{"operation":"document","citation":"CPF 32021060NOA","title":"DAKOTA MIDSTREAM — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-10-13","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(13), 195.452(f)(1), 195.505(a), 195.505(f), 195.505(h).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021060noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021060noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021060noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32021060NOA","body":"Notice of Amendment involving DAKOTA MIDSTREAM. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(13),  195.452(f)(1),  195.505(a),  195.505(f),  195.505(h). The case was opened on 2021-10-13 and is reported as closed as of 2022-03-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32021060NOA_Closure Letter_03042022_(21-200404).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021060NOA/32021060NOA_Closure%20Letter_03042022_(21-200404).pdf\n\n32021060NOA_Closure Letter_03042022_(21-200404)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021060NOA/32021060NOA_Closure%20Letter_03042022_(21-200404)_text.pdf\n\n32021060NOA_Notice of Amendment_10132021_(21-200404).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021060NOA/32021060NOA_Notice%20of%20Amendment_10132021_(21-200404).pdf\n\n32021060NOA_Notice of Amendment_10132021_(21-200404)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021060NOA/32021060NOA_Notice%20of%20Amendment_10132021_(21-200404)_text.pdf\n\n32021060NOA_Operator Response to Notice_11122021_(21-200404).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021060NOA/32021060NOA_Operator%20Response%20to%20Notice_11122021_(21-200404).pdf\n\n32021060NOA_Notice of Amendment_10132021_(21-200404)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: heath@dakota-midstream.com, tim@dakota-midstream.com\nand kristopher@dakota-midstream.com\nOctober 13, 2021\nMr. Heath Norman & Mr. Tim Reynolds\nCo-Chief Executive Officers\nDakota Midstream\n708 Main St., 10th Floor,\nHouston, TX 77002\nCPF 3-2021-060-NOA\nDear Mr. Norman & Mr. Reynolds:\nOn March 18, April 8, May 18-20, and May 27, 2021, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States\nCode virtually inspected Dakota Midstream LLC’s (DM) procedures for operations and\nmaintenance, damage prevention, public awareness, operator qualifications, design and\nconstruction, facilities and storage, emergency preparedness, reporting and time-dependent\nthreats.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nDM’s plans or procedures, as described below:\n1. § 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(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.\n\n\n\nDM’s procedures are inadequate because there is no documentation requirement for review of\nprocedures for effectiveness. Also, annual review of critical procedures is specified whereas the\nintent is for all O&M procedures to be reviewed over a period specified by the operator. Next, the\nprocedure does not have criteria to determine effectiveness. Finally, the focus in the current\nprocedure is on training operators on the procedures whereas the intent of this code section is to\ndetermine if procedures are effective not if technicians are following the procedure as currently\nwritten. DM must amend its procedures to comply with 195.402(c)(13).\n2. § 195.452 Pipeline integrity management in high consequence areas.\n(a) . . .\n(f) What are the elements of an integrity management program? An integrity\nmanagement program begins with the initial framework. An operator must\ncontinually change the program to reflect operating experience, conclusions drawn\nfrom results of the integrity assessments, and other maintenance and surveillance\ndata, and evaluation of consequences of a failure on the high consequence area. An\noperator must include, at minimum, each of the following elements in its written\nintegrity management program:\n(1) A process for identifying which pipeline segments could affect a high\nconsequence area;\nDM’s procedures are inadequate because there is no procedure for periodic review to determine if\nnew HCAs have been identified that could be affected by DM’s pipeline system and facilities. DM\nmust amend its procedures to comply with 195.452 (f)(1). Also, the procedure must have a\nrecordkeeping component that highlights the conclusions drawn.\n3. § 195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) Identify covered tasks;\nDM’s procedures are inadequate because their covered task list does not include composite wrap\nwhich is mentioned in their OQ program but not in the covered task list. Also, their covered task\nlist does not include pipefitting of screw-type fittings or small valves. DM must amend its\nprocedures to include all covered tasks performed on its pipeline.\n2\n\n\n\n4. § 195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) . . .\n(h) After December 16, 2004, provide training, as appropriate, to ensure that\nindividuals performing covered tasks have the necessary knowledge and skills to\nperform the tasks in a manner that ensures the safe operation of pipeline facilities.\nDM’s procedures are inadequate because their training program contains insufficient detail\nregarding what, how, when, and where individuals will receive training. DM must amend its\nprocedures to provide detail on its training program.\n5. § 195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) . . .\n(f) Communicate changes that affect covered tasks to individuals performing those\ncovered tasks; and\nDM’s procedures are inadequate because their OQ program contains insufficient detail regarding\nhow the operator will:\n Ensure the qualification process is communicated to the contractors performing\ncovered tasks on behalf of the operator.\n Ensure that the process for a non-qualified person to perform a covered task is\ncommunicated to contractor personnel.\n Ensure the process for disqualification and requalification is communicated to the\ncontractor.\n Ensure that the process for communicating any changes to the OQ plan that the\ncontractor needs to be aware of are presented to the contractor.\nSpecifically, DM must amend its procedures to provide details on its communications with\ncontractors regarding its OQ program requirements to state the what, who, how, when, and where\nof the process.\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 Enforcement\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment 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 Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within [number of days]\ndays of receipt of this Notice. This period may be extended by written request for good cause.\nOnce the inadequacies identified herein have been addressed in your amended procedures, this\nenforcement action will be closed.\nIt is requested (not mandated) that Dakota Midstream maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Gregory A. Ochs, Director, Central Region, OPS,\nPipeline and Hazardous Materials Safety Administration. In correspondence concerning this\nmatter, please refer to CPF 3-2021-060-NOA and, for each document you submit, please provide\na copy in electronic 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: Mr. Kristopher Coe, Project Manager, Dakota Midstream, LLC, 1600 Broadway,\nSuite 1300, Denver, CO 80202 (kristopher@Dakota-Midstream.com)\n4\n\n32021060NOA_Closure Letter_03042022_(21-200404)_text.pdf\n\nVIA ELECTRONIC MAIL TO: heath@dakota-midstream.com, tim@dakota-midstream.com\nand kristopher@dakota-midstream.com\nMarch 4, 2022\nMr. Heath Norman & Mr. Tim Reynolds\nCo-Chief Executive Officers\nDakota Midstream\n708 Main St., 10th Floor,\nHouston, TX 77002\nRe: CPF 3-2021-060-NOA\nDear Mr. Norman & Mr. Reynolds:\nOn March 18, April 8, May 18-20, and May 27, 2021, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code, virtually inspected Dakota Midstream LLC’s (DM) procedures for operations and\nmaintenance, damage prevention, public awareness, operator qualifications, design and\nconstruction, facilities and storage, emergency preparedness, reporting and time-dependent\nthreats. As a result of the inspection, Dakota Midstream was issued a Notice of Amendment on\nJuly 12, 2021, which proposed amendment of your procedures.\nDakota Midstream submitted its amended procedures on November 12, 2021. My staff reviewed\nthe amended procedures, and it appears that the inadequacies outlined in this Notice of\nAmendment 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: Mr. Kristopher Coe, Project Manager, Dakota Midstream, LLC, 1600 Broadway, Suite\n1300, Denver, CO 80202 (kristopher@Dakota-Midstream.com)","truncated":false,"body_characters":10878}