{"operation":"document","citation":"CPF 320185012W","title":"OASIS PETROLEUM NORTH AMERICA — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-12-07","effective_on":null,"summary":"CLOSED warning letter citing 195.412(a), 195.452(b)(5), 195.452(l)(1)(ii).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320185012w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320185012w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320185012w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320185012W","body":"Warning Letter involving OASIS PETROLEUM NORTH AMERICA. PHMSA's enforcement data identifies the cited regulations as 195.412(a),  195.452(b)(5),  195.452(l)(1)(ii). The case was opened on 2018-12-07 and is reported as closed as of 2018-12-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320185012W_Warning Letter_12072018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320185012W/320185012W_Warning%20Letter_12072018.pdf\n\n320185012W_Warning Letter_12072018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320185012W/320185012W_Warning%20Letter_12072018_text.pdf\n\n320185012W_Warning Letter_12072018_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 7, 2018\nJason Swaren\nVice President, Operations\nOasis Midstream Partners\n1001 Fannin St. Suite 1500\nHouston, TX 77002\n3-2018-5012W\nDear Mr. Swaren:\nFrom January 8 - 12, January 29 – February 2, February 12 – 16 and April 16 – 20, 2018,\nrepresentatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA),\nOffice of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\ninspected your Johnsons Corner (JC) and City of Williston (COW) units in Watford City and\nWilliston, ND.\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\ninspected and the probable violation(s) are:\n1. §195.412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times each\ncalendar year, inspect the surface conditions on or adjacent to each pipeline right-of-\nway. Methods of inspection include walking, driving, flying or other appropriate\nmeans of traversing the right-of-way.\n\n\n\nOasis failed to inspect the surface conditions on or adjacent to each pipeline right-of-way\nat intervals not exceeding 3 weeks, but at least 26 times each year. Driving patrols where\nused from the beginning of operation (10/10/2016) on the Johnson's Corner line until\n1/23/2017. After that time air patrols were used, the first taking place on 2/21/2017.\nRecords show that the driving patrols on 12/20/2016 and 12/30/2016 were not completed\ndue to snow. One patrol is missing for the time between the last driving patrol and first air\npatrol as time period was greater than 3 weeks. Finally, there were only 25 patrols during\n2017, which does not meet the 26 required. The 2017 patrols consisted of 2 driving\npatrols and 23 air patrols.\n2. §195.452 Pipeline integrity management in high consequence areas.\n(a) . . . .\n(b) What program and practices must operators use to manage pipeline integrity? Each\noperator of a pipeline covered by this section must:\n(5) Implement and follow the program.\nOasis failed to follow its integrity management program (IMP). Specifically, Oasis failed\nto perform an IM effectiveness review as required by regulations and its procedures.\nOasis procedures required an effectiveness review even though it had only operated one\nyear.\n3. §195.452 Pipeline integrity management in high consequence areas.\n(a) . . . .\n(l) What records must an operator keep to demonstrate compliance? (1) An operator\nmust maintain, for the useful life of the pipeline, records that demonstrate\ncompliance with the requirements of this subpart. At a minimum, an operator must\nmaintain the following records for review during an inspection:\n(ii) Documents to support the decisions and analyses, including any modifications,\njustifications, deviations and determinations made, variances, and actions taken,\nto implement and evaluate each element of the integrity management program\nlisted in paragraph (f) of this section.\nOasis failed to maintain records to demonstrate compliance with Part 195, Subpart F.\nSpecifically, Oasis failed to provide records to indicate that preventive and mitigative\nmeasures have been considered and implemented.\n2\n\n\n\n4. §195.452 Pipeline integrity management in high consequence areas.\n(a) . . . .\n(l) What records must an operator keep to demonstrate compliance?\n(1) An operator must maintain, for the useful life of the pipeline, records that\ndemonstrate compliance with the requirements of this subpart. At a minimum, an\noperator must maintain the following records for review during an inspection:\n(ii) Documents to support the decisions and analyses, including any modifications,\njustifications, deviations and determinations made, variances, and actions taken,\nto implement and evaluate each element of the integrity management program\nlisted in paragraph (f) of this section.\nOasis failed to maintain records to demonstrate compliance with Part 195, Subpart F.\nSpecifically, Oasis failed to show adequate documentation to support the decisions,\nanalyses, and action taken to implement and evaluate each element of the integrity\nmanagement program.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$209,002 per violation per day the violation persists, up to a maximum of $2,090,022 for a\nrelated series of violations. For violations occurring prior to November 2, 2015, the maximum\npenalty may not exceed $200,000 per violation per day, with a maximum penalty not to exceed\n$2,000,000 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 Oasis Midstream Partnersbeing\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 3-2018-5012W. 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).\n3\n\n\n\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n4","truncated":false,"body_characters":6522}