{"operation":"document","citation":"CPF 12023035WL","title":"EQUITRANS MIDSTREAM CORPORATION — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-04-06","effective_on":null,"summary":"CLOSED warning letter citing 192.631(d)(4), 192.631(h).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023035wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023035wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023035wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023035WL","body":"Warning Letter involving EQUITRANS MIDSTREAM CORPORATION. PHMSA's enforcement data identifies the cited regulations as 192.631(d)(4),  192.631(h). The case was opened on 2023-04-06 and is reported as closed as of 2023-04-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023035WL_Operator Response to Notice_05042023_(21-199434).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023035WL/12023035WL_Operator%20Response%20to%20Notice_05042023_(21-199434).pdf\n\n12023035WL_Warning Letter_04062023_(21-199434).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023035WL/12023035WL_Warning%20Letter_04062023_(21-199434).pdf\n\n12023035WL_Warning Letter_04062023_(21-199434)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023035WL/12023035WL_Warning%20Letter_04062023_(21-199434)_text.pdf\n\n12023035WL_Warning Letter_04062023_(21-199434)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nApril 6, 2023\nMr. Gregg West\nVice President, Midstream Operations\nEquitrans Midstream Corporation\n2200 Energy Drive\nCanonsburg, Pennsylvania 15317\nCPF 1-2023-035-WL\nDear Mr. West:\nFrom December 6, 2021, through December 10, 2021, via video-conferenced inspection,\nrepresentatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant\nto Chapter 601 of 49 United States Code (U.S.C.) inspected Equitrans Midstream Corporation’s\n(Equitrans) procedures and records for control room management of its control room in\nCanonsburg, Pennsylvania.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 192.631 Control Room Management.\n(a) …\n(d) Fatigue Mitigation. Each operator must implement the following\nmethods to reduce risk associated with controller fatigue that could\ninhibit a controller’s ability to carry out the roles and responsibilities\nthe operator has defined:\n(1) …\n(4) Establish a maximum limit on controller hours-of-service which\nmay provide for an emergency deviation from the maximum limit if\nnecessary for the safe operation of a pipeline facility.\n\n\n\nEquitrans failed to implement and document a maximum limit on controller hours-of-service in\naccordance with § 192.631(d)(4).\nDuring the inspection, PHMSA requested records of the hours of service of qualified controllers.\nEquitrans stated that they have an on-call supervisor who can perform controller duties for after\nhours and on weekends, but there is no formal rotation schedule and supervisors move to the next\nshift. Subsequent to the inspection, Equitrans presented an annual pre-populated hours of service\nschedule for calendar year 2021 and 2022, including supervisors. However, no records were\npresented for 2019 and 2020 demonstrating the implementation of a maximum limit on hours-of-\nservice that accounts for all on-duty time for the on-call supervisora\n.\nTherefore, Equitrans failed to implement and document a maximum limit on controller hours-of-\nservice for calendar years 2019 and 2020, in accordance with § 192.631(d)(4).\n2. § 192.631 Control Room Management.\n(a) …\n(h) Training. Each operator must establish a controller training\nprogram and review the training program content to identify potential\nimprovements at least once each calendar year, but at intervals not to\nexceed 15 months. An operator's program must provide for training\neach controller to carry out the roles and responsibilities defined by the\noperator. In addition, the training program must include the following\nelements:\nEquitrans failed to conduct an annual review of the controller training program at least once each\ncalendar year, but at intervals not to exceed 15 months, in accordance with § 192.631(h).\nDuring the inspection, PHMSA requested records regarding an annual review of Equitrans’\ncontroller training program. Equitrans provided the Control Room Management Training Plan,\ndated 11/18/21 (CRM Training Plan). The CRM Training Plan included a log of revisions but\nfailed to include documentation demonstrating that an annual review of the training program\ncontent had been performed.\nTherefore, Equitrans failed to conduct an annual review of the controller training program during\ncalendar years 2020 and 2021 in accordance with § 192.631(h).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related\nseries of violations. For violation occurring on or after March 21, 2022, and before January 6,\n2023, the maximum penalty may not exceed $239,142 per violation per day the violation persists,\nup to a maximum of $2,391,142 for a related series of violations. For violation occurring on or\nafter May 3, 2021, and before March 21, 2022, the maximum penalty may not exceed $225,134\nper violation per day the violation persists, up to a maximum of $2,251,334 for a related series of\na See PHMSA's Control Room Management Frequently Asked Questions (FAQs), Revised 1/16/2018 -FAQ D.02\n\n\n\nP.P.\nviolations. For violation occurring on or after January 11, 2021, and before May 3, 2021, the\nmaximum penalty may not exceed $222,504 per violation per day the violation persists, up to a\nmaximum of $2,225,034 for a related series of violations. For violation occurring on or after July\n31, 2019, and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations. For violation occurring on or after November 27, 2018, and before July 31, 2019, the\nmaximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to\nexceed $2,132,679. For violation occurring on or after November 2, 2015, and before November\n27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nEquitrans Midstream Corporation being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2023-035-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":7213}