{"operation":"document","citation":"CPF 42023043NOA","title":"TARGA DOWNSTREAM LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-05-04","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3), 195.452(h)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023043noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023043noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023043noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42023043NOA","body":"Notice of Amendment involving TARGA DOWNSTREAM LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.452(h)(2). The case was opened on 2023-05-04 and is reported as closed as of 2023-08-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42023043NOA_Closure Letter_08042023_(22-234487).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023043NOA/42023043NOA_Closure%20Letter_08042023_(22-234487).pdf\n\n42023043NOA_Closure Letter_08042023_(22-234487)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023043NOA/42023043NOA_Closure%20Letter_08042023_(22-234487)_text.pdf\n\n42023043NOA_Notice of Amendment_05042023_(22-234487).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023043NOA/42023043NOA_Notice%20of%20Amendment_05042023_(22-234487).pdf\n\n42023043NOA_Notice of Amendment_05042023_(22-234487)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023043NOA/42023043NOA_Notice%20of%20Amendment_05042023_(22-234487)_text.pdf\n\n42023043NOA_Operator Response to Notice_06022023_(22-234487).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023043NOA/42023043NOA_Operator%20Response%20to%20Notice_06022023_(22-234487).pdf\n\n42023043NOA_Notice of Amendment_05042023_(22-234487)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL\nMay 4, 2023\nG. Clark White\nExecutive Vice President Operations\nTarga Downstream LLC\n811 Louisiana Street Suite 2100\nHouston TX 77002\nCPF 4-2023-043-NOA\nDear Mr. White:\nFrom February 22 to October 17, 2022, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected Targa Downstream Resources, LLC’s (Targa) integrity management plan and\nmaintenance and operations procedures in Houston, Texas.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nTarga’s integrity management plan 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\nparagraph (a) of this section must include procedures for the following\nto provide safety during maintenance and normal operations:\n(1) . . . .\n(3) Operating, maintaining, and repairing the pipeline system in\naccordance with each of the requirements of this subpart and subpart\nH of this part.\n§ 195.452 Pipeline integrity management in high consequence areas.\n(a) . . . .\n(h) What actions must an operator take to address integrity issues? -\n\n\n\n(1) . . . .\n(2) Discovery of condition. Discovery of a condition occurs when an\noperator has adequate information to determine that a condition\npresenting a potential threat to the integrity of the pipeline exists. An\noperator must promptly, but no later than 180 days after an\nassessment, obtain sufficient information about a condition to make\nthat determination, unless the operator can demonstrate the 180-day\ninterval is impracticable. If the operator believes that 180 days are\nimpracticable to make a determination about a condition found during\nan assessment, the pipeline operator must notify PHMSA in accordance\nwith paragraph (m) of this section and provide an expected date when\nadequate information will become available.\nTarga’s integrity management plan was inadequate to assure safe operation of a pipeline facility\nin accordance with § 195.402(c)(3). Specifically, Targa’s Integrity Management Program for\nLiquids Transmission Pipeline (Rev: 4/1/2020) (IMP) failed to describe what adequate information\nis needed to determine that a condition presenting a potential threat to the integrity of the pipeline\nexists, as required by § 195.452(h)(2).\nIn Section 2.0 of its IMP, Targa failed to provide details on or define the adequate information\nrequired to confirm discovery of a condition. This section copies the regulatory definition, with\nno additional details. The plan must provide details on circumstances which may constitute\ndiscovery of a condition.\nTherefore, Targa’s written integrity management plan was inadequate to assure safe operation of\na pipeline facility in accordance with § 195.402(c)(3). Targa must revise its integrity management\nplan to describe the adequate information needed to determine discovery of a condition in\naccordance with § 195.452(h)(2).\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\n\n\n\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 60 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 Targa maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures)\nand submit the total to Bryan Lethcoe, Director, Southwest region, Pipeline and Hazardous\nMaterials Safety Administration. In correspondence concerning this matter, please refer to CPF 4-\n2023-043-NOA and, for each document you submit, please provide a copy in electronic format\nwhenever possible.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: Bryan J. MacKenzie, Sr. Manager Pipeline Integrity, bmackenzie@targaresources.com\nGregg Johnson, Director of Pipeline Compliance, gjohnson@targaresources.com\n\n42023043NOA_Closure Letter_08042023_(22-234487)_text.pdf\n\nVIA ELECTRONIC MAIL\nAugust 04, 2023\nG. Clark White\nExecutive Vice President Operations\nTarga Downstream LLC\n811 Louisiana Street Suite 2100\nHouston, Texas 77002\nCPF 4-2023-043-NOA\nDear Mr. White:\nFrom February 22 to October 17, 2022, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code U.\nS. C) inspected Targa Downstream Resources, LLC’s (Targa) integrity management plan and\nmaintenance and operations procedures in Houston, Texas.\nOn May 4, 2023, PHMSA Southwest Region issued the Notice, CPF 4-2023-043-NOA, to Targa\nrequiring amendments of its integrity management plan.\nTarga submitted its amended procedures on July 6, 2023. PHMSA has reviewed the amended\nprocedure, and it appears that the inadequacies outlined in this Notice 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\ncc: Bryan J. MacKenzie, Sr. Manager Pipeline Integrity, bmackenzie@targaresources.com\nGregg Johnson, Director of Pipeline Compliance, gjohnson@targaresources.com","truncated":false,"body_characters":8383}