{"operation":"document","citation":"CPF 52022001NOA","title":"HARVEST ALASKA, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-03-30","effective_on":null,"summary":"CLOSED notice of amendment citing 195.412(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022001noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022001noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022001noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52022001NOA","body":"Notice of Amendment involving HARVEST ALASKA, LLC. PHMSA's enforcement data identifies the cited regulation as 195.412(a). The case was opened on 2022-03-30 and is reported as closed as of 2022-05-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52022001NOA_Closure Letter_05242022_(21-199723).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022001NOA/52022001NOA_Closure%20Letter_05242022_(21-199723).pdf\n\n52022001NOA_Closure Letter_05242022_(21-199723)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022001NOA/52022001NOA_Closure%20Letter_05242022_(21-199723)_text.pdf\n\n52022001NOA_Notice of Amendment_03302022_(21-199723).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022001NOA/52022001NOA_Notice%20of%20Amendment_03302022_(21-199723).pdf\n\n52022001NOA_Notice of Amendment_03302022_(21-199723)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022001NOA/52022001NOA_Notice%20of%20Amendment_03302022_(21-199723)_text.pdf\n\n52022001NOA_Operator Response to Notice_(REDACTED)_04282022_(21-199723).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022001NOA/52022001NOA_Operator%20Response%20to%20Notice_(REDACTED)_04282022_(21-199723).pdf\n\n52022001NOA_Notice of Amendment_03302022_(21-199723)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA E-MAIL TO MR. SEAN KOLASSA\nMarch 30, 2022\nMr. Sean Kolassa\nPresident\nHarvest Alaska, LLC\n1111 Travis Street\nHouston, TX 77002\nCPF 5-2022-001-NOA\nDear Mr. Kolassa:\nFrom May 17 through 21, 2021, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Harvest Alaska,\nLLC’s (Harvest) procedures for the Northstar Liquid Pipeline near Prudhoe Bay, Alaska.\nOn the basis of the inspection, PHMSA has identified an apparent inadequacy found within Harvest’s\nplans or procedures, as described below:\n1. § 195.412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times\neach calendar year, inspect the surface conditions on or adjacent to each pipeline\nright-of-way. Methods of inspection include walking, driving, flying or other\nappropriate means of traversing the right-of-way.\nHarvest’s written procedure for inspection of the Northstar Liquid Pipeline rights-of-way (ROW) was\ninadequate. The 10” Northstar Sales Oil Pipeline - Operation, Maintenance, and Emergency Response\nManual, Revision 9, dated May 10, 2021, addressed ROW inspection in Section 5.2 (Procedure). The\nProcedure was inadequate because it did not require inspection of the offshore right-of-way at intervals\nnot exceeding 3 weeks, but at least 26 times each calendar year. The Procedure only required ROW\npatrols, 26 times per calendar year, for onshore ROWs. The Procedure did mention that “subsea ROW is\nanalyzed annually as part of a strudel monitoring program”, but the strudel monitoring program does not\nmeet the inspection interval requirements of § 195.412(a). In addition, during the inspection, Harvest\n\n\n\npersonnel stated that they did not inspect offshore pipeline ROWs during the winter months due to ice\ncover. Records of ROW inspection, reviewed by PHMSA personnel during the inspection, indicated that\nice is typically present on the offshore right-of-way from approximately October to June.\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 part of\nthis Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you submit in\nresponse to this enforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with\nthe complete original document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies 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 procedures, or\na request for a hearing under §190.211. If you do not respond within 30 days of receipt of this Notice,\nthis constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and\nto issue an Order Directing Amendment. If your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R.\n§ 190.206). If you are not contesting this Notice, we propose that you submit your amended procedures\nto my office within 30 days of receipt of this Notice. This period may be extended by written request for\ngood cause. Once the inadequacies identified herein have been addressed in your amended procedures,\nthis enforcement action will be closed.\nIt is requested that Harvest Alaska maintain documentation of the safety improvement costs associated\nwith fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit the total\nto Dustin Hubbard, Director, Western Region, Pipeline and Hazardous Materials Safety Administration.\nIn correspondence concerning this matter, please refer to CPF 5-2022-001-NOA and, for each document\nyou submit, please provide a copy in electronic format whenever possible.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 D. Johnson (#21-199723)\nAndrew Limmer, Vice President Harvest Alaska (via email)\nHarold Colgrove, Integrity and Regulatory Compliance Manager, Harvest Alaska, LLC\n2\n\n52022001NOA_Closure Letter_05242022_(21-199723)_text.pdf\n\nVIA E-MAIL TO MR. SEAN KOLASSA\nMay 24, 2022\nMr. Sean Kolassa\nPresident\nHarvest Alaska, LLC\n1111 Travis Street\nHouston, TX 77002\nCPF 5-2022-001-NOA\nClosure Letter\nDear Mr. Kolassa:\nFrom May 17 through 21, 2021, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Harvest Alaska,\nLLC’s (Harvest) procedures for the Northstar Liquid Pipeline near Prudhoe Bay, Alaska. As a result of\nthe inspection, Harvest Alaska was issued a Notice of Amendment on March 30, 2022, which proposed\namendment of Harvest’s procedures.\nHarvest Alaska submitted its amended procedures on April 28, 2022. My staff reviewed the amended\nprocedures, and it appears the inadequacies outlined in the Notice of Amendment have been corrected.\nThis letter is to inform you that no further action is necessary, and this case is now closed.\nThank you for your cooperation.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 C. Lyon (#21-199723)\nAndrew Limmer, Vice President Harvest Alaska (via email)\nHarold Colgrove, Integrity and Regulatory Compliance Manager, Harvest Alaska (via email)","truncated":false,"body_characters":7386}