# DAKOTA MIDSTREAM — Notice of Amendment

- **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:** Not available
- **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.

Official case documents:

32021060NOA_Closure Letter_03042022_(21-200404).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021060NOA/32021060NOA_Closure%20Letter_03042022_(21-200404).pdf

32021060NOA_Closure Letter_03042022_(21-200404)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021060NOA/32021060NOA_Closure%20Letter_03042022_(21-200404)_text.pdf

32021060NOA_Notice of Amendment_10132021_(21-200404).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021060NOA/32021060NOA_Notice%20of%20Amendment_10132021_(21-200404).pdf

32021060NOA_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

32021060NOA_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

32021060NOA_Notice of Amendment_10132021_(21-200404)_text.pdf

NOTICE OF AMENDMENT
VIA ELECTRONIC MAIL TO: heath@dakota-midstream.com, tim@dakota-midstream.com
and kristopher@dakota-midstream.com
October 13, 2021
Mr. Heath Norman & Mr. Tim Reynolds
Co-Chief Executive Officers
Dakota Midstream
708 Main St., 10th Floor,
Houston, TX 77002
CPF 3-2021-060-NOA
Dear Mr. Norman & Mr. Reynolds:
On March 18, April 8, May 18-20, and May 27, 2021, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States
Code virtually inspected Dakota Midstream LLC’s (DM) procedures for operations and
maintenance, damage prevention, public awareness, operator qualifications, design and
construction, facilities and storage, emergency preparedness, reporting and time-dependent
threats.
On the basis of the inspection, PHMSA has identified the apparent inadequacies found within
DM’s plans or procedures, as described below:
1. § 195.402 Procedural manual for operations, maintenance, and emergencies.
(a) . . .
(c) Maintenance and normal operations. The manual required by paragraph (a) of
this section must include procedures for the following to provide safety during
maintenance and normal operations:
(13) Periodically reviewing the work done by operator personnel to determine the
effectiveness of the procedures used in normal operation and maintenance and
taking corrective action where deficiencies are found.



DM’s procedures are inadequate because there is no documentation requirement for review of
procedures for effectiveness. Also, annual review of critical procedures is specified whereas the
intent is for all O&M procedures to be reviewed over a period specified by the operator. Next, the
procedure does not have criteria to determine effectiveness. Finally, the focus in the current
procedure is on training operators on the procedures whereas the intent of this code section is to
determine if procedures are effective not if technicians are following the procedure as currently
written. DM must amend its procedures to comply with 195.402(c)(13).
2. § 195.452 Pipeline integrity management in high consequence areas.
(a) . . .
(f) What are the elements of an integrity management program? An integrity
management program begins with the initial framework. An operator must
continually change the program to reflect operating experience, conclusions drawn
from results of the integrity assessments, and other maintenance and surveillance
data, and evaluation of consequences of a failure on the high consequence area. An
operator must include, at minimum, each of the following elements in its written
integrity management program:
(1) A process for identifying which pipeline segments could affect a high
consequence area;
DM’s procedures are inadequate because there is no procedure for periodic review to determine if
new HCAs have been identified that could be affected by DM’s pipeline system and facilities. DM
must amend its procedures to comply with 195.452 (f)(1). Also, the procedure must have a
recordkeeping component that highlights the conclusions drawn.
3. § 195.505 Qualification program.
Each operator shall have and follow a written qualification program. The program
shall include provisions to:
(a) Identify covered tasks;
DM’s procedures are inadequate because their covered task list does not include composite wrap
which is mentioned in their OQ program but not in the covered task list. Also, their covered task
list does not include pipefitting of screw-type fittings or small valves. DM must amend its
procedures to include all covered tasks performed on its pipeline.
2



4. § 195.505 Qualification program.
Each operator shall have and follow a written qualification program. The program
shall include provisions to:
(a) . . .
(h) After December 16, 2004, provide training, as appropriate, to ensure that
individuals performing covered tasks have the necessary knowledge and skills to
perform the tasks in a manner that ensures the safe operation of pipeline facilities.
DM’s procedures are inadequate because their training program contains insufficient detail
regarding what, how, when, and where individuals will receive training. DM must amend its
procedures to provide detail on its training program.
5. § 195.505 Qualification program.
Each operator shall have and follow a written qualification program. The program
shall include provisions to:
(a) . . .
(f) Communicate changes that affect covered tasks to individuals performing those
covered tasks; and
DM’s procedures are inadequate because their OQ program contains insufficient detail regarding
how the operator will:
 Ensure the qualification process is communicated to the contractors performing
covered tasks on behalf of the operator.
 Ensure that the process for a non-qualified person to perform a covered task is
communicated to contractor personnel.
 Ensure the process for disqualification and requalification is communicated to the
contractor.
 Ensure that the process for communicating any changes to the OQ plan that the
contractor needs to be aware of are presented to the contractor.
Specifically, DM must amend its procedures to provide details on its communications with
contractors regarding its OQ program requirements to state the what, who, how, when, and where
of the process.
3



Response to this Notice
This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as
part of this Notice is a document entitled Response Options for Pipeline Operators in Enforcement
Proceedings. Please refer to this document and note the response options. Be advised that all
material you submit in response to this enforcement action is subject to being made publicly
available. If you believe that any portion of your responsive material qualifies for confidential
treatment under 5 U.S.C. 552(b), along with the complete original document you must provide a
second copy of the document with the portions you believe qualify for confidential treatment
redacted and an explanation of why you believe the redacted information qualifies for confidential
treatment under 5 U.S.C. 552(b).
Following the receipt of this Notice, you have 30 days to submit written comments, revised
procedures, or a request for a hearing under §190.211. If you do not respond within 30 days of
receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice
and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice
without further notice to you and to issue an Order Directing Amendment. If your plans or
procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans
or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this
Notice, we propose that you submit your amended procedures to my office within [number of days]
days of receipt of this Notice. This period may be extended by written request for good cause.
Once the inadequacies identified herein have been addressed in your amended procedures, this
enforcement action will be closed.
It is requested (not mandated) that Dakota Midstream maintain documentation of the safety
improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of
plans, procedures) and submit the total to Gregory A. Ochs, Director, Central Region, OPS,
Pipeline and Hazardous Materials Safety Administration. In correspondence concerning this
matter, please refer to CPF 3-2021-060-NOA and, for each document you submit, please provide
a copy in electronic format whenever possible.
Sincerely,
Gregory A. Ochs
Director, Central Region, OPS
Pipeline and Hazardous Materials Safety Administration
Enclosure: Response Options for Pipeline Operators in Enforcement Proceedings
cc: Mr. Kristopher Coe, Project Manager, Dakota Midstream, LLC, 1600 Broadway,
Suite 1300, Denver, CO 80202 (kristopher@Dakota-Midstream.com)
4

32021060NOA_Closure Letter_03042022_(21-200404)_text.pdf

VIA ELECTRONIC MAIL TO: heath@dakota-midstream.com, tim@dakota-midstream.com
and kristopher@dakota-midstream.com
March 4, 2022
Mr. Heath Norman & Mr. Tim Reynolds
Co-Chief Executive Officers
Dakota Midstream
708 Main St., 10th Floor,
Houston, TX 77002
Re: CPF 3-2021-060-NOA
Dear Mr. Norman & Mr. Reynolds:
On March 18, April 8, May 18-20, and May 27, 2021, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United
States Code, virtually inspected Dakota Midstream LLC’s (DM) procedures for operations and
maintenance, damage prevention, public awareness, operator qualifications, design and
construction, facilities and storage, emergency preparedness, reporting and time-dependent
threats. As a result of the inspection, Dakota Midstream was issued a Notice of Amendment on
July 12, 2021, which proposed amendment of your procedures.
Dakota Midstream submitted its amended procedures on November 12, 2021. My staff reviewed
the amended procedures, and it appears that the inadequacies outlined in this Notice of
Amendment have been corrected.
This letter is to inform you no further action is necessary and this case is now closed. Thank you
for your cooperation.
Sincerely,
Gregory A. Ochs
Director, Central Region, OPS
Pipeline and Hazardous Materials Safety Administration
cc: Mr. Kristopher Coe, Project Manager, Dakota Midstream, LLC, 1600 Broadway, Suite
1300, Denver, CO 80202 (kristopher@Dakota-Midstream.com)
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