{"operation":"document","citation":"CPF 32024020NOPV","title":"CRESTWOOD MIDSTREAM PARTNERS LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":"2024-06-13","effective_on":null,"summary":"OPEN notice of probable violation citing 195.446(a), 195.446(c)(3), 195.446(c)(4), 195.446(e)(2), 195.446(e)(3), 195.446(e)(4), 195.446(e)(5), 195.446(f)(1), 195.446(h)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024020nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024020nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024020nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32024020NOPV","body":"Notice of Probable Violation involving CRESTWOOD MIDSTREAM PARTNERS LP. PHMSA's enforcement data identifies the cited regulations as 195.446(a),  195.446(c)(3),  195.446(c)(4),  195.446(e)(2),  195.446(e)(3),  195.446(e)(4),  195.446(e)(5),  195.446(f)(1),  195.446(h)(1). The case was opened on 2024-06-13 and is reported as open. Proposed civil penalty: $41,200. Assessed civil penalty: $41,200. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32024020NOPV_Final Order_10102024_(21-199489).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024020NOPV/32024020NOPV_Final%20Order_10102024_(21-199489).pdf\n\n32024020NOPV_Final Order_10102024_(21-199489)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024020NOPV/32024020NOPV_Final%20Order_10102024_(21-199489)_text.pdf\n\n32024020NOPV_PCP PCO_06132024_(21-199489).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024020NOPV/32024020NOPV_PCP%20PCO_06132024_(21-199489).pdf\n\n32024020NOPV_PCP PCO_06132024_(21-199489)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024020NOPV/32024020NOPV_PCP%20PCO_06132024_(21-199489)_text.pdf\n\n32024020NOPV_Final Order_10102024_(21-199489)_text.pdf\n\nOctober 10, 2024\nVIA ELECTRONIC MAIL TO: tom.long@energytransfer.com\nThomas E. Long\nChief Executive Officer\nEnergy Transfer LP\n1300 Main Street\nHouston, Texas 77002\nRe: CPF No. 3-2024-020-NOPV\nDear Mr. Long:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation, assesses a civil penalty of $41,200, and specifies actions that need to be taken by\nCrestwood Midstream Partners LP, a subsidiary of Energy Transfer LP, to comply with the\npipeline safety regulations. When the civil penalty has been paid and the terms of the\ncompliance order are completed, as determined by the Director, Central Region, this\nenforcement action will be closed. Service of the Final Order by e-mail is effective upon the\ndate of transmission and acknowledgement of receipt as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosures (Final Order and NOPV)\ncc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA\nMr. Greg McIlwain, Executive Vice President, Operations, Energy Transfer LP,\ngregory.mcilwain@energytransfer.com\n\n\n\nMr. Eric Amundsen, Senior Vice President, Operations, Energy Transfer LP,\neric.amundsen@energytransfer.com\nMr. Todd Stamm, Senior Vice President, Operations, Energy Transfer LP,\ntodd.stamm@energytransfer.com\nMs. Jennifer Street, Senior Vice President, Operations Services, Energy Transfer LP,\njennifer.street@energytransfer.com\nMr. Keegan Pieper, Assistant General Counsel, Energy Transfer LP,\nkeegan.pieper@energytransfer.com\nMr. Matthew Stork, Vice President, Technical Services, Energy Transfer Company LP,\nmatthew.stork@dot.gov\nMr. Todd Nardozzi, Director of Regulatory Compliance, Energy Transfer LP,\ntodd.nardozzi@energytransfer.com\nMs. Susie Sjulin, Director, Regulatory Compliance, Energy Transfer LP,\nsusie.sjulin@energytrasnfer.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nCrestwood Midstream Partners LP, ) CPF No. 3-2024-020-NOPV\na subsidiary of Energy Transfer LP, )\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn June 13, 2024, pursuant to 49 C.F.R. § 190.207, the Director, Central Region, Office of\nPipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Crestwood Midstream\nPartners LP (Respondent). The Notice proposed finding that Respondent had violated the\npipeline safety regulations in 49 C.F.R. Part 195. The Notice also proposed certain measures to\ncorrect the violations. Respondent did not contest the allegations of violation, the proposed civil\npenalty, or corrective measures.\nBased upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the\npipeline safety regulations listed below, as more fully described in the enclosed Notice, which is\nincorporated by reference:\n49 C.F.R. § 195.446(c)(4) (Item 1) ─ Respondent’s Control Room Management\nProgram Manual (CRMP) failed to demonstrate compliance for testing any\nbackup SCADA systems at least once each calendar year, but at intervals not to\nexceed 15 months for calendar year 2020. Specifically, Respondent’s CRMP did\nnot have procedures to test the two-server backup SCADA system at least once\neach calendar year, but at intervals not to exceed 15 months, and records were not\navailable to demonstrate it tested the system.\n49 C.F.R. § 195.446(c)(3) (Item 2) ─ Respondent failed to test and verify an internal\ncommunication plan to provide adequate means for manual operation of the pipeline\nsafely, at least once each calendar year, but at intervals not to exceed 15 months. .\nSpecifically, Respondent’s CRMP, which Respondent failed to follow, was not adequate\nto provide a detailed plan for manual shut down or manual operation.\n49 C.F.R. § 195.446(e)(2) (Item 3) ─ Respondent failed to demonstrate that it\nidentified at least once each calendar month points affecting safety that had been\n\n\n\ntaken off scan in the SCADA host, had alarms inhibited, or that had forced or\nmanual values for periods of time exceeding that required for associated\nmaintenance or operating activities. Specifically, at the time of the inspection\nRespondent had not completed its review.\n49 C.F.R. § 195.446(e)(3) (Item 4) ─ Respondent’s alarm management plan\nfailed to verify the correct safety-related alarm set-point values and alarm\ndescriptions when associated field instruments are calibrated or changed and at\nleast once each calendar year, but at intervals not to exceed 15 months.\nSpecifically, Respondent CRMP section 507 failed to include the requirement for\nverifying alarm set-point values and alarm descriptions when associated field\ninstruments are calibrated or changed; it only required the calendar year\nrequirement.\n49 C.F.R. § 195.446(e)(4) (Item 5) ─ Respondent failed to review its alarm\nmanagement plan, at least once each calendar year but at intervals not exceeding\n15 months, to determine the effectiveness of the plan. Specifically, Respondent\nfailed to follow its procedure in CRMP section 508 for the 2019 and 2020\neffectiveness reviews.\n49 C.F.R. § 195.446(e)(5) (Item 6) ─ Respondent failed to monitor the content\nand volume of general activity being directed to and required of each controller, at\nleast once each calendar year, but at intervals not exceeding 15 months, nor to\nassure that controllers have sufficient time to analyze and react to incoming\nalarms. Specifically, Respondent did not demonstrate that it examined all tasks\nand content directed to the controller.\n49 C.F.R. § 195.446(h)(1) (Item 8) ─ Respondent’s training program failed to\nprovide content to train controllers to carry out the roles and responsibilities\ndefined by the operator as it related to controllers responding to abnormal\noperating conditions likely to occur simultaneously or in sequence. Specifically,\nwhile Respondent CRMP section 803 identified the training requirement, it did\nnot include a list of abnormal operating conditions that can occur simultaneously\nor in sequence and the expected response by the controller for those conditions to\nprovide content for the training.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent. In accordance with 49 C.F.R. § 190.223, I assess Respondent a\ntotal civil penalty of $41,200.\nPayment of the civil penalty must be made within 20 days of service. Federal regulations (49\nC.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal\nReserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed\ninstructions are contained in the enclosure. Questions concerning wire transfers should be\ndirected to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike\nMonroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169. The\nFinancial Operations Division telephone number is (405) 954-8845.\n\n\n\nFailure to pay the $41,200 civil penalty will result in accrual of interest at the current annual rate\nin accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to\nthose same authorities, a late penalty charge of six percent (6%) per annum will be charged if\npayment is not made within 110 days of service. Furthermore, failure to pay the civil penalty\nmay result in referral of the matter to the Attorney General for appropriate action in a district\ncourt of the United States.\nCompliance Actions\nPursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the\nactions proposed in the enclosed Notice to correct the violations. The Director may grant an\nextension of time to comply with any of the required items upon a written request timely\nsubmitted by the Respondent and demonstrating good cause for an extension. Upon completion\nof the ordered actions, Respondent may request that the Director close the case. Respondent\npreviously submitted evidence to show appropriate actions have been taken to correct the\nviolations. This evidence is currently under review by the Director. Failure to comply with this\nOrder may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in referral to\nthe Attorney General for appropriate relief in a district court of the United States.\nWarning Item\nWith respect to Item 7, the Notice alleged a probable violation of 49 C.F.R. § 195.446 but did\nnot propose a civil penalty or compliance order for this item. Therefore, this is considered to be\na warning item. If OPS finds a violation of this provision in a subsequent inspection,\nRespondent may be subject to future enforcement action.\nThe terms and conditions of this order are effective upon service in accordance with 49 C.F.R.\n§ 190.5.\nOctober 10, 2024\n___________________________________ _________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":10351}