{"operation":"document","citation":"CPF 42022031NOA","title":"HARVEST MIDSTREAM COMPANY — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-01-31","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(a), 195.402(c)(3), 195.422(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022031noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022031noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022031noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42022031NOA","body":"Notice of Amendment involving HARVEST MIDSTREAM COMPANY. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(c)(3),  195.422(a). The case was opened on 2022-01-31 and is reported as closed as of 2022-03-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42022031NOA_Notice of Amendment_01312022_(21-218014).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022031NOA/42022031NOA_Notice%20of%20Amendment_01312022_(21-218014).pdf\n\n42022031NOA_Notice of Amendment_01312022_(21-218014)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022031NOA/42022031NOA_Notice%20of%20Amendment_01312022_(21-218014)_text.pdf\n\n42022031NOA_Notice of Amendment_01312022_(21-218014)_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nJanuary 31, 2022\nSean Kolassa\nPresident\nHarvest Midstream Company\n1111 Travis Street\nHouston, Texas 77002\nCPF 4-2022-031-NOA\nDear Mr. Kolassa:\nFrom August 30, 2021 through September 15, 2021, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.), inspected Harvest Midstream Company’s (Harvest)\noperations and maintenance procedures.\nDuring the inspection, PHMSA identified the apparent inadequacies found within Harvest’s plans\nor procedures, as described below:\n1. § 195.402 - Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a manual\nof written procedures for conducting normal operations and maintenance activities\nand handling abnormal operations and emergencies. This manual shall be reviewed\nat intervals not exceeding 15 months, but at least once each calendar year, and\nappropriate changes made as necessary to ensure that the manual is effective. This\nmanual shall be prepared before initial operations of a pipeline system commence,\nand appropriate parts shall be kept at locations where operations and maintenance\nactivities are conducted.\n(b) . . .\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\neach of the requirements of this subpart and subpart H of this part.\n\n\n\n§ 195.422 Pipeline repairs.\n(a) Each operator shall, in repairing its pipeline systems, ensure that the repairs are\nmade in a safe manner and are made so as to prevent damage to persons or\nproperty.\nHarvest’s written procedure for repairing its pipeline system is inadequate as it does not\nprovide guidance for determining how long a temporary repair may remain in place, but\nrather includes a general recommendation regarding how long temporary repairs should\nremain in operation. Harvest procedure P-195.422 Repairs/Replacements/Relocations\n(Revision Date: 11/5/2021) states, “As a general recommendation, temporary repairs\nshould not remain in operation past one (1) year from date of installation. Based on the\ncalculated remaining life span of the affected pipe wall, the duration of the temporary repair\ncould be allowed to remain in place for a longer duration, but not past the next inspection\ninterval without further action.”\nWhile the procedure does provide guidance on an initial time interval for the duration of a\ntemporary repair, there is not a definitive end date. The procedure also allows the\ntemporary repair to remain in place for a longer duration of time based on the calculated\nremaining life span of the affected pipe wall, and refers to the “next inspection interval.”\nAccording to Harvest personnel, this refers to the next integrity assessment, which may be\nan interval of up to five (5) years, which is an excessive time interval to allow a temporary\nrepair to remain in place.\nHarvest submitted an amended procedure to PHMSA on December 21, 2021. PHMSA\nreviewed the amended procedure and determined that it adequately addresses the\ninadequacies described regarding the installation of temporary repair methods.\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. As mentioned above, Harvest Midstream\nCompany has already submitted an amended procedure to PHMSA that reflects the amendments\nrequired by this Notice. The amended procedure was reviewed and found to be adequate by\nPHMSA, therefore, no further action or response is required. If no additional response is received\nwithin 30 days of receipt of this Notice, this enforcement will be automatically closed.\n\n\n\nIt is requested (not mandated) that Harvest Midstream Company 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 Mary L. McDaniel, Director,\nSouthwest Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 4-2022-031-NOA, and for each document you submit,\nplease provide a copy in electronic 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.\ncc: Troy Brown, Pipeline Compliance Specialist/Coordinator,\ntrbrown@harvestmidstream.com","truncated":false,"body_characters":6396}