{"operation":"document","citation":"CPF 32025012NOA","title":"CENTRA PIPELINE MINNESOTA INC. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2025-05-05","effective_on":null,"summary":"CLOSED notice of amendment citing 192.615(b)(2), 192.615(b)(3), 192.805(c), 192.805(h), 192.935(c), 192.935(f), 192.947.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32025012noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32025012noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32025012noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32025012NOA","body":"Notice of Amendment involving CENTRA PIPELINE MINNESOTA INC.. PHMSA's enforcement data identifies the cited regulations as 192.615(b)(2),  192.615(b)(3),  192.805(c),  192.805(h),  192.935(c),  192.935(f),  192.947. The case was opened on 2025-05-05 and is reported as closed as of 2025-09-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32025012NOA_Closure Letter_09102025_(24-317618).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025012NOA/32025012NOA_Closure%20Letter_09102025_(24-317618).pdf\n\n32025012NOA_Closure Letter_09102025_(24-317618)_txt.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025012NOA/32025012NOA_Closure%20Letter_09102025_(24-317618)_txt.pdf\n\n32025012NOA_Notice of Amendment_05052025_(24-317618).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025012NOA/32025012NOA_Notice%20of%20Amendment_05052025_(24-317618).pdf\n\n32025012NOA_Notice of Amendment_05052025_(24-317618)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025012NOA/32025012NOA_Notice%20of%20Amendment_05052025_(24-317618)_text.pdf\n\n32025012NOA_Operator Response to Notice_06032025_(24-317618).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025012NOA/32025012NOA_Operator%20Response%20to%20Notice_06032025_(24-317618).pdf\n\n32025012NOA_Closure Letter_09102025_(24-317618)_txt.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\n901 Locust Street, Suite 480\nKansas City, MO 64106\nVIA ELECTRONIC MAIL TO: tkarry@efgroupllc.com; ppowers@efgroupllc.com;\njbrophy@efgroupllc.com; jonathan.wolfgram@state.mn.us\nSeptember 10, 2025\nMr. Todd Karry, President/CEO\nCentra Pipeline Minnesota, Inc.\n33717 Woodward Avenue, #600\nBirmingham, MI 48009\nRE: CPF 3-2025-012-NOA\nDear Mr. Karry:\nFrom September 16 to September 19, 2024, representatives of the Minnesota Office of Pipeline\nSafety (MNOPS), acting as interstate agents for the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected\nthe procedures for integrity management and operator qualification of Central Pipeline Minnesota,\nInc.(Centra) at the MNOPS offices in St. Paul, Minnesota. On May 5, 2025, pursuant to 49 CFR\n§ 190.206, PHMSA issued a Notice of Amendment which proposed amendment of Centra’s\nprocedures.\nCentra submitted its amended procedures on June 3, 2025 and September 10, 2025. PHMSA has\nreviewed the amended procedures, and it appears that the inadequacies outlined in the Notice of\nAmendment have been corrected.\nThis letter is to inform you that no further action is necessary, and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nDavid Barrett\nActing Director, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Phillip Powers, Director Pipeline Operations, Central Pipeline Minnesota, Inc.\nJoe Brophy, VP/General Manager, Central Pipeline Minnesota, Inc.\nJonathan Wolfgram, Deputy Director, MNOPS\n\n32025012NOA_Notice of Amendment_05052025_(24-317618)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: tkarry@efgroupllc.com; ppowers@efgroupllc.com;\njborphy@efgroupllc.com\nMay 5, 2025\nMr. Todd Karry\nPresident & CEO\nCentra Pipeline Minnesota, Inc.\n33717 Woodward Ave. #600\nBirmingham, MI 48009\nCPF 3-2025-012-NOA\nDear Mr. Karry:\nFrom September 16 to September 19, 2024, representatives of the Minnesota Office of Pipeline\nSafety (MNOPS), acting as interstate agents for the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected\nat MNOPS’s offices in St. Paul, Minnesota, Central Pipeline Minnesota, Inc.’s (Centra)\nprocedures for integrity management and operator qualification.\nAs a result of the inspection, PHMSA has identified the apparent inadequacies found within\nCentra’s plans or procedures. The items inspected and the inadequacies identified are described\nbelow:\n1. § 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.\nCentra’s emergency procedure EMG-PRO-001, “Management of Gas Emergencies,” did not\ncontain guidance to assure that personnel are knowledgeable of the emergency procedures\nthat they are responsible for conducting, in accordance with the requirements of\n§ 192.615(b)(2). The procedures within EMG-PRO-001 were too general in nature to\n\n\n\nadequately train the appropriate operating personnel. EMG-PRO-001 did not contain any\nspecificity on what particular type of training personnel must receive. Therefore, Centra\nmust revise EMG-PRO-001 in accordance with § 192.615.\n2. § 192.615 Emergency plans.\n(a) . . . .\n(b) Each operator shall:\n(1) . . . .\n(3) Review employee activities to determine whether the procedures were effectively\nfollowed in each emergency.\nCentra's emergency procedure EMG-PRO-001, “Management of Gas Emergencies,” did not\nrequire the review of employee activities to determine the effectiveness of a procedure following\neach emergency, per the requirements of § 192.615(b)(3). Section 5 of EMG-PRO-001 did not\ncontain any procedures on how Centra will conduct the review to assure the effectiveness of the\nemergency response procedures and how that review will be documented. Therefore, Centra\nmust revise EMG-PRO-001 in accordance with § 192.615(b)(3).\n3. § 192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) . . . .\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;\nCentra’s Operator Qualification (OQ) Plan, GEN-PRO-007, “Operator Qualification” (OQ Plan),\ndid not contain adequate procedures to ensure that personnel that are not qualified to perform a\ncovered task were allowed to do so if directed and observed by a qualified individual, per the\nrequirements of § 192.805(c). Centra’s OQ Plan was inadequate because it did not have any\n“span of control” provisions which would be used to determine how many unqualified personnel\ncan conduct a task under the supervision of a qualified individual. Centra indicated that in\npractice its “span of control” did not exceed a 1-to-1 ratio; however, the regulations do not allow\nfor an unqualified individual to perform covered tasks such as welding and making plastic pipe\njoints.1 For these covered tasks the ratio would be 1:0; that is, “span of control” would not be\nallowed. Therefore, Centra must revise its OQ Plan to define the number of individuals within a\n“span of control” and when \"span of control” may not be used, in accordance with § 192.805(c).\n4. § 192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) . . . .\n1 See 49 CFR §§ 192.229(c) and 192.285(c).\n\n\n\n(h) After December 16, 2004, provide training, as appropriate, to ensure that\nindividuals performing covered tasks have the necessary knowledge and skills to\nperform the tasks in a manner that ensures the safe operation of pipeline facilities;\nCentra’s OQ Plan did not include procedures for providing training to ensure individuals\nperforming covered tasks have the necessary knowledge and skills to perform the tasks, per the\nrequirements of § 192.805(h). OQ Plan section 6 contained guidance to re-train and re-evaluate\npersonnel, but section 6 did not contain any guidance on the initial training of individuals.\nTherefore, Centra must revise its OQ Plan in accordance with § 192.805(h).\n5. § 192.935 What additional preventive and mitigative measures must an operator\ntake?\n(a) . . . .\n(c) Risk analysis for gas releases and protection against ruptures. If an operator\ndetermines, based on a risk analysis, that a rupture-mitigation valve (RMV) or\nalternative equivalent technology would be an efficient means of adding protection\nto a high-consequence area (HCA) in the event of a gas release, an operator must\ninstall the RMV or alternative equivalent technology. In making that\ndetermination, an operator must, at least, evaluate the following factors—timing of\nleak detection and pipe shutdown capabilities, the type of gas being transported,\noperating pressure, the rate of potential release, pipeline profile, the potential for\nignition, and location of nearest response personnel. An RMV or alternative\nequivalent technology installed under this paragraph must meet all of the other\napplicable requirements in this part.\nCentra’s procedure, INT-PRO-008, “Preventive and Mitigative Measures” (INT-PRO-008), did\nnot contain procedures for determining, based on a risk analysis, whether a rupture-mitigation\nvalve (RMV) or alternative equivalent technology would be an efficient means of adding\nprotection to a high-consequence area (HCA) in the event of a gas release, per the requirements\nof § 192.935(c). Section 6 of INT-PRO-008 briefly mentioned the use of automatic control\nvalve or a remote-control valve as a mitigative measure, but it did not include any requirements\nfor determining whether to install or use those valves. INT-PRO-008 also did not include a\nprocedure to determine whether the use of an alternative equivalent technology would be an\nefficient means of adding protection. Therefore, Centra must revise INT-PRO-008 in accordance\nwith § 192.935(c).\n6. § 192.935 What additional preventive and mitigative measures must an operator\ntake?\n(a) . . . .\n(f) Periodic evaluations. Risk analyses and assessments conducted under paragraph\n(c) of this section must be reviewed by the operator and certified by a senior\nexecutive of the company, for operational matters that could affect rupture-\nmitigation processes and procedures. Review and certification must occur once per\ncalendar year, with the period between reviews not to exceed 15 months, and must\n\n\n\n7. also occur within 3 months of an incident or safety-related condition, as those terms\nare defined at §§ 191.3 and 191.23, respectively.\nCentra’s INT-PRO-008 did not contain procedures for requiring that any risk analysis and\nassessments conducted under § 192.935(c) be reviewed and certified by a senior executive of the\ncompany, per the requirements of § 192.935(f). INT-PRO-008 also did not contain the\nrequirement to review and certify the analysis and assessments once a year not to exceed 15\nmonths, and that it must occur within 3 months of a safety related condition. Therefore, Centra\nmust revise its procedures in accordance with § 192.935(f).\n§ 192.947 What records must an operator keep?\nAn operator must maintain, for the useful life of the pipeline, records that\ndemonstrate compliance with the requirements of this subpart. At minimum, an\noperator must maintain the following records for review during an inspection.\nCentra's written procedures did not specify that records used to demonstrate compliance with the\nrequirements of subpart O must be maintained for the useful life of the pipeline, per the\nrequirements of § 192.947. Therefore, Centra must revise its procedures to meet the\nrequirements of §§ 192.947(a) through (i).\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 CFR § 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\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\ncause. Once the inadequacies identified herein have been addressed in your amended procedures,\nthis enforcement action will be closed.\n\n\n\nIt is requested (not mandated) that Centra Pipeline Minnesota Inc maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment (preparation/\nrevision of plans, procedures) and submit the total to Gregory A. Ochs, Director, Central Region,\nPipeline and Hazardous Materials Safety Administration. In correspondence concerning this\nmatter, please refer to CPF 3-2025-012-NOPV and, for each document you submit, please\nprovide a copy in electronic format whenever possible.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Phillip Powers, Director Pipeline Operations, ppowers@efgroupllc.com\nJoe Brophy, VP/General Manager, jborphy@efgroupllc.com\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n\n32025012NOA_Closure Letter_09102025_(24-317618).pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\n901 Locust Street, Suite 480\nKansas City, MO 64106\nVIA ELECTRONIC MAIL TO: tkarry@efgroupllc.com; ppowers@efgroupllc.com;\njbrophy@efgroupllc.com; jonathan.wolfgram@state.mn.us\nSeptember 10, 2025\nMr. Todd Karry, President/CEO\nCentra Pipeline Minnesota, Inc.\n33717 Woodward Avenue, #600\nBirmingham, MI 48009\nRE: CPF 3-2025-012-NOA\nDear Mr. Karry:\nFrom September 16 to September 19, 2024, representatives of the Minnesota Office of Pipeline\nSafety (MNOPS), acting as interstate agents for the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected\nthe procedures for integrity management and operator qualification of Central Pipeline Minnesota,\nInc.(Centra) at the MNOPS offices in St. Paul, Minnesota. On May 5, 2025, pursuant to 49 CFR\n§ 190.206, PHMSA issued a Notice of Amendment which proposed amendment of Centra’s\nprocedures.\nCentra submitted its amended procedures on June 3, 2025 and September 10, 2025. PHMSA has\nreviewed the amended procedures, and it appears that the inadequacies outlined in the Notice of\nAmendment have been corrected.\nThis letter is to inform you that no further action is necessary, and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nDavid Barrett\nActing Director, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Phillip Powers, Director Pipeline Operations, Central Pipeline Minnesota, Inc.\nJoe Brophy, VP/General Manager, Central Pipeline Minnesota, Inc.\nJonathan Wolfgram, Deputy Director, MNOPS","truncated":false,"body_characters":15677}