{"operation":"document","citation":"CPF 12023031NOA","title":"MPLX LP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-04-13","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(a), 195.402(e)(4), 195.402(f), 195.403(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023031noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023031noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023031noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023031NOA","body":"Notice of Amendment involving MPLX LP. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(e)(4),  195.402(f),  195.403(c). The case was opened on 2023-04-13 and is reported as closed as of 2023-08-11. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023031NOA_Closure Letter_08112023_(22-233210).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023031NOA/12023031NOA_Closure%20Letter_08112023_(22-233210).pdf\n\n12023031NOA_Closure Letter_08112023_(22-233210)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023031NOA/12023031NOA_Closure%20Letter_08112023_(22-233210)_text.pdf\n\n12023031NOA_Notice of Amendment_04132023_(22-233210).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023031NOA/12023031NOA_Notice%20of%20Amendment_04132023_(22-233210).pdf\n\n12023031NOA_Notice of Amendment_04132023_(22-233210)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023031NOA/12023031NOA_Notice%20of%20Amendment_04132023_(22-233210)_text.pdf\n\n12023031NOA_Operator Resp to Notice and ReqForHearing_06132023_(22-233210).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023031NOA/12023031NOA_Operator%20Resp%20to%20Notice%20and%20ReqForHearing_06132023_(22-233210).pdf\n\n12023031NOA_Operator Withdrawal of Hearing Request_08042023_(22-233210).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023031NOA/12023031NOA_Operator%20Withdrawal%20of%20Hearing%20Request_08042023_(22-233210).pdf\n\n12023031NOA_Closure Letter_08112023_(22-233210)_text.pdf\n\nVIA ELECTRONIC MAIL TO: GSFloerke@marathonpetroleum.com\nAugust 11, 2023\nMr. Gregory Floerke\nExecutive Vice President, Gathering and Processing\nMPLX LP\n1515 Arapahoe Street, Tower 1\nSuite 1600\nDenver, Colorado 80202\nCPF 1-2023-031-NOA\nDear Mr. Floerke:\nFrom August 8, 2022, to October 21, 2022, 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 MPLX LP’s (MPLX) procedures in Denver, Colorado. As a result of the\ninspection, MPLX was issued a Notice of Amendment on April 13, 2023 requiring MPLX to\namend certain aspects of its procedures.\nMPLX submitted its amended procedures on June 13, 2023. On August 1, 2023, PHMSA met\nwith MPLX to address its concerns regarding inadequacies in the amended procedures. MPLX\nsubmitted further amended procedures on August 4, 2023. My staff reviewed the further 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\n\n12023031NOA_Operator Resp to Notice and ReqForHearing_06132023_(22-233210).pdf\n\n1515 Arapahoe Street, Tower 1, Suite 1600\nDenver, CO 80202\nJune 13, 2023\nVia E-mail (robert.burrough@dot.gov) and UPS\nMr. Robert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n840 Bear Tavern Road, Suite 300\nWest Trenton, NJ 08628\nCPF 1-2023-031-NOA\nDear Mr. Burrough:\nIn response to PHMSA’s NOA correspondence dated April 13, 2023, MPLX responds to\nPHMSA’s alleged inadequacies within MPLX’s plans or procedures.1\nPHMSA alleged four separate deficiencies in MPLX’s Operations, Maintenance &\nEmergency Manual-Liquids Program, dated 06/07/21 (OME). MPLX summarizes PHMSA’s\nallegation and MPLX’s response below:\n1. MPLX’s procedures failed to include a process for verifying that its supervisors\nmaintain a thorough knowledge of that portion of the corrosion control procedures\nestablished under § 195.402(c)(3) for which they are responsible for ensuring\ncompliance, in accordance with§ 195.555. MPLX must revise its procedures to\naddress this requirement.\nMPLX agrees to update its OME. Please see Attachment 1. This will require CP Supervisors\nto be part of updating and reviewing the CP procedures and to demonstrate their knowledge of those\nprocedures.\n2. MPLX’s procedures failed to include processes for taking necessary action, such as\nan emergency shutdown or pressure reduction, to minimize the volume released from\nany section of a pipeline system in the event of a failure, in accordance with §\n195.402(e)(4). MPLX must revise its procedures to address this requirement.\nMPLX disagrees with PHMSA’s position. The Liquid OME Section 7.17.4 states, “If\nnecessary, shut down or reduce pressure to minimize hazards to protect life, environment, and\nproperty.” Please see Attachment 2, highlighting the processes MPLX has in place for meeting\nthis regulatory requirement. The specific examples of when to protect life, environment, and\n1 PHMSA extended the deadline for MPLX to respond to the NOA until June 13, 2023, in a letter dated May 26,\n2023.\n\n\n\nproperty are noted in the following areas:\n3.5.1 Safety-Related Conditions. \"Any Safety-Related Condition that could lead\nto an imminent hazard and causes (either directly or indirectly by remedial action\nof MPLX), for purposes other than abandonment, a 20 percent or more reduction\nin operating pressure or shutdown of pipeline operation.\"\n7.16.1 Pipeline AOCs list multiple situations when MPLX reduces pressure or\nshuts down pipelines.\nThis substantially complies with the regulatory requirements for this section and MPL\ndoes not believe any update is necessary.\n3.\nMPLX failed to include instructions in its written procedures for personnel to recognize\nconditions that potentially may be safety-related conditions in accordance with §\n195.402(f). MPLX must revise its procedures to address this requirement.\nMPLX disagrees with PHMSA's position. Each year during the MPLX OME Review,\nAOCs and SRCs are reviewed by MPLX Compliance and Operations. Section 7.16.1 of MPLX's\nOME outlines all AOCs, potential SRCs, and the specific form used to document SRCs (FRM-\n101). When AOCs in Table 7.16.1 occur, a MAPLine and/or Stop Help Start call will be initiated\nThese processes bring all necessary parties on a call to discuss the identified AOC/SRC issues.\nPlease see Attachment 3, which highlights what conditions may constitute a Safety Related\nCondition. MPLX has substantially complied with the regulatory requirements here.\nNotwithstanding the foregoing and without waiving any rights, MPLX will change the header of\nSection 7.16.1 to state: \"Pipeline AOCs & SRCs.\"\nMPLX's procedures failed to require and include a process to verify that supervisors\nare knowledgeable of emergency response procedures for which they are responsible\nin accordance with § 195.403 (c). MPLX must revise its procedures to address this\nrequirement.\nMPLX to update Section 7.18.1 of its OEM Procedures. Please see Attachment 4,\nappended to this letter.\nMPLX hopes that this response satisfies PHMSA's concerns regarding its OME\nprocedures. However, should PHMSA continue to believe MPLX's OME to be deficient in any\nway, MPLX would hereby request a hearing to adjudicate any remaining issues. Please don't\nhesitate to contact me at (303) 531-9529 or TMinutillo@MPLX.com.\nSincerely,\nTony Minutille\nTony Minutillo\nMPLX LP\nCompliance Manager\nEnclosure(s)\n\n12023031NOA_Notice of Amendment_04132023_(22-233210)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nApril 13, 2023\nMr. Gregory Floerke\nExecutive Vice President, Gathering and Processing\nMPLX LP\n1515 Arapahoe Street, Tower 1\nSuite 1600\nDenver, Colorado 80202\nCPF 1-2023-031-NOA\nDear Mr. Floerke:\nFrom August 8, 2022 through October 21, 2022 a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) conducted an inspection of the procedures of MPLX, LP (MPLX), in Denver, Colorado.\n1\nAs a result of the inspection, PHMSA has identified the apparent inadequacies found within\nMPLX’s plans or procedures. The items inspected and the inadequacies are described below.\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline system a manual of written procedures for conducting normal\noperations and maintenance activities and handling abnormal\noperations and emergencies. This manual shall be reviewed at intervals\nnot exceeding 15 months, but at least once each calendar year, and\nappropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a\npipeline system commence, and appropriate parts shall be kept at\n1 At the time of the inspection, the procedures cited in this Notice of Amendment applied to three MPLX\nsubsidiaries covered during this inspection: PHMSA Operator Identification Number (OPID) 39920 for MarkWest\nLiberty Ethane Pipeline, L.L.C. under inspection unit number 89319; OPID 39941 MarkWest Utica EMG, L.L.C.\nunder inspection unit number 82542; and, OPID 39922 for Markwest Liberty NGL Pipeline, L.L.C. under inspection\nunit number 89319. MPLX has recently consolidated some of its OPIDs under its OPID 40149 MPLX LP.\n\n\n\nlocations where operations and maintenance activities are\nconducted.\nMPLX’s procedures for maintenance and normal operations were inadequate to assure safe\noperation of a pipeline facility. Specifically, MPLX’s Operations, Maintenance & Emergency\nManual-Liquids Program, dated 06/07/21 (OME) failed to include a process for verifying that its\n“supervisors maintain a thorough knowledge of that portion of the corrosion control procedures\nestablished under § 195.402(c)(3) for which they are responsible for insuring compliance”, in\naccordance with § 195.5552\n.\nDuring the inspection, PHMSA requested MPLX's procedures regarding corrosion control\nsupervisor requirements pursuant to § 195.555. MPLX provided its Operating Standard-\nCorrosion Control Governing Standard OPS-STD-0017, dated 4/1/21 (Corrosion Standard).\nSection 4.2 of the Corrosion Standard requires, in part, that management and supervisory personnel\nwhose responsibilities relate to direct supervision of persons responsible for implementation of\nMPLX's Corrosion Control Program are required to possess and maintain a thorough knowledge\nof the MPLX’s Corrosion Control Program and elements for which the supervisor is responsible.\nSection 4.2 also requires MPLX personnel who qualify as the supervisor for a Regional Corrosion\nControl Team must hold NACE certifications or be part of a plan to attain the certification for the\nspecified area of corrosion control expertise.\nHowever, the Corrosion Standard failed to include any procedure or details on how MPLX actually\nverifies that supervisors maintain a thorough knowledge of its corrosion control procedures.\nTherefore, MPLX’s procedures failed to include a process for verifying that its supervisors\nmaintain a thorough knowledge of that portion of the corrosion control procedures established\nunder § 195.402(c)(3) for which they are responsible for insuring compliance, in accordance with\n§ 195.555. MPLX must revise its procedures to address this requirement.\n2. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(e) Emergencies. The manual required by paragraph (a) of this\nsection must include procedures for the following to provide safety\nwhen an emergency condition occurs:\n(1) …\n(4) Taking necessary action, such as emergency shutdown or\npressure reduction, to minimize the volume of hazardous liquid or\ncarbon dioxide that is released from any section of a pipeline system in\nthe event of a failure.\nMPLX’s procedures for emergencies were inadequate to ensure safe operation of a pipeline\nfacility. Specifically, MPLX’s Operations, Maintenance & Emergency Manual-Liquids Program,\ndated 06/07/21 (OME) failed to include processes for taking necessary action, such as an\n2 § 195.555 What are the qualifications for supervisors?\nYou must require and verify that supervisors maintain a thorough knowledge of that portion of the corrosion control\nprocedures established under § 195.402(c)(3) for which they are responsible for insuring compliance.\n\n\n\nemergency shutdown or pressure reduction, to minimize the volume released from any section of\na pipeline system in the event of a failure.\nDuring the inspection, PHMSA requested MPLX’s procedures regarding the § 195.402(e)(4)\nrequirements. MPLX provided the OME. Section 7.17.4 requires, in part, that if necessary, MPLX\npersonnel must shut down or reduce pipeline pressure to minimize hazards to protect life,\nenvironment, and property.\nWhen PHMSA requested additional procedures or information related to how this process would\nbe carried out, MPLX was unable to provide any further documentation. Section 7.17 also does\nnot explain in what situations MPLX requires it “necessary” to shut down a pipeline or reduce\npressures. Subsequent to the inspection, MPLX stated that its Liquid OME Section 7.17.4 clearly\nstates the actions to control a release. However, the OME did not provide any processes for how\nthese actions would be carried out.\nTherefore, MPLX’s procedures failed to include processes for taking necessary action; such as an\nemergency shutdown or pressure reduction, to minimize the volume released from any section of\na pipeline system in the event of a failure, in accordance with § 195.402(e)(4). MPLX must revise\nits procedures to address this requirement.\n3. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(f) Safety-related condition reports. The manual required by\nparagraph (a) of this section must include instructions enabling\npersonnel who perform operation and maintenance activities to\nrecognize conditions that potentially may be safety-related conditions\nthat are subject to the reporting requirements of § 195.55.\nMPLX’s procedures for safety related condition reports were inadequate. Specifically, MPLX’s\nOperations, Maintenance & Emergency Manual-Liquids Program, dated 06/07/21 (OME) failed\nto include instructions enabling personnel who perform operation and maintenance activities to\nrecognize conditions that potentially may be safety-related conditions (SRCs) that are subject to\nthe reporting requirements of § 195.55.\nDuring the inspection, the PHMSA inspector requested MPLX’s procedure regarding recognizing\nSRCs. MPLX provided the OME Section 3. Section 3 presented MPLX’s definition of SRCs,\nwhich merely matched the list of SRCs found in § 195.55(a), but per § 195.402(f) contained no\ninstructions enabling MPLX personnel to be able to recognize such SRCs. Subsequent to the\ninspection, MPLX stated its Liquid OME Sections 3.5.1 and 7.16.1 clearly show how a MPLX\nemployee can recognize and respond to a potential safety related condition.\nHowever, the OME Section 3.5.1 lacked any criteria and/or examples that would allow MPLX\npersonnel to differentiate between what is and what is not a potential safety-related condition.\nFurthermore, Section 7.16.1 was titled Pipeline AOCs and was unrelated to SRCs. When the\nPHMSA inspector re-requested information related to the § 195.55, MPLX was unable to clarify\nor demonstrate further information.\n\n\n\n4. Therefore, MPLX failed to include instructions in its written procedures for personnel to recognize\nconditions that potentially may be safety-related conditions in accordance with § 195.402(f).\nMPLX must revise its procedures to address this requirement.\n§ 195.403 Emergency response training.\n(a) ...\n(c) Each operator shall require and verify that its supervisors\nmaintain a thorough knowledge of that portion of the emergency\nresponse procedures established under 195.402 for which they are\nresponsible to ensure compliance.\nMPLX’s procedures for emergency response training were inadequate to ensure safe operation of\na pipeline facility. Specifically, MPLX’s Operations, Maintenance & Emergency Manual-Liquids\nProgram, dated 06/07/21 (OME) failed to require and include a process to verify that supervisors\nbe knowledgeable of emergency response procedures for which they are responsible for per the\nrequirements of § 195.403(c).\nDuring the inspection, PHMSA requested MPLX’s procedures regarding emergency response\nsupervisor training. MPLX provided the OME. Section 7.18.1 requires in part, that MPLX will\nrequire and verify that its supervisors who are responsible for emergency action have the present\nMPLX emergency procedures.\nThe OME failed to include adequate details on how having a copy of the latest edition of MPLX\nemergency procedures is used to verify supervisors are knowledgeable of the emergency response\nprocedures. Subsequent to the inspection, MPLX stated that its Liquid OME Section 7.18.1 clearly\nstates the requirements that supervisors have knowledge of the Emergency Response Plan.\nHowever, the OME did not provide any processes on how MPLX actually verifies that supervisors\nare maintaining knowledge of the emergency response procedures for which they are responsible.\nTherefore, MPLX's procedures failed to require and include a process to verify that supervisors\nare knowledgeable of emergency response procedures for which they are responsible in\naccordance with § 195.403(c). MPLX must revise its procedures to address this requirement.\nResponse to this Notice\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 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\n\n\n\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 MPLX LP maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Robert Burrough, Director, Eastern Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please refer\nto CPF 1-2023-031-NOA and, for each document you submit, please provide a copy in electronic\nformat whenever possible.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings","truncated":false,"body_characters":19546}