{"operation":"document","citation":"CPF 42021044NOA","title":"GOLDEN PASS LNG TERMINAL LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-08-11","effective_on":null,"summary":"CLOSED notice of amendment citing 191.25(a), 191.5(a), 191.5(b), 193.2011, 193.2017(a), 193.2637.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021044noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021044noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021044noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42021044NOA","body":"Notice of Amendment involving GOLDEN PASS LNG TERMINAL LLC. PHMSA's enforcement data identifies the cited regulations as 191.25(a),  191.5(a),  191.5(b),  193.2011,  193.2017(a),  193.2637. The case was opened on 2021-08-11 and is reported as closed as of 2021-10-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42021044NOA_Closure Letter_10152021_(21-209154).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021044NOA/42021044NOA_Closure%20Letter_10152021_(21-209154).pdf\n\n42021044NOA_Closure Letter_10152021_(21-209154)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021044NOA/42021044NOA_Closure%20Letter_10152021_(21-209154)_text.pdf\n\n42021044NOA_Notice of Amendment_08112021_(21-209154).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021044NOA/42021044NOA_Notice%20of%20Amendment_08112021_(21-209154).pdf\n\n42021044NOA_Notice of Amendment_08112021_(21-209154)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021044NOA/42021044NOA_Notice%20of%20Amendment_08112021_(21-209154)_text.pdf\n\n42021044NOA_Operator Response Notice_09082021_(21-209154).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021044NOA/42021044NOA_Operator%20Response%20Notice_09082021_(21-209154).pdf\n\n42021044NOA_Closure Letter_10152021_(21-209154)_text.pdf\n\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nOctober 15, 2021\nJohn Fraser\nVice President of Operations\nGolden Pass LNG Terminal LLC\n811 Louisiana Street, Suite 1500\nHouston, Texas 77002\nCPF 4-2021-044-NOA\nDear Mr. Fraser:\nFrom April 12, 2021 through April 15, 2021, 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 Golden Pass LNG Terminal LLC’s (GPLNG) plans and procedures. As a result\nof the inspection, GPLNG was issued a Notice of Amendment on August 11, 2021, which\nproposed amendments to GPLNG’s procedures.\nGPLNG submitted its final amended procedures on September 9, 2021. PHMSA staff reviewed\nthe amended procedures, and it appears that the inadequacies outlined in the 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: Britney Head, SSHE Manager, Golden Pass LNG Terminal LLC,\nbritney.e.head@gpterminal.com\nTyrus Bordelon Jr., SSHE Supervisor, Golden Pass LNG Terminal LLC,\ntyrus.bordelonjr@gpterminal.com\n\n42021044NOA_Notice of Amendment_08112021_(21-209154)_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nAugust 11, 2021\nJohn Fraser\nVice President of Operations\nGolden Pass LNG Terminal LLC\n811 Louisiana Street, Suite 1500\nHouston, Texas 77002\n4-2021-044-NOA\nDear Mr. Fraser:\nFrom April 12, 2021 through April 15, and on April 19, 2021, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States\nCode inspected Golden Pass LNG Terminal LLC’s (GPLNG) plans and procedures located in\nJefferson County Texas.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nGPLNG’s plans or procedures, as described below:\n1. § 193.2017 Plans and procedures.\n(a) Each operator shall maintain at each LNG plant the plans and procedures required\nfor that plant by this part. The plans and procedures must be available upon request for\nreview and inspection by the Administrator or any State Agency that has submitted a\ncurrent certification or agreement with respect to the plant under the pipeline safety laws\n(49 U.S.C. 60101 et seq.). In addition, each change to the plans or procedures must be\navailable at the LNG plant for review and inspection within 20 days after the change is\nmade.\n§ 193.2011 Reporting.\nIncidents, safety-related conditions, and annual pipeline summary data for LNG plants\nor facilities must be reported in accordance with the requirements of Part 191 of this\nsubchapter.\n\n\n\n§ 191.5 Immediate notice of certain incidents.\n(a) At the earliest practicable moment following discovery, but no later than one hour\nafter confirmed discovery, each operator must give notice in accordance with paragraph\n(b) of this section of each incident as defined in §191.3.\nGPLNG’s written procedure, DOT Terminal Operations and Maintenance Manual (Rev. No.\n5; 4/29/2021), is inadequate because it does not provide a definition for the term “confirmed\ndiscovery,” which is defined in § 191.3 as “when it can be reasonably determined, based on\ninformation available to the operator at the time a reportable event has occurred, even if only\nbased on a preliminary evaluation.”\nGPLNG submitted a revised procedure to address the requirements of § 193.2011 and § 191.5,\nrespectively. PHMSA reviewed the revised procedures and found the revisions adequate.\n2. § 193.2017 Plans and procedures.\n(a) Each operator shall maintain at each LNG plant the plans and procedures required\nfor that plant by this part. The plans and procedures must be available upon request for\nreview and inspection by the Administrator or any State Agency that has submitted a\ncurrent certification or agreement with respect to the plant under the pipeline safety laws\n(49 U.S.C. 60101 et seq.). In addition, each change to the plans or procedures must be\navailable at the LNG plant for review and inspection within 20 days after the change is\nmade.\n§ 193.2011 Reporting.\nIncidents, safety-related conditions, and annual pipeline summary data for LNG plants\nor facilities must be reported in accordance with the requirements of Part 191 of this\nsubchapter.\n§ 191.25 Filing safety-related condition reports.\n(a) Each report of a safety-related condition under §191.23(a)(1) through (9) must be\nfiled (received by the Associate Administrator) in writing within 5 working days (not\nincluding Saturday, Sunday, or Federal holidays) after the day a representative of an\noperator first determines that the condition exists, but not later than 10 working days\nafter the day a representative of an operator discovers the condition. Separate conditions\nmay be described in a single report if they are closely related. Reporting methods and\nreport requirements are described in paragraph (c) of this section.\nGPLNG’s written procedure, DOT Terminal Operations and Maintenance Manual (Rev. No.\n5; 4/29/2021), is inadequate because it does not include requirements to file safety-related\nconditions in accordance with § 191.25(a), specifically no later than 10 working days after the\nday a representative of an operator discovers the safety-related condition.\n2\n\n\n\nGPLNG submitted a revised procedure to address the requirements of § 193.2011 and\n191.25(a), respectively. PHMSA reviewed the revised procedures and found the revisions\nadequate.\n3. § 193.2017 Plans and procedures.\n(a) Each operator shall maintain at each LNG plant the plans and procedures required\nfor that plant by this part. The plans and procedures must be available upon request for\nreview and inspection by the Administrator or any State Agency that has submitted a\ncurrent certification or agreement with respect to the plant under the pipeline safety laws\n(49 U.S.C. 60101 et seq.). In addition, each change to the plans or procedures must be\navailable at the LNG plant for review and inspection within 20 days after the change is\nmade.\n§ 193.2637 Remedial measures.\nPrompt corrective or remedial action must be taken whenever an operator learns by\ninspection or otherwise that atmospheric, external, or internal corrosion is not controlled\nas required by this subpart.\nGPLNG’s written procedure, Corrosion Program Manual (Rev. #4, 10/3/2018), is inadequate\nbecause it does not provide timeframes for corrective or remedial action for addressing\natmospheric, external, or internal corrosion as required by § 193.2637.\nDuring the inspection, PHMSA inspectors reviewed GPLNG’s procedure and found that it did\nnot include timeframes for corrective or remedial action for addressing corrosion related issues.\nGPLNG must amend its written procedure to include timeframes of corrective or remedial\naction for addressing atmospheric, external, or internal corrosion as required by § 193.2637.\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\nCompliance 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).\n3\n\n\n\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\n30 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\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Golden Pass LNG Terminal LLC maintain documentation of\nthe safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Mary L. McDaniel, P.E.,\nDirector, Southwest Region, Pipeline and Hazardous Materials Safety Administration. In\ncorrespondence concerning this matter, please refer to 4-2021-044-NOA and, for each document\nyou submit, please provide a copy in electronic format whenever possible.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\ncc: Enclosure: Response Options for Pipeline Operators in Enforcement Proceedings\nTyrus Bordelon Jr., SSHE Supervisor, Golden Pass LNG Terminal LLC,\ntyrus.bordelonjr@gpterminal.com\nAndrew Kohout, P.E., Director, Division of LNG Facility Reviews and Inspections\nOffice of Energy Projects, Federal Energy Regulatory Commission, andrew.kohout@ferc.gov\n4","truncated":false,"body_characters":11147}