{"operation":"document","citation":"CPF 42021026NOA","title":"DCP MIDSTREAM — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-02-26","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(a), 195.444(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021026noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021026noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021026noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42021026NOA","body":"Notice of Amendment involving DCP MIDSTREAM. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.444(c). The case was opened on 2021-02-26 and is reported as closed as of 2021-05-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42021026NOA_Closure Letter_05052021_(20-180906).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021026NOA/42021026NOA_Closure%20Letter_05052021_(20-180906).pdf\n\n42021026NOA_Closure Letter_05052021_(20-180906)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021026NOA/42021026NOA_Closure%20Letter_05052021_(20-180906)_text.pdf\n\n42021026NOA_Notice of Amendment_02262021_(20-180906).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021026NOA/42021026NOA_Notice%20of%20Amendment_02262021_(20-180906).pdf\n\n42021026NOA_Notice of Amendment_02262021_(20-180906)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021026NOA/42021026NOA_Notice%20of%20Amendment_02262021_(20-180906)_text.pdf\n\n42021026NOA_Notice of Amendment_02262021_(20-180906)_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nFebruary 26, 2021\nGeorge Green\nGeneral Vice President of General Counsel\nDCP Midstream\n370 17th Street, Suite 2500\nDenver, Colorado 80202\nCPF 4-2021-026 NOA\nDear Mr. Green:\nFrom May 11, 2020 through August 31, 2020, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected DCP\nMidstream’s (DCP) procedures for operation and maintenance in Houston, Texas, via video teleconference.\nBased on the inspection, PHMSA has identified apparent inadequacies found within DCP’s procedures as\ndescribed 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 handling\nabnormal operations and emergencies.\n§ 195.444 Leak detection.\n(a)…\n(c) CPM leak detection systems. Each computational pipeline monitoring (CPM) leak detection\nsystem installed on a hazardous liquid pipeline must comply with API RP 1130 (incorporated\nby reference, see § 195.3) in operating, maintaining, testing, record keeping, and dispatcher\ntraining of the system.\nDCP’s Leak Detection Program procedures, dated November 6, 2019, were inadequate in two areas.\nFirst, DCP’s procedures did not include a process for initial testing of the Leak Detection System\n(LDS) to establish a baseline of performance, as required by incorporated by reference API RP 1130,\nSection 6.2.2 and second, DCP did not include a process for instrumentation maintenance and\ncalibration, as required by incorporated by reference API RP 1130, Section 5.1.3.\nDCP provided revised Leak Detection Program procedures dated October 28, 2020, which now\ninclude a process for initial testing of the LDS that establishes a baseline of performance and a process\nfor instrumentation maintenance and calibration. These procedures were reviewed and found to be\nadequate.\n\n\n\n2\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 this\nNotice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please\nrefer to this document and note the response options. Be advised that all material you submit in response\nto this enforcement action is subject to being made publicly available. If you believe that any portion of\nyour responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete\noriginal document, you must provide a second copy of the document with the portions you believe qualify\nfor confidential treatment redacted and an explanation of why you believe the redacted information qualifies\nfor 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, or\na request for a hearing under § 190.211. If you do not respond within 30 days of receipt of this Notice, this\nconstitutes 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 to\nissue an Order Directing Amendment. If your plans or procedures are found inadequate as alleged in this\nNotice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. §\n190.206). If you are not contesting this Notice, we propose that you submit your amended procedures to\nmy office within 30 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, this\nenforcement action will be closed.\nAs noted above, the inadequacies identified herein have been addressed in the operator’s amended\nprocedures, therefore any enforcement action is closed.\nIt is requested (not mandated) that DCP Midstream maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and\nsubmit the total to Mary L. McDaniel P.E., Director, Southwest, Pipeline and Hazardous Materials Safety\nAdministration. In correspondence concerning this matter, please refer to CPF 4-2021-026 NOA, and for\neach document you submit, please 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\ncc: John Pontious, Manager of Pipeline Compliance, DCP Midstream, jdpontious@dcpmidstream.com\nMark Glenn, Sr. Pipeline & Integrity Specialist, DCP Midstream, mglenn@dcpmidstream.com\n\n42021026NOA_Closure Letter_05052021_(20-180906)_text.pdf\n\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nMay 5, 2021\nGeorge Green\nGeneral Vice President of General Counsel\nDCP Midstream\n370 17th Street, Suite 2500\nDenver, Colorado 80202\nCPF 4-2021-026 NOA\nDear Mr. Green\nFrom May 11, 2020 through August 31, 2020, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected DCP Midstream’s (DCP) procedures for operation and maintenance in Houston, Texas,\nvia video teleconference. As a result of the inspection, DCP was issued a Notice of Amendment\non March 1, 2021, which outlined inadequacies in its procedures.\nDCP submitted its revised procedures prior to the issuance of the Notice on October 28, 2020.\nPHMSA staff reviewed these procedures and determined them to be adequate; therefore, as\nindicated in the Notice no further correspondence was required from DCP. According to 49 CFR\n§ 190.206, an operator is allowed 30 days following receipt of a notice to submit written comments,\nrevised procedures, or a request for a hearing under § 190.211.\nThis letter is to inform you that this case is now closed. Thank you for your cooperation.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":7289}