{"operation":"document","citation":"CPF 32021014NOA","title":"SAVAGE BAKKEN CONNECTOR, INC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-07-22","effective_on":null,"summary":"CLOSED notice of amendment citing 195.234(b)(1), 195.402(a), 195.402(c), 195.402(c)(2), 195.402(c)(3), 195.589(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021014noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021014noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021014noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32021014NOA","body":"Notice of Amendment involving SAVAGE BAKKEN CONNECTOR, INC. PHMSA's enforcement data identifies the cited regulations as 195.234(b)(1),  195.402(a),  195.402(c),  195.402(c)(2),  195.402(c)(3),  195.589(a). The case was opened on 2021-07-22 and is reported as closed as of 2022-06-29. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32021014NOA_Closure Letter_06292022_(20-196647).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021014NOA/32021014NOA_Closure%20Letter_06292022_(20-196647).pdf\n\n32021014NOA_Closure Letter_06292022_(20-196647)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021014NOA/32021014NOA_Closure%20Letter_06292022_(20-196647)_text.pdf\n\n32021014NOA_Notice_of Amendment_07222021 (20-196647).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021014NOA/32021014NOA_Notice_of%20Amendment_07222021%20(20-196647).pdf\n\n32021014NOA_Notice_of Amendment_07222021 (20-196647)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021014NOA/32021014NOA_Notice_of%20Amendment_07222021%20(20-196647)_text.pdf\n\n32021014NOA_Operator Response to Notice_08202021_(20-196647).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021014NOA/32021014NOA_Operator%20Response%20to%20Notice_08202021_(20-196647).pdf\n\n32021014NOA_Notice_of Amendment_07222021 (20-196647)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: BradC@savageservices.com and\nKevinBurke@savageservices.com\nJuly 22, 2021\nMr. Brad Crist\nSector President, Savage Energy & Chemical\nSavage Bakken Connector, Inc.\n901 W Legacy Center Way\nMidvale, UT 84047\nCPF 3-2021-014-NOA\nDear Mr. Crist:\nFrom February 18, 2020 through November 6, 2020, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States\nCode inspected Savage Bakken Connector, Inc. (Savage or Operator) procedures for operations\nand maintenance, operator qualification, public awareness, damage prevention, facilities and\nstorage, time dependent threats, and emergency response in Williston, North Dakota.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nSavage’s plans or procedures, as described below:\n1. § 195.234 Welds: Nondestructive testing.\n(a) . . . .\n(b) Any nondestructive testing of welds must be performed—\n(1) In accordance with a written set of procedures for nondestructive testing\nSavage’ O&M Manual is inadequate as it failed to state any nondestructive testing of\nwelds must be performed in accordance with a written set of procedures for\nnondestructive testing required by § 195.234(b)(1). Savage must amend its procedures to\ncorrect this inadequacy.\n\n\n\n2. 3. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies.\nThis manual shall be reviewed at intervals not exceeding 15 months, but at least\nonce each calendar year, and appropriate changes made as necessary to insure\nthat the manual is effective. This manual shall be prepared before initial\noperations of a pipeline system commence, and appropriate parts shall be kept\nat locations where operations and maintenance activities are conducted.\n§ 195.403 Emergency response training.\n(a) . . . .\n(b) At the intervals not exceeding 15 months, but at least once each calendar year, each\noperator shall:\n(1) Review with personnel their performance in meeting the objectives of the\nemergency response training program set forth in paragraph (a) of this section;\nand\n(2) Make appropriate changes to the emergency response training program as\nnecessary to ensure that it is effective.\nSavage’s O&M Manual was inadequate in that it did not have a procedure for Emergency\nResponse Plan training review. Savage’s procedures failed to have elements of\n§ 195.403(b)(1), (2). Savage has submitted procedures that satisfactorily addressed this\nitem. No further action is required.\n§ 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall\nbe reviewed at intervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a pipeline\nsystem commence, and appropriate parts shall be kept at locations where\noperations and maintenance activities are conducted.\n§ 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following to provide safety during maintenance\nand normal operations:\n(1) . . . .\n2\n\n\n\n4. 5. (13) Periodically reviewing the work done by operator personnel to determine the\neffectiveness of the procedures used in normal operation and maintenance and\ntaking corrective action where deficiencies are found.\nSavage’s O&M Manual was inadequate in that procedure 10.03 Section 4.2.2 failed to\nspecify how procedures are reviewed (by who, when and what procedures). Savage has\nsubmitted procedures that satisfactorily addressed this item. No further action is required.\n§ 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\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(2) Gathering of data needed for reporting accidents under subpart B of this part\nin a timely and effective manner.\n§ 195.52 Immediate notice of certain accidents.\n(a) Notice requirements. At the earliest practicable moment following discovery, of a\nrelease of the hazardous liquid or carbon dioxide transported resulting in an event\ndescribed in §195.50, but no later than one hour after confirmed discovery, the\noperator of the system must give notice, in accordance with paragraph (b) of this\nsection of any failure that:\nSavage’s O&M Manual fails to state reportable accidents will be reported no later\nthan one hour. Savage modified their O&M manual to include accidents will be\nreported no later than one hour. No further action required.\n§ 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . .\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(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\n§ 195.420 Valve maintenance.\n(a) . . . .\n(c) Each operator shall provide protection for each valve from unauthorized\noperation and from vandalism.\n3\n\n\n\n6. Savage’s O&M Manual is inadequate as it had no procedure to provide protection, for\neach valve, from unauthorized operation and from vandalism. Savage modified its O&M\nto include a procedure to provide protection for each valve from unauthorized operation\nand from vandalism. No further action required.\n§ 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\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(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\n§ 195.432 Inspection of in-service breakout tanks.\n(a) . . . .\n(b) Each operator must inspect the physical integrity of in-service atmospheric and low-\npressure steel above-ground breakout tanks according to API Std 653 (except section\n6.4.3, Alternative Internal Inspection Interval) (incorporated by reference, see §\n195.3). However, if structural conditions prevent access to the tank bottom, its\nintegrity may be assessed according to a plan included in the operations and\nmaintenance manual under § 195.402(c)(3). The risk- based internal inspection\nprocedures in API Std 653, section 6.4.3 cannot be used to determine the internal\ninspection interval.\nSection 6 of API Standard 653 3rd Edition, December 2001\n6.3.1 Routine In-Service Inspections\n6.3.1.1 The external condition of the tank shall be monitored by close visual inspection\nfrom the ground on a routine basis. This inspection may be done by owner/operator\npersonnel, and can be done by other than authorized inspectors as defined in 3.6.\nPersonnel performing this inspection should be knowledgeable of the storage facility\noperations, the tank, and the characteristics of the product stored.\n6.3.1.2 The interval of such inspections shall be consistent with conditions at the\nparticular site, but shall not exceed one month.\n6.3.1.3 This routine in-service inspection shall include a visual inspection of the tank’s\nexterior surfaces. Evidence of leaks; shell distortions; signs of settlement; corrosion; and\ncondition of the foundation, paint coatings, insulation systems, and appurtenances should\nbe documented for follow-up action by an authorized inspector.\nSavage did not have a procedure to inspect the physical integrity of in-service\natmospheric and low-pressure steel above-ground breakout tanks according to API Std\n653. Savage has submitted procedures that satisfactorily addressed this item. No further\naction is required.\n4\n\n\n\n7. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\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(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\n§ 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 operator\nof a pipeline covered by this section must:\n(1) Develop a written integrity management program that addresses the risks on each\nsegment of pipeline in the first column of the following table not later than the date in the\nsecond column:\nPipeline Category 1 Category 2 Category 3\nDate\nMarch 31, 2002.\nFebruary 18, 2003.\n1 year after the date the\npipeline begins\noperation.\nSavage’s procedure was inadequate because it did not include guidance on how to identify an\nHCA. Specifically, based upon NPMS data, PHMSA identified that Savage’s pump station and\nabout half the length of the pipeline are in an HCA. As a result, Savage needs to develop a pipeline\nIntegrity Management Plan and a Facilities Integrity Management Plan as required which includes\nHCA identification. Savage has submitted procedures that satisfactorily addressed this item. No\nfurther action is required.\n8. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\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(3) Operating, maintaining, and repairing the pipeline system in accordance\nwith each of the requirements of this subpart and subpart H of this part.\n§ 195.559 What coating material may I use for external corrosion control?\nCoating material for external corrosion control under § 195.557 must—\n(a) Be designed to mitigate corrosion of the buried or submerged pipeline;\n5\n\n\n\n(b) Have sufficient adhesion to the metal surface to prevent under film migration of\nmoisture;\n(c) Be sufficiently ductile to resist cracking;\n(d) Have enough strength to resist damage due to handling and soil stress;\n(e) Support any supplemental cathodic protection;\nSavage’s O&M Manual was inadequate as procedure 30.04 did not specify the external\npipe coating be designed to mitigate corrosion of the buried or submerged pipeline, have\nsufficient adhesion to the metal surface to prevent under film migration of moisture, be\nsufficiently ductile to resist cracking, have enough strength to resist damage due to\nhandling and soil stress, and support any supplemental cathodic protection. Savage must\namend its procedures to correct this inadequacy.\n9. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . .\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(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\n§ 195.571 What criteria must I use to determine the adequacy of cathodic\nprotection?\nCathodic protection required by this subpart must comply with one or more of the applicable\ncriteria and other considerations for cathodic protection contained paragraphs 6.2.2, 6.2.3,\n6.2.4, 6.2.5 and 6.3 in NACE SP 0169 (incorporated by reference, see § 195.3).\nSavage’ O&M Manual was inadequate as 30.05 section 4 allows e log I and net proactive\ncurrent criteria which are not allowed in § 195.571. Savage must amend its procedure to\ncomply with the criteria noted in paragraphs 6.2.2, 6.2.3, 6.2.4, 6.2.5 and 6.3 in NACE SP\n0169. Savage has submitted procedures that satisfactorily addressed this item. No further\naction is required.\n10. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . .\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(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\n§ 195.581 Which pipelines must I protect against atmospheric corrosion and what coating\nmaterial may I use?\n(a) . . .\n(b) Coating material must be suitable for the prevention of atmospheric corrosion.\n6\n\n\n\nSavage’s O&M Manual was inadequate as procedure 30.04 section 3.0 did not specify that\natmospheric corrosion coatings be suitable for the preventions of atmospheric corrosion.\nSavage has submitted procedures that satisfactorily addressed this item. No further action is\nrequired.\n11. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . .\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(3) Operating, maintaining, and repairing the pipeline system in accordance\nwith each of the requirements of this subpart and subpart H of this part.\n§ 195.589 What corrosion control information do I have to maintain?\n(a) You must maintain current records or maps to show the location of—\n(1) Cathodically protected pipelines;\n(2) Cathodic protection facilities, including galvanic anodes, installed after January\n28, 2002; and\n(3) Neighboring structures bonded to cathodic protection systems.\nSavage’ O&M Manual was inadequate as its procedure failed to state that records or\nmaps must include catholically protected facilities for the pipelines and pump station, and\nthat such records or maps must be maintained. Savage must amend its procedures to\ncorrect this inadequacy.\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\n7\n\n\n\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). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n[number of days] days of receipt of this Notice. This period may be extended by written request\nfor good 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 Savage maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Gregory A. Ochs, Director, Central Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 3-2021-014-NOA and, for each document you submit, please provide a copy in\nelectronic format 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: KevinBurke@savageservices.com Kevin Burke, Senior Vice President, Industry Unit Leader,\n901 W Legacy Center Way, Midvale, UT 84047\n8\n\n32021014NOA_Closure Letter_06292022_(20-196647)_text.pdf\n\nVIA ELECTRONIC MAIL TO: BradC@savageservices.com;\nJustinAnderson@savageservices.com\nJune 29, 2022\nMr. Brad Crist\nSector President, Savage Energy & Chemical\nSavage Bakken Connector, Inc.\n901 W Legacy Center Way\nMidvale, UT 84047\nRe: CPF 3-2021-014-NOA\nDear Mr. Crist:\nFrom February 18, 2020, through November 6, 2020, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code, inspected Savage Bakken Connector, Inc.’s (Savage) procedures for operations and\nmaintenance, operator qualification, public awareness, damage prevention, facilities and storage,\ntime dependent threats, and emergency response in Williston, North Dakota. As a result of the\ninspection, Savage was issued a Notice of Amendment on July 22, 2021, which proposed\namendment of your procedures.\nSavage submitted its amended procedures on June 14, 2022. My staff has 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,\nGregory A. Ochs\nDirector, Central Region OPS\nPipeline and Hazardous Materials Safety Administration\ncc: Justin Anderson (JustinAnderson@savageservices.com)","truncated":false,"body_characters":19881}