{"operation":"document","citation":"CPF 120201027M","title":"CRESTWOOD MIDSTREAM PARTNERS LP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-07-23","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(2), 192.605(b)(4), 192.605(c)(1), 192.605(c)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201027m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201027m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201027m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120201027M","body":"Notice of Amendment involving CRESTWOOD MIDSTREAM PARTNERS LP. PHMSA's enforcement data identifies the cited regulations as 192.605(b)(2),  192.605(b)(4),  192.605(c)(1),  192.605(c)(4). The case was opened on 2020-07-23 and is reported as closed as of 2020-10-23. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120201027M_Closure Letter_10232020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201027M/120201027M_Closure%20Letter_10232020.pdf\n\n120201027M_Closure Letter_10232020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201027M/120201027M_Closure%20Letter_10232020_text.pdf\n\n120201027M_Notice of Amendment_07232020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201027M/120201027M_Notice%20of%20Amendment_07232020.pdf\n\n120201027M_Notice of Amendment_07232020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201027M/120201027M_Notice%20of%20Amendment_07232020_text.pdf\n\n120201027M_Operator Response to Notice_08182020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201027M/120201027M_Operator%20Response%20to%20Notice_08182020.pdf\n\n120201027M_Closure Letter_10232020_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nOctober 23, 2020\nRobert G. Phillips\nChairman, President and Chief Executive Officer\nCrestwood Equity Partners LP\nExecutive Office\n2440 Pershing Rd., Suite 600\nKansas City, MO 64108\nCPF 1-2020-1027M\nDear Mr. Phillips:\nFrom January 16, 2019 to September 5, 2019, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of procedures of Crestwood Midstream Partners\nLP (Crestwood) at its offices in Houston, Texas and Wyalusing, Pennsylvania. As a result of the\ninspection, Crestwood was issued a Notice of Amendment on July 23, 2020, which proposed\namendment of its procedures.\nCrestwood submitted its amended procedures on October 15, 2020. 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 you\nfor your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n120201027M_Notice of Amendment_07232020_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nJuly 23, 2020\nRobert G. Phillips\nChairman, President and Chief Executive Officer\nCrestwood Equity Partners LP\nExecutive Office\n2440 Pershing Rd., Suite 600\nKansas City, MO 64108\nCPF 1-2020-1027M\nDear Mr. Phillips:\nFrom January 16, 2019 to September 5, 2019, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) inspected records and procedures of Crestwood Midstream Partners LP (Crestwood) at\nits offices in Houston, Texas, and Wyalusing, Pennsylvania.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nCrestwood’s 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\nparagraph (a) of this section must include procedures for the following,\nif applicable, 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.\nCrestwood’s manual of written procedures was inadequate because it failed to include procedures\nfor controlling corrosion in accordance with the operations and maintenance requirements of Part\n192 Subpart I. Specifically, Crestwood’s Operating & Maintenance Manual, 2019 Stagecoach &\nStorage Company, LLC New York & Pennsylvania, Revision 6, Revision Date: 11-29-2018 (O&M\n\n\n\nCPF 1-2020-1027M\nManual) failed to provide details on the amount of cathodic protection that must be controlled so\nit will not damage the protective coating or the pipe in accordance with § 192.463(c)[1]\n.\nCrestwood’s O&M Manual, Subsection 2.15.1.5 Cathodic Protection [§192.463] stated in part:\n“The amount of cathodic protection shall be controlled so as not to damage the protective coating\nor the pipe.” Crestwood’s O&M Manual had no guidance on how to determine the amount of\ncathodic protection to prevent coating or pipe damage, nor did it refer to other applicable\nprocedures for guidance.\nTherefore, Crestwood’s O&M Manual was inadequate because it did not include details on the\namount of cathodic protection that must be controlled so it will not damage the protective\ncoating or the pipe in accordance with § 192.463(c), as prescribed in § 192.605(b)(2). Crestwood\nmust amend its O&M Manual to provide details on how Crestwood would determine the amount\nof cathodic protection used to prevent coating or pipe damage.\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,\nif applicable, 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.\nCrestwood’s manual of written procedures was inadequate because it failed to include procedures\nfor controlling corrosion in accordance with the operations and maintenance requirements of Part\n192 Subpart I. Specifically, Crestwood’s Operating & Maintenance Manual, 2019 Stagecoach &\nStorage Company, LLC New York & Pennsylvania, Revision 6, Revision Date: 11-29-2018 (O&M\nManual) failed to provide details on external corrosion control monitoring in accordance with §\n192.465(e)[2] because it neither defined “active corrosion” nor provided additional guidance on\nhow to determine “active corrosion.”\nCrestwood’s O&M Manual, Subsection 2.15.1.6 External Corrosion Monitoring [§192.465] stated\nin part: “Bare or ineffectively coated pipelines that are not cathodically protected will be\n[1] §192.463 External corrosion control: Cathodic protection. (c) The amount of cathodic protection must be\ncontrolled so as not to damage the protective coating or the pipe.\n[2] §192.463 External corrosion control: Monitoring.\n(e) After the initial evaluation required by §§ 192.455(b) and (c) and 192.457(b), each operator must, not less than\nevery 3 years at intervals not exceeding 39 months, reevaluate its unprotected pipelines and cathodically protect\nthem in accordance with this subpart in areas in which active corrosion is found. The operator must determine the\nareas of active corrosion by electrical survey. However, on distribution lines and where an electrical survey is\nimpractical on transmission lines, areas of active corrosion may be determined by other means that include review\nand analysis of leak repair and inspection records, corrosion monitoring records, exposed pipe inspection records,\nand the pipeline environment.\n120201027M_Notice of Amendment_07232020_text Page 2 of 6\n\n\n\nCPF 1-2020-1027M\nreevaluated once per three-year interval, not to exceed 39 months and where active corrosion is\ndetected the pipelines will be cathodically protected.”\nCrestwood’s O&M Manual did not describe how it determines “active corrosion” has been found\nin an area. There was no information about an evaluation or a rationale to conclude “active\ncorrosion.”\nTherefore, Crestwood’s O&M Manual was inadequate because it did not include details on\nexternal corrosion control monitoring in accordance with § 192.465(e), as prescribed in §\n192.605(b)(2). Crestwood must amend its O&M Manual to include a definition for “active\ncorrosion” which must be consistent with regulatory definition under 192.3 and give additional\nguidance on how to determine “active corrosion”.\n3. § 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,\nif applicable, to provide safety during maintenance and operations.\n(1) …\n(4) Gathering of data needed for reporting incidents under Part 191\nof this chapter in a timely and effective manner.\nCrestwood’s manual of written procedures was inadequate because it failed to include procedures\nfor gathering of data needed for reporting incidents under 49 CFR Part 191 in a timely and effective\nmanner. Specifically, Crestwood’s Operating & Maintenance Manual, Stagecoach & Storage\nCompany, LLC New York & Pennsylvania, Revision Number: 6, Revision Date: 05/09/2018 (O&M\nManual) failed to define “confirmed discovery” and give additional information to determine when\nan incident has been discovered, in accordance with §191.5(a)[3]\n.\nCrestwood refers to “confirmed discovery” in its O&M Manual, Subsection 5.4.2.1 Regulatory\nNotification, but there were no additional instructions for personnel to determine when an incident\nhas been discovered so that a notice will be submitted in a timely and effective manner.\nTherefore, Crestwood’s O&M Manual was inadequate because it did not include detailed\ninstructions for gathering of data needed for reporting incidents under Part 191 of this chapter in a\ntimely and effective manner, as prescribed in § 192.605(b)(4). Crestwood must amend its O&M\nManual to include detailed instructions for gathering of data needed for reporting incidents under\nPart 191 of this chapter in a timely and effective manner and be consistent with the regulatory\ndefinition under § 191.3.\n4. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) ...\n[3] §191.5 Immediate notice of certain incidents.\n(a) At the earliest practicable moment following discovery, but no later than one hour after confirmed discovery,\neach operator must give notice in accordance with paragraph (b) of this section of each incident as defined in\n§191.3.\n120201027M_Notice of Amendment_07232020_text Page 3 of 6\n\n\n\nCPF 1-2020-1027M\n(c) Abnormal operation. For transmission lines, the manual required\nby paragraph (a) of this section must include procedures for the\nfollowing to provide safety when operating design limits have been\nexceeded:\n(1) Responding to, investigating, and correcting the cause of:\n(i) Unintended closure of valves or shutdowns;\n(ii) Increase or decrease in pressure or flow rate outside normal\noperating limits;\n(iii) Loss of communications;\n(iv) Operation of any safety device; and\n(v) Any other foreseeable malfunction of a component, deviation\nfrom normal operation, or personnel error, which may result in a\nhazard to persons or property.\nCrestwood did not include adequate procedures for handling abnormal operations in its\nmanual. Specifically, Crestwood’s Operating & Maintenance Manual, 2019 Stagecoach &\nStorage Company, LLC, New York & Pennsylvania, Revision Number 6, Revision Date: 11-29-\n2018 (O&M Manual) did not include information about field operator(s) (an operator in the field)\nproviding safety during an abnormal operation event when a controller (an operator in the control\nroom) is or is not involved.\nCrestwood has a control room which controls and monitors its pipeline facility through a\nSupervisory Control and Data Acquisition system. However, Crestwood’s O&M Manual Section\n3 Abnormal Operation did not designate whether a field operator or controller would respond,\ninvestigate, and correct an abnormal operation when it has been detected.\nTherefore, Crestwood’s O&M Manual did not include adequate procedures for handling abnormal\noperations, as prescribed under § 192.605(c)(1)(i-v). Crestwood must amend its O&M Manual to\ndescribe the individuals (i.e. controller and field operator) and their involvement in all aspects of\nhandling abnormal operations.\n5. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) ...\n(c) Abnormal operation. For transmission lines, the manual required\nby paragraph (a) of this section must include procedures for the\nfollowing to provide safety when operating design limits have been\nexceeded:\n(1) …\n(4) Periodically reviewing the response of operator personnel to\ndetermine the effectiveness of the procedures controlling abnormal\noperation and taking corrective action where deficiencies are found.\nCrestwood’s manual of written procedures was inadequate because it failed to include procedures\nfor periodically reviewing the response of operator personnel to determine the effectiveness of the\nprocedures controlling abnormal operation and taking corrective action where deficiencies are\nfound. Specifically, Crestwood’s Operating & Maintenance Manual, 2019 Stagecoach & Storage\n120201027M_Notice of Amendment_07232020_text Page 4 of 6\n\n\n\nCPF 1-2020-1027M\nCompany, LLC, New York & Pennsylvania, Rev 6, Rev date 11-29-2018 (O&M Manual) did not\ngive additional guidance on how often it will review the response of its personnel to determine the\neffectiveness of the processes controlling abnormal operation and taking corrective action where\ndeficiencies are found.\nCrestwood's O&M Manual, Subsection 3.13 Personnel Review stated in part:\n“The response of operating personnel responding to abnormal conditions will be\nevaluated periodically to determine the effectiveness of the procedures for\nabnormal operations. Generally, the evaluation will be conducted annually but may\nbe conducted more or less frequently as appropriate, and documented on Form\nOPS.34. If deficiencies are found, corrective action, such as modification to\nprocedures or additional training will be taken.”\nThe O&M Manual did not contain any information on how to determine the frequency at which\nan individual should conduct a review. In addition, Crestwood's O&M Manual, Subsection 3.13\nPersonnel Review or form OPS 34 Abnormal Operation: Procedure Review did not describe the\nindividual who will be responsible for reviewing abnormal operating responses, or the time frame\nto complete them, and criteria for taking corrective action if deficiencies are found. Furthermore,\nCrestwood did not require its personnel to record the time it took them to correct the abnormal\noperation procedures. As a result, Crestwood does not know how long it takes to amend\nprocedures when deficiencies are found.\nTherefore, Crestwood’s O&M Manual was inadequate because it did not include procedures for\nperiodically reviewing the response of its personnel to determine the effectiveness of the processes\ncontrolling abnormal operation and taking corrective action where deficiencies are found, as\nprescribed in §192.605(c)(4). Crestwood must amend its O&M Manual to include more details on\nthe periodic review of personnel’s response to determine the effectiveness of the processes\ncontrolling abnormal operation, and taking corrective action where deficiencies are found.\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 Enforcement\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment 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 of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\n120201027M_Notice of Amendment_07232020_text Page 5 of 6\n\n\n\nCPF 1-2020-1027M\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that Crestwood Midstream Partners, LP maintain documentation of\nthe safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Robert Burrough, Director,\nPHMSA Eastern Region, 840 Bear Tavern Road, Suite 300, West Trenton, NJ 08628. Please refer\nto CPF 1-2020-1027M on each document you submit, and whenever possible provide a signed\nPDF copy in electronic format. Smaller files may be emailed to robert.burrough@dot.gov. Larger\nfiles should be sent on USB flash drive accompanied by the original paper copy to the Eastern\nRegion Office.\nAdditionally, if you choose to respond to this (or any other case), please ensure that any response\nletter pertains solely to one CPF case number.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCC: Eric Ormond, Vice President, Engineering & Project Management, Crestwood Midstream\nPartners LP (via email)\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n120201027M_Notice of Amendment_07232020_text Page 6 of 6","truncated":false,"body_characters":17982}