{"operation":"document","citation":"CPF 32022009WL","title":"SUMMIT MIDSTREAM PARTNERS, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-01-07","effective_on":null,"summary":"CLOSED warning letter citing 195.436, 195.505(b), 195.505(c), 195.571.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022009wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022009wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022009wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32022009WL","body":"Warning Letter involving SUMMIT MIDSTREAM PARTNERS, LLC. PHMSA's enforcement data identifies the cited regulations as 195.436,  195.505(b),  195.505(c),  195.571. The case was opened on 2022-01-07 and is reported as closed as of 2022-01-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32022009WL_Warning Letter_01072022_(21-201325).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022009WL/32022009WL_Warning%20Letter_01072022_(21-201325).pdf\n\n32022009WL_Warning Letter_01072022_(21-201325)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022009WL/32022009WL_Warning%20Letter_01072022_(21-201325)_text.pdf\n\n32022009WL_Warning Letter_01072022_(21-201325)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: heath.deneke@summitmidstream.com and\nmstratmann@summitmidstream.com\nJanuary 7, 2022\nJ. Heath Deneke\nPresident/CEO\nSummit Midstream Partners, LP\n910 Louisiana Street, Suite 4200\nHouston, TX 77002\nCPF 3-2022-009-WL\nDear Mr. Deneke:\nFrom July 12 through July 16, 2021, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49\nUnited States Code (U.S.C.), inspected Summit Midstream Partners, LP’s (Summit) Hereford\nHVL pipeline west of Hereford, Colorado.\nAs a result of the inspection, it appears that Summit has committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation is as follows:\n1. §195.436 Security of facilities.\nEach operator shall provide protection for each pumping station and breakout tank\narea and other exposed facility (such as scraper traps) from vandalism and\nunauthorized entry.\nAs observed during the field audit, Summit failed to provide adequate security protection from\nvandalism and unauthorized entry at their 8-inch and 4-inch crossover trap facility. Fencing\n\n\n\nsurrounding the facility consisted of wood posts and barbed wire. The fence was presumed to\nhave been installed around the time of the 8-inch line commissioning in June of 2019. Summit\nstated that the cross-over trap facility would be removed once a permit was granted to replace the\nremaining mile of 4-inch with 8-inch pipeline. Once removed there would be no need for\nsecurity fencing. The timing of the permit, however, was unknown at the time of this inspection.\nSummit went ahead and installed a new security fence and signage around the crossover trap\nfacility on September 9th, 2021. Pictures provided by Summit were reviewed and confirmed the\nnew chain link security fencing to be adequate for unauthorized entry and vandalism.\n2. §195.571 What criteria must I use to determine the adequacy of cathodic\nprotection?\nCathodic protection required by this subpart must comply with one or more of the\napplicable criteria and other considerations for cathodic protection contained\nparagraphs 6.2.2, 6.2.3, 6.2.4, 6.2.5 and 6.3 in NACE SP 0169 (incorporated by\nreference, see §195.3).\nSummit failed to meet the NACE -850 mV IRF criterion at approximately 15 of 39 (38%) test\npoint locations during the 2019 annual cathodic protection survey for the 4-inch pipeline and at\napproximately 4 of 36 (11%) test point locations during the 2020 annual cathodic protection\nsurvey for the 8-inch pipeline.\nSummit’s Corrosion Supervisor stated that during the 2020 Annual Survey, they adjusted the\nclosest rectifier to bring the OFF potentials into compliance with the NACE criterion. However,\nthe rectifier was at its limit and was not running efficiently. Proper electrical isolation of the\npipeline from grounding and gathering lines was also verified.\nIn 2021 Summit completed a de-polarization survey to record the native potential readings on the\nentire NGL pipeline. The data was used to confirm compliance with the NACE 100 mV shift\ncriterion for cathodic protection while allowing the rectifier output to be decreased. Summit has\nstated that they will install an additional groundbed in order to meet the -850 mV criterion.\n3. §195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) ….\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\n(c) Allow individuals that are not qualified pursuant to this subpart to perform a\ncovered task if directed and observed by an individual that is qualified;\n\n\n\nSummit failed to ensure proper operator qualification or oversight of its contractor performing\nthe qualified task of removing internal corrosion coupons from the pipeline. On May 6th , 2021 a\nrepresentative from Kurita, Summit's contractor, removed internal corrosion coupons for analysis\nfrom the OPPL East and West lines. Summit acknowledged that normally their qualified tech is\npresent at all coupon pulls but was unavailable for the May 6th coupon pull to provide the\nnecessary oversight.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a\nrelated series of violations. For violation occurring on or after July 31, 2019 and before January\n11, 2021, the maximum penalty may not exceed $218,647 per violation per day the violation\npersists, up to a maximum of $2,186,465 for a related series of violations. For violation\noccurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may\nnot exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\nFor violation occurring on or after November 2, 2015 and before November 27, 2018, the\nmaximum penalty may not exceed $209,002 per violation per day, with a maximum penalty not\nto exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item(s) identified in this letter. Failure to do so will result in\nDakota Midstream being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\n3-2022-009-WL. Be advised that all material you submit in response to this enforcement action\nis subject to being made publicly available. If you believe that any portion of your responsive\nmaterial qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete\noriginal document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\ncc: Mr. Matthew Stratmann, Senior Director, Integrity and Health & Safety, Summit Midstream\nPartners, LLC, 910 Louisiana Street, Suite 4200, Houston, TX 77002,\n(mstratmann@summitmidstream.com)","truncated":false,"body_characters":7138}