{"operation":"document","citation":"CPF 320176011M","title":"STATOIL OIL & GAS LP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-09-29","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(a), 195.402(c)(13), 195.402(e)(1), 195.403(a), 195.442(c)(1), 195.442(c)(3), 195.503(b), 195.505(b), 195.505(f), 195.509(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176011m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176011m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176011m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320176011M","body":"Notice of Amendment involving STATOIL OIL & GAS LP. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(c)(13),  195.402(e)(1),  195.403(a),  195.442(c)(1),  195.442(c)(3),  195.503(b),  195.505(b),  195.505(f),  195.509(a). The case was opened on 2017-09-29 and is reported as closed as of 2018-05-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320176011M_Closure Letter_05152018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176011M/320176011M_Closure%20Letter_05152018.pdf\n\n320176011M_Closure Letter_05152018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176011M/320176011M_Closure%20Letter_05152018_text.pdf\n\n320176011M_Notice Of Amendment_09292017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176011M/320176011M_Notice%20Of%20Amendment_09292017.pdf\n\n320176011M_Notice of Amendment_09292017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176011M/320176011M_Notice%20of%20Amendment_09292017_text.pdf\n\n320176011M_Notice of Amendment_09292017_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 29, 2017\nMr. Frederick Beck, Senior Vice President DPUSA\nStatoil Oil & Gas LP\n6300 Bridge Point Parkway, Bldg. 2, Suite 100\nAustin, TX 78730\nCPF 3-2017-6011M\nDear Mr. Beck:\nOn March 22-24 and May 3-5, 2016, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nStatoil Oil & Gas LP’s (Statoil) North Dakota unit procedures for damage prevention, operator\nqualifications, integrity management and emergencies in Williston, North Dakota.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nStatoil’s plans or procedures, as described below:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) Each operator shall prepare and follow for each pipeline system a manual of\nwritten procedures for conducting normal operations and maintenance activities\nand handling abnormal operations and emergencies.\n§195.403 Emergency Response Training.\n(a) Each operator shall establish and conduct a continuing training\nprogram to instruct emergency response personnel to:\n(1) Carry out the emergency procedures established under §195.402\nthat relate to their assignments;\n\n\n\n2. (2) Know the characteristics and hazards of the hazardous liquids\nor carbon dioxide transported, including, in case of flammable\nHVL, flammability of the mixtures with air, odorless vapors, and\nwater reactions;\n(3) Recognize conditions that are likely to cause emergencies,\npredict the consequences of facility malfunctions or failures and\nhazardous liquids or carbon dioxide spills, and take appropriate\ncorrective action;\n(4) Take steps necessary to control any accidental release of\nhazardous liquid or carbon dioxide and to minimize the potential\nfor fire, explosion, toxicity, or environmental damage; and\n(5) Learn the potential causes, types, sizes, and consequences of fire\nand the appropriate use of portable fire extinguishers and other on-\nsite fire control equipment, involving, where feasible, a simulated\npipeline emergency condition.\nStatoil’s procedures fail to address establishing or conducting a continuing Emergency\nResponse Personnel (ERP) Training Program. No ERP training has been established\nand conducted.\n§195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(13) Periodically reviewing the work done by operator personnel to\ndetermine the effectiveness of the procedures used in normal operation\nand maintenance and taking corrective action where deficiencies are\nfound.\nStatoil’s Operations and Maintenance procedure manual does not currently have a\nprocedure to periodically review the work performed by operator personnel to\ndetermine the effectiveness of the procedures used in normal operation and\nmaintenance and taking corrective actions where deficiencies are found. Procedures\nare currently being developed.\n2\n\n\n\n3. §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.\nStatoil’s Operations, Maintenance and Emergency procedure manual does not address\nclassifying notice of events which need immediate response by the operator. Response\nprocedures to specific threats are in the operator’s Facility Response Plan (FRP) but\nclassification as to immediate response or delayed response is not in either their\nEmergency Response Plan (ERP) or their FRP.\n4. §195.442 Damage Prevention Program\n(c) The damage prevention program required by paragraph (a) of this section\nmust, at a minimum:\n(1) Include the identity, on a current basis of persons who normally engage\nin excavation activities in the area in which the pipeline is located.\n(3) Provides a means of receiving and recording notifications of planned\nexcavation activities.\nStatoil’s Damage Prevention Program procedures do not specify how reports of Third\nParty Activity and names of associated contractors or excavators are input back into\nthe mail-outs and communications with excavators along the system or how Third\nParty Damage is checked against One-Call tickets.\n5. §195.505 Qualification program\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to:\n(b) Ensure through evaluation that individuals performing covered tasks\nare qualified;\n(f) Communicate changes that affect covered tasks to individuals\nperforming those covered tasks\n3\n\n\n\nStatoil’s Operator Qualification Program procedures do not address how contractors\nwill be trained and evaluated to insure they are qualified in operator's specific O&M\nprocedures for each covered task.\n6. §195.509 General.\n(a) Operators must have a written qualification program by April 27, 2001. The\nprogram must be available for review by the Administrator or by a state agency\nparticipating under 49 U.S.C. Chapter 601 if the program is under the authority\nof that state agency.\n§195.503 Qualified means that an individual has been evaluated and can:\n(b) Recognize and react to abnormal operating conditions.\nStatoil failed to have an adequate written Operator Qualification (OQ) Program.\nStatoil does not currently have a list of task-specific Abnormal Operating Conditions\nin its OQ Program associated with each covered task to which the individual can be\nqualified to per the definition of Qualified in §195.503.\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.\n4\n\n\n\nIt is requested (not mandated) that Statoil Oil & Gas LP maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision\nof plans, procedures) and submit the total to Allan C. Beshore, Director, Central Region, OPS,\nPipeline and Hazardous Materials Safety Administration. In correspondence concerning this\nmatter, please refer to CPF 3-2017-6011M and, for each document you submit, please\nprovide a copy in 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\n5\n\n320176011M_Closure Letter_05152018_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 15, 2018\nMr. Frederick Beck,\nSenior Vice President\nStatoil Oil & Gas LP\n6300 Bridge Point Parkway, Bldg. 2, Suite 100\nAustin, TX 78730\nCPF 3-2017-6011M\nDear Beck:\nOn March 22-24 and May 3-5, 2016, a representative from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted\nan on-site pipeline safety inspection of Statoil Oil & Gas LP (Statoil) procedures in Williston,\nNorth Dakota. As a result of the inspection, Statoil was issued a Notice of Amendment on\nSeptember 29, 2017, which proposed amendment of your procedures.\nStatoil submitted its amended procedures on March 28, 2018. 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,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":10713}