{"operation":"document","citation":"CPF 12021047NOA","title":"EQUITRANS MIDSTREAM CORPORATION — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-08-05","effective_on":null,"summary":"CLOSED notice of amendment citing 192.12(c), 192.12(d)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021047noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021047noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021047noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12021047NOA","body":"Notice of Amendment involving EQUITRANS MIDSTREAM CORPORATION. PHMSA's enforcement data identifies the cited regulations as 192.12(c),  192.12(d)(4). The case was opened on 2021-08-05 and is reported as closed as of 2021-12-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12021047NOA_Closure Letter_12162021_(20-172148).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021047NOA/12021047NOA_Closure%20Letter_12162021_(20-172148).pdf\n\n12021047NOA_Closure Letter_12162021_(20-172148)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021047NOA/12021047NOA_Closure%20Letter_12162021_(20-172148)_text.pdf\n\n12021047NOA_Notice of Amendment_08052021_(20-172148).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021047NOA/12021047NOA_Notice%20of%20Amendment_08052021_(20-172148).pdf\n\n12021047NOA_Notice of Amendment_08052021_(20-172148)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021047NOA/12021047NOA_Notice%20of%20Amendment_08052021_(20-172148)_text.pdf\n\n12021047NOA_Operator Response to Notice_08312021_(20-172148).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021047NOA/12021047NOA_Operator%20Response%20to%20Notice_08312021_(20-172148).pdf\n\n12021047NOA_Closure Letter_12162021_(20-172148)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nDecember 16, 2021\nMr. Gregg West\nVice President Midstream Operations\nEquitrans Midstream Corporation\n2200 Energy Drive\nCanonsburg, PA 15317\nCPF 1-2021-047-NOA\nDear Mr. West:\nFrom October 6 through October 9, 2020, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nEquitrans Midstream Corporation’s (EQT) procedures for operations, maintenance, and\nemergency response at Rhodes and Skin Creek underground natural gas storage fields in Lewis\nCounty, West Virginia. As a result of the inspection, EQT was issued a Notice of Amendment on\nAugust 5, 2021, which proposed amendment of your procedures.\nEQT submitted its response to the Notice of Amendment on August 31, 2021. My staff reviewed\nthe response, and it appears that the inadequacies outlined in this Notice of Amendment have been\naddressed.\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\n12021047NOA_Notice of Amendment_08052021_(20-172148)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nAugust 5, 2021\nMr. Gregg West\nVice President Midstream Operations\nEquitrans Midstream Corporation\n2200 Energy Drive\nCanonsburg, PA 15317\nCPF 1-2021-047-NOA\nDear Mr. West:\nFrom October 6 through October 9, 2020, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nEquitrans Midstream Corporation’s (EQT) procedures for operations, maintenance, and\nemergency response at Rhodes and Skin Creek underground natural gas storage fields in Lewis\nCounty, West Virginia.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies found within EQT’s\nplans or procedures, as described below:\n1. § 192.12 Underground natural gas storage facilities.\nUnderground natural gas storage facilities (UNGSFs), as defined\nin § 192.3, are not subject to any requirements of this part aside from\nthis section.\n(a) …\n(c) Procedural manuals. Each operator of a UNGSF must prepare\nand follow for each facility one or more manuals of written procedures\nfor conducting operations, maintenance, and emergency preparedness\nand response activities under paragraphs (a) and (b) of this section.\nEach operator must keep records necessary to administer such\nprocedures and review and update these manuals at intervals not\nexceeding 15 months, but at least once each calendar year. Each\n\n\n\nCPF 1-2021-047-NOA\noperator must keep the appropriate parts of these manuals accessible\nat locations where UNGSF work is being performed. Each operator\nmust have written procedures in place before commencing operations\nor beginning an activity not yet implemented.\nEQT’s written procedures for conducting operations, maintenance, and emergency preparedness\nand response activities under § 192.12(b) failed to address third-party emergencies as required by\nSection 10.6.1 of API RP 1171 (Section 10.6.1), and failed to define a review interval as required\nby Section 11.4.2 of API RP 1171 (Section 11.4.2), and were therefore inadequate. Specifically,\nEQT’s Standard 10.12, Emergency Plan, Revision Number 31, dated May 7, 2019 (Emergency\nPlan) did not address all required types of emergencies or define a review interval.\nSection 10.6.1 states in part: \"For site security and safety, the operator shall develop and implement\na structured emergency preparedness/response plan in order to address accidental releases,\nequipment failures, natural disasters, and third-party emergencies.\"\nSection 11.4.2 states: \"The operator shall establish a program to determine operator familiarity\nwith emergency plans and procedures and periodic testing of the effectiveness of the plan in\naccordance with 10.6.\"\nDuring the inspection, PHMSA reviewed EQT’s Emergency Plan. The applicability of the\nEmergency Plan to UNGSFs, noted on pages 7 and 8 of the plan, addressed 3 of the 4 required\ntypes of emergencies noted in API RP 1171, but did not address third-party emergencies. The\nEmergency Plan, Section 6.3 also addressed an effectiveness review after actual incidents, but did\nnot define a periodic effectiveness review interval.\nTherefore, EQT’s written procedures required by § 192.12(c) were inadequate. EQT must revise\nits Emergency Plan to address third-party emergencies in accordance with Section 10.6.1 and\ndefine a review interval in accordance with Section 11.4.2.\n2. § 192.12 Underground natural gas storage facilities.\nUnderground natural gas storage facilities (UNGSFs), as defined\nin § 192.3, are not subject to any requirements of this part aside from\nthis section.\n(a) …\n(c) Procedural manuals. Each operator of a UNGSF must prepare\nand follow for each facility one or more manuals of written procedures\nfor conducting operations, maintenance, and emergency preparedness\nand response activities under paragraphs (a) and (b) of this section.\nEach operator must keep records necessary to administer such\nprocedures and review and update these manuals at intervals not\nexceeding 15 months, but at least once each calendar year. Each\noperator must keep the appropriate parts of these manuals accessible\nat locations where UNGSF work is being performed. Each operator\nmust have written procedures in place before commencing operations\nor beginning an activity not yet implemented.\n12021047NOA_Notice of Amendment_08052021_(20-172148)_text Page 2 of 6\n\n\n\nCPF 1-2021-047-NOA\nEQT’s written procedures for conducting operations, maintenance, and emergency preparedness\nand response activities under § 192.12(b) failed to be company specific in accordance with Section\n10.6.3 of API RP 1171 (Section 10.6.3) and were therefore inadequate. Specifically, EQT’s\nStorage Well Emergency Response Plan (SWERP) dated September 30, 2010 was not company\nspecific to EQT storage facilities.\nSection 10.6.3 states in part: \"The operator shall have a blowout contingency plan in place. A\nblowout contingency plan is company specific and should identify the procedures, equipment, and\npersonnel needed to avoid or respond to a loss of well control situation.\"\nDuring the inspection, PHMSA reviewed EQT’s SWERP as it was identified as EQT’s active\nblowout contingency plan. EQT’s SWERP was originally prepared for EQT by a well control\nexpert consultant; however, the PHMSA inspection team noted that the SWERP was not specific\nto the EQT storage facilities being inspected. The body of the SWERP and its appendices did not\ncontain specific information relative to the Rhodes and Skin Creek storage facilities. The PHMSA\ninspection team further noted the revision log in the SWERP indicated that the plan was being\nrewritten as the EOP Draft Storage Well Emergency Plan and was in draft stage and was\nundergoing review.\nTherefore, EQT’s written procedures required by § 192.12(c) were inadequate as its blowout\ncontingency plan failed to meet the provisions of Section 10.6.3. EQT must update its blowout\ncontingency plan to meet the requirements set forth in API RP 1171 Section 10.6.3.\n3. § 192.12 Underground natural gas storage facilities.\nUnderground natural gas storage facilities (UNGSFs), as defined\nin § 192.3, are not subject to any requirements of this part aside from\nthis section.\n(a) …\n(c) Procedural manuals. Each operator of a UNGSF must prepare\nand follow for each facility one or more manuals of written procedures\nfor conducting operations, maintenance, and emergency preparedness\nand response activities under paragraphs (a) and (b) of this section.\nEach operator must keep records necessary to administer such\nprocedures and review and update these manuals at intervals not\nexceeding 15 months, but at least once each calendar year. Each\noperator must keep the appropriate parts of these manuals accessible\nat locations where UNGSF work is being performed. Each operator\nmust have written procedures in place before commencing operations\nor beginning an activity not yet implemented.\nEQT’s written procedures for conducting operations, maintenance, and emergency preparedness\nand response activities under § 192.12(b) failed to specify record retention intervals in accordance\nwith Section 11.13.3 of API RP 1171 (Section 11.13.3) and were therefore inadequate.\nSpecifically, EQT’s Integrity Management Program for Underground Gas Storage (SIMP)did not\nspecify a records retention interval for training records.\n12021047NOA_Notice of Amendment_08052021_(20-172148)_text Page 3 of 6\n\n\n\nCPF 1-2021-047-NOA\nSection 11.13.3 stated in part: \"The operator shall establish retention intervals for records that meet\nregulatory requirements; where no regulatory requirements exist, retention intervals should be\ndetermined by the operator.\"\nDuring the inspection, PHMSA reviewed EQT’s SIMP. Section 10 of the SIMP applied to asset-\nbased activities or tasks and noted a records retention requirement for the life of the facility.\nHowever, Section 8 of the SIMP addressed training requirements, but did not specify a records\nretention interval.\nTherefore, EQT’s written procedures required by § 192.12(c) were inadequate. EQT must revise\nits procedures to establish a record retention interval for training records in accordance with\nSection 11.13.3.\n4. § 192.12 Underground natural gas storage facilities.\nUnderground natural gas storage facilities (UNGSFs), as defined\nin § 192.3, are not subject to any requirements of this part aside from\nthis section.\n(a) …\n(c) Procedural manuals. Each operator of a UNGSF must prepare\nand follow for each facility one or more manuals of written procedures\nfor conducting operations, maintenance, and emergency preparedness\nand response activities under paragraphs (a) and (b) of this section.\nEach operator must keep records necessary to administer such\nprocedures and review and update these manuals at intervals not\nexceeding 15 months, but at least once each calendar year. Each\noperator must keep the appropriate parts of these manuals accessible\nat locations where UNGSF work is being performed. Each operator\nmust have written procedures in place before commencing operations\nor beginning an activity not yet implemented.\nEQT’s written procedures for conducting operations, maintenance, and emergency preparedness\nand response activities under § 192.12(b) failed to address training for storage operations and\napplicable staff for emergency response in accordance with Section 10.6.2 of API RP 1171\n(Section 10.6.2) and were therefore inadequate. Specifically, Section 8.5 of EQT’s SIMP failed to\naddress training for storage operations and applicable staff for the use of the emergency\npreparedness/response plan.\nSection 10.6.2 states in part: \"Storage operations and applicable staff shall receive training in the\nuse of the emergency preparedness/response plan. The training can include mock drills and\nparticipation in table-top exercises at regular intervals. The table-top exercises or mock drills can\ninclude civil emergency responders to enhance understanding and successful incident response.\"\nDuring the inspection, PHMSA reviewed the SIMP. Section 8.5 of the SIMP, covered training\nrequirements in general but did not address specific training for storage operations, including how\nthe company intended to conduct the training (e.g., using mock drills, table-top exercises, etc.),\nand applicable staff for emergency response.\n12021047NOA_Notice of Amendment_08052021_(20-172148)_text Page 4 of 6\n\n\n\nCPF 1-2021-047-NOA\nTherefore, EQT’s written procedures required by § 192.12(c) were inadequate. EQT must revise\nits SIMP to address training for emergency response in accordance with Section 10.6.2.\n5. § 192.12 Underground natural gas storage facilities.\nUnderground natural gas storage facilities (UNGSFs), as defined in\n§ 192.3, are not subject to any requirements of this part aside from this\nsection.\n(a) …\n(d) Integrity management program—\n(1) …\n(4) Integrity management procedures and recordkeeping. Each\nUNGSF operator must establish and follow written procedures to carry\nout its integrity management program under API RP 1171\n(incorporated by reference, see § 192.7), section 8 (\"Risk Management\nfor Gas Storage Operations\"), and this paragraph (d). The operator\nmust also maintain, for the useful life of the UNGSF, records that\ndemonstrate compliance with the requirements of this paragraph (d).\nThis includes records developed and used in support of any\nidentification, calculation, amendment, modification, justification,\ndeviation, and determination made, and any action taken to implement\nand evaluate any integrity management program element.\nEQT’s written procedures for carrying out its integrity management program under Section 8.7.2\nof API RP 1171 (Section 8.7.2) did not include adequate provisions for performing periodic\nreviews, and were therefore inadequate under § 192.12(d)(4). Specifically, Section 4.6 of EQT’s\nSIMP did not specify the frequency of periodic reviews.\nSection 8.7.2 states: \"The operator shall define a review frequency for the risk assessment and\nperform a review and update of the risk assessment in accordance with the defined frequency.\"\nDuring the inspection, PHMSA reviewed EQT’s SIMP.Section 4.6 of the SIMP, which provided\nfor a periodic review, but does not specify the frequency.\nTherefore, EQT’s written procedures required by § 192.12(d)(4) were inadequate. EQT must\nrevise its procedures to specific a frequency for review in accordance with Section 8.7.2.\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 Enforcement\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\n12021047NOA_Notice of Amendment_08052021_(20-172148)_text Page 5 of 6\n\n\n\nCPF 1-2021-047-NOA\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 Equitrans Midstream Corporation maintain documentation of\nthe safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Robert Burrough, Director,\nEastern Region, Pipeline and Hazardous Materials Safety Administration, 840 Bear Tavern Road,\nSuite 300, West Trenton, NJ 08628. In correspondence concerning this matter, please refer to CPF\n1-2021-047-NOA and, for each document you submit, please provide a copy in electronic format\nwhenever possible. Smaller files may be emailed to robert.burrough@dot.gov. Larger files should\nbe sent on USB flash drive accompanied by the original paper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n12021047NOA_Notice of Amendment_08052021_(20-172148)_text Page 6 of 6","truncated":false,"body_characters":17814}