{"operation":"document","citation":"CPF 120201022M","title":"RH ENERGYTRANS, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-06-12","effective_on":null,"summary":"CLOSED notice of amendment citing 192.303.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201022m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201022m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201022m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120201022M","body":"Notice of Amendment involving RH ENERGYTRANS, LLC. PHMSA's enforcement data identifies the cited regulation as 192.303. The case was opened on 2020-06-12 and is reported as closed as of 2020-08-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120201022M_Closure Letter_08252020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201022M/120201022M_Closure%20Letter_08252020.pdf\n\n120201022M_Closure Letter_08252020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201022M/120201022M_Closure%20Letter_08252020_text.pdf\n\n120201022M_Notice of Amendment_06122020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201022M/120201022M_Notice%20of%20Amendment_06122020.pdf\n\n120201022M_Notice of Amendment_06122020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201022M/120201022M_Notice%20of%20Amendment_06122020_text.pdf\n\n120201022M_Operator Response to Notice_07082020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201022M/120201022M_Operator%20Response%20to%20Notice_07082020.pdf\n\n120201022M_Closure Letter_08252020_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nAugust 25, 2020\nKyle Rhoades\nChief Operating Officer\nRH energytrans, LLC\n558 West 6th Street\nSuite 200\nErie, PA 16507\nCPF 1-2020-1022M\nDear Mr. Rhoades:\nFrom April 30, 2019 to May 2, 2019, August 7, 2019 to August 8, 2019, and December 3, 2019 to\nDecember 5, 2019, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, conducted an on-\nsite pipeline safety inspection of RH energytrans, LLC’s (RH energytrans) Risberg Project in\nKingsville, Ohio. As a result of the inspection, RH energytrans was issued a Notice of Amendment\non June 12, 2020, which proposed amendment of your procedures.\nRH energytrans submitted its amended procedures on July 8, 2020. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n120201022M_Notice of Amendment_06122020_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nJune 12, 2020\nKyle Rhoades\nChief Operating Officer\nRH energytrans, LLC\n558 West 6th Street, Erie, PA 16507\nCPF 1-2020-1022M\nDear Mr. Rhoades:\nFrom April 30, 2019 to May 2, 2019, August 7, 2019 to August 8, 2019, and December 3, 2019 to\nDecember 5, 2019, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) performed\nan inspection on RH energytrans, LLC’s (RH energytrans) Risberg Project in Kingsville, Ohio.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies found within RH\nenergytrans’ plans or procedures, as described below:\n1. § 192.303 Compliance with specifications or standards.\nEach transmission line or main must be constructed in accordance\nwith comprehensive written specifications or standards that are\nconsistent with this part.\nRH energytrans’ written specifications or standards for constructing each transmission line were\ninadequate. Specifically, RH energytrans' General Conditions and Specifications for Pipeline-\nConstruction, undated (Construction Specification), failed to include training and experience\nrequirements for individuals who perform visual inspection of welding, as prescribed in\n§ 192.241(a).\nSection 192.241(a), Inspection and test of welds, states:\n\n\n\nCPF 1-2020-1022M\n(a) Visual inspection of welding must be conducted by an individual qualified by\nappropriate training and experience to ensure that:\n(1) The welding is performed in accordance with the welding procedure; and\n(2) The weld is acceptable under paragraph (c) of this section.\nDuring an inspection of the Risberg Project in Kingsville, Ohio from April 30, 2019 to May 2,\n2019, a PHMSA Inspector reviewed the Construction Specification. The Construction\nSpecification did not contain requirements prescribed in § 192.241(a), including what appropriate\ntraining and experience is required of an individual who performs visual inspection of welds. When\nasked about the missing requirement, RH energytrans personnel acknowledged that the details\nwere not recorded in the Construction Specifications at the time of the inspection.\nThus, RH energytrans’ written specifications and standards required by § 192.303 were inadequate\nas it pertains to § 192.241(a).\n2. § 192.303 Compliance with specifications or standards.\nEach transmission line or main must be constructed in accordance\nwith comprehensive written specifications or standards that are\nconsistent with this part.\nRH energytrans’ written specifications or standards for constructing each transmission line were\ninadequate. Specifically, RH energytrans’ General Conditions and Specifications for Pipeline-\nConstruction, undated (Construction Specification) failed to include the requirements for the\nlimitations on welders and welding operators prescribed in § 192.229(b).\nSection 192.229(b), Limitations on welders and welding operators, states:\nA welder or welding operator may not weld with a particular welding process\nunless, within the preceding 6 calendar months, the welder or welding operator\nwas engaged in welding with that process.\nDuring an inspection of the Risberg Project in Kingsville, Ohio from April 30, 2019 to May 2,\n2019, a PHMSA Inspector reviewed the Construction Specification. It was noted during the review\nthat details regarding limitations on welders and welding operators were not included in the\nWelding Procedures regarding § 192.229(b). When asked about the missing requirement, RH\nenergytrans personnel acknowledged that the details were not recorded in the Construction\nSpecifications at the time of the inspection.\nThus, RH energytrans’ written specifications and standards required by § 192.303 were inadequate\nas it pertains to § 192.229(b).\n120201022M_Notice of Amendment_06122020_text Page 2 of 5\n\n\n\nCPF 1-2020-1022M\n3. § 192.303 Compliance with specifications or standards.\nEach transmission line or main must be constructed in accordance\nwith comprehensive written specifications or standards that are\nconsistent with this part.\nRH energytrans’ written specifications or standards for constructing each transmission line were\ninadequate. Specifically, RH energytrans' General Conditions and Specifications for Pipeline-\nConstruction, undated (Construction Specification) failed to specify requirements for pressure test\nrecords as prescribed in § 192.517(a).\nSection 192.517(a), Records, states:\n(a) Each operator shall make, and retain for the useful life of the pipeline, a record of each\ntest performed under §§192.505 and 192.507. The record must contain at least the following\ninformation:\n(1) The operator's name, the name of the operator's employee responsible for making the\ntest, and the name of any test company used.\n(2) Test medium used.\n(3) Test pressure.\n(4) Test duration.\n(5) Pressure recording charts, or other record of pressure readings.\n(6) Elevation variations, whenever significant for the particular test.\n(7) Leaks and failures noted and their disposition.\nDuring an inspection of the Risberg Project in Kingsville, Ohio from April 30, 2019 to May 2,\n2019, a PHMSA Inspector reviewed the Hydrostatic Pressure Test Procedures. It was noted during\nthe review that no specific requirements for pressure test records as prescribed in § 192.517(a)\nwere contained in the Construction Specification. When asked about the missing requirements,\nRH energytrans personnel noted that the company did not have a procedure during the time of the\ninspection regarding the records requirement in § 192.517(a).\nThus, RH energytrans’ written specifications and standards required by § 192.303 were inadequate\nas it pertains to § 192.517(a).\n4. § 192.303 Compliance with specifications or standards.\nEach transmission line or main must be constructed in accordance\nwith comprehensive written specifications or standards that are\nconsistent with this part.\nRH energytrans’ written specifications and standards for constructing each transmission line were\ninadequate. Specifically, RH energytrans’ construction standards for coating inspection failed to\nadequately address the requirements of § 192.307 regarding pipe that was installed via horizontal\ndirectional drilling (HDD).\n120201022M_Notice of Amendment_06122020_text Page 3 of 5\n\n\n\nCPF 1-2020-1022M\nSection 192.307, Inspection of materials, states:\nEach length of pipe and each other component must be visually inspected at the\nsite of installation to ensure that it has not sustained any visually determinable\ndamage that could impair its serviceability.\nDuring an inspection of the Risberg Project in Kingsville, Ohio from August 7, 2019 to August 8,\n2019, a PHMSA inspector requested procedures for assessing and remediating coating that may\nhave been damaged as a result of installation via HDD. RH energytrans provided its Policy and\nProcedure Manual, Pipeline Operations, Northeast Division, Section: Pipeline, Sub Section:\nProtective Coating, Date Issued/Revised: 5/1/2019 and Document Number: 461-1 (Protective\nCoating Procedures). However, the Protective Coating Procedures did not address inspecting\npiping that was installed via HDD at the site of installation, including entry and exit pits in order\nto ensure that it did not sustain any visually determinable damage that could impair its\nserviceability as required by § 192.307.\nThus, RH energytrans’ written specifications and standards required by § 192.303 were inadequate\nas it pertains to § 192.307.\n5. § 192.303 Compliance with specifications or standards.\nEach transmission line or main must be constructed in accordance\nwith comprehensive written specifications or standards that are\nconsistent with this part.\nRH energytrans’ written specifications and standards for constructing each transmission line were\ninadequate. Specifically, RH energytrans’ construction standards for coating inspection failed to\nadequately address the requirements of § 192.461(e) regarding pipe that was installed via HDD.\nSection 192.461(e), External corrosion control: Protective coating, states:\nIf coated pipe is installed by boring, driving, or other similar method, precautions\nmust be taken to minimize damage to the coating during installation.\nDuring an inspection of the Risberg Project in Kingsville, Ohio from August 7, 2019 to August 8,\n2019, a PHMSA inspector requested procedures for minimizing damage to protective coatings\nduring pipe installation via HDD. RH energytrans provided its Protective Coating Procedures.\nThe Protective Coating Procedures did not address precautions and remediation requirements that\nmay be necessary to satisfy the requirements of § 192.461(e).\nThus, RH energytrans’ written specifications and standards required by § 192.303 were inadequate\nas it pertains to § 192.461(e).\n120201022M_Notice of Amendment_06122020_text Page 4 of 5\n\n\n\nCPF 1-2020-1022M\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 Enforcement\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.\nIt is requested (not mandated) that RH energytrans, LLC maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Robert Burrough, Director, PHMSA Eastern Region,\n840 Bear Tavern Road, Suite 300, West Trenton, NJ 08628. Please refer to CPF 1-2020-1022M\non each document you submit, and whenever possible provide a signed PDF copy in electronic\nformat. Smaller files may be emailed to robert.burrough@dot.gov. Larger files should be sent on\nUSB flash drive accompanied by the original paper copy to the Eastern Region Office.\nAdditionally, if you choose to respond to this (or any other case), please ensure that any response\nletter pertains solely to one CPF case number.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n120201022M_Notice of Amendment_06122020_text Page 5 of 5","truncated":false,"body_characters":14038}