{"operation":"document","citation":"CPF 32022054NOA","title":"NST EXPRESS LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-09-07","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022054noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022054noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022054noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32022054NOA","body":"Notice of Amendment involving NST EXPRESS LLC. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(3). The case was opened on 2022-09-07 and is reported as closed as of 2023-03-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32022054NOA_Closure Letter_03072023_(21-209703).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022054NOA/32022054NOA_Closure%20Letter_03072023_(21-209703).pdf\n\n32022054NOA_Closure Letter_03072023_(21-209703)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022054NOA/32022054NOA_Closure%20Letter_03072023_(21-209703)_text.pdf\n\n32022054NOA_Notice of Amendment_09072022_(21-209703).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022054NOA/32022054NOA_Notice%20of%20Amendment_09072022_(21-209703).pdf\n\n32022054NOA_Notice of Amendment_09072022_(21-209703)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022054NOA/32022054NOA_Notice%20of%20Amendment_09072022_(21-209703)_text.pdf\n\n32022054NOA_Operator Response to Notice_10052022_(21-209703).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022054NOA/32022054NOA_Operator%20Response%20to%20Notice_10052022_(21-209703).pdf\n\n32022054NOA_Closure Letter_03072023_(21-209703)_text.pdf\n\nVIA ELECTRONIC MAIL TO: troby@bayoumidstream.com; sheimel@bayoumidstream.com;\nsnordgran@bayoumidstream.com\nMarch 7, 2023\nTravis Roby\nChief Executive Officer\nBayou Midstream/NST Express, LLC\n820 Gessner RD 1450\nHouston, Texas 77024\nRE: CPF 3-2022-054-NOA\nDear Mr. Roby:\nFrom August 30, 2021 through October 22, 2021, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\ninspected Northstar Express, LLC’s (NST) Operations and Maintenance (O&M) manual of procedures,\nOperator Qualification (OQ) program, and the Integrity Management Plan (IMP) in Fairview, North\nDakota and The Woodlands, Texas. As a result of the inspection, NST was issued a Notice of\nAmendment on September 7, 2022, which proposed amendment of your procedures.\nNST submitted its amended procedures on October 5, 2022 and February 24, 2023. My staff has\nreviewed the amended procedures, and it appears that the inadequacies outlined in the 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 for\nyour cooperation.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Stephen Heimel (sheimel@bayoumidstream.com)\nSpencer Nordgran (snordgran@bayoumidstream.com)\n\n32022054NOA_Notice of Amendment_09072022_(21-209703)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: troby@bayoumidstream.com; tnellermoe@bayoumidstream.com\nSeptember 7, 2022\nTravis Roby\nChief Executive Officer\nBayou Midstream / NST Express, LLC\n820 Gessner RD 1450\nHouston, Texas 77024\nCPF 3-2022-054-NOA\nDear Mr. Roby:\nFrom August 30, 2021 through October 22, 2021, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\ninspected Northstar Express, LLC’s (NST) Operations and Maintenance (O&M) manual of procedures,\nOperator Qualification (OQ) program, and the Integrity Management Plan (IMP) in Fairview, North\nDakota and The Woodlands, Texas. On the basis of the inspection, PHMSA has identified the\napparent inadequacies found within Northstar Express, LLC’s plans and/or procedures, as described\nbelow:\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 this\nsection 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 each of\nthe requirements of this subpart and subpart H of this part.\nNST’s procedures were inadequate to ensure safety when excavating around its pipelines.\nNST’s procedures in its O&M Section 8 – Pipeline Repairs, and Section 16 – Damage\nPrevention were reviewed during the inspection and found to lack a defined exclusion zone for\nheavy equipment excavating around an active pipeline. NST’s excavation procedures must be\nrevised to include guidelines for hand digging in the area directly over or beside the pipeline\nand for preventing excavation equipment from striking the pipeline.\n\n\n\n2. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection 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 each of\nthe requirements of this subpart and subpart H of this part.\nNSTs O&M procedures for corrosion control of breakout tanks were inadequate because they\ndid not follow the requirements of § 195.565 to address how corrosion will be controlled on\nsteel breakout tanks installed on concrete pads. Operators must follow Section 5.3.3.3 of\nANSI/API RP 651 (2007) which states “care should be observed with tanks on concrete pads\nsince cathodic protection most likely will not reduce any corrosion that might occur.\n” RP 651\ndoes not make the installation of cathodic protection (CP) optional, rather it indicates that\noperators must take additional steps beyond CP.\nIn accordance with API RP 651, NST procedures must be revised to describe how corrosion\nwill be controlled and monitored for tanks on concrete pads. Additionally, if CP is not installed\non a tank, the procedures must prescribe how additional steps in protecting the tank from\ncorrosion are equivalent or superior to the installation of CP.\n3. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection 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 each of\nthe requirements of this subpart and subpart H of this part.\nNST’s procedures for monitoring cathodic protection (CP) levels on breakout tanks with a\nsecondary containment liner are inadequate because they do not provide detail on the use of\npermanent reference cells. NST’s corrosion procedures must be revised to include detail in\ndescribing how to monitor CP levels by reading from the leads connected to permanent\nreference cells installed on tanks.\n4. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection 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 each of\nthe requirements of this subpart and subpart H of this part.\n\n\n\nNST’s procedures for controlling atmospheric corrosion in accordance with § 195.583 were\ninadequate because they lacked detail in defining detrimental corrosion. Specifically, the\nprocedures failed to differentiate between a light surface oxide and corrosion resulting in\npitting or metal loss that is damaging to the pipeline. Additionally, the procedures lacked\ndetailed guidance on how to properly repair damaged coating at the soil transition.\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 part\nof this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings.\nPlease refer to this document and note the response options. Be advised that all material you submit in\nresponse to this enforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along\nwith the complete original document you must provide a second copy of the document with the\nportions you believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies 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 receipt\nof this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and\nauthorizes 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 procedures\nare found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures\nto correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this Notice, we propose\nthat you submit your amended procedures to my office within 60 days of receipt of this Notice. This\nperiod may be extended by written request for good cause. Once the inadequacies identified herein\nhave been addressed in your amended procedures, this enforcement action will be closed.\nIt is requested that Northstar Express, LLC, maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and\nsubmit the total to Gregory Ochs, Director, Central Region, Pipeline and Hazardous Materials Safety\nAdministration. In correspondence concerning this matter, please refer to CPF 3-2022-054-NOA and,\nfor each document you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: Travis Nellermoe, Area Operations Manager, Bayou Midstream Bakken,\ntnellermoe@bayoumidstream.com","truncated":false,"body_characters":10275}