{"operation":"document","citation":"CPF 320205031M","title":"VANTAGE PIPELINE US LP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-11-13","effective_on":null,"summary":"CLOSED notice of amendment citing 195.401(b)(1), 195.402(c)(13), 195.446(b)(1), 195.446(d), 195.505(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320205031m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320205031m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320205031m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320205031M","body":"Notice of Amendment involving VANTAGE PIPELINE US LP. PHMSA's enforcement data identifies the cited regulations as 195.401(b)(1),  195.402(c)(13),  195.446(b)(1),  195.446(d),  195.505(c). The case was opened on 2020-11-13 and is reported as closed as of 2020-12-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320205031M_Closure Letter_12022020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205031M/320205031M_Closure%20Letter_12022020.pdf\n\n320205031M_Closure Letter_12022020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205031M/320205031M_Closure%20Letter_12022020_text.pdf\n\n320205031M_Notice of Amendment_11132020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205031M/320205031M_Notice%20of%20Amendment_11132020.pdf\n\n320205031M_Notice of Amendment_11132020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205031M/320205031M_Notice%20of%20Amendment_11132020_text.pdf\n\n320205031M_Operator Response to Notice_11302020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205031M/320205031M_Operator%20Response%20to%20Notice_11302020.pdf\n\n320205031M_Closure Letter_12022020_text.pdf\n\nVIA ELECTRONIC MAIL TO: MDilger@Pembina.com and bbachmeier@pembina.com\nDecember 2, 2020\nMr. Michael Dilger\nPresident and Chief Executive Officer\nVantage Pipeline US LP 4000, 585 8th Avenue S.W.\nCalgary, AB, CANADA\nT2P 1G1\nRe: CPF 3-2020-5031M\nDear Mr. Dilger:\nFrom February 11, 2019 to March 21, 2019, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Vantage Pipeline’s (Vantage) procedures for Operations and Maintenance, Public\nAwareness, Damage Prevention, Emergency Response, Integrity Management, Time Dependent\nThreats, Operator Qualification and Assessment and Repair through a series of teleconferences\nand videoconferences. As a result of the inspection, Vantage was issued a Notice of Amendment\n(Notice) on November 13, 2020, which proposed amendment of your procedures and stated that\namendments had been sent to PHMSA and found satisfactory.\nVantage replied to the Notice on November 30, 2020, stating that none of the items were\ncontested and the amended procedures had been submitted in 2019 and reviewed by PHMSA as\nstated. My staff found the amended procedures satisfactory, and it appears that the inadequacies\noutlined in this Notice of Amendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nCc: Bob Bachmeier, Senior Advisor, Regulatory, Pembina US bbachmeier@pembina.com\n\n320205031M_Notice of Amendment_11132020_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: MDilger@Pembina.com and bbachmeier@pembina.com\nNovember 13, 2020\nMr. Michael Dilger\nPresident and Chief Executive Officer\nVantage Pipeline US LP 4000, 585 8th Avenue S.W.\nCalgary, AB, CANADA\nT2P 1G1\nCPF 3-2020-5031M\nDear Mr. Dilger:\nFrom February 11, 2019 to March 21, 2019, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Vantage Pipeline’s (Vantage) procedures for Operations and Maintenance, Public\nAwareness, Damage Prevention, Emergency Response, Integrity Management, Time Dependent\nThreats, Operator Qualification and Assessment and Repair through a series of teleconferences\nand videoconferences.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nVantage plans or procedures, as described below:\n\n\n\n1. §195.401 General requirements.\n(a). . .\nrequirements:\n(b) An operator must make repairs on its pipeline system according to the following\n(1) Non Integrity management repairs. Whenever an operator discovers any\ncondition that could adversely affect the safe operation of its pipeline system, it must\ncorrect the condition within a reasonable time. However, if the condition is of such a\nnature that it presents an immediate hazard to persons or property, the operator\nmay not operate the affected part of the system until it has corrected the unsafe\ncondition.\nVantage’s Operation and Maintenance manual (O&M) was inadequate because it did clearly\ndefine immediate hazard to persons or property and state the operator cannot operate unsafe parts\nof the system. As of 6-19-2019 the US Vantage Pipeline System IMP Manual Version 3.0 May\n31, 2019 Section 7.3 was satisfactorily amended to address this issue. No further action is\nrequired.\n2. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(13) Periodically reviewing the work done by operator to determine the\neffectiveness of the procedures used in normal operation and maintenance and\ntaking corrective action where deficiencies are found.\nVantage’s O&M manual was inadequate because there was no procedure covering “Periodically\nreviewing the work done by operator to determine the effectiveness of the procedures used in\nnormal operation and maintenance and taking corrective action where deficiencies are found.”\nAs of July 24, 2019, Vantage amended its O&M procedure VAN-OPS-012 to address this issue.\nNo further action is required.\n3. §195.446 Control room management.\n(a) . . .\n(b) Roles and responsibilities. Each operator must define the roles and\nresponsibilities of a controller during normal, abnormal, and emergency operating\nconditions. To provide for a controller's prompt and appropriate response to\noperating conditions, an operator must define each of the following:\n(1) A controller's authority and responsibility to make decisions and take actions\nduring normal operations;\n2\n\n\n\nVantage’s Control Room Management (CRM) manual was inadequate because it did not clearly\ndefine \"Physical domain of responsibility\" to include both the physical pipeline assets being\nmonitored and controlled, and SCADA/communications assets (such as desks, consoles, phones,\nradios, etc.) being used in support of monitor and control duties. As of July 1, 2019, Vantage\namended its US Vantage Pipeline System Pipeline Control Management Program Section 1.1\nand Section 1.2 to address this issue. No further action is required.\n4. §195.446 Control room management.\n(a) . . .\n(d) Fatigue mitigation. Each operator must implement the following methods to\nreduce the risk associated with controller fatigue that could inhibit a controller's\nability to carry out the roles and responsibilities the operator has defined:\n(1) Establish shift lengths and schedule rotations that provide controllers off-duty\ntime sufficient to achieve eight hours of continuous sleep;\n(2) Educate controllers and supervisors in fatigue mitigation strategies and how off-\nduty activities contribute to fatigue;\n(3) Train controllers and supervisors to recognize the effects of fatigue; and\n(4) Establish a maximum limit on controller hours-of-service, which may provide\nfor an emergency deviation from the maximum limit if necessary for the safe\noperation of a pipeline facility.\nVantage’s Fatigue Management manual (FMP) was inadequate because Section 2 of the FMP\ndid not require a risk assessment record to be maintained. Specifically Section 2 states “The\nSPCC Leadership Team will review annually, not to exceed 15 months, the schedules,\nworkspace conditions, ergonomics, training, fatigue risks, fatigue countermeasures and affected\npersonnel to ensure the most optimal working conditions and resources are available and\nfollowed.” As of July 10, 2019, Vantage amended its US Vantage Pipeline System Fatigue Risk\nManagement Plan Section 2.1 and 2.3 to satisfactorily address this issue. No further action is\nrequired.\n5. §195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) . . .\n(c) Allow individuals that are not qualified pursuant to this subpart to perform a\ncovered task if directed and observed by an individual that is qualified\nVantage’s Operator Qualification (OQ) manual was inadequate because hot tapping had a 1 – 1\nspan of control and should be a 1 – 0 span of control. Vantage’s OQ manual was amended on\nMarch 7, 2019, to state that hot tapping will be a 1 – 0 span of control. No further action is\nrequired.\n3\n\n\n\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nEnforcement 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 for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust 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 information\nqualifies 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 of\nreceipt 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 in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). Since all the\ninadequacies identified herein have been addressed in your amended procedures, this\nenforcement action will be closed in 30 days unless you respond.\nIt is requested (not mandated) that Vantage maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Allan C. Beshore, Director, Central Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please refer\nto CPF 3-2020-5031M and, for each document you submit, please provide a copy in electronic\nformat whenever possible.\nSincerely,\nGregory A. Ochs\nDirector, Central Region OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\nCc: Bob Bachmeier, Senior Advisor, Regulatory, Pembina US bbachmeier@pembina.com\n4","truncated":false,"body_characters":11020}