{"operation":"document","citation":"CPF 42021074NOA","title":"DCP MIDSTREAM — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-12-20","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3), 195.402(d)(1)(v), 195.440(a), 195.440(g), 195.583(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021074noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021074noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021074noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42021074NOA","body":"Notice of Amendment involving DCP MIDSTREAM. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.402(d)(1)(v),  195.440(a),  195.440(g),  195.583(b). The case was opened on 2021-12-20 and is reported as closed as of 2022-01-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42021074NOA_Closure Letter_01262022_(21-199753).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021074NOA/42021074NOA_Closure%20Letter_01262022_(21-199753).pdf\n\n42021074NOA_Closure Letter_01262022_(21-199753)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021074NOA/42021074NOA_Closure%20Letter_01262022_(21-199753)_text.pdf\n\n42021074NOA_Notice of Amendment_12202021_(21-199753).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021074NOA/42021074NOA_Notice%20of%20Amendment_12202021_(21-199753).pdf\n\n42021074NOA_Notice of Amendment_12202021_(21-199753)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021074NOA/42021074NOA_Notice%20of%20Amendment_12202021_(21-199753)_text.pdf\n\n42021074NOA_Operator Response to Notice_01192022_(21-199753).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021074NOA/42021074NOA_Operator%20Response%20to%20Notice_01192022_(21-199753).pdf\n\n42021074NOA_Notice of Amendment_12202021_(21-199753)_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nDecember 20, 2021\nGeorge Green\nPresident & Chief Executive Officer\nDCP Midstream\n370 17th Street\nDenver, Colorado 80202\nCPF 4-2021-074-NOA\nDear Mr. Green:\nFrom February 22, 2021 through October 1, 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 DCP Midstream’s (DCP) Liquid Pipeline Operations & Maintenance (O&M)\nManual for its Marysville Storage Field and Wattenberg Bushton HVL Systems.\nBased on the inspection, PHMSA has identified the apparent inadequacies found within DCP’s\nplans 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\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.\n§ 195.583 What must I do to monitor atmospheric corrosion control?\n(a) . . .\n(b) During inspections you must give particular attention to pipe at soil-to-air\ninterfaces, under thermal insulation, under disbonded coatings, at pipe supports, in\nsplash zones, at deck penetrations, and in spans over water.\n\n\n\n2. DCP’s written procedure for conducting atmospheric corrosion inspections is inadequate\nbecause it does not include an inspection frequency for conducting atmospheric corrosion\ninspections for pipe at pipe supports. DCP’s Standard Operating Procedure (SOP),\nProcedure Number: CORR-5020, Atmospheric Pipe Inspection dated 3/18/2021, “Section\n1.1.7 Concealed areas under tie down straps or supports”, states, “If there is no visual\nevidence of corrosion, no further action is required.” The procedure, as written, does not\ncomply with the requirements in § 195.583(b), because it allows DCP the option to never\nconduct atmospheric corrosion inspections of pipe at pipe supports.\nDCP must amend its procedures for conducting atmospheric corrosion inspections to\ninclude a required inspection frequency regardless of visual evidence of corrosion for pipe\nat pipe supports in accordance with § 195.583(b).\n§ 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . .\n(d) Abnormal operation. The manual required by paragraph (a) of this section must\ninclude procedures for the following to provide safety when operating design limits\nhave been exceeded:\n(1) Responding to, investigating, and correcting the cause of:\n(i) . . .\n(v) Any other malfunction of a component, deviation from normal operation,\nor personnel error which could cause a hazard to persons or property.\nDCP’s written procedure regarding abnormal operating conditions is inadequate because it\ndoes not include procedures that provide safety when responding to, investigating, and\ncorrecting the cause of any malfunction of a component. Specifically, DCP’s Liquid\nPipeline O&M Manual, Procedure Number F-06 dated 10/12/2020, Abnormal Operations,\n“Section 1.7 Other Malfunction or Error”, does not give clear instructions to operations\npersonnel regarding who may perceive signs that an abnormal operating condition (AOC)\nhas occurred, and does not give specific instructions on how to respond when these\nconditions are encountered to prevent an unsafe situation.\nDuring the field inspection for the Wattenberg Bushton HVL System, operator qualified\nDCP personnel verbally stated a list of AOCs that they look for prior to operating a valve,\nconducting a cathodic protection survey, and other covered tasks. This list included AOCs\nfrom the Veriforce CCT 716OP Training Guide dated 11/11/2019 provided by DCP. One\nof the signs of an AOC verbally stated by DCP personnel was the formation of ice balls to\nindicate a natural gas liquids (NGL) leak. The formation of ice balls is not mentioned in\nany DCP procedure, nor are the other signs contained in the Veriforce Training Guide\nindicating that a possible AOC has occurred. DCP’s Procedure F-14 Emergency Response\nPlan Requirements and Training dated 10/28/2020, \"Section 6 Pump Station Emergency\"\nestablishes that audible sounds, unusual odors, or vapor clouds of unknown origin may\nindicate AOCs that require an appropriate response.\nDCP must amend its procedures to include procedures that provide safety when responding\nto, investigating, and correcting the cause of any malfunction of a component in accordance\n2\n\n\n\nwith § 195.402.\n3. § 195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see §\n195.3).\n(b) . . .\n(g) The program must be conducted in English and in other languages commonly\nunderstood by a significant number and concentration of the non-English speaking\npopulation in the operator's area.\nDCP’s written continuing public education program is inadequate because it does not\nconduct the program in English and in other languages commonly understood by a\nsignificant number and concentration of the non-English speaking population in the\noperator’s areas. Specifically, DCP’s Public Awareness Program (Version 7.1, July 15,\n2019), “Section V. Program Components Languages (PA 2.3.1)” states: “Material\nprovided to Schools, Emergency Response Agencies, Public Officials and the One Call\nCenters is not provided in languages other than English because government proceedings\nand response activities are conducted in English.”\nDCP’s Public Awareness Program (Version 7.1, July 15, 2019) must be amended to require\nthat all material provided to schools, emergency response agencies, public officials, and\none call centers be provided in languages other than English commonly understood by a\nsignificant number and concentration of the non-English speaking population in the\noperator’s area in accordance with API Recommended Practice 1162, Public Awareness\nPrograms for Pipeline Operators, 2.3.1 Public Education (First Edition, December 2003).\nAlthough government proceedings and response activities are conducted in English, the\nintent of the program is to educate the affected public that conducts government\nproceedings and response activities. Section V of DCP’s Public Awareness Program\nstates: “When a language meets (5%) criteria, DCP will translate the public awareness\nmaterial into the required languages.” According to DCP’s Census Data Analysis of Non-\nEnglish Language Groups 2015 Program Year, Spanish and Other Indo-European\nlanguages meet the 5% criteria for Colorado, Kansas, and Michigan. Materials provided\nto all stakeholders in the affected area should be provided in those languages that meet the\ncriteria.\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\n3\n\n\n\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.\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 2-2021-074-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\ncc: John Pontious, Manager, Pipeline Compliance, DCP Midstream,\njdpontious@dcpmidstream.com\n4\n\n42021074NOA_Closure Letter_01262022_(21-199753)_text.pdf\n\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nJanuary 26, 2022\nGeorge Green\nPresident & Chief Executive Officer\nDCP Midstream\n370 17th Street\nDenver, Colorado 80202\nCPF 4-2021-074-NOA\nDear Mr. Green:\nOn February 22, 2021 through October 1, 2021, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\nconducted an inspection of DCP Midstream’s Liquid Pipeline Operations & Maintenance Manual\nfor its Marysville Storage Field and Wattenberg Bushton HVL Systems. As a result of the\ninspection, DCP Midstream was issued a Notice of Amendment on December 20, 2021, which\nproposed amendments to DCP Midstream’s procedures.\nDCP Midstream submitted its amended procedures on January 19, 2022. 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","truncated":false,"body_characters":12101}