{"operation":"document","citation":"CPF 32022065NOA","title":"TC OIL PIPELINE OPERATIONS INC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-11-04","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3), 195.452(b)(4)(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022065noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022065noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022065noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32022065NOA","body":"Notice of Amendment involving TC OIL PIPELINE OPERATIONS INC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.452(b)(4)(i). The case was opened on 2022-11-04 and is reported as closed as of 2023-04-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32022065NOA_Closure Letter_04102023_(21-201326).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022065NOA/32022065NOA_Closure%20Letter_04102023_(21-201326).pdf\n\n32022065NOA_Closure Letter_04102023_(21-201326)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022065NOA/32022065NOA_Closure%20Letter_04102023_(21-201326)_text.pdf\n\n32022065NOA_Notice of  Amendment_11042022_(21-201326).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022065NOA/32022065NOA_Notice%20of%20%20Amendment_11042022_(21-201326).pdf\n\n32022065NOA_Notice of  Amendment_11042022_(21-201326)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022065NOA/32022065NOA_Notice%20of%20%20Amendment_11042022_(21-201326)_text.pdf\n\n32022065NOA_Notice of  Amendment_11042022_(21-201326)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: richard prior@tcenergy.com;\njessica_kirstine@tcenergy.com; tommy_mikalson@tcenergy.com\nNovember 4, 2022\nRichard Prior\nPresident, Liquids Pipelines\n700 Louisiana St, Suite 800\nHouston, TX 77002\nCPF 3-2022-065-NOA\nDear Mr. Prior:\nFrom March 29, 2021 to February 1, 2022, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\ninspected TC Oil Pipeline Operations Inc.’s (TCE) procedures for Operation and Maintenance\nand Integrity Management.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nTCE’s plans or procedures as described below:\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\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.\nTC Oil Pipeline Operations Inc.’s Operations and Maintenance procedure, “195.414 Inspection\nof Pipelines in Areas Affected by Extreme Weather and Natural Disasters” effective December\n14, 2020, fails to adequately meet the requirements of § 195.414.\nSpecifically, TCE’s procedure does not properly reference all of the potential extreme weather\nevents and/or natural disasters that have a likelihood of damage to infrastructure. Furthermore,\nthe procedure does not address how the event will be identified by the process.\nTherefore, TCE must amend its procedure to properly indicate all potential extreme weather\nevents and natural disasters that need to be accounted for and how they will be identified.\n\n\n\n2. § 195.452 Pipeline integrity management in high consequence areas.\n(a) . . . .\n(b) What program and practices must operators use to manage pipeline integrity? Each\noperator of a pipeline covered by this section must:\n(1) . . . .\n(4) Include in the program a framework that –\n(i) Addresses each element of the integrity management program under paragraph\n(f) of this section, including continual integrity assessment and evaluation under\nparagraph (j) of this section; and\nTC Oil Pipeline Operations Inc.’s “TEP-IN-CPS-HCA-L HCA Identification and Procedure for\nCreating CPS and HCA Lists (US)” procedure effective December 3, 2018, which is referenced\nby Sec 6.3.2 the US-LIQ-IMP US Hazardous Liquid Integrity Management Program including\nHigh Consequence Areas (Onshore) (US) procedure effective October 23, 2020 fails to address a\nprocess for approving and defining adequate and convincing technical justification for\nconcluding that any segment in an HCA, or potentially affecting an HCA, would not affect an\nHCA. The process does not allow for the removal or editing of polygons provided by NPMS.\nTCE is using a contractor to gather HCA polygons defining highly populated areas, other\npopulated areas, unusually sensitive drinking water areas, unusually sensitive ecological areas,\nand navigable waterways. The contractor has provided technical justification as to why certain\nHCA polygons can be removed or trimmed to which TCE has stated they have approved.\nTCE provided an Excel spreadsheet with the following additional locations were removed or\nredrawn:\n• 3 other populated areas\n• 429 drinking water USAs\n• 365 ecological USAs\nTCE provided the following revision to its procedure to be published before May 1, 2022, which\nsatisfies this inadequacy:\n“QC of HCA Records and Analysis\nAn external vendor gathers data and executes the HCA identification process. Data\ngathered and generated through the HCA analysis has multiple QC processes, including:\n• Review by a GIS specialist\n• HCA data received from the NPMS is validated with the most current data\navailable from source agencies: federal, state, and non-profit\n• Refinement (enlargement or reduction) of populated area HCA polygons based\nupon aerial imagery representative of where people collectively live, work and\nplay\n• De-activation of HCAs which no longer meet the definition of an HCA, or which\nare considered inactive\n• Attribute table review, including queries and logical rules\nThese multiple levels of QC improve the accuracy and completeness of the final\ndatasets.”\n\n\n\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.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 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\n90 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. In regard to Item 2 of the letter, no further\naction is required.\nIt is requested (not mandated) that TC Oil Pipeline Operations Inc 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 Ochs, Director,\nCentral Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 3-2022-065-NOA and, for each document you\nsubmit, please provide a copy in electronic format whenever possible.\nSincerely,\nGregory Ochs\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: Jessica Kirstine, DOT Compliance Primary, TC Oil Pipeline Operations, Inc.,\njessica_kirstine@tcenergy.com\nTommy Mikalson, DOT Compliance Asst. , TC Oil Pipeline Operations, Inc.,\ntommy mikalson@tcenergy.com\n\n32022065NOA_Closure Letter_04102023_(21-201326)_text.pdf\n\nVIA ELECTRONIC MAIL TO: richard prior@tcenergy.com;\njessica kirstine@tcenergy.com; tommy mikalson@tcenergy.com\nApril 10, 2023\nRichard Prior\nPresident, Liquids Pipelines\nTC Oil Pipeline Operations Inc.\n700 Louisiana St, Suite 800\nHouston, TX 77002\nRE: CPF 3-2022-065-NOA\nDear Mr. Prior:\nFrom March 29, 2021 to February 1, 2022, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of TC Oil Pipeline Operations Inc.’s / TC Energy\n(TCE) procedures for Operation and Maintenance and Integrity Management.. As a result of the\ninspection, TCE was issued a Notice of Amendment on November 4, 2022, which proposed\namendment of your procedures.\nTCE submitted its amended procedures on December 2, 2022. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\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, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Jessica Kirstine, DOT Compliance Primary, TC Oil Pipeline Operations, Inc.,\njessica_kirstine@tcenergy.com\nTommy Mikalson, DOT Compliance Asst. , TC Oil Pipeline Operations, Inc.,\ntommy mikalson@tcenergy.com","truncated":false,"body_characters":9821}