{"operation":"document","citation":"CPF 32024043NOA","title":"CENTRA PIPELINE MINNESOTA INC. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-04-16","effective_on":null,"summary":"CLOSED notice of amendment citing 192.465(d), 192.467(d), 192.469, 192.479(a), 192.481(b), 192.613(a), 192.615(b)(2), 192.635(a), 192.805(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024043noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024043noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024043noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32024043NOA","body":"Notice of Amendment involving CENTRA PIPELINE MINNESOTA INC.. PHMSA's enforcement data identifies the cited regulations as 192.465(d),  192.467(d),  192.469,  192.479(a),  192.481(b),  192.613(a),  192.615(b)(2),  192.635(a),  192.805(i). The case was opened on 2024-04-16 and is reported as closed as of 2024-08-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32024043NOA_Closure Letter_08132024_(23-265891).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024043NOA/32024043NOA_Closure%20Letter_08132024_(23-265891).pdf\n\n32024043NOA_Closure Letter_08132024_(23-265891)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024043NOA/32024043NOA_Closure%20Letter_08132024_(23-265891)_text.pdf\n\n32024043NOA_Notice of Amendment_04162024_(23-265891).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024043NOA/32024043NOA_Notice%20of%20Amendment_04162024_(23-265891).pdf\n\n32024043NOA_Notice of Amendment_04162024_(23-265891)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024043NOA/32024043NOA_Notice%20of%20Amendment_04162024_(23-265891)_text.pdf\n\n32024043NOA_Operator Response to Notice_05152024_(23-265891).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024043NOA/32024043NOA_Operator%20Response%20to%20Notice_05152024_(23-265891).pdf\n\n32024043NOA_Closure Letter_08132024_(23-265891)_text.pdf\n\nVIA ELECTRONIC MAIL TO: tkarry@efgroupllc.com; ppowers@efgroupllc\nAugust 13, 2024\nMr. Todd Karry\nPresident & CEO\nCentra Pipeline Minnesota Inc\n33717 Woodward Ave. #600\nBirmingham, MI 48009\nRE: CPF 3-2024-043-NOA\nDear Mr. Karry:\nFrom August 28 to August 31, 2023, representatives of the Minnesota Office of Pipeline Safety,\nacting as an interstate agent for the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected Centra Pipeline\nMinnesota, Inc.’s (CPM) procedures for operation and maintenance. As a result of the inspection,\nCPM was issued a Notice of Amendment on April 16, 2024, which proposed amendment of your\nprocedures\nCPM submitted its amended procedures on July 15, 2024. My staff has reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you that no further action is necessary, and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nGregory A Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Phillip Powers, Director Engineering & Integrity (ppowers@efgroupllc)\n\n32024043NOA_Notice of Amendment_04162024_(23-265891)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: tkarry@efgroupllc.com; ppowers@efgroupllc.com;\njborphy@efgroupllc.com\nApril 16, 2024\nMr. Todd Karry\nPresident & CEO\nCentra Pipeline Minnesota Inc\n33717 Woodward Ave. #600\nBirmingham, MI 48009\nCPF 3-2024-043-NOA\nDear Mr. Karry:\nFrom August 28 to August 31, 2023, representatives of the Minnesota Office of Pipeline Safety,\nacting as an interstate agent for the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected Centra Pipeline\nMinnesota, Inc.’s (CPM) procedures for operation and maintenance in Emo, Ontario, Canada.\nAs a result of the inspection, PHMSA has identified the apparent inadequacies found within\nCPM’s plans or procedures. The items inspected and the inadequacies are described below:\n1. § 192.465 External corrosion control: Monitoring and remediation.\n(a) . . . .\n(d) Each operator must promptly correct any deficiencies indicated by the\ninspection and testing required by paragraphs (a) through (c) of this section. For\nonshore gas transmission pipelines, each operator must develop a remedial action\nplan and apply for any necessary permits within 6 months of completing the\ninspection or testing that identified the deficiency. Remedial action must be\ncompleted promptly, but no later than the earliest of the following: prior to the next\ninspection or test interval required by this section; within 1 year, not to exceed 15\n\n\n\nmonths, of the inspection or test that identified the deficiency; or as soon as\npracticable, not to exceed 6 months, after obtaining any necessary permits.\nCPM’s written procedure for remediation to correct any deficiencies indicated, by inspection and\ntesting entitled “INT-PRO-009 Corrosion Control,” did not meet the requirements of\n§ 192.465(d). Specifically, there was no guidance or explanation for remedial actions including\nwhat is meant by “prompt”. The procedure must provide clear instructions for personnel to\nunderstand what is expected when they encounter an indicated deficiency and when they must\naddress those deficiencies. CPM must amend its procedure to meet the requirements of\n§ 192.465(d) in order to comply with § 192.605(a).\n2. § 192.467 External corrosion control: Electrical isolation.\n(a) . . . .\nadequate.\n(d) Inspection and electrical tests must be made to assure that electrical isolation is\nCPM’s “INT-PRO-009 Corrosion Control” procedure, Section 4.7, was inadequate for checking\nelectrical isolation. The procedure contained the wording of the regulation, but did not provide\nany guidance that included the RF-IT device used by CPM field personnel to check for proper\nisolation. The procedure must be written to provide CPM personnel sufficient instructions on\ncompleting the task to adequately comply with § 192.605(b)(2).\n3. § 192.479 Atmospheric corrosion control; General.\n(a) Each operator must clean and coat each pipeline or portion of pipeline that is\nexposed to the atmosphere, except pipelines under paragraph (c) of this section.\nCPM’s written procedure, entitled “INT-PRO-009 Corrosion Control,” Section 4.2.3, did not\naddress the transition zone in CPM’s atmospheric corrosion control procedures. Specifically,\nSection 4.2.3 did not provide guidance on which coating is allowable at the pipe-to-soil\ntransition. Detailed procedures must be incorporated into the manual in order to comply with\n§ 192.605(b)(2).\n4. § 192.469 External corrosion control: Test stations.\nEach pipeline under cathodic protection required by this subpart must have\nsufficient test stations or other contact points for electrical measurement to\ndetermine the adequacy of cathodic protection.\nCPM’s procedure entitled “INT-PRO-009 Corrosion Control,” Section 4.5, did not adequately\ndescribe the process used to determine a sufficient number of test stations to ensure the adequacy\nof cathodic protection, as required by § 192.469. CPM’s O&M procedure simply restated the\nregulation, which is inadequate; CPM must amend the procedure to provide more detailed\nprocedures specific to its system to meet the requirements of § 192.469 in order to comply with\n§ 192.605(a).\n\n\n\n5. § 192.481 Atmospheric corrosion control: Monitoring.\n(a) . . . .\n(b) During inspections the operator must give particular attention to pipe at soil-to-\nair interfaces, under thermal insulation, under disbonded coatings, at pipe supports,\nin splash zones, at deck penetrations, and in spans over water.\nCPM’s written procedure entitled “INT-PRO-010 – Continuing Surveillance,” Section 6.4\naddressed monitoring for atmospheric corrosion, but the procedure as written did not contain\nadequate guidance as required by § 192.481(b). Specifically, Section 6.4 did not include any\nguidance for personnel to assess pipe-to-soil interfaces and pipe support locations for\natmospheric corrosion. The procedures must be amended to comply with § 192.605(b)(2).\n6. §192.613 Continuing surveillance.\n(a) Each operator shall have a procedure for continuing surveillance of its facilities\nto determine and take appropriate action concerning changes in class location,\nfailures, leakage history, corrosion, substantial changes in cathodic protection\nrequirements, and other unusual operating and maintenance conditions.\nCPM’s INT-PRO-010 – Continuing Surveillance procedures did not meet the requirements of\n§ 192.613 because the procedures for changes in class location did not include any guidance for\nidentifying Moderate Consequence Areas (MCA). The definition of MCA, per § 192.3, includes\nconsideration of the number of occupied dwellings as well as four-lane road crossings; this must\nbe included in CPM’s procedures to ensure that company personnel are aware of these locations\nto comply with § 192.605(b)(1).\n7. § 192.615 Emergency plans.\n(a) . . . .\n(b) Each operator shall:\n(1) . . . .\n(2) Train the appropriate operating personnel to assure that they are knowledgeable\nof the emergency procedures and verify that the training is effective.\nCPM’s Emergency Training Plan procedure, entitled “INT-PRO-001 Management of Gas\nEmergencies,” was inadequate because it did not meet the requirements of § 192.615(b)(2).\nSpecifically, the procedure did not contain the required training courses and the frequency of the\ntraining to ensure that operating personnel were trained and that the training was effective. The\nprocedures must be revised to comply with § 192.605(a).\n\n\n\n8. § 192.635 Notification of potential rupture.\n(a) As used in this part, a “notification of potential rupture” refers to the\nnotification of, or observation by, an operator (e.g., by or to its controller(s) in a\ncontrol room, field personnel, nearby pipeline or utility personnel, the public, local\nresponders, or public authorities) of one or more of the below indicia of a potential\nunintentional or uncontrolled release of a large volume of gas from a pipeline:\nCPM’s procedures did not address the notification of potential ruptures, as spelled out in\n§ 192.635(a). Specifically, the Management of Gas Emergencies manual did not have any\ninformation or guidance for notification of a rupture by company personnel. The regulation\nbecame effective on April 5, 2022, and must be incorporated into CPM’s procedures to comply\nwith § 192.615(a)(12).\n9. § 192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) ….\n(i) After December 16, 2004, notify the Administrator or a state agency participating\nunder 49 U.S.C. Chapter 601 if an operator significantly modifies the program after\nthe administrator or state agency has verified that it complies with this section.\nNotifications to PHMSA must be submitted in accordance with §192.18.\nCPM’s Operator Qualification (OQ) procedures, GEN-PRO-007, Operator Qualification did not\ncontain any guidance or requirements to notify PHMSA of any significant OQ program\nmodifications. CPM must modify its procedures to comply with § 192.805(i).\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\nEnforcement Proceedings.\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\nunder 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\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\n\n\n\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n90 days of receipt of this Notice. This period may be extended by written request for good cause.\nOnce the inadequacies identified herein have been addressed in your amended procedures, this\nenforcement action will be closed.\nIt is requested that CPM maintain documentation of the safety improvement costs associated\nwith fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit\nthe total to Gregory A. Ochs, Director, Central Region, Pipeline and Hazardous Materials Safety\nAdministration. In correspondence concerning this matter, please refer to CPF 3-2024-043-NOA\nand, for each document you submit, please provide a copy in electronic format whenever\npossible.\nSincerely,\nGregory A. Ochs\nDirector, Central region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: Phillip Powers, Director Pipeline Operations, ppowers@efgroupllc.com\nJoe Brophy, VP/General Manager, jborphy@efgroupllc.com","truncated":false,"body_characters":13313}