{"operation":"document","citation":"CPF 12023053NOPSO","title":"EQUITRANS MIDSTREAM CORPORATION — Safety Order","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":"2023-08-11","effective_on":null,"summary":"OPEN safety order.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023053nopso.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023053nopso.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023053nopso","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023053NOPSO","body":"Safety Order involving EQUITRANS MIDSTREAM CORPORATION. The dataset does not identify a cited regulation for this case. The case was opened on 2023-08-11 and is reported as open. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023053NOPSO_Consent Agreement and Order_10032023_(23-264189).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023053NOPSO/12023053NOPSO_Consent%20Agreement%20and%20Order_10032023_(23-264189).pdf\n\n12023053NOPSO_Consent Agreement and Order_10032023_(23-264189)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023053NOPSO/12023053NOPSO_Consent%20Agreement%20and%20Order_10032023_(23-264189)_text.pdf\n\n12023053NOPSO_Notice of Proposed Safety Order_08112023_(23-264189).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023053NOPSO/12023053NOPSO_Notice%20of%20Proposed%20Safety%20Order_08112023_(23-264189).pdf\n\n12023053NOPSO_Notice of Proposed Safety Order_08112023_(23-264189)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023053NOPSO/12023053NOPSO_Notice%20of%20Proposed%20Safety%20Order_08112023_(23-264189)_text.pdf\n\n12023053NOPSO_Consent Agreement and Order_10032023_(23-264189)_text.pdf\n\nOctober 3, 2023\nVIA ELECTRONIC MAIL TO: cbaker@equitransmidstream.com\nCliff Baker\nSenior Vice President\nCommercial Development & Operations\nEquitrans Midstream Corporation\n2200 Energy Drive,\nCanonsburg, Pennsylvania 15317\nCPF No. 1-2023-053-NOPSO\nDear Mr. Baker:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement\nbetween the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Equitrans\nMidstream Corporation, which was executed on October 3, 2023. Service of the Consent Order\nand Consent Agreement by electronic mail is effective upon the date of transmission and\nacknowledgement of receipt as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure: Order and Consent Agreement\ncc: Ms. Linda Daugherty, Deputy Associate Administrator for Field Operations, Office of\nPipeline Safety, PHMSA\nMr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA\nMr. Keith Coyle, Esq., Babst Calland, Outside Counsel for Equitrans Midstream\nCorporation, kcoyle@babstcalland.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nEquitrans Midstream Corporation, ) CPF No. 1-2023-053-NOPSO\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated August 11, 2023, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety, issued a Notice of Proposed Safety Order (Notice) to\nEquitrans Midstream Corporation (Respondent).\nIn accordance with 49 C.F.R. § 190.239, the Notice alleged that conditions exist at\nRespondent’s Mountain Valley Pipeline in West Virginia and Virginia, that pose an integrity risk\nto public safety, property, or the environment. The Notice also proposed that Respondent take\ncertain corrective measures to remedy the alleged conditions and ensure that the public, property,\nand the environment are protected from the potential risk.\nIn response to the Notice, Respondent requested an informal consultation, whereupon the parties\nengaged in good-faith settlement discussions that have resulted in the Consent Agreement\nattached to this Consent Order that settles all of the allegations in the Notice.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order. The Respondent is hereby ordered to comply with the terms of the Consent\nAgreement, effective immediately.\nPursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent Order may result in\nthe assessment of civil penalties as set forth in 49 U.S.C. § 60122 and 49 C.F.R. § 190.223, or in\nreferral to the Attorney General for appropriate relief in a district court of the United States.\nThe terms and conditions of this Consent Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nOctober 3, 2023\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nEquitrans Midstream Corporation, ) CPF No. 1-2023-053-NOPSO\n)\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nPursuant to Chapter 601 of title 49, United States Code, the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), initiated on-site inspections\nand investigation of Equitrans Midstream Corporation’s (Respondent) Mountain Valley Pipeline\n(MVP) in West Virginia and Virginia.1\nThe MVP encompasses the proposed and partially constructed 303-mile natural gas transmission\npipeline system in its entirety (Affected Facility). The Affected Facility, an interstate natural gas\npipeline (42-inch diameter, coated steel pipe) that has been under construction since 2018, is\nsubject to Federal pipeline safety laws and regulations, including the natural gas pipeline design\nand construction safety regulations in 49 C.F.R. Part 192.\nAs a result of the investigation, the Director, Eastern Region, OPS (Director), issued to\nRespondent, by letter dated August 11, 2023, a Notice of Proposed Safety Order (Notice). The\nNotice alleged that conditions exist on Respondent’s Affected Facility that pose a pipeline integrity\nrisk to public safety, property, or the environment. The Notice also proposed that Respondent take\ncertain corrective measures to remedy the alleged conditions and ensure that the public, property,\nand the environment are protected from the alleged integrity risk.\nOn August 12, 2023, Respondent responded to the Notice by timely submitting a request for an\ninformal consultation under 49 C.F.R. § 190.239(b)(2). PHMSA and Respondent (the Parties)\nheld informal consultation meetings beginning on August 14, 2023.\nAs a result of the informal consultation, the Parties agree that settlement of this proceeding by\nentry into this Consent Agreement (Agreement) is the most appropriate means of resolving the\nissues raised in the Notice, will avoid further administrative proceedings or litigation, and is in the\n1 The MVP is owned by Mountain Valley Pipeline, LLC, Series A (Mountain Valley), a joint venture of several\nentities. An affiliate of Equitrans Midstream Corporation (OPID 31604) serves as the operator of MVP.\n\n\n\npublic interest. Therefore, pursuant to 49 C.F.R. § 190.239(b)(2), without adjudication of any\nissue of law or fact, and upon consent and agreement, the Parties agree to the following terms and\nconditions.\nI. General Provisions\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the\nFederal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative\norders issued thereunder. For purposes of this Agreement, Respondent acknowledges that it\nreceived proper notice of PHMSA’s action in this proceeding and that the Notice states claims\nupon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq., and the regulations and\norders issued thereunder.\n2. Respondent does not admit or deny any of the allegations in the Notice but agrees,\nfor purposes of this Agreement, to complete the actions specified in Section II of this Agreement\n(Corrective Measures) and to abide by the terms of this Agreement.\n3. After Respondent returns this signed Agreement to PHMSA, the Agency’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety, recommending that\nthe Associate Administrator adopt the terms of this Agreement by issuing an administrative order\n(Consent Order) incorporating the terms of this Agreement. The terms of this Agreement constitute\nan offer of settlement until accepted by the Associate Administrator. Once accepted, the Associate\nAdministrator will issue a Consent Order incorporating the terms of this Agreement.\n4. Respondent consents to the issuance of the Consent Order, and hereby waives any\nfurther procedural requirements with respect to its issuance. Respondent waives all rights to\ncontest the adequacy of notice, or the validity of the Consent Order or this Agreement, including\nall rights to administrative or judicial hearings or appeals, except as set forth in the Dispute\nResolution provisions set forth herein.\n5. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons\notherwise bound by law. Respondent agrees to provide a copy of this Agreement and any\nincorporated work plans and schedules to all of Respondent’s officers, employees, and agents\nwhose duties might reasonably include compliance with this Agreement.\n6. For all transfers of ownership or operating responsibility of Respondent’s pipeline\nsystem referenced herein, Respondent will provide a copy of this Agreement to the prospective\ntransferee at least 30 days prior to such transfer. Respondent will provide written notice of the\ntransfer to the Director no later than 60 days after the transfer occurs.\n7. This Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement. The\nParties acknowledge that there are no representations, agreements or understandings relating to\nsettlement other than those expressly contained in this Agreement.\n\n\n\n8. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101, et\nseq., and the regulations and orders issued thereunder. Nothing in this Agreement alters PHMSA's\nright of access, entry, inspection, and information gathering or PHMSA's authority to bring\nenforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n9. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems, including the provisions in the\nFiscal Responsibility Act of 2023, Pub. L. No. 118-5, § 324. This Agreement is not a permit, or a\nmodification of any permit, under any Federal, State, or local laws or regulations. Respondent\nremains responsible for achieving and maintaining compliance with all applicable Federal, State,\nand local laws, regulations and permits.\n10. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n11. This Agreement does not constitute a finding of violation of any Federal law or\nregulation and may not be used in any civil or administrative proceeding of any kind as evidence or\nproof of any fact, fault, or liability, or as evidence of the violation of any law, rule, regulation, or\nrequirement, except in a proceeding to enforce the provisions of this Agreement.\nII. Corrective Measures:\n12. Measures set forth below.\nUpon issuance of the Consent Order, Respondent agrees to perform the Corrective\n13. Definitions.\n(A) “Director” means the Director, Eastern Region, OPS;\n(B) “Effective Date” means the date on which the Consent Order is issued by\nthe Associate Administrator, PHMSA, incorporating the terms of this Agreement;\nand,\n(C) “Affected Facility” means the approximately 303-mile MVP pipeline\ntraversing the states of West Virginia and Virginia, commencing at mile post (MP)\n0.0 in Wetzel County, West Virginia, and ending at MP 303.0 in Pittsylvania County,\nVirginia, and includes all associated compressor stations and facilities.\n(D) “Uninstalled Pipe” means pipe that:\n\n\n\n(i) is stored on the pipeline right-of-way on or after the Effective Date (including in\nthe Bradley, West Virginia Yard, or at any other location outdoors) and which must\nbe installed to complete the construction of the Affected Facility; and\n(ii) may have been installed on or after July 1, 2023, for which a deficiency must be\ncorrected under Corrective Measure 17(B)(ii).\n(E) “KTA” means KTA-Tator, Inc., an independent third-party with expertise\nand experience in assessing the coating type being utilized on the Affected Facility.\n14. Reports/Results. Within 15 days of completing the actions specifically referenced\nin Corrective Measures 16(A), 17(A), 18(A), 19(A), and by the alternate reporting deadlines\nspecified for Corrective Measure 19(B)-(C), Respondent must provide the written report\ndescribing the results of that action to the Director.\n15. Remedial Work Plan. Within 30 days of completing the actions specifically\nreferenced in Corrective Measures 16(B)(i), 17(A)-(C), and 18(B)(i), and 19(A)-(D), Respondent\nmust develop and submit a written remedial work plan (Work Plan or RWP) to the Director that\nincludes any necessary corrective measures. The Plan must include provisions to:\n(A) Remediate any identified safety conditions, including the specific remedial\nactions described in Corrective Measures 16(B)(ii), 17(A)-(C), 18(B)(ii), and 19\nbelow, and identify the location and type of any necessary remediation activities;\n(B) Include a proposed timeline for completion of the corrective measures;\n(C) Revise the Plan as necessary to incorporate new information obtained\nduring the evaluations and associated remedial activities. Respondent must submit\nany such revisions to the Director for prior approval;\n(D) Allow the Director to approve Plan elements incrementally. Once approved,\nthe Plan shall become incorporated into the Consent Order; and\n(E) Implement the Plan as it is approved by the Director, including any revisions\nto the Plan. Results of actions taken in accordance with the approved Plan must be\navailable for review by PHMSA or its representative.\n16. ACVG/DCVG Surveys.\n(A) Prior to commissioning the Affected Facility, Respondent must:\n(i) Conduct alternating current voltage gradient (ACVG), direct current\nvoltage gradient (DCVG), or other comparable inspection, testing, or surveys capable\nof locating and assessing pipeline coating conditions indicative of potential corrosion\n\n\n\nthreats or anomalies, on all installed pipe segments, except for those installed and\ntested after January 1, 2023;\n(ii) A minimum of two (2) coating survey assessment classifications for survey\ncalibration must be excavated, classified, and/or remediated per each survey crew per\neach time a survey is performed for each External Corrosion Direct assessment\n(ECDA) region. ECDA regions are to be identified in accordance with NACE\nInternational Standard Practice 0502-2010, “Pipeline External Corrosion Direct\nAssessment Methodology,” (NACE SP 0502-2010) Section 3.5 Identification of\nECDA Regions. and,\n(iii) Conduct excavations for each survey as provided in NACE SP 0502-2010,\nSection 5.3 Guidelines for Determining the Required Number of Direct\nExaminations.\n(iv) A variance from the requirements of NACE SP 0502-2010 Sections 3.5 and\n5.3, as applicable under 16(A)(ii)-(iii), may be obtained if Respondent submits a\nrequest with an adequate explanation and supporting plan in advance to the Director\nfor approval.\n(B) After completing the ACVG, DCVG, or other comparable inspection,\ntesting, or surveys required under Corrective Measure 16(A), Respondent must:\n(i) and\nProvide a written report to the Director pursuant to Corrective Measure 14;\n(ii) Submit an RWP to the Director pursuant to Corrective Measure 15 for\nremediating any damaged coating indications found during the assessments that are\nclassified as severe indications with voltage (IR) drop greater than 60 percent for\nDCVG or 70 dBµV for ACVG, as provided in 49 C.F.R. § 192.461(h), or severe\nbased on NACE SP 0502-2010.\n(C) Respondent’s plan for conducting the DCVG surveys required under this\nCorrective Measure is described in Appendix I to this agreement.\n17. Coating.\n(A) Respondent shall:\n(i) Provide to the Director KTA’s evaluation of the procedures that Respondent\nis using to assess and remediate any potential damage to the coating for the\nUninstalled Pipe, including by performing adhesion tests to evaluate coating\nperformance;\n(ii) Adopt any changes to the procedures that KTA determines are necessary to\nensure the safe installation of Uninstalled Pipe; and\n\n\n\n(iii) Provide a written report to the Director pursuant to Corrective Measure 14\ndescribing the results of KTA’s evaluation and any changes adopted to the\nprocedures under Corrective Measure 15.\n(iv) The Director has received the evaluation, written report, and procedures\nrequired under Corrective Measure 17(A)(i)-(iii) and approved the procedures that\nRespondent is using to assess and remediate any potential damage to the coating\nfor the Uninstalled Pipe.\n(B) After submitting the written report to the Director required under Corrective\nMeasure 17(A), Respondent shall:\n(i) Require KTA to audit the implementation of the procedures for assessing\nand remediating any potential damage to the coating for the Uninstalled Pipe at all\nMVP spreads;\n(ii) Take any actions that KTA, or the Director after consulting with KTA as\nthe independent third-party, determines are necessary to correct any deficiency in\nimplementing those procedures for any Uninstalled Pipe under the RWP; and\n(iii) hours.\nNotify the Director of any such deficiency and corrective actions within 24\n(iv) The Director has received and approved Respondent’s plan for auditing the\nimplementation of the procedures for assessing and remediating any potential\ndamage to the coating for the Uninstalled Pipe at all MVP spreads.\n(C) If KTA determines in conducting the audit that a change to the coating\nassessment and remediation procedures is necessary to ensure the safe installation\nof Uninstalled Pipe, Respondent shall immediately adopt the change and include it\nin the RWP and notify the Director.\n(D) If KTA is unable for any reason to perform the requirements in Corrective\nMeasures 17(A)-(C), Respondent shall:\n(i) Immediately notify the Director; and\n(ii) Within 15 days of notification of the Director, submit an RWP pursuant to\nCorrective Measure 15 for approval of another independent third-party with\nexpertise and experience in assessing the coating type being utilized on the Affected\nFacility. Coating assessment and remediation activities must cease upon KTA’s\nend of performance and until another third party approved by the Director begins\ncoating audit activities.\n\n\n\n(E) Respondent is authorized to continue assessing and remediating any\npotential damage to the coating for the Uninstalled Pipe while completing the\nconstruction of the Affected Facility, subject to applicable provisions in this\nAgreement.\n18. Cathodic Protection CIS Surveys.\n(A) Within six months after commissioning, Respondent must assess the\neffectiveness of the Affected Facility’s permanent CP system via a close interval\nsurvey (CIS) to ensure MVP’s CP systems, including AC mitigation or\ninterferences measures, are operating as designed per National Association of\nCorrosion Engineers (NACE) specified standards. The CIS must be conducted at a\nmaximum 5-foot spacing and with interrupted on/off current to meet the\nrequirements in §§ 192.463 and 192.465.\n(B) After conducting the CIS, Respondent must:\n(i) and\nProvide a written report to the Director pursuant to Corrective Measure 14;\n(ii) Submit an RWP to the Director pursuant to Corrective Measure 15 for\nremediating any identified locations as necessary in accordance with 49 C.F.R. Part\n192, Subpart I.\n19. ILI/Tool Runs.\n(A) Prior to commissioning of the Affected Facility, Respondent must run a\nlow-resolution caliper tool capable of detecting dents and ovalities and remediate\nany identified imperfection or damage in accordance with the requirements of 49\nC.F.R. § 192.309. Respondent must provide a report to the Director pursuant to\nCorrective Measure 14 within 15 days of completing the low-resolution caliper tool\nrun. If any segments of pipe are determined to have imperfection or damage that\nrequires remediation, Respondent must submit an RWP to the Director pursuant to\nCorrective Measure 15 for remediating those segments.\n(B) Within 90 days of commencing commercial natural gas transportation\nservice on the Affected Facility, Respondent must run a high-resolution inline\ninspection (ILI) tool consisting of a magnetic flux leakage (MFL) tool with\nincorporated inertial measurement unit (IMU) and high-resolution\ncaliper/deformation capabilities. After completing the tool run, Respondent must\nanalyze all areas on the Affected Facility to identify locations susceptible to\nexcessive external stresses, including, but not limited, to all sag locations and tie-\nin welds, and for any corrosion-related or other integrity-related conditions that\nrequire remediation under the applicable provisions in Subpart M or Subpart O of\n\n\n\nPart 192.2 The tools required under this Corrective Measure 19(B) must have the\nrequired sensitivity of measurements, and the highest resolution presently available\nfor sensor spacing and sampling rate, and capability of multiple readings per sensor\non the mechanical arm/sensor carrier (e.g., capable of additional readings such as\n“stand-off” at the sensor carrier), with a required sensitivity of measurements that\nenables repeatability in characterization and prioritization based upon anomaly\nsize. Respondent must provide preliminary and final analysis reports to the\nDirector pursuant to Corrective Measure 14 within 90 and 180 days of completing\nthe tool run. An analysis of areas potentially susceptible to excessive external\nstresses on the Affected Facility must commence immediately following the\nEffective Date.\n(C) Within one year of completing the tool run required under Corrective\nMeasure 19(B), Respondent must run another tool with IMU capabilities. After\ncompleting the tool run, Respondent must analyze areas on the Affected Facility\nsusceptible to excessive external stresses, including, but not limited, to all sag\nlocations and tie-in welds. Respondent must provide preliminary and final analysis\nreports to the Director pursuant to Corrective Measure 14 within 90 and 180 days\nof completing the tool run.\n(D) Respondent must perform a comparative strain analysis utilizing the tool\nrun data attained in Corrective Measures 19(B)-(C) to more accurately identify\npotential areas of strain that may warrant further investigation. If any segments of\npipe are determined to be subject to excessive external stress, Respondent must\nsubmit an RWP to the Director pursuant to Corrective Measure 15 for remediating\nthose segments. Respondent must consult with appropriate subject matter experts\nand determine appropriate acceptable action levels for geohazards and other\nconditions. In the absence of an acceptable action level determination as agreed\nupon with the Director, the default values of two (2) percent strain for pipe and 0.5\npercent strain for girth welds will be utilized. After appropriate determination of\nthe action levels, Respondent shall remediate any identified locations above the\nspecified thresholds as required by the applicable provisions in Subpart M or\nSubpart O of Part 192. Any other conditions discovered during the tool runs\nperformed under Corrective Measures 19(A)-(C) that are actionable under Part 192\nmust be remediated as contemplated by the applicable code sections and included\nin the RWP submitted to the Director pursuant to Corrective Measure 15.\n2 The requirements specified in the text of Subpart M or Subpart O of Part 192 on the Effective Date apply under the\nterms of this paragraph 19, regardless of whether their general applicability to the pipeline industry is presently\neffective (e.g., PHMSA’s enforcement discretion until February 2024 as to certain Part 192 requirements does not\napply under this paragraph 19 requirement to the MVP. See, e.g., LIMITED ENFORCEMENT DISCRETION FOR EXISTING\nONSHORE GAS TRANSMISSION PIPELINES REGARDING COMPLIANCE WITH THE RECENTLY ISSUED GAS TRANSMISSION\nFINAL RULE (87 FR 52224 (AUG. 24, 2022)); available online at:\nhttps://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2022-\n12/PHMSA%20Onshore%20Gas%20Transmission%20Notice%20of%20Limited%20Enforcement%20Discretion.p\ndf.\n\n\n\n(E) Respondent may submit a request pursuant to Corrective Measure 23 to\nextend the deadlines for completing the tool runs required under Corrective\nMeasures 19(A)-(C) for good cause, including tool availability concerns.\n20. Additional Measures. After receiving and analyzing additional data during this\nproceeding and implementation of the Corrective Measures described above, the Director may\nidentify other safety measures that need to be taken on the Affected Facility. In that event, the\nDirector will notify the Respondent of any proposed additional measures and, if necessary, may\nseek to modify this Agreement pursuant to Paragraph 29.\n21. Quarterly Reports. Respondent must submit quarterly reports to the Director\nthat: (1) include available data and results of the testing and evaluations required by the\nAgreement; and (2) describe the progress of the repairs and other remedial actions being\nundertaken. The first quarterly report shall be due 90 days from the Effective Date.\n22. Final Summary Report. A final summary report of work performed on the above\nitems must be submitted to the Director within 30 days of the completion of the last action\nperformed by Respondent that is set forth in this Agreement.\n23. Extensions of Time. The Director may grant an extension of time for compliance\nwith any of the terms of the Agreement upon a written request, timely submitted, demonstrating\ngood cause for an extension. The Director shall respond in writing to any such request.\n24. Documentation of Costs. It is requested that Respondent maintain documentation\nof the safety improvement costs associated with fulfilling this Agreement and submit the total to\nthe Director. It is requested that these costs be reported in two categories: 1) total cost associated\nwith preparation/revision of plans, procedures, studies, and analyses; and 2) total cost associated\nwith replacements, additions, and other changes to pipeline infrastructure.\nIII. Review and Approval Process:\n25. With respect to any submission under Section II (Corrective Measures) of this\nAgreement that requires the approval of the Director, the Director may: (a) approve, in whole or\nin part, the submission; (b) approve the submission on specified, reasonable conditions; (c)\ndisapprove, in whole or in part, the submission; or (d) any combination of the foregoing. If the\nDirector approves, approves in part, or approves with conditions, Respondent will take all actions\nas approved by the Director, subject to Respondent’s right to invoke the dispute resolution\nprocedures with respect to any conditions the Director identifies. If the Director disapproves all\nor any portion of the submission, the Director will provide Respondent a written notice of the\ndeficiencies, subject to Respondent’s right to invoke the dispute resolution procedures.\nRespondent will correct all deficiencies within the time specified by the Director and resubmit it\nfor approval.\nIV. Dispute Resolution:\n\n\n\n26. The Director and Respondent will informally attempt to resolve any disputes arising\nunder this Agreement, including any decision of the Director under the terms of Section II\n(Corrective Measures). If Respondent and the Director are unable to informally resolve the dispute\nwithin 15 calendar days after the dispute is first raised, in writing, to the Director, Respondent may\nsubmit a written request for a determination resolving the dispute from the Associate Administrator\nfor Pipeline Safety, PHMSA. Such request must be made in writing and provided to the Director,\ncounsel for Eastern Region, and to the Associate Administrator for Pipeline Safety, no later than\n10 calendar days from the 15-day deadline for informal resolution referenced in this paragraph.\nAlong with its request, Respondent must provide the Associate Administrator with all information\nRespondent believes is relevant to the dispute. Decisions of the Associate Administrator under\nthis paragraph will constitute final agency action subject to judicial review pursuant to 49 U.S.C.\n§ 60119. The existence of a dispute and PHMSA’s consideration of matters placed in dispute will\nnot excuse, toll, or suspend any term or timeframe for completion of any work to be performed\nunder this Agreement during the pendency of the dispute resolution process.\nV. Enforcement:\n27. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties\nunder 49 U.S.C. § 60122, of up to $257,664 per violation for each day the violation continues and\nreferral of the case to the Attorney General for judicial enforcement, if PHMSA determines that\nRespondent is not complying with the terms of this Agreement in accordance with the\ndeterminations made by the Director, or in accordance with decisions of the Associate\nAdministrator if resolved pursuant to the Dispute Resolution process herein. The maximum civil\npenalty amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223. All work plans and\nassociated schedules set forth or referenced in Section II are automatically incorporated into this\nAgreement and are enforceable in the same manner.\nVI. Recordkeeping and Information Disclosure:\n28. Unless otherwise required in this Agreement, Respondent agrees to maintain\nrecords demonstrating compliance with all requirements of this Agreement for a period of at least\nfive (5) years following completion of all work to be performed. For any reports, plans, or other\ndeliverables required to be submitted to PHMSA pursuant to this Agreement, Respondent may\nassert a claim of business confidentiality or other protections applicable to the release of\ninformation by PHMSA, covering part or all of the information required to be submitted to\nPHMSA pursuant to this Agreement in accordance with 49 C.F.R. Part 7. Respondent must mark\nthe claim of confidentiality in writing on each page and include a statement specifying the grounds\nfor each claim of confidentially. PHMSA determines release of any information submitted\npursuant to this Agreement in accordance with 49 C.F.R. Part 7, the Freedom of Information Act,\n5 U.S.C. § 552, DOT and PHMSA policies, and other applicable regulations and Executive Orders.\nVII. Modification:\n29. The terms of this Agreement may be modified by mutual agreement of the Parties.\nSuch modifications must be in writing and signed by both parties.\n\n\n\nVIII. Termination:\n30. This Agreement will remain in effect until the Corrective Measures in Section II\nare satisfied, as determined by the Director. The Agreement shall not terminate until the Director\nconfirms, in writing, that the Agreement is terminated in accordance with this paragraph. Nothing\nin this Agreement prevents Respondent from completing any of the obligations earlier than the\ndeadlines provided for in this Agreement.\nIX. Ratification:\n31. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\n32. The Parties hereby agree to all findings, conditions, and terms of this Agreement.\n[Signature Lines on Following Page]\n\n\n\nFor Equitrans Midstream Corporation:\n___________________________________\n________________________\nDate\nFor PHMSA:\n________________________________________\nDirector, Eastern Region, Office of Pipeline Safety\n________________________\nDate\n\n\n\nAPPENDIX I:\nDCVG PLAN\nCondition 16 of the Agreement requires Respondent to conduct alternating current voltage gradient\n(ACVG), direct current voltage gradient (DCVG), or other comparable inspection, testing, or\nsurveys capable of locating and assessing pipeline coating conditions indicative of potential\ncorrosion threats or anomalies, on certain pipeline segments prior to commissioning. Respondent\nhas developed a plan for conducting the surveys required by Condition 16, and that plan will\nrequire Respondent to conduct a minimum of 14 DCVG surveys of varying lengths. Respondent\nconsidered the following technical, logistical, and personnel safety considerations in selecting the\nDCVG survey segments:\n• Survey segments of adequate length to provide meaningful data that can be analyzed\nquickly to determine where excavations for further investigations are required.\n• Survey segments that predominantly coincide with the existing construction Spread\nbreaks. These Spread breaks also coincide with changes in the topography and similar\ngeologic conditions.\n• Survey segment breaks where large installation gaps existed prior to 2023 construction\nactivities or at test segment break points. These break points ensure that additional welding\nwill not interfere with the testing or results conducted in those segments.\n• Survey segments based on the availability of permanent cathodic protection groundbeds to\nuse as the anode source during testing.\n• Survey sections based on the schedule for completing continuous pipe sections to minimize\nthe number of excavations that need to occur during winter months.\nRespondent may divide the 14 survey segments described in Table 1 below into smaller sections\nto facilitate coordination with other ongoing construction activities. If that occurs, Respondent\nwill still conduct the minimum number of excavations required under Condition 16 of the Consent\nAgreement.\nTable 1: Description of DCVG Survey Segments\nSurvey\nSegment\n#\nStart\n(MP)\nEnd\n(MP)\nSegment\nLength\n(miles)\nPre-\n2023\nPipe\n(miles)\nStart of\nSurvey\nEnd of Survey\n1 0 33.02 33.02 32.38 Start of Line End of Test\nSection A4\n2 33.02 76.19 43.17 41.79 Start of Test\nSection B1\nEnd of Test\nSection B3\n3 76.19 98.55 22.58 20.26 Start of Test\nSection C1\nEnd of Test\nSection C6\n4 98.62 118.28 19.66 17.65 Start of Test\nSection D1\n5 119.01 154.43 35.42 32.71 Gauley River\nCrossing Area\nStallworth CS\n6 154.45 167.33 12.88 12.56 GAS Gauley\nRiver\nCrossing Area\nStallworth CS End of Test\nSection F1\n\n\n\n7\n8\n9\n10\n11\n12\n13\n14\n167.33 195.09 27.76 24.6 Start of Test\nSection F2\n201.65 219.55 17.9 14.5 Main Line\nValve 24\n221.5 234.02 12.52 10.01 Start of Test\nSection G2\n234.38 241.41 7.03 2.18 245.9 253.95 8.05 6.67 GAS I-81\nCrossing\nGAS Bent\nMtn Area\n253.95 270.9 16.95 13.62 Start of Test\nSection I1\n270.9 289.59 18.69 15.6 Start of Test\nSection I4\n289.59 303.36 14.61 11.25 Start of Test\nSection I5\nEnd of Test\nSection F7\nEnd of Test\nSection G1\nCIS I-81 Crossing\nCIS Bent Mtn Area\nEnd of Test\nSection H6\nEnd of Test\nSection I3\nEnd of Test\nSection I4\nEnd of Line\n\n12023053NOPSO_Notice of Proposed Safety Order_08112023_(23-264189)_text.pdf\n\nVIA ELECTRONIC MAIL TO: cbaker@equitransmidstream.com\nAugust 11, 2023\nCliff Baker\nSenior Vice President\nCommercial Development & Operations\nEquitrans Midstream Corporation\n2200 Energy Drive,\nCanonsburg, PA 15317\nCPF No. 1-2023-053-NOPSO\nDear Mr. Baker:\nEnclosed is a Notice of Proposed Safety Order (Notice) issued in the above-referenced case. The\nNotice proposes that you take certain measures with respect to your Mountain Valley Pipeline to\nensure pipeline safety. Your options for responding are set forth in the Notice. Your receipt of the\nNotice constitutes service of that document under 49 C.F.R. § 190.5.\nWe look forward to a successful resolution to ensure pipeline safety. Please direct any questions on\nthis matter to me at 609-771-7809.\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Notice of Proposed Safety Order\n49 C.F.R. § 190.239\nCc: Linda Daugherty, Deputy Associate Administrator for Field Operations, Office of Pipeline\nSafety <linda.daugherty@dot.gov>\nKeith Coyle, Esq. Babst Calland <kcoyle@babstcalland.com>\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nEASTERN REGION\nWEST TRENTON, NJ 08628\n____________________________________\n)\nIn the Matter of )\n)\nEquitrans Midstream Corporation, ) CPF No. 1-2023-053-NOPSO\n)\nRespondent )\n____________________________________)\nNOTICE OF PROPOSED SAFETY ORDER\nBackground and Purpose\nThis Notice of Proposed Safety Order (NOPSO or Notice) is being issued by the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), under the\nauthority of 49 U.S.C. § 60117. Pursuant to § 60117, PHMSA has initiated an investigation and\non-site inspections of the safety of Equitrans Midstream Corporation’s (ETRN) Mountain Valley\nPipeline, LLC in West Virginia and Virginia.\nPHMSA’s ongoing investigation indicates that conditions may exist on ETRN’s Mountain Valley\nPipeline (MVP) facilities that pose a pipeline integrity risk to public safety, property, or the\nenvironment. The conditions potentially exist on the MVP system and may present immediate risk\nif the pipeline is commissioned without remediation.\n1 Pursuant to 49 U.S.C. § 60117(m), PHMSA\nis issuing this Notice to notify you of the preliminary findings of the investigation and propose you\ntake measures to ensure that the public, property, and the environment are protected from the\npotential risks.\nPreliminary Findings\nA. General Preliminary Findings\n• The MVP construction project encompasses the proposed and partially constructed MVP\ninterstate natural gas transmission system in its entirety, which will be comprised of\napproximately 303 miles of 42-inch diameter coated steel pipe (Affected Facility). The\nAffected Facility traverses the states of West Virginia and Virginia, commencing at mile\n1 See, e.g., In the Matter of Occidental Chemical Corporation, PHMSA CPF No. 4-2011-5009S (June 28, 2011);\navailable online at:\nhttps://primis.phmsa.dot.gov/comm/reports/enforce/documents/420115009S/420115009S NOPSO 06282011.pdf.\n\n\n\npost (MP) 0.0 in Wetzel County, West Virginia, and ending at MP 303.0 in Pittsylvania\nCounty, Virginia, at the Transcontinental Gas Pipeline Company’s (Transco) compressor\nstation (CS) 165. The Affected Facility also incorporates construction of three new\ngreenfield compressor stations located in Wetzel, Braxton, and Greenbrier Counties in\nWest Virginia. The MVP mainline will be constructed mainly of 42-inch diameter, ranging\nfrom 0.500 to 0.888-inch thickness, X70M, Type SAWL pipe. The pipe was manufactured\nby Welspun Corporation, Limited.\n• The Affected Facility is an interstate natural gas pipeline that has been under construction\nsince 2018. The Affected Facility is mostly completed, except for a few miles of pipeline\nyet to be installed in the Jefferson National Forest in Virginia and numerous water and\nother crossings.\n• The Affected Facility is subject to Federal pipeline safety laws and r","truncated":true,"body_characters":75519}