{"operation":"document","citation":"CPF 520185008M","title":"WESTERN MIDSTREAM PARTNERS, LP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-12-31","effective_on":null,"summary":"CLOSED notice of amendment citing 195.505(c), 195.505(g).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520185008m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520185008m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520185008m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520185008M","body":"Notice of Amendment involving WESTERN MIDSTREAM PARTNERS, LP. PHMSA's enforcement data identifies the cited regulations as 195.505(c),  195.505(g). The case was opened on 2018-12-31 and is reported as closed as of 2019-04-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520185008M_Closure Letter_04192019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520185008M/520185008M_Closure%20Letter_04192019.pdf\n\n520185008M_Closure Letter_04192019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520185008M/520185008M_Closure%20Letter_04192019_text.pdf\n\n520185008M_Notice of Amendment_12312018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520185008M/520185008M_Notice%20of%20Amendment_12312018.pdf\n\n520185008M_Notice of Amendment_12312018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520185008M/520185008M_Notice%20of%20Amendment_12312018_text.pdf\n\n520185008M_Operator Response to Notice_01212019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520185008M/520185008M_Operator%20Response%20to%20Notice_01212019.pdf\n\n520185008M_Notice of Amendment_12312018_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 31, 2018\nMr. Al Walker\nPresident\nAnadarko Petroleum Corporation\n1201 Lake Robbin Drive\nThe Woodlands, TX 77380\nCPF 5-2018-5008M\nDear Mr. Walker:\nFrom August 20 through August 24, 2018, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\ninspected Anadarko’s written Operator Qualifications (OQ) Program in The Woodlands, Texas.\nThe OQ Program applies to all of Anadarko’s hazardous liquid assets.\nBased on the inspection, PHMSA has identified apparent inadequacies found within Anadarko’s\n(operator) written OQ procedures, as described below:\n1. §195.505 Qualification Program\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) …\n(c) Allow individuals that are not qualified pursuant to this subpart to perform a\ncovered task if directed and observed by an individual that is qualified; …\nAnadarko’s OQ procedures did not establish span of control ratios, and did not consider or fully\naddress factors that influence span of control, such as distance and noise levels. Furthermore,\nAnadarko personnel could not explain how the span of control ratios were established, and\n\n\n\ninstead relied upon a third-party vendor to provide the ratios without an appropriate analysis for\nthe basis of stated ratios.\n2. §195.505 Qualification Program\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) …\n(g) Identify those covered tasks and the intervals at which evaluation of the\nindividual’s qualifications is needed; …\nAnadarko’s OQ procedures did not establish and justify re-evaluation intervals. Instead,\nAnadarko used an across-the board application of extended re-evaluation intervals with no\ndocumented justification or basis. Additionally, Anadarko’s OQ program provided no basis for\nthe re-evaluation interval chosen, and the interval is applied to all tasks regardless of complexity\nof the task, the critical nature of the task, or the frequency of task performance. Furthermore,\nAnadarko’s OQ program did not identify a minimum time-frame for re-evaluation upon failure\nof evaluation for a covered task, nor established how many times an individual will be allowed to\nattempt the requalification process before the qualification is revoked.\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\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies 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\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\n45 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.\nIt is requested (not mandated) that Anadarko Petroleum Corporation maintain documentation of\n2\n\n\n\nthe safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Chris Hoidal, Acting Director,\nWestern Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 5-2018-5008M and, for each document you submit,\nplease provide a copy in electronic format whenever possible.\nSincerely,\nChris Hoidal\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 (D. Fehling #160703)\n3\n\n520185008M_Closure Letter_04192019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 19, 2019\nMr. Al Walker\nPresident\nAnadarko Petroleum Corporation\n1201 Lake Robbin Drive\nThe Woodlands, TX 77380\nCPF 5-2018-5008M\nClosure Letter\nDear Mr. Walker:\nFrom August 20th to 24th, 2018, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-site\npipeline safety inspection of Anadarko Petroleum’s Operator Qualification procedures in The\nWoodlands, Texas. As a result of the inspection, Anadarko Petroleum was issued a Notice of\nAmendment on December 31, 2018, which proposed amendment of your procedures.\nAnadarko Petroleum submitted its amended procedures on January 21, 2019. My staff reviewed\nthe amended procedures, and it appears that the inadequacies outlined in this 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\nfor your cooperation.\nSincerely,\nChris Hoidal\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 (D. Fehling #160703)","truncated":false,"body_characters":7388}