{"operation":"document","citation":"CPF 42021051WL","title":"DAPL-ETCO OPERATIONS MANAGEMENT, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-10-04","effective_on":null,"summary":"CLOSED warning letter citing 195.222(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021051wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021051wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021051wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42021051WL","body":"Warning Letter involving DAPL-ETCO OPERATIONS MANAGEMENT, LLC. PHMSA's enforcement data identifies the cited regulation as 195.222(a). The case was opened on 2021-10-04 and is reported as closed as of 2021-10-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42021051WL_Warning Letter_10042021_(21-215496).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021051WL/42021051WL_Warning%20Letter_10042021_(21-215496).pdf\n\n42021051WL_Warning Letter_10042021_(21-215496)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021051WL/42021051WL_Warning%20Letter_10042021_(21-215496)_text.pdf\n\n42021051WL_Warning Letter_10042021_(21-215496)_text.pdf\n\nWARNING LETTER\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nOctober 4, 2021\nMatt Ramsey\nChief Operating Officer\nEnergy Transfer\n8111 Westchester Drive\nDallas, Texas 75225\nCPF 4-2021-051-WL\nDear Mr.Ramsey:\nFrom June 21, 2021 through June 25, 2021, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected DAPL-ETCO Operations Management, LLC’s (DAPL) Dakota Access\nPipeline Expansion in Shaw, Mississippi.\nAs a result of the inspection, it is alleged that DAPL has committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. § 195.222 - Welders and welding operators: Qualification of welders and welding\noperators.\n(a) Each welder or welding operator must be qualified in accordance with section 6,\nsection 12, Appendix A or Appendix B of API Std 1104 (incorporated by\nreference, see § 195.3), or section IX of the ASME Boiler and Pressure Vessel Code\n(ASME BPVC), (incorporated by reference, see § 195.3) except that\na welder or welding operator qualified under an earlier edition than listed in § 195.3,\nmay weld but may not requalify under that earlier edition.\nDAPL’s welder qualification testing records did not demonstrate compliance with\n§ 195.222(a). Specifically, DAPL’s records lacked the welder qualification test details as\nrequired by API STANDARD 1104, Welding of Pipelines and Related Facilities, 6.8 Records\n(20th Edition), which states, “A record shall be maintained of the tests given to each welder\nand of the detailed results of each test. A form similar to that shown in Figure 2 should be used.\n(This form should be developed to suit the needs of the individual company but must be\n\n\n\nsufficiently detailed to demonstrate that the qualification test met the requirements of this\nstandard).”\nDAPL’s Welder Qualification Reports ETC-A13A-Shaw Pump Station and Welder\nQualification Reports ETC-A112-A-Shaw Pump Station were captured in the operator’s\nWelder Qualification Database. These test records for welders utilizing welding procedures\nETC-A13A, ETC-A13A-F, and ETC-A112A only provided a “Yes” or “No” box to be checked\non the database’s electronic form to record if the welding procedure had been followed. None\nof the actual welding parameters under the control of the welder, such as voltage, amperage,\ntravel speed, et cetera, were documented in the electronic record as shown in “Figure 2-Sample\nCoupon Test Report” provided by API STD 1104.\nPer DAPL personnel, such details were captured in the welding inspectors’ notes and tally\nbooks at the time of testing. However, the inspectors’ notes were subsequently condensed to\nonly a “Yes” or “No” level of detail with regard to whether all welding procedure parameters\nwere observed. Without these specific details, the current electronic form does not provide\nadequate documentation confirming that the welder qualification was performed to the\npreviously qualified procedure as required by API STD 1104. Therefore, DAPL’s welder\nqualification records do not meet the requirement for “sufficiently detailed” as stated in API\nSTANDARD 1104, Welding of Pipelines and Related Facilities, 6.8 Records (20th Edition) or\nper the requirements of §195.222.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, DAPL-ETCO Operations Management, LLC is\nsubject to a civil penalty not to exceed $225,134 per violation per day the violation persists, up to\na maximum of $2,251,334 for a related series of violations. For violations occurring on or after\nJanuary 11, 2021, and before May 3, 2021, the maximum penalty may not exceed $222,504 per\nviolation per day the violation persists, up to a maximum of $2,225,034 for a related series of\nviolations. For violations occurring on or after July 31, 2019, and before January 11, 2021, the\nmaximum penalty may not exceed $218,647 per violation per day the violation persists, up to a\nmaximum of $2,186,465 for a related series of violations. For violations occurring on or after\nNovember 27, 2018, and before July 31, 2019, the maximum penalty may not exceed $213,268\nper violation per day, with a maximum penalty not to exceed $2,132,679. For violation occurring\non or after November 2, 2015, and before November 27, 2018, the maximum penalty may not\nexceed $209,002 per violation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item identified in this letter. Failure to do so could result in\nDAPL-ETCO Operations Management, LLC being subject to additional enforcement action.\n2\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2021-051-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document, you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\ncc: Gregory Mcilwain, Senior VP Liquids Operations, Gregory.Mcilwain@energytransfer.com;\nTodd Nardozzi, Director Regulatory Compliance, todd.nardozzi@energytransfer.com\n3","truncated":false,"body_characters":6489}