{"operation":"document","citation":"CPF 42023032NOA","title":"COVE POINT LNG, LP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-04-20","effective_on":null,"summary":"CLOSED notice of amendment citing 193.2503(c), 193.2605(b), 193.2605(c), 193.2707(a), 193.2707(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023032noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023032noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023032noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42023032NOA","body":"Notice of Amendment involving COVE POINT LNG, LP. PHMSA's enforcement data identifies the cited regulations as 193.2503(c),  193.2605(b),  193.2605(c),  193.2707(a),  193.2707(b). The case was opened on 2023-04-20 and is reported as closed as of 2024-02-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42023032NOA_Closure Letter_02222024_(22-249322).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023032NOA/42023032NOA_Closure%20Letter_02222024_(22-249322).pdf\n\n42023032NOA_Closure Letter_02222024_(22-249322)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023032NOA/42023032NOA_Closure%20Letter_02222024_(22-249322)_text.pdf\n\n42023032NOA_Notice of Amendment_04202023_(22-249332).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023032NOA/42023032NOA_Notice%20of%20Amendment_04202023_(22-249332).pdf\n\n42023032NOA_Notice of Amendment_04202023_(22-249332)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023032NOA/42023032NOA_Notice%20of%20Amendment_04202023_(22-249332)_text.pdf\n\n42023032NOA_Operator Response to Notice_05202023_(22-249332).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023032NOA/42023032NOA_Operator%20Response%20to%20Notice_05202023_(22-249332).pdf\n\n42023032NOA_Closure Letter_02222024_(22-249322)_text.pdf\n\nVIA ELECTRONIC MAIL TO: daniel.woods@bhegts.com\nFebruary 22, 2024\nDaniel Woods\nVP LNG Operations\nCove Point LNG\n2100 Cove Point Road\nLusby, Maryland 20657\nCPF 4-2023-032-NOA\nDear Mr. Woods:\nFrom August 15 through September 29, 2022, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of Cove Point LNG,LP (Cove Point LNG)\nprocedures in Lusby, Maryland. As a result of the inspection, Cove Point LNG was issued a\nNotice of Amendment on April 20, 2023, which proposed amendment of your procedures.\nCove Point LNG submitted its amended procedures on May 20, 2023 and December 28, 2023.\nMy staff reviewed the amended procedures, and it appears that the inadequacies outlined in this\nNotice 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,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n\n42023032NOA_Notice of Amendment_04202023_(22-249332)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL\nApril 20, 2023\nDaniel Woods\nVP LNG Operations\nCove Point LNG, LP\n2100 Cove Point Road\nLusby, Maryland 20657\nCPF 4-2023-032-NOA\nDear Mr. Woods:\nFrom August 15 through September 29, 2022, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Cove Point LNG’s procedures for the Cove Point LNG facility in Lusby, Maryland.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within Cove\nPoint LNG’s procedures, as described below:\n1. § 193.2605 Maintenance procedures.\n(a) . . . .\n(b) Each operator shall follow one or more manuals of written\nprocedures for the maintenance of each component, including any\nrequired corrosion control. The procedure must include:\n(1) The details of the inspections or tests determined under\nparagraph (a) of this section and their frequency of performance; and\n(2) A description of other actions necessary to maintain the LNG\nplant according to the requirements of this subpart.\nCove Point LNG’s written procedures for controlling corrosion were inadequate to assure safe\noperation of a pipeline facility in accordance with § 193.2605(b). Specifically, Cove Point LNG’s\ncorrosion procedure, SOP-100-01, Buried Cathodic Protection Systems Inspection, (Rev. 1.01;\nDec. 6, 2020) references the incorrect corrosion remediation procedure.\nDuring the inspection, Cove Point LNG stated it used another procedure, GT-OM-1-100-0017:\n\n\n\nRemedial Measures Procedure, (Rev. 0; Mar. 1, 2022), for corrosion remediation. However, this\nprocedure did not include Cove Point LNG as being covered by the procedure, did not mark\n“LNG” as being within the covered asset class, and failed to mention any of the Part 193 corrosion\ncontrol and remediation requirements.\nTherefore, Cove Point LNG’s written procedures for controlling corrosion were inadequate to\nassure safe operation of a pipeline facility in accordance with § 193.2605(b). Cove Point LNG\nmust revise its procedures to accurately reference other procedures and it must ensure its corrosion\ncontrol procedures explicitly address each corrosion control requirement in Part 193 and that the\nprocedure states it is applicable to LNG and the Cove Point LNG facility.\n2. § 193.2707 Operations and maintenance.\n(a) Each operator shall utilize for operation or maintenance of\ncomponents only those personnel who have demonstrated their\ncapability to perform their assigned functions by-\n(1) Successful completion of the training required by §§ 193.2713\nand 193.2717;\n(2) Experience related to the assigned operation or maintenance\nfunction; and,\n(3) Acceptable performance on a proficiency test relevant to the\nassigned function.\n(b) A person who does not meet the requirements of paragraph (a)\nof this section may operate or maintain a component when\naccompanied and directed by an individual who meets the\nrequirements.\nCove Point LNG’s written procedures for operations and maintenance were inadequate to assure\nsafe operation of a pipeline facility in accordance with § 193.2707. Specifically, Cove Point\nLNG’s Operator Qualifications Program Guide (OQ Guide) failed to provide guidance to qualify\nand supervise contractors performing tasks. Cove Point LNG hires contractors to maintain the fire\nprotection system, but does not have procedures to ensure the contractors are qualified, or are\notherwise supervised by a qualified individual.\nTherefore, Cove Point LNG’s written procedures for operations and maintenance were inadequate\nto assure safe operation of a pipeline facility in accordance with § 193.2707. Cove Point LNG\nmust revise its OQ Guide to include a process that ensures contractors are performing covered\ntasks in accordance with § 193.2707.\n3. § 193.2503 Operating procedures\nEach operator shall follow one or more manuals of written\nprocedures to provide safety in normal operation and in responding to\nan abnormal operation that would affect safety. The procedures must\ninclude provisions for:\n(a) . . . .\n(c) Recognizing abnormal operating conditions.\n\n\n\nCove Point LNG’s written procedures for operations and maintenance were inadequate to assure\nsafe operation of a pipeline facility in accordance with § 193.2503(c). Specifically, Cove Point\nLNG’s procedure and training material failed to provide adequate guidance for personnel to\nrecognize abnormal operating conditions (AOCs).\nCove Point LNG’s SOP-015-01: Abnormal Operating Conditions (Sept. 24, 2021) failed to\nprovide adequate guidance for personnel to recognize AOCs. The procedure included a definition\nbut failed to provide sufficient detail to recognize specific AOCs. In addition, Cove Point LNG’s\ntraining, Abnormal Operating Conditions Training WP-ON-074-GL, failed to include training\nspecific to LNG facilities. After the inspection, Cove Point LNG updated its training to reference\nPart 193, but the updated training failed to provide guidance for personnel to recognize AOCs.\nIn addition, Cove Point LNG updated the definition of an AOC in SOP-015-01 (Sept. 14, 2022) to\nwhen “a component or system within the facility functions outside the design ranges of pressure,\ntemperature, flow or other criteria required by 49 CFR Part 193.” However, an AOC needs to be\ndefined as occurring when operating limits are reached. Further, the warning devices in Cove\nPoint LNG’s control center are intended to notify operators of AOCs. Rather, the role of the alarms\nin recognizing an abnormal operating condition is not included in the procedure.\nTherefore, Cove Point LNG’s written procedures for operations and maintenance were inadequate\nto assure safe operation of a pipeline facility in accordance with § 193.2503(c). Cove Point LNG\nmust revise its training guide and procedures to provide adequate guidance for personnel to\nrecognize AOCs, and it must update the definition of AOC and ensure its procedures require the\ninclusion of alarms monitoring for AOCs.\n4. § 193.2605 Maintenance procedures.\n(a) . . . .\n(b) Each operator shall follow one or more manuals of written\nprocedures for the maintenance of each component, including any\nrequired corrosion control. The procedures must include:\n(c) Each operator shall include in the manual required by\nparagraph (b) of this section instructions enabling personnel who\nperform operation and maintenance activities to recognize conditions\nthat potentially may be safety-related conditions that are subject to the\nreporting requirements of § 191.23 of this subchapter.\nCove Point LNG’s written procedures for maintenance were inadequate to assure safe operation\nof a pipeline facility in accordance with § 193.2605(c). Specifically, Cove Point LNG’s procedure\nfailed to provide adequate guidance for personnel to recognize safety-related conditions (SRCs).\nCove Point LNG’s SOP-120-02: Training on Safety Related Conditions (Rev. 2; Sept. 27, 2021)\nfailed to provide adequate guidance for personnel to recognize SRCs. The list of SRCs in Section\nB repeated the list in section 191.23 and includes conditions that are specific to transmission\npipelines and underground natural gas storage facilities. After the inspection, Cove Point LNG\nupdated its procedure and made the required changes. (SOP-120-02: Training on Safety Related\nConditions (Rev. 3; Sept. 14, 2022)).\n\n\n\nTherefore, Cove Point LNG’s written procedures for maintenance were inadequate to assure safe\noperation of a pipeline facility in accordance with § 193.2605(c).\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.\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 under\n5 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 Cove Point LNG maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Bryan Lethcoe, Director, Southwest Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 4-2023-032-NOA and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings","truncated":false,"body_characters":12524}