{"operation":"document","citation":"CPF 42021070NOA","title":"DCP MIDSTREAM — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-12-22","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3), 195.416(a), 195.452(f)(5), 195.452(j)(5)(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021070noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021070noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021070noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42021070NOA","body":"Notice of Amendment involving DCP MIDSTREAM. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.416(a),  195.452(f)(5),  195.452(j)(5)(i). The case was opened on 2021-12-22 and is reported as closed as of 2022-06-23. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42021070NOA_Closure Letter_06232022_(21-210537).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021070NOA/42021070NOA_Closure%20Letter_06232022_(21-210537).pdf\n\n42021070NOA_Closure Letter_06232022_(21-210537)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021070NOA/42021070NOA_Closure%20Letter_06232022_(21-210537)_text.pdf\n\n42021070NOA_Notice of Amendment_12222021_(21-210537).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021070NOA/42021070NOA_Notice%20of%20Amendment_12222021_(21-210537).pdf\n\n42021070NOA_Notice of Amendment_12222021_(21-210537)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021070NOA/42021070NOA_Notice%20of%20Amendment_12222021_(21-210537)_text.pdf\n\n42021070NOA_Operator Response to Notice_01192022_(21-210537).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021070NOA/42021070NOA_Operator%20Response%20to%20Notice_01192022_(21-210537).pdf\n\n42021070NOA_Closure Letter_06232022_(21-210537)_text.pdf\n\nELECTRONIC MAIL\nJune 23, 2022\nGeorge Green\nGroup Vice President and General Counsel\nDCP Midstream\n370 17th Street, Suite 2500\nDenver, Colorado 80202\nCPF 4-2021-070-NOA\nDear Mr. Green:\nFrom April 12, 2021 to April 14, 2021, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected DCP\nMidstreams’s (DCP) Integrity Management Procedures in Houston, Texas. As a result of the\ninspection, DCP was issued a Notice of Amendment on December 22, 2021, which proposed\namendment of your Integrity Management Plan procedures.\nDCP submitted its revised procedures on April 1, 2022. My staff reviewed the revised procedures,\nand it appears that the inadequacies outlined in this Notice of Amendment have 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\n\n42021070NOA_Notice of Amendment_12222021_(21-210537)_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nDecember 22, 2021\nGeorge Green\nGroup Vice President and General Counsel\nDCP Midstream\n370 17th Street, Suite 2500\nDenver, Colorado 80202\nCPF 4-2021-070-NOA\nDear Mr. Green:\nFrom April 12, 2021 through April 14, 2021, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code,\ninspected DCP Midstreams’s (DCP) Integrity Management Procedures in Houston, Texas.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nDCP’s plans or procedures, 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 this\nsection 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.\n§ 195.416 Pipeline assessments.\n(a) Scope. This section applies to onshore line pipe that can accommodate inspection\nby means of in-line inspection tools and is not subject to the integrity management\nrequirements in § 195.452.\n\n\n\n2. DCP’s Integrity Manual, Integrity Procedures, IP-002 Integrity Assessment Method\nSelection Guide (December 2020) is inadequate because it does not address the assessment\nof pipelines to be performed on those lines not currently subject to the requirements of\n§ 195.452, as required by § 195.416. DCP’s written procedures for integrity assessment\ndo not address how the proper assessment method for those sections of line pipe that are\nnot subject to the requirements of § 195.452 will be determined, how DCP will handle\nother technology, data analysis, or when discovery of conditions occurs.\nDCP must amend its procedures to address assessments of pipelines to be performed that\nare not subject to the requirements of § 195.452 in accordance with the requirements of\n§ 195.416.\n§ 195.452 Pipeline integrity management in high consequence areas.\n(a) . . .\n(f) What are the elements of an integrity management program? An integrity\nmanagement program begins with the initial framework. An operator must\ncontinually change the program to reflect operating experience, conclusions drawn\nfrom results of the integrity assessments, and other maintenance and surveillance\ndata, and evaluation of consequences of a failure on the high consequence area. An\noperator must include, at minimum, each of the following elements in its written\nintegrity management program:\n(1) . . .\n(5) A continual process of assessment and evaluation to maintain a pipeline's\nintegrity (see paragraph (j) of this section);\n(6) . . .\n(j) What is a continual process of evaluation and assessment to maintain a pipeline's\nintegrity? -\n(1) . . .\n(5) Assessment methods. An operator must assess the integrity of the line pipe by\nany of the following methods. The methods an operator selects to assess low\nfrequency electric resistance welded pipe or lap welded pipe susceptible to\nlongitudinal seam failure must be capable of assessing seam integrity and of\ndetecting corrosion and deformation anomalies.\n(i) In-Line Inspection tool or tools capable of detecting corrosion and\ndeformation anomalies, including dents, gouges, and grooves. For pipeline\nsegments that are susceptible to cracks (pipe body and weld seams), an\noperator must use an in-line inspection tool or tools capable of detecting crack\nanomalies. When performing an assessment using an In-Line Inspection tool,\nan operator must comply with § 195.591;\n2\n\n\n\nDCP’s Integrity Manual, Integrity Management Plan, Hazardous Liquids, Section\n5 - Continual Assessment Process (February 2021) is inadequate because it does not\nrequire the operator to use the proper in-line inspection tool (ILI) or tools capable of\ndetecting the suspected threat anomalies. Specifically, for crack detection, DCP’s Integrity\nManual, Integrity Management Plan, Hazardous Liquids, Section 5 - Continual\nAssessment Process, 5.4.4 Integrity Assessment Method Selection states, \"If there is a\nsuspicion that the segment is susceptible to cracks or ILI data has identified the presence\nof crack-like features, the reassessment method selection should address cracks.\" Using\nthe term \"should,\" does not mandate operator personnel to use the correct ILI tool or tools\ncapable of detecting crack anomalies.\nDCP must revise its process to require the appropriate ILI tool or reassessment method to\nbe used when pipeline segments are susceptible to cracks.\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\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\n3\n\n\n\nIt is requested (not mandated) that DCP Midstream maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Mary L. McDaniel, Director, Southwest Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 4-2021-070-NOA and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n4","truncated":false,"body_characters":9614}