{"operation":"document","citation":"CPF 42020017NOA","title":"CENTURION PIPELINE L.P. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-12-22","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(a), 195.402(c)(3), 195.403(a), 195.403(b)(1), 195.591, 195.64(c)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020017noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020017noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020017noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42020017NOA","body":"Notice of Amendment involving CENTURION PIPELINE L.P.. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(c)(3),  195.403(a),  195.403(b)(1),  195.591,  195.64(c)(1). The case was opened on 2020-12-22 and is reported as closed as of 2021-02-11. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42020017NOA_Closure Letter_02112021_(20-171911).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020017NOA/42020017NOA_Closure%20Letter_02112021_(20-171911).pdf\n\n42020017NOA_Closure Letter_02112021_(20-171911)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020017NOA/42020017NOA_Closure%20Letter_02112021_(20-171911)_text.pdf\n\n42020017NOA_Notice of Amendment_12222020_(20-171911).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020017NOA/42020017NOA_Notice%20of%20Amendment_12222020_(20-171911).pdf\n\n42020017NOA_Notice of Amendment_12222020_(20-171911)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020017NOA/42020017NOA_Notice%20of%20Amendment_12222020_(20-171911)_text.pdf\n\n42020017NOA_Operator Response to Notice and Request for Closure_01192021_(20-171911).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020017NOA/42020017NOA_Operator%20Response%20to%20Notice%20and%20Request%20for%20Closure_01192021_(20-171911).pdf\n\n42020017NOA_Notice of Amendment_12222020_(20-171911)_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nDecember 22, 2020\nMichael Morgan\nVice President Operations & Engineering\nCenturion Pipeline L.P.\n3600 W. Sam Houston Pkwy, Suite 500\nHouston, Texas 77042\nCPF 4-2020-017-NOA\nDear Mr. Morgan:\nFrom April 6, 2020 through September 11, 2020, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United\nStates Code inspected Centurion Pipeline L.P.’s (Centurion) procedures for operations and maintenance\nin Houston, Texas.\nBased on the inspection, PHMSA has identified the apparent inadequacies found within Centurion’s plans\nor procedures, as described below:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a manual of\nwritten procedures for conducting normal operations and maintenance activities and\nhandling abnormal operations and emergencies. . .\n§ 195.64 National Registry of Operators.\n(a) …\n(c) Changes. Each operator must notify PHMSA electronically through the National Registry\nof Operators at https://portal.phmsa.dot.gov, of certain events.\n(1) An operator must notify PHMSA of any of the following events not later than 60 days\nbefore the event occurs:\n(i) Construction or any planned rehabilitation, replacement, modification, upgrade,\nuprate, or update of a facility, other than a section of line pipe, that costs $10 million or\nmore. If 60 day notice is not feasible because of an emergency, an operator must notify\nPHMSA as soon as practicable;\n\n\n\n(ii) Construction of 10 or more miles of a new or replacement hazardous liquid or\ncarbon dioxide pipeline;\n(iii) Reversal of product flow direction when the reversal is expected to last more than\n30 days. This notification is not required for pipeline systems already designed for bi-\ndirectional flow; or\n(iv) A pipeline converted for service under § 195.5, or a change in commodity as\nreported on the annual report as required by § 195.49.\nCenturion’s procedure P-195.64: Pipeline Construction and National Registry of Pipelines (revised July\n2019) is inadequate because it does not include the requirements 49 CFR § 195.64(c)(1)(iii) and (iv) in\nthe procedure.\nThe P-195.64: Pipeline Construction and National Registry of Pipeline Operators procedure steps state:\n“3. Notify PHMSA electronically through the National Registry of Pipeline and LNG Operators\nat http://opsweb.phmsa.dot.gov of any of the following events:\na. Not later than 60 days before the following occurs:\ni. Construction or any planned rehabilitation, replacement, modification, upgrade,\nuprate, or update of a facility, other than a section of line pipe, that costs $10 million\nor more. If 60 days notice is not feasible because of emergency, an operator must\nnotify PHMSA as soon as practicable;\nConstruction of 10 or more miles of a new hazardous liquid pipeline; or\nConstruction of a new pipeline facility\nb. ii. iii. i. Not later than 60 days after the following occurs:\nA change in the primary entity responsible (i.e. with assigned OPID) for managing\nor administering a safety program required by this part covering pipeline facilities\noperated under multiple OPIDs.\nii. iii. A change in the name of the operator;\nA change in the entity (e.g. company, municipality) responsible for operating an\nexisting pipeline, pipeline segment, or pipeline facility;\niv. The acquisition or divestiture of 50 or more miles of pipeline or pipeline system\nsubject to this part; or\nv. The acquisition or divestiture of an existing pipeline facility subject to this part.”\nThe Centurion procedure does not include a provision that would require Centurion to notify PHMSA of\nthe reversal of product flow direction when the reversal is expected to last more than 30 days and when a\npipeline converted for service under § 195.5, or a change in commodity as reported on the annual report\nas required by § 195.49. Centurion must revise its procedure, P-195.64: Pipeline Construction and\nNational Registry of Pipelines to comply with 49 CFR § 195.64(c)(1).\n2\n\n\n\n2. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a manual of\nwritten procedures for conducting normal operations and maintenance activities and\nhandling abnormal operations and emergencies. . .\n§ 195.403 Emergency response training.\n(a) Each operator shall establish and conduct a continuing training program to instruct\nemergency response personnel to: . . .\n(b) At the intervals not exceeding 15 months, but at least once each calendar year, each\noperator shall:\n(1) Review with personnel their performance in meeting the objectives of the emergency\nresponse training program set forth in paragraph (a) of this section;\nCenturion’s procedure P-195.403: Emergency Response Training, Personnel Training on Emergency\nResponse (revised July 2019) is inadequate because it does not define the required frequency for the review\nof its personnel performance in meeting the objectives of the emergency response training program set\nforth in § 195.403(a).\nCenturion’s procedure P-195.403: Emergency Response Training, Personnel Training on Emergency\nResponse (revised July 2019) states:\n“Emergency Response actions and training will be discussed during site safety reviews and\ndocumented on the Job Safety Analysis. Potential response actions may include the\nfollowing:\n1) Location and operation of block valve\n2) Importance and urgency of performing duties for the protection of life first and then\nproperty\n3) 4) How to make the system safe from an actual or potential hazard to life or property\nFunctions of local fire, police and other agencies and how to cooperate with them in\nan emergency.”\nAccording to the procedure, Emergency Response training would occur during site safety reviews, but\nthere is no indication at what intervals those reviews would occur and whether they would occur within\nthe required interval under § 195.403(b). Centurion must revise its procedure P-195.403: Emergency\nResponse Training to explicitly define the required frequency of reviewing their personnel’s performance\nin its procedure.\n3. § 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(1) . . .\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.\n3\n\n\n\n§ 195.591 In-Line inspection of pipelines\nWhen conducting in-line inspection of pipelines required by this part, each operator must\ncomply with the requirements and recommendations of API Std 1163, Inline Inspection\nSystems Qualification Standard; ANSI/ASNT ILI-PQ, Inline Inspection Personnel\nQualification and Certification; and NACE SP0102-2010, Inline Inspection of Pipelines\n(incorporated by reference, see § 195.3). An in-line inspection may also be conducted using\ntethered or remote control tools provided they generally comply with those sections of NACE\nSP0102-2010 that are applicable.\nCenturion’s Integrity Management (IM) procedure is inadequate because it does not include a process for\nthe qualification of in-line inspections, including personnel, equipment, processes, and software utilization\nwithin the procedures. Specifically, the procedures do not require compliance with the requirements and\nrecommendations of API 1163 – Inline Inspection System Qualification Standard; ANSI/ASNT ILI-PQ –\nInline Inspection Personnel Qualification and certification; and NACE SP0102-2010 – Inline Inspection\nof Pipelines.\nSection 2 of Centurion’s IM procedure (Rev. 9, June 2020) states:\n“6. Personnel Qualifications and Training: Sufficient number of qualified personnel,\nincluding employees and Contractors, will be available to respond to Program needs.”\nCenturion must amend Section 2 of its IM procedure to include adequate in-line inspection requirements\nfor the qualification of in-line inspection systems, including personnel, equipment, processes, and\nsoftware utilization.\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 part of\nthis Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you submit in\nresponse to this enforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with\nthe complete original 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 redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised procedures,\nor a request for a hearing under § 190.211. If you do not respond within 30 days of receipt of this Notice,\nthis constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and\nto issue an Order Directing Amendment. If your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R.\n§ 190.206).\n4\n\n\n\nIf you are not contesting this Notice, we propose that you submit your amended procedures to my office\nwithin 30 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 (not mandated) that Centurion Pipeline, L.P. maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Mary McDaniel, Director, Southwest region, Pipeline and Hazardous\nMaterials Safety Administration. In correspondence concerning this matter, please refer to CPF 4-2020-\n017-NOA, and for each document you submit, please provide a copy in electronic format whenever\npossible.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: Cutty Cunningham, DOT Compliance/Director of Integrity, Centurion Pipeline,\ncutty_cunningham@centurionpl.com\n5\n\n42020017NOA_Closure Letter_02112021_(20-171911)_text.pdf\n\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nFebruary 11, 2021\nMichael Morgan\nVice President, Operations & Engineering\nCenturion Pipeline L.P.\n3600 West Sam Houston Parkway, Suite 500\nHouston, Texas, 77042\nCPF 4-2020-017-NOA\nDear Mr. Morgan:\nFrom April 6, 2020 through September 11, 2020, representatives from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\ninspected Centurion Pipeline L.P.’s (Centurion) procedures for operations and maintenance in\nHouston, Texas. As a result of the inspection, Centurion was issued a Notice of Amendment on\nDecember 22, 2020, which proposed amendment of its procedures.\nCenturion submitted its amended procedures on January 19, 2021. PHMSA staff reviewed the\namended procedures, and 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,\nMary McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":13528}