{"operation":"document","citation":"CPF 320176008W","title":"DAKOTA MIDSTREAM — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-09-01","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a), 195.402(d)(5), 195.404(b)(2), 195.428(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176008w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176008w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176008w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320176008W","body":"Warning Letter involving DAKOTA MIDSTREAM. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(d)(5),  195.404(b)(2),  195.428(a). The case was opened on 2017-09-01 and is reported as closed as of 2017-09-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320176008W_Warning Letter_09012017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176008W/320176008W_Warning%20Letter_09012017.pdf\n\n320176008W_Warning Letter_09012017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176008W/320176008W_Warning%20Letter_09012017_text.pdf\n\n320176008W_Warning Letter_09012017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 1, 2017\nHeath Norman, CEO\nDakota Midstream\n1400 Wewatta Street, Suite 310\nDenver, CO 80202\nCPF 3-2017-6008W\nDear Mr. Norman:\nOn November 28 through December 2, 2016, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Dakota Midstream, near Alexandria, North Dakota.\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. The items inspected and\nthe probable violation(s) are:\n1. §195.404 Maps and records.\n(b) Each operator shall maintain for at least 3 years daily operating records that\nindicate—\n(2) Any emergency or abnormal operation to which the procedures under\n§195.402 apply.\n\n\n\n§195.402 Procedures manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations\nand maintenance activities and handling abnormal operations and\nemergencies.\n(d) Abnormal operation. The manual required by paragraph (a) of this\nsection must include procedures for the following to provide safety when\noperating design limits have been exceeded;\n(5) Periodically reviewing the response of operator personnel to determine\nthe effectiveness of the procedures controlling abnormal operation and\ntaking corrective action where deficiencies are found.\nDakota Midstream failed to document an abnormal operation review when an\nabnormal operation occurred at the Spackler Station during an area wide power outage.\n2. §195.428 Overpressure safety devices and overfill protection systems.\n(a) …, each operator shall, at intervals not exceeding 15 months, but at least once\neach calendar year, … inspect and test each pressure limiting device, relief valve,\npressure regulator, or other item of pressure control equipment to determine that\nit is functioning properly, is in good mechanical condition, and is adequate from\nthe standpoint of capacity and reliability of operation for the service in which it is\nused.\nDakota Midstream had no record of inspection on its overpressure safety device. No\ninspection record for its 8” flow control valve for calendar year 2015 was available for\nreview.\nAs of April 27, 2017, under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil\npenalty not to exceed $209,002 per violation per day the violation persists up to a maximum of\n$2,090,022 for a related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct\nthe items identified in this letter. Failure to do so will result in Dakota Midstream being subject\nto additional enforcement action.\n2\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 3-2017-6008W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any portion\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":4424}