{"operation":"document","citation":"CPF 420201011M","title":"ANR PIPELINE CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-11-16","effective_on":null,"summary":"CLOSED notice of amendment citing 192.225(a), 192.616(a), 192.616(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420201011m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420201011m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420201011m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420201011M","body":"Notice of Amendment involving ANR PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 192.225(a),  192.616(a),  192.616(c). The case was opened on 2020-11-16 and is reported as closed as of 2021-04-30. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420201011M_Closure Letter_04302021_(18-163745S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201011M/420201011M_Closure%20Letter_04302021_(18-163745S).pdf\n\n420201011M_Closure Letter_04302021_(18-163745S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201011M/420201011M_Closure%20Letter_04302021_(18-163745S)_text.pdf\n\n420201011M_Notice of Amendment_ 11162020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201011M/420201011M_Notice%20of%20Amendment_%2011162020.pdf\n\n420201011M_Notice of Amendment_ 11162020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201011M/420201011M_Notice%20of%20Amendment_%2011162020_text.pdf\n\n420201011M_Notice of Amendment_ 11162020_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nNovember 16, 2020\nStanley Chapman III\nExecutive VP & President U.S. Pipelines\nANR Pipeline Company\n700 Louisiana Street\nHouston, Texas 77002\nCPF 4-2020-1011M\nDear Mr. Chapman:\nFrom March 8, 2019 through January 8, 2020, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected ANR Pipeline Company’s procedures for its Southwest North (Mid America Region -\nSoutheast Mainline) Pipelines, Loop Lines 501, 1-501, and 2-501, and System 1168 in Louisiana,\nMississippi, Arkansas, Tennessee, and Kentucky.\nBased on the inspection, PHMSA has identified the apparent inadequacies found within ANR\nPipeline Company’s plans or procedures, as described below:\n1. § 192.225 Welding procedures\n(a) Welding must be performed by a qualified welder or welding operator in\naccordance with welding procedures qualified under section 5, section 12, Appendix\nA or Appendix B of API Std 1104 (incorporated by reference, see § 192.7), or section\nIX of the ASME Boiler and Pressure Vessel Code (ASME BPVC) (incorporated by\nreference, see § 192.7) to produce welds meeting the requirements of this subpart. The\nquality of the test welds used to qualify welding procedures must be determined by\ndestructive testing in accordance with the applicable welding standard(s).\n\n\n\n2\nANR Pipeline Company’s (ANR) qualified welding procedures did not identify the correct edition\nof API Standard 1104 that is incorporated by reference in § 192.225. During the inspection, the\nPHMSA inspector reviewed the following ANR qualified welding procedures: X70-0-GW-10,\ndated May 8, 2012; X60-0-BW-19, dated April 25, 2011; X60-0-GW-01, dated April 25, 2011;\nX70-08-RP-12, dated September 6, 2011; and X70-8-RP-13, dated September 6, 2011.\nThese welding procedures state that “The information in this data sheet is correct and based on\nwelding procedure specifications that meet the qualification requirements of the latest edition of\nAPI 1104.” Additionally, the welding procedures either stated that “NDT – 100% MPI in\naccordance with the requirements of the current edition of API 1104” or “NDT – 100%\nradiography in accordance with the requirements of the current edition of API 1104.” ANR’s\nwelding procedures do not specify the edition of API Standard 1104 that is incorporated by\nreference in Part 192a but instead referred to the “latest edition” or “current edition” of API\nStandard 1104.\nANR must amend its qualified welding procedures to specify the edition of API Standard 1104\nthat is incorporated by reference in Part 192.\n2. § 192.616 Public Awareness\n(a) Except for an operator of a master meter or petroleum gas system covered under\nparagraph (j) of this section, each pipeline operator must develop and implement\na written continuing public education program that follows the guidance provided\nin the American Petroleum Institute's (API) Recommended Practice (RP) 1162\n(incorporated by reference, see § 192.7).\nANR’s TC Energy Public Awareness Program (US) (PAP), dated September 3, 2019, was\ninadequate because it did not follow the general program recommendations provided in Sections\n2, 4, and 6 of the American Petroleum Institute’s (API) Recommended Practice (RP) 1162,\nincorporated by reference in § 192.616(a).\nANR’s PAP did not include the supplemental enhancements required by API RP 1162, Section\n6.1.3, Coverage Areas. A review of ANR’s PAP revealed that the PAP did not include “Table 6-\n1.” Specifically, “Table 6-1” is referenced under Section 12 Supplemental Enhancements –\nBroader Coverage Areas, when discussing broadening the area of coverage beyond those defined\nin “Table 6-1.”\nANR must amend its PAP to include Table 6-1.\na Section 192.7(b)(9) identifies “API Standard 1104, “Welding of Pipelines and Related Facilities,” 20th edition,\nOctober 2005, including errata/addendum (July 2007) and errata 2 (2008), (API Std 1104),” as the edition\nincorporated by reference in §§ 192.225(a); 192.227(a); 192.229(c); 192.241(c); and Item II, Appendix B.\n\n\n\n3\n3. § 192.616 Public Awareness\n(a) . . .\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why compliance\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nANR’s PAP is inadequate because it did not include specific delivery methods and delivery\nfrequencies for supplement communications that the company had identified. Specifically, in\nANR’s most recent 2018 Effectiveness Review, ANR selected the agricultural community in\ndeveloping a new targeted communications strategy for this community; however, ANR did not\ninclude any communication methods or frequencies to address this supplemental enhancement for\nthe agriculture community in its PAP. Additionally, “Table 8-1 Baseline Delivery Frequency and\nMethod of Delivery” of ANR’s PAP utilizes the term “ongoing” to describe the supplemental\ndelivery frequency. However, this term is ambiguous and does not provide a clear definition of\n“delivery frequencies or methods.”\nANR must amend its PAP to incorporate the supplemental enhancement that it identified for\nagricultural communications in its 2018 Effectiveness Review. ANR must also amend its PAP to\nprovide a more definitive delivery frequency and method for the supplemental delivery frequency\nin “Table 8-1.”\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 Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document, you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment 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 Notice\nand authorizes 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\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\n\n\n\n4\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that ANR Pipeline Company maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Mary McDaniel, Director, Southwest Region, Pipeline\nand Hazardous Materials Safety Administration. In all correspondence concerning this matter,\nplease refer to CPF 4-2020-1011M, and for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n\n420201011M_Closure Letter_04302021_(18-163745S)_text.pdf\n\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nApril 30, 2021\nStanley Chapman, III\nExecutive VP & President U.S. Pipelines\nTC Energy\n700 Louisiana Street\nHouston, Texas 77002\nCPF 4-2020-1011M\nDear Mr. Chapman:\nFrom March 8, 2019 through January 8, 2020, 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 Energy’s subsidiary, ANR Pipeline\nCompany’s procedures for its Southwest North (Mid America Region - Southeast Mainline)\nPipelines, Loop Lines 501, 1-501, and 2-501, and System 1168 in Louisiana, Mississippi,\nArkansas, Tennessee, and Kentucky. As a result of the inspection, ANR Pipeline Company was\nissued a Notice of Amendment on November 16, 2020, which proposed an amendment of its\nprocedures.\nANR Pipeline Company submitted its amended procedures on December 16, 2020, followed by a\nsupplemental amendment of those procedures on February 8, 2021. PHMSA staff reviewed the\namended procedures, and it appears that the inadequacies outlined in the Notice of Amendment\nhave 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,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":10550}