{"operation":"document","citation":"CPF 12022065NOA","title":"CENTURY ALUMINUM — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-08-18","effective_on":null,"summary":"CLOSED notice of amendment citing 192.12(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022065noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022065noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022065noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12022065NOA","body":"Notice of Amendment involving CENTURY ALUMINUM. PHMSA's enforcement data identifies the cited regulation as 192.12(c). The case was opened on 2022-08-18 and is reported as closed as of 2022-11-03. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12022065NOA_Closure Letter_11032022_(21-200585).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022065NOA/12022065NOA_Closure%20Letter_11032022_(21-200585).pdf\n\n12022065NOA_Closure Letter_11032022_(21-200585)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022065NOA/12022065NOA_Closure%20Letter_11032022_(21-200585)_text.pdf\n\n12022065NOA_Notice of Amendment_08182022_(21-200585).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022065NOA/12022065NOA_Notice%20of%20Amendment_08182022_(21-200585).pdf\n\n12022065NOA_Notice of Amendment_08182022_(21-200585)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022065NOA/12022065NOA_Notice%20of%20Amendment_08182022_(21-200585)_text.pdf\n\n12022065NOA_Operator Response to Notice (Revised)_09212022_(21-200585).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022065NOA/12022065NOA_Operator%20Response%20to%20Notice%20(Revised)_09212022_(21-200585).pdf\n\n12022065NOA_Operator Response to Notice_09062022_(21-200585).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022065NOA/12022065NOA_Operator%20Response%20to%20Notice_09062022_(21-200585).pdf\n\n12022065NOA_Notice of Amendment_08182022_(21-200585)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nAugust 18, 2022\nMr. Jim Martin\nPresident\nCentury Aluminum\n1401 Spring Bank Drive, Suite 16\nOwensboro, Kentucky 42303\nCPF 1-2022-065-NOA\nDear Mr. Martin:\nFrom November 15, 2021 to November 19, 2021, and February 15, 2022 to February 16, 2022, a\nrepresentative of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant\nto Chapter 601 of 49 United States Code inspected Century Aluminum’s procedures for its East\nSlaughters Underground Natural Gas Storage in Hopkins, Kentucky.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nCentury Aluminum’s procedures, as described below:\n1. § 192.12 Underground natural gas storage facilities.\n(a) …\n(c) Procedural manuals. Each operator of a UNGSF must prepare\nand follow for each facility one or more manuals of written procedures\nfor conducting operations, maintenance, and emergency preparedness\nand response activities under paragraphs (a) and (b) of this section.\nEach operator must keep records necessary to administer such\nprocedures and review and update these manuals at intervals not\nexceeding 15 months, but at least once each calendar year. Each\noperator must keep the appropriate parts of these manuals accessible\nat locations where UNGSF work is being performed. Each operator\nmust have written procedures in place before commencing operations\nor beginning an activity not yet implemented.\n\n\n\nCentury Aluminum’s written procedures for conducting operations, maintenance, and emergency\npreparedness and response activities were inadequate to ensure safe operation of a pipeline facility.\nSpecifically, Century Aluminum failed to include a procedure for monitoring the presence of\nannular gas by measuring and recording annular pressure and/or annular gas flow in accordance\nwith API RP 1171, Section 9.3.2 Well Integrity Monitoring (Section 9.3.2).\nSection 9.3.2 states in part, “[t]he operator shall monitor for presence of annular gas by measuring\nand recording annular pressure and/or annular gas flow.”\nDuring the inspection, PHMSA requested Century Aluminum’s procedures for monitoring the\npresence of annular gas by measuring and recording annular pressure and/or annular gas flow.\nCentury Aluminum provided the Storage Integrity Management Plan (SIMP), Section 4.\nHowever, the SIMP failed to include a process for monitoring the presence of annular gas by\nmeasuring and recording annular pressure and/or annular gas flow.\nTherefore, Century Aluminum’s written procedures required by §192.12(c) were inadequate.\nCentury Aluminum must revise its procedures to address the deficiency outlined above.\n2. § 192.12 Underground natural gas storage facilities.\n(a) …\n(c) Procedural manuals. Each operator of a UNGSF must prepare\nand follow for each facility one or more manuals of written procedures\nfor conducting operations, maintenance, and emergency preparedness\nand response activities under paragraphs (a) and (b) of this section.\nEach operator must keep records necessary to administer such\nprocedures and review and update these manuals at intervals not\nexceeding 15 months, but at least once each calendar year. Each\noperator must keep the appropriate parts of these manuals accessible\nat locations where UNGSF work is being performed. Each operator\nmust have written procedures in place before commencing operations\nor beginning an activity not yet implemented.\nCentury Aluminum’s written procedures for conducting operations, maintenance, and emergency\npreparedness and response activities were inadequate to ensure safe operation of a pipeline facility.\nSpecifically, Century Aluminum failed to establish an annual frequency for testing the operation\nof the master valve and wellhead pipeline isolation valve for proper function and ability to isolate\nthe well in accordance with Section 9.3.2\nSection 9.3.2 states in part, “[t]he operator shall test the operation of the master valve and wellhead\npipeline isolation valve at least annually for proper function and ability to isolate the well.”\nDuring the inspection, PHMSA requested Century Aluminum’s procedures regarding testing of\nthe master valve and wellhead pipeline isolation valve for proper function. Century Aluminum\nprovided its SIMP, which failed to establish an annual frequency requirement for testing of the\noperation of the master valve and wellhead pipeline isolation valve for proper function and ability\nto isolate the well.\n\n\n\nTherefore, Century Aluminum’s written procedures required by §192.12(c) were inadequate.\nCentury Aluminum must revise its procedures to address the deficiency outlined above.\n3. § 192.12 Underground natural gas storage facilities.\n(a) …\n(c) Procedural manuals. Each operator of a UNGSF must prepare\nand follow for each facility one or more manuals of written procedures\nfor conducting operations, maintenance, and emergency preparedness\nand response activities under paragraphs (a) and (b) of this section.\nEach operator must keep records necessary to administer such\nprocedures and review and update these manuals at intervals not\nexceeding 15 months, but at least once each calendar year. Each\noperator must keep the appropriate parts of these manuals accessible\nat locations where UNGSF work is being performed. Each operator\nmust have written procedures in place before commencing operations\nor beginning an activity not yet implemented.\nCentury Aluminum’s written procedures for conducting operations, maintenance, and emergency\npreparedness and response activities were inadequate to ensure safe operation of a pipeline facility.\nSpecifically, Century Aluminum failed to include a procedure to define a threshold or limit for the\nannular pressure and/or annular gas flow and to evaluate annular gas occurrences in accordance\nwith Section 9.3.2.\nSection 9.3.2 states in part, “[t]he operator shall evaluate each annular gas occurrence that exceeds\noperator- or regulatory-defined threshold levels determined from well integrity evaluation and\nfrom risk assessment.”\nDuring the inspection, PHMSA requested Century Aluminum’s procedures regarding evaluating\nannular gas occurrences. Century Aluminum provided its SIMP, which failed to include a process\nfor determining threshold levels from well integrity evaluation and from risk assessment. The\nSIMP also failed to include a process for evaluating each annular gas occurrence that exceeds\noperator- or regulator-defined thresholds.\nTherefore, Century Aluminum’s written procedures required by §192.12(c) were inadequate.\nCentury Aluminum must revise its procedures to address the deficiency outlined above.\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.\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\n\n\n\nU.S.C. 552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 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\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 Century Aluminum maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Robert Burrough, Director, Eastern Region, Pipeline and\nHazardous Materials Safety Administration, 840 Bear Tavern Road, Suite 300, West Trenton, NJ\n08628. In correspondence concerning this matter, please refer to CPF 1-2022-065-NOA and, for\neach document you submit, please provide a copy in electronic format whenever possible. 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.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n\n12022065NOA_Closure Letter_11032022_(21-200585)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nNovember 3, 2022\nMr. Jim Martin\nPresident\nOrbit Gas Transmission, Inc.\n1401 Spring Bank Drive, Suite 16\nOwensboro, Kentucky 42303\nCPF 1-2022-065-NOA\nDear Mr. Martin:\nFrom November 15, 2021 to November 19, 2021, and February 15, 2022 to February 16, 2022, a\nrepresentative from the Pipeline and Hazardous Materials Safety Administration (PHMSA),\npursuant to Chapter 601 of 49 United States Code, conducted an on-site pipeline safety inspection\nof Century Aluminum’s procedures in Hopkins, KY. As a result of the inspection, Century\nAluminum was issued a Notice of Amendment on August 18, 2022, which proposed amendment\nof your procedures.\nCentury Aluminum submitted its amended procedures on September 21, 2022. My staff reviewed\nthe amended 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","truncated":false,"body_characters":12041}