DTM BIRDSBORO PIPELINE, LLC — Notice of Probable Violation

case documentOfficial PDF32022047NOPV_PCP PCO_05122022_(21-201425).pdf#

case documentOfficial PDF32022047NOPV_PCP PCO_05122022_(21-201425)_text.pdf#

32022047NOPV_Closure Letter_03272023_(21-201425)_text.pdf, page 1Official PDFVIA ELECTRONIC MAIL TO: david.slater@dtmidstream.com; philip.coleman@dtmidstream.com March 27, 2023 Mr. David Slater DTE Midstream Appalachia, LLC President/CEO 50 Woodward Avenue, Suite 2900 Detroit, MI 48226 Re: CPF 3-2022-047-NOPV Dear Mr. Slater: On August 2, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to DTE Midstream Appalachia, LLC (DTM Birdsboro Pipeline, LLC) (DTE/DTM) the Final Order in the above-referenced case. This Order included a Compliance Order and Civil Penalty assessment. Based on our review of the documentation DTE/DTM provided and confirmation of payment of the civil penalty, it has been determined that DTE/DTM have complied with the terms of this Order. Accordingly, this case is now closed and no further action is contemplated with respect to the matters involved in this case. Thank you for your cooperation in this matter. Sincerely, Gregory A. Ochs Director, Central Region, Office of Pipeline Safety Pipeline and Hazardous Materials Safety Administration#

32022047NOPV_Final Order_08022022_(21-201425)_text.pdf, page 1Official PDFAugust 2, 2022 VIA ELECTRONIC MAIL TO: david.slater@dtmidstream.com Mr. David Slater President and Chief Executive Officer DT Midstream, Inc. 500 Woodward Avenue, Suite 2900 Detroit, Michigan 48226 Re: CPF No. 3-2022-047-NOPV Dear Mr. Slater: Enclosed please find the Final Order issued in the above-referenced case. It makes findings of violation, assesses a civil penalty of $5,800, and specifies actions that need to be taken to comply with the pipeline safety regulations. When the civil penalty has been paid and the terms of the compliance order are completed, as determined by the Director, Central Region, this enforcement action will be closed. Service of the Final Order by e-mail is effective upon the date of transmission and acknowledgement of receipt as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. Gregory A. Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA Mr. Philip Coleman, Director, Codes and Regulatory, DT Midstream, Inc., philip.coleman@dtmidstream.com CONFIRMATION OF RECEIPT REQUESTED#

32022047NOPV_Final Order_08022022_(21-201425)_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) DT Midstream, Inc., ) CPF No. 3-2022-047-NOPV ) ) ) Respondent. ) ____________________________________) FINAL ORDER On May 12, 2022, pursuant to 49 C.F.R. § 190.207, the Director, Central Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to DT Midstream, Inc. (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 192. The Notice also proposed certain measures to correct the violations. Respondent did not contest the allegations of violation, the proposed civil penalty, or corrective measures. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 192.631(b) (Item 1) ─ Respondent failed to define the roles and responsibilities of a controller during normal, abnormal and emergency operating conditions, including those set forth in § 192.631(b)(1)-(5); 49 C.F.R. § 192.631(c)(1) (Item 2) ─ Respondent failed to provide its controllers with the information, tools, processes and procedures necessary for the controllers to carry out the roles and responsibilities the operator has defined by failing to implement sections 1, 4, 8, 9, 11.1, 11.3 of API RP 1165 whenever a SCADA system is added, expanded or replaced, unless the operator demonstrates that certain provisions of sections 1, 4, 8, 9, 11.1, 11.3 of API RP 1165 are not practical for the SCADA system used; 49 C.F.R. § 192.631(e)(1) (Item 3) ─ Respondent failed to have a written alarm management plan to provide for effective controller response to alarms because its plan failed to include provisions to review SCADA safety-related alarm operations using a process that ensures alarms are accurate and support safe pipeline operations; and#

32022047NOPV_Final Order_08022022_(21-201425)_text.pdf, page 349 C.F.R. § 192.631(c)(4) (Item 4) ─ Respondent failed to provide its controllers with the information, tools, processes, and procedures necessary for the controllers to carry out the roles and responsibilities the operator has defined by failing to test any backup SCADA systems at least once each calendar year, but at intervals not to exceed 15 months. These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. In accordance with 49 C.F.R. § 190.223, I assess Respondent a total civil penalty of $5,800. Payment of the civil penalty must be made within 20 days of service of this Final Order. Payment may be made by sending a certified check or money order (containing the CPF Number for this case), made payable to “U.S. Department of Transportation,” to the Federal Aviation Administration, Mike Monroney Aeronautical Center, Financial Operations Division (AMK- 325), 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169. Federal regulations (49 C.F.R. § 89.21(b)(3)) also permit payment to be made by wire transfer through the Federal Reserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed instructions are contained in the enclosure. Questions concerning wire transfers should be directed to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169. The Financial Operations Division telephone number is (405) 954-8845. Failure to pay the $5,800 civil penalty will result in accrual of interest at the current annual rate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to those same authorities, a late penalty charge of six percent (6%) per annum will be charged if payment is not made within 110 days of service. Furthermore, failure to pay the civil penalty may result in referral of the matter to the Attorney General for appropriate action in a district court of the United States. Compliance Actions Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the actions proposed in the enclosed Notice to correct the violations. The Director may grant an extension of time to comply with any of the required items upon a written request timely submitted by the Respondent and demonstrating good cause for an extension. Upon completion of the ordered actions, Respondent may request that the Director close the case. Failure to comply with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in referral to the Attorney General for appropriate relief in a district court of the United States. Warning Item With respect to Item 5, the Notice alleged probable violations of 49 C.F.R. §192.631(j)(1), but did not propose a civil penalty or compliance order for this item. Therefore, this is considered to#

32022047NOPV_Final Order_08022022_(21-201425)_text.pdf, page 4be a warning item. If OPS finds a violation of this provision in a subsequent inspection, Respondent may be subject to future enforcement action. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. August 2, 2022 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#