{"operation":"document","citation":"CPF 320215003M","title":"DAPL-ETCO OPERATIONS MANAGEMENT, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-01-26","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(2), 195.402(c)(3), 195.402(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320215003m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320215003m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320215003m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320215003M","body":"Notice of Amendment involving DAPL-ETCO OPERATIONS MANAGEMENT, LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(2),  195.402(c)(3),  195.402(d). The case was opened on 2021-01-26 and is reported as closed as of 2021-04-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320215003M_Closure Letter_04202021_(19-164052S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/320215003M/320215003M_Closure%20Letter_04202021_(19-164052S).pdf\n\n320215003M_Closure Letter_04202021_(19-164052S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320215003M/320215003M_Closure%20Letter_04202021_(19-164052S)_text.pdf\n\n320215003M_Notice of Amendment_01262021.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320215003M/320215003M_Notice%20of%20Amendment_01262021.pdf\n\n320215003M_Notice of Amendment_01262021_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320215003M/320215003M_Notice%20of%20Amendment_01262021_text.pdf\n\n320215003M_Operator Response to Notice_04122021_(19-164052S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/320215003M/320215003M_Operator%20Response%20to%20Notice_04122021_(19-164052S).pdf\n\n320215003M_Notice of Amendment_01262021_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: Matthew.Ramsey@energytransfer.com,\nGregory.Mcilwain@energytransfer.com, Eric.Amundsen@energytransfer.com and\nTodd.Nardozzi@energytransfer.com\nJanuary 26, 2021\nMatt Ramsey\nChief Operating Officer\nEnergy Transfer\nDAPL-ETCO Operation Management, LLC\n8111 Westchester\nDallas, TX 75225\nCPF 3-2021-5003M\nDear Mr. Ramsey:\nOn April 29, 2019 to August 30, 2019, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nEnergy Transfer Company procedures for written operations and maintenance (O&M)\nprocedures in in Houston, Texas.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nEnergy Transfer Company plans or procedures, as described below:\n\n\n\n1. 2. § 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(1)…\n(2) Gathering of data needed for reporting accidents under subpart B of this part in\na timely and effective manner.\nEnergy Transfer procedure HLA.15 (Effective Date 11/01/18) “Accident Reporting\nAppendix E” did not provide adequate instructions regarding how the operator will\ncompute “Estimated cost of Operator's emergency response” (required by DOT Form\n7000-1). It specifically did not include instructions for computing materials, supplies,\nlabor, and benefits in an emergency response. Additionally, the cost of operator personnel\nsalary and benefits for responding to an emergency were not included for each of the\nfollowing: emergency response operations necessary to return the accident site to a safe\nstate; actions to minimize the volume of commodity released; conduct reconnaissance;\nidentify the extent of accident’s impacts; and contain, control, mitigate, recover, and\nremove the commodity from the environment to the maximum extent practicable.\nEnergy Transfer must amend its procedures to provide detailed instructions for\ncomputing materials, supplies, labor, and benefits in an emergency response in\naccordance with 195.402(c)(2).\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(1)…\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.\nEnergy Transfer procedure “HLM.01 PHMSA Mainline Valve Inspection, Maintenance\nand Operation” fails to adequately define and document methodology to determine what\nvalves are necessary for the safe operation of a pipeline in accordance with 195.402(c)(3)\nand 195.420(a). While the procedure defines mainline valves and remote-control valves\nin section six, it does not explain how these defined terms were determined to be the only\nvalves necessary for the safe operation of the pipeline.\nTherefore, Energy Transfer must amend its procedure to provide a methodology to\nidentify all valves necessary for the safe operation in addition to those already identified\nas mainline valves.\n2\n\n\n\n3. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a)…\n(d) Abnormal operation. The manual required by paragraph (a) of this section must\ninclude procedures for the following to provide safety when operating design limits\nhave been exceeded:\n(1)…\nEnergy Transfer failed to have adequate procedures regarding abnormal operations. An\nabnormal operation can be identified by the field and not be reviewed by the control\nroom; the opposite exists as well. Energy Transfer failed to integrate the two different\nprocedures and record keeping systems for documenting abnormal operations. The field\nuses the INTELEX database and ETC procedure HLA.13. The control room used\nprocedure CRM.09 and the IMPACT database along with Form 15(F-15).\nTherefore, Energy Transfer must amend its procedures to combine or cross reference, the\nprocedures and databases to ensure abnormal operations are properly documented and\nreviewed.\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). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n45 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\n3\n\n\n\nIt is requested (not mandated) that Energy Transfer Company maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Gregory A. Ochs, Director,\nCentral Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 3-2021-5003M and, for each document you submit,\nplease provide a 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: Gregory.Mcilwain@energytransfer.com, Senior VP Liquids Operations ,\nEric Amundsen, Senior VP Gas Operations, Eric.Amundsen@energytransfer.com\nTodd Nardozzi, Director Regulatory Compliance, todd.nardozzi@energytransfer.com\n4\n\n320215003M_Closure Letter_04202021_(19-164052S)_text.pdf\n\nVIA ELECTRONIC MAIL TO: Matthew.Ramsey@energytransfer.com,\nGregory.Mcilwain@energytransfer.com, Eric.Amundsen@energytransfer.com and\nTodd.Nardozzi@energytransfer.com\nApril 20, 2021\nMatt Ramsey\nChief Operating Officer\nEnergy Transfer\n8111 Westchester\nDallas, TX 75225\nRe: CPF 3-2021-5003M\nDear Mr. Ramsey:\nFrom April 29, 2019 to August 30, 2019, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Energy Transfer Company procedures for written operations and maintenance (O&M)\nprocedures in in Houston, Texas.\nEnergy Transfer Company submitted its amended procedures on April 20, 2021. My staff\nreviewed the 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","truncated":false,"body_characters":9429}