendment_07162020_(20-172056).pdf\n\n12020004NOA_Notice of Amendment_07162020_(20-172056)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020004NOA/12020004NOA_Notice%20of%20Amendment_07162020_(20-172056)_text.pdf\n\n12020004NOA_Operator Response to Notice_08032020_(20-172056).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020004NOA/12020004NOA_Operator%20Response%20to%20Notice_08032020_(20-172056).pdf\n\n12020004NOA_Notice of Amendment_07162020_(20-172056)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nJuly 16, 2020\nMr. Richard Redmond\nPresident\nDTE Midstream Appalachia, LLC\n1000 Noble Energy Drive\nCanonsburg, PA 15317\nCPF 1-2020-004-NOA\nDear Mr. Redmond:\nFrom April 29, 2020 - April 30, 2020, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected DTE\nMidstream Appalachia, LLC’s (DTE) procedures.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within DTE’s\nplans 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\nparagraph (a) of this section must include procedures for the following, if\napplicable, to provide safety during maintenance and operations.\n(1) …\n(2) Controlling corrosion in accordance with the operations and\nmaintenance requirements of subpart I of this part.\nDTE’s procedures were inadequate. Specifically, DTE’s O&M Procedure 451 Corrosion Control,\ndated March, 2018 (Corrosion Procedure) failed to include a description or details of its grading system\nfor evaluating pipe exposed to the atmosphere for coating condition and atmospheric corrosion.\nDuring the inspection, the PHMSA inspector requested DTE’s procedures for atmospheric corrosion\ninspections. DTE provided its Corrosion Procedure, which discusses atmospheric corrosion control in\nSection 5, Control of Atmospheric Corrosion, and remedial actions required from corrosion inspections\n\n\n\nCPF 1-2020-004-NOA\nin Section 6, Remedial Measures. Additionally, Section 7 of the procedure, Inspection, notes that\ncorrosion inspections are documented on Form 5340, Activity Report (Form). The Form included\nfields for coating Condition and Bond, with grading scales of Good, Fair, and Poor. It also includes a\nfield for General Pipe Condition with options of Good, Minor Pitting and Deep/Severe\nPitting. However, the written procedure did not provide guidance on how this grading scale is applied\nand what remedial actions are required, if any, for each pipe and coating condition grade.\nWhen the PHMSA inspector requested if there were additional procedures or guidance related to the\nevaluation method used for atmospheric corrosion, DTE stated there was no further guidance.\nThus, DTE failed to include details in its procedures of its criteria to evaluate atmospheric corrosion\non its pipelines in accordance with § 192.605(b)(2). Therefore, DTE must amend their procedures to\ninclude details of the criteria to evaluate atmospheric corrosion on pipelines.\n2. § 192.605 - Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(b) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following, if\napplicable, to provide safety during maintenance and operations.\n(1) …\n(2) Controlling corrosion in accordance with the operations and\nmaintenance requirements of subpart I of this part.\nDTE’s procedures for corrosion control were inadequate. Specifically, DTE’s O&M Procedure 451\nCorrosion Control, dated March, 2018 (Corrosion Procedure) failed to define the training and\nexperience requirements for the person or persons who direct or carry out DTE’s corrosion control\nprocedures in accordance with § 192.453.\nSection 192.453 states:\nThe corrosion control procedures required by §192.605(b)(2), including those for the design,\ninstallation, operation, and maintenance of cathodic protection systems, must be carried out\nby, or under the direction of, a person qualified in pipeline corrosion control methods.\nDuring the inspection, the PHMSA inspector requested DTE’s procedures regarding qualifications for\ncorrosion control personnel. DTE presented its Corrosion Procedure, which lacked details addressing\nwhat training or experience in corrosion control methods are required for a person who directs or\ncarries out its corrosion control procedures. When the PHMSA inspector requested if there were\nadditional procedures or guidance related to these qualification requirements, DTE stated there was no\nfurther guidance related to qualifications other than in Procedure 604 Operator Qualification\nProgram. This additional procedure indicated the covered tasks associated with the program, but failed\nto address the specific requirements of § 192.453.\nThus, DTE’s procedures were inadequate regarding the qualification requirements of § 192.453.\nTherefore, DTE must amend their procedures to define the training and experience requirements for\nthe person(s) who direct or carry out the corrosion control procedures.\n12020004NOA_Notice of Amendment_07162020_(20-172056)_text Page 2 of 3\n\n\n\nCPF 1-2020-004-NOA\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 part\nof this Notice is a document entitled Response Options for Pipeline Operators in Enforcement\nProceedings. Please refer to this document and note the response options. Be advised that all material\nyou submit 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 U.S.C.\n552(b), along with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information 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 procedures,\nor a request for a hearing under §190.211. If you do not respond within 30 days of receipt of this\nNotice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes\nthe Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further\nnotice to you and to issue an Order Directing Amendment. If your plans or procedures are found\ninadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct\nthe inadequacies (49 C.F.R. § 190.206). If you are not contesting this Notice, we propose that you\nsubmit your amended procedures to my office within 30 days of receipt of this Notice. This period may\nbe extended by 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 DTE Midstream Appalachia, LLC maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Robert Burrough, Director, PHMSA Eastern Region, 840\nBear Tavern Road, Suite 300, West Trenton, NJ 08628. Please refer to CPF 1-2020-004-NOA on each\ndocument you submit, and whenever possible provide a signed PDF copy in electronic format. Smaller\nfiles may be emailed to robert.burrough@dot.gov. Larger files should be sent on USB flash drive\naccompanied by the original paper copy to the Eastern Region Office.\nAdditionally, if you choose to respond to this (or any other case), please ensure that any response letter\npertains solely to one CPF case number.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\nCC: Patrick Raichel, Supervisor Codes & Regulatory, DTE Midstream (via email)\n12020004NOA_Notice of Amendment_07162020_(20-172056)_text Page 3 of 3\n\n12020004NOA_Closure Letter_08272020_(20-172056)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nAugust 27, 2020\nMr. Richard Redmond\nPresident\nDTE Midstream Appalachia, LLC\n1000 Noble Energy Drive\nCanonsburg, PA 15317\nCPF 1-2020-004-NOA\nDear Mr. Redmond:\nFrom April 29 to April 30, 2020, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nDTE Midstream Appalachia, LLC’s (DTE) procedures. As a result of the inspection, DTE was\nissued a Notice of Amendment on July 16, 2020, which proposed amendment of your procedures.\nDTE submitted its amended procedures on August 3, 2020. 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,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCC: Patrick Raichel, Supervisor Codes & Regulatory, DTE Midstream (via email)","truncated":false,"body_characters":10152}