# DTM BIRDSBORO PIPELINE, LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 32022047NOPV
- **title:** DTM BIRDSBORO PIPELINE, LLC — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2022-05-12
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.631(b), 192.631(c)(1), 192.631(c)(4), 192.631(e)(1), 192.631(j)(1).
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- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/32022047NOPV
**body:**

Notice of Probable Violation involving DTM BIRDSBORO PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 192.631(b),  192.631(c)(1),  192.631(c)(4),  192.631(e)(1),  192.631(j)(1). The case was opened on 2022-05-12 and is reported as closed as of 2023-03-27. Proposed civil penalty: $5,800. Assessed civil penalty: $5,800. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

32022047NOPV_Closure Letter_03272023_(21-201425).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022047NOPV/32022047NOPV_Closure%20Letter_03272023_(21-201425).pdf

32022047NOPV_Closure Letter_03272023_(21-201425)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022047NOPV/32022047NOPV_Closure%20Letter_03272023_(21-201425)_text.pdf

32022047NOPV_Final Order_08022022_(21-201425).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022047NOPV/32022047NOPV_Final%20Order_08022022_(21-201425).pdf

32022047NOPV_Final Order_08022022_(21-201425)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022047NOPV/32022047NOPV_Final%20Order_08022022_(21-201425)_text.pdf

32022047NOPV_PCP PCO_05122022_(21-201425).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022047NOPV/32022047NOPV_PCP%20PCO_05122022_(21-201425).pdf

32022047NOPV_PCP PCO_05122022_(21-201425)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022047NOPV/32022047NOPV_PCP%20PCO_05122022_(21-201425)_text.pdf

32022047NOPV_Closure Letter_03272023_(21-201425)_text.pdf

VIA 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

August 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



U.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



49 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



be 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
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