{"operation":"document","citation":"CPF 42020010NOA","title":"ARM MIDSTREAM MANAGEMENT, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-11-02","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3), 195.573(a)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020010noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020010noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020010noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42020010NOA","body":"Notice of Amendment involving ARM MIDSTREAM MANAGEMENT, LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.573(a)(2). The case was opened on 2020-11-02 and is reported as closed as of 2021-05-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42020010NOA_Closure Letter_05212021_(20-171918).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020010NOA/42020010NOA_Closure%20Letter_05212021_(20-171918).pdf\n\n42020010NOA_Closure Letter_05212021_(20-171918)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020010NOA/42020010NOA_Closure%20Letter_05212021_(20-171918)_text.pdf\n\n42020010NOA_Notice of Amendment_11022020_(20-171918).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020010NOA/42020010NOA_Notice%20of%20Amendment_11022020_(20-171918).pdf\n\n42020010NOA_Notice of Amendment_11022020_(20-171918)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020010NOA/42020010NOA_Notice%20of%20Amendment_11022020_(20-171918)_text.pdf\n\n42020010NOA_Operator Response to Notice_01072021_(20-171918).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020010NOA/42020010NOA_Operator%20Response%20to%20Notice_01072021_(20-171918).pdf\n\n42020010NOA_Closure Letter_05212021_(20-171918)_text.pdf\n\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nMay 21, 2021\nJohn Poarch\nPresident\nARM Midstream Management LLC\n20329 State Highway 249, 4th Floor\nHouston, Texas 77070\nCPF 4-2020-010-NOA\nDear Mr. Poarch:\nFrom April 20, 2020 through September 02, 2020, 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 ARM Midstream LLC’s (ARM) hazardous liquid transmission pipeline system\nlocated in Texas and New Mexico. As a result of the inspection, PHMSA issued a Notice of\nAmendment to ARM on November 2, 2020, which proposed amendments to its procedures.\nARM/SCM submitted its final amended procedures on April 28, 2021. PHMSA staff reviewed\nthe amended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\ncc: Joan Harris, Director of Compliance and Operations Services, ARM Midstream LLC,\nJoan.Harris@SCmid.com\n\n42020010NOA_Notice of Amendment_11022020_(20-171918)_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nNovember 2, 2020\nJohn Poarch\nPresident\nARM Midstream Management, LLC\n20329 State Highway 249, 4th Floor\nHouston, Texas 77070\nCPF 4-2020-010-NOA\nDear Mr. Poarch:\nFrom April 20, 2020 through September 02, 2020, 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 ARM Midstream LLC’s (‘ARM’) hazardous liquid transmission pipeline\nsystem located in Texas and New Mexico.\nOn the basis of the inspection, PHMSA has identified an apparent inadequacy within ARM\nOperating and Maintenance (O&M) procedure, as described below:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a)…\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\n§ 195.573 What must I do to monitor external corrosion control?\n(a) Protected pipelines. You must do the following to determine whether cathodic\nprotection required by this subpart complies with § 195.571:\n(2) Identify not more than 2 years after cathodic protection is installed, the\ncircumstances in which a close-interval survey or comparable technology is\npracticable and necessary to accomplish the objectives of paragraph 10.1.1.3 of\nNACE SP 0169 (incorporated by reference, see § 195.3).\n\n\n\n2\nARM’s written O&M procedure did not identify when a close-interval survey or\ncomparable technology is practicable and necessary to accomplish the objectives of\nparagraph 10.1.1.3 of NACE SP 0169 (incorporated by reference, § 195.3).\nARM’s Corrosion Management Plan-R1, September 18, 2020, Section 4.3.2.1 Close\nInterval Survey states:\n\"Close Interval Surveys (CIS) of buried pipe shall be conducted to meet the\nobjectives of NACE SP 0169 paragraph 10.1.1.3. Specifically, CIS shall be\nperformed at a minimum once every 7 years for jurisdictional pipeline segments\nregulated by 49 CFR 192 and 49 CFR 195, except segments that receive an External\nCorrosion Direct Assessment (ECDA) so that all covered segments are monitored\nperiodically. CIS may also be conducted at the discretion of the Integrity Manager\nwhen practicable and determined necessary by sound engineering practice during\nthe following circumstances…\"\nARM must amend its written procedure to include no more than two years after a cathodic\nprotection system is installed, the close-interval survey or comparable technology is used\nto determine the effectiveness of the cathodic protection system; provide base line\noperating data; locate areas of inadequate protection levels, and identify areas to be\nmonitored periodically.\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 Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document, you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 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 Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\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\n\n\n\n3\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that ARM Midstream Management, LLC maintain documentation\nof the safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Mary McDaniel, Director,\nSouthwest, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 4-2020-010-NOA, and for each document you submit,\nplease provide a copy in electronic format whenever possible.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings","truncated":false,"body_characters":8024}