{"operation":"document","citation":"CPF 12023029NOA","title":"EASTERN GAS TRANSMISSION AND STORAGE, INC. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-05-25","effective_on":null,"summary":"CLOSED notice of amendment citing 192.807.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023029noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023029noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023029noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023029NOA","body":"Notice of Amendment involving EASTERN GAS TRANSMISSION AND STORAGE, INC.. PHMSA's enforcement data identifies the cited regulation as 192.807. The case was opened on 2023-05-25 and is reported as closed as of 2023-07-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023029NOA_Closure Letter_07272023_(22-232998).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023029NOA/12023029NOA_Closure%20Letter_07272023_(22-232998).pdf\n\n12023029NOA_Closure Letter_07272023_(22-232998)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023029NOA/12023029NOA_Closure%20Letter_07272023_(22-232998)_text.pdf\n\n12023029NOA_Notice of Amendment_05252023_(22-232998).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023029NOA/12023029NOA_Notice%20of%20Amendment_05252023_(22-232998).pdf\n\n12023029NOA_Notice of Amendment_05252023_(22-232998)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023029NOA/12023029NOA_Notice%20of%20Amendment_05252023_(22-232998)_text.pdf\n\n12023029NOA_Operator Response to Notice_06262023_(22-232998).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023029NOA/12023029NOA_Operator%20Response%20to%20Notice_06262023_(22-232998).pdf\n\n12023029NOA_Closure Letter_07272023_(22-232998)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nJuly 27, 2023\nMr. Paul Ruppert\nPresident and Chief Executive Officer\nEastern Gas Transmission and Storage, Inc.\n6603 West Broad Street\nRichmond, Virginia 23200\nCPF 1-2023-029-NOA\nDear Mr. Ruppert:\nFrom November 1 – 3, 2022, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nEastern Gas Transmission and Storage, Inc.’s (EGT&S) procedures for Operator Qualifications in\nRenovo, Pennsylvania. As a result of the inspection, EGT&S was issued a Notice of Amendment\non May 25, 2023, which proposed amendment of your procedures.\nEGT&S submitted its amended procedures on June 26, 2023. 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,\nP.P.\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n12023029NOA_Notice of Amendment_05252023_(22-232998)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nMay 25, 2023\nMr. Paul Ruppert\nPresident and Chief Executive Officer\nEastern Gas Transmission and Storage, Inc.\n6603 West Broad Street\nRichmond, Virginia 23200\nCPF 1-2023-029-NOA\nDear Mr. Ruppert:\nFrom November 1 – 3, 2022, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected Eastern\nGas Transmission and Storage, Inc.’s (EGT&S) procedures for Operator Qualifications in Renovo,\nPennsylvania.\nAs a result of the inspection, PHMSA has identified the apparent inadequacy found within ETS plans\nor procedures. The item inspected and the inadequacy is described below:\n1. 49 C.F.R. § 192.807 Recordkeeping.\nEach operator shall maintain records that demonstrate compliance\nwith this subpart.\n(a) Qualification records shall include:\n(1) Identification of qualified individual(s);\n(2) Identification of the covered tasks the individual is qualified to\nperform;\n(3) Date(s) of current qualification; and\n(4) Qualification method(s).\n(b) Records supporting an individual's current qualification shall be\nmaintained while the individual is performing the covered task. Records\nof prior qualification and records of individuals no longer performing\ncovered tasks shall be retained for a period of five years.\nEGT&S’ operator qualification (OQ) procedures for complying with § 192.807 were inadequate.\nDuring the inspection, the PHMSA inspectors reviewed field maintenance records for monitoring\n\n\n\ncorrosion coupons pursuant to § 192.477.\n1 The coupon maintenance task involves two covered tasks\nas identified by EGT&S’ OQ program: 1) OQ ID: I09.0131: inserting or removing the corrosion\ncoupon; and 2) OQ ID: M05.0301: operating field valves. The 43 records provided were dated between\n1/2021 – 10/2022 for four separate corrosion coupon maintenance locations. All the records provided\nincluded the maintenance task date, location, and inspector’s name, etc. However, none of the\nindividuals identified on the records as “Inspector” were operator qualified for both covered tasks\nrequired to complete this task as identified by EGT&S. Additionally, discussions during the inspection\nconfirmed that a portion of the records identified employees as the task inspector. EGT&S submitted\ninformation which stated these employees do not work in the field and thus were inaccurate.\nEGT&S provided PHMSA with a post-inspection document based on their recent research of past field\ntimesheets and emails to attempt to identify the individuals who they believe performed the covered\ntasks. Several of the records stated that a vendor had performed the coupon installation/removal\ncovered task; however, EGT&S stated that the vendor information is not correct and post-inspection\ndocumentation disputed the record information.\nEach of the original (43) records reflected discrepancies with documenting who performed the required\ncovered tasks. PHMSA questioned if any of EGT&S’ procedures require the documentation as to who\nperformed the covered task on their compliance records. EGT&S stated they did not currently have\nthat as a requirement in their procedures.\nDocumentation of individuals who perform specific covered tasks is required to demonstrate\ncompliance with the OQ regulations as a whole, and particularly with § 192.805(b) and (d) such that it\ncan be ensured individuals performing covered tasks are actually qualified.\n2 Without a procedure to\nensure timely and clear documentation of who performed the covered task per location and date,\nalternative processes like backtracking by looking at timesheets, etc. leave substantial room for error\nand inconsistency, are not addressed by EGT&S’ OQ procedures, and are not compliant with Part 192.\n3\n1 § 192.477 Internal corrosion control: Monitoring.\nIf corrosive gas is being transported, coupons or other suitable means must be used to determine the effectiveness of\nthe steps taken to minimize internal corrosion. Each coupon or other means of monitoring internal corrosion must be\nchecked two times each calendar year, but with interval not exceeding 7 1/2 months.\n2 § 192.805 Each operator shall have and follow a written qualification program. The program shall include\nprovisions to:\n…\n(b) Ensure through evaluation that individuals performing covered tasks are qualified.\n…\n(d) Evaluate an individual if the operator has reason to believe that the individual's performance of a covered task\ncontributed to an incident as defined in Part 191;\n3 See, e.g., In the matter of Kinder Morgan CO2 Company, LLC, Decision on Petition for Reconsideration, CPF No.\n5-2021-002-NOA (Mar. 22, 2023), stating, “At their core, the primary purpose of the OQ regulations is to ensure that\nthe individual assigned by an operator to perform a covered task was fully trained and qualified to perform that task.\nIf a review of the covered tasks performed on a given day or at a given project location does not indicate which\nindividuals performed one or more of the covered tasks, it is not possible to determine if the individual was qualified\nto perform such task and not possible to determine whether compliance with the OQ regulations was achieved. Such\nan outcome would negate the core purpose and effect of the OQ regulations, which is to ensure it can be verified that\nindividuals performing pipeline repair tasks are qualified to perform those tasks” (emphasis added). Available online\nat:\nhttps://primis.phmsa.dot.gov/comm/reports/enforce/CaseDetail_cpf_52021002NOA html?nocache=2418#_TP_1_ta\nb_2.\n\n\n\nTherefore, EGT&S’ OQ written procedures are inadequate. EGT&S must amend its procedures for\nmaintaining records to ensure that each individual who performs a covered task under the OQ\nregulations is identifiable for the purpose of determining compliance with the OQ regulations.\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 part\nof 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 submit\nin response to this enforcement action is subject to being made publicly available. If you believe that\nany portion of your responsive material qualifies for confidential treatment under 5 U.S.C. § 552(b),\nalong with the complete original document you must provide a second copy of the document with the\nportions you believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised procedures,\nor a request for a hearing under §190.211. If you do not respond within 30 days of receipt of this\nNotice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes\nthe Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further\nnotice to you and to issue an Order Directing Amendment. If your plans or procedures are found\ninadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct\nthe inadequacies (49 C.F.R. § 190.206). If you are not contesting this Notice, we propose that you\nsubmit your amended procedures to my office within 30 days of receipt of this Notice. This period\nmay be extended by written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that EGT&S maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and\nsubmit the total to Robert Burrough, Director, Eastern Region, Pipeline and Hazardous Materials\nSafety Administration. In correspondence concerning this matter, please refer to CPF 1-2023-029-\nNOA and, for each document you submit, please provide a copy in electronic format whenever\npossible.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings","truncated":false,"body_characters":10813}