{"operation":"document","citation":"CPF 320176005M","title":"USG WHEATLAND PIPELINE, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-07-27","effective_on":null,"summary":"CLOSED notice of amendment citing 195.234(e), 195.234(f), 195.234(g), 195.402(e)(1), 195.440(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176005m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176005m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176005m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320176005M","body":"Notice of Amendment involving USG WHEATLAND PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 195.234(e),  195.234(f),  195.234(g),  195.402(e)(1),  195.440(c). The case was opened on 2017-07-27 and is reported as closed as of 2018-06-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320176005M_Closure Letter_06262018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176005M/320176005M_Closure%20Letter_06262018.pdf\n\n320176005M_Closure Letter_06262018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176005M/320176005M_Closure%20Letter_06262018_text.pdf\n\n320176005M_Notice of Amendment_07272017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176005M/320176005M_Notice%20of%20Amendment_07272017.pdf\n\n320176005M_Notice of Amendment_07272017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176005M/320176005M_Notice%20of%20Amendment_07272017_text.pdf\n\n320176005M_Operator Response to Notice_08172017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176005M/320176005M_Operator%20Response%20to%20Notice_08172017.pdf\n\n320176005M_Closure Letter_06262018_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 26, 2018\nMr. Larry Wall\nCOO Gas Infrastructure\nUSG Wheatland Pipeline, LLC\n601 Travis Street\nHouston, TX 77002\nCPF 3-2017-6005M\nDear Mr. Wall:\nOn May 10-12, 2016, 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 USG Wheatland Pipeline, LLC procedures in Williston, North\nDakota. As a result of the inspection, USG Wheatland Pipeline, LLC was issued a Notice of\nAmendment on July27, 2017, which proposed amendment of your procedures.\nUSG Wheatland Pipeline, LLC submitted its amended procedures on June 5, 2018. My staff\nreviewed the amended procedures, and it appears that the inadequacies outlined in this Notice\nof Amendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n\n320176005M_Notice of Amendment_07272017_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 27, 2017\nMr. Larry Wall, COO Gas Infrastructure\nUSG Wheatland Pipeline, LLC\n601 Travis Street\nHouston, TX 77002\nCPF 3-2017-6005M\nDear Mr. Wall:\nOn May 10-12, 2016, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected USG\nWheatland Pipeline, LLC procedures for operations, maintenance, public awareness and\noperator qualifications in Williston, North Dakota.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nUSG Wheatland Pipeline, LLC (Wheatland) plans or procedures, as described below:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(e) Emergencies. The manual required by paragraph (a) of this section must\ninclude procedures for the following to provide safety when an emergency\ncondition occurs;\n(1) Receiving, identifying, and classifying notices of events which need\nimmediate response by the operator or notice to fire, police, or other\nappropriate public officials and communicating this information to\nappropriate operator personnel for corrective action.\n\n\n\nWheatland’s Emergency Response Procedures (ERP) do not include provisions to classify\nevents for immediate response. Wheatland must amend its ERP to include procedures for\nclassifying events which need immediate response.\n2. §195.440 Public awareness\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why compliance\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nWheatland’s public awareness written plan is inadequate because it is missing some of the\nbaseline messages, especially the public official section which is missing emergency\ncommunications and other messages as required in API RP 1162. The written plan’s\neffectiveness evaluation section is also missing the following items:\n• Margin of error for surveys\n• Sample sizes for surveys\n• Pretesting of materials\n• Picking bottom line results value\n• Methodology for the four required effectiveness measures in RP 1162\nWheatland must amend its public awareness procedures to include all required baseline\nmessages for all required audiences and also to include all bulleted items above.\n3. §195.234 Welds: Nondestructive testing.\n(e) All girth welds installed each day in the following locations must be\nnondestructively tested over their entire circumference, except that when\nnondestructive testing is impracticable for a girth weld, it need not be tested if the\nnumber of girth welds for which testing is impracticable does not exceed 10\npercent of the girth welds installed that day:\n(1) At any onshore location where a loss of hazardous liquid could\nreasonably be expected to pollute any stream, river, lake, reservoir, or\nother body of water, and any offshore area;\n(2) Within railroad or public road rights-of-way;\n(3) At overhead road crossings and within tunnels;\n(4) Within the limits of any incorporated subdivision of a State\ngovernment; and,\n2\n\n\n\n(5) Within populated areas, including, but not limited to, residential\nsubdivisions, shopping centers, schools, designated commercial areas,\nindustrial facilities, public institutions, and places of public assembly.\n(f) When installing used pipe, 100 percent of the old girth welds must be\nnondestructively tested.\n(g) At pipeline tie-ins, including tie-ins of replacement sections, 100 percent of the\ngirth welds must be nondestructively tested.\nWheatland’s Operations & Maintenance Manual, Section 5.3.6.10 Nondestructive Testing,\nstates that the acceptability of welds will be determined according to API 1104, Section 9.\nAPI 1104 Section 9 does not cover the sampling requirement to non-destructively test welds\nthat is noted in the consideration. Wheatland must amend its O&M manual to include all\nrequired NDT sampling requirements of §195.234.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation 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\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged\nin this Notice without further notice to you and to issue an Order Directing Amendment. If\nyour plans or procedures are found inadequate as alleged in this Notice, you may be ordered to\namend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are\nnot contesting this Notice, we propose that you submit your amended procedures to my office\nwithin 30 days of receipt of this Notice. This period may be extended by written request for\ngood cause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Wheatland maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision\n3\n\n\n\nof plans, procedures) and submit the total to Allan Beshore, Director, Central Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter,\nplease refer to CPF 3-2017-6005M and, for each document you submit, please provide a copy\nin electronic format whenever possible.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n4","truncated":false,"body_characters":8926}