{"operation":"document","citation":"CPF 52022051NOA","title":"ELEVATION MIDSTREAM — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-12-01","effective_on":null,"summary":"CLOSED notice of amendment citing 192.631(e)(3), 195.446(b)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022051noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022051noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022051noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52022051NOA","body":"Notice of Amendment involving ELEVATION MIDSTREAM. PHMSA's enforcement data identifies the cited regulations as 192.631(e)(3),  195.446(b)(3). The case was opened on 2022-12-01 and is reported as closed as of 2023-03-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52022051NOA_Closure Letter_03012023_(22-232653).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022051NOA/52022051NOA_Closure%20Letter_03012023_(22-232653).pdf\n\n52022051NOA_Closure Letter_03012023_(22-232653)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022051NOA/52022051NOA_Closure%20Letter_03012023_(22-232653)_text.pdf\n\n52022051NOA_Notice of Amendment_12012022_(22-232653).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022051NOA/52022051NOA_Notice%20of%20Amendment_12012022_(22-232653).pdf\n\n52022051NOA_Notice of Amendment_12012022_(22-232653)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022051NOA/52022051NOA_Notice%20of%20Amendment_12012022_(22-232653)_text.pdf\n\n52022051NOA_Closure Letter_03012023_(22-232653)_text.pdf\n\nVIA E-MAIL TO MR. MICHAEL SOLOMON\nMarch 1, 2023\nMr. Michael Solomon\nVice President & Chief Operating Officer\nElevation Midstream\n1200 Larimer St., Suite 750\nDenver, CO 80202\nCPF 5-2022-051-NOA\nClosure Letter\nFrom April 11 through 15, 2022, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nElevation Midstream’s (Elevation) procedures for control room management in Brighton,\nColorado. As a result of the inspection, Elevation was issued a Notice of Amendment (NOA) on\nDecember 1, 2022, which proposed amendment of your procedures.\nElevation submitted its amended procedures on September 21, 2022, prior to issuance of\nPHMSA’s NOA. My staff reviewed the amended procedures, and it appears that the\ninadequacies outlined in this Notice of Amendment 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,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#22-232653)\n\n52022051NOA_Notice of Amendment_12012022_(22-232653)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA E-MAIL TO MR. MICHAEL SOLOMON\nDecember 1, 2022\nMr. Michael Solomon\nVice President & Chief Operating Officer\nElevation Midstream\n1200 Larimer St., Suite 750\nDenver, CO 80202\nCPF 5-2022-051-NOA\nDear Mr. Solomon:\nFrom April 11 through 15, 2022, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nElevation Midstream’s (Elevation) procedures for control room management in Brighton,\nColorado.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies found within\nElevation’s plans or procedures, as described below:\n1. § 195.446 Control room management.\n(a) …\n(b) Roles and responsibilities. Each operator must define the roles and\nresponsibilities of a controller during normal, abnormal, and emergency operating\nconditions. To provide for a controller's prompt and appropriate response to\noperating conditions, an operator must define each of the following:\n(1) …\n(3) A controller's role during an emergency, even if the controller is not the first to\ndetect the emergency, including the controller's responsibility to take specific\nactions and to communicate with others;\n\n\n\nElevation’s procedures are inadequate to assure safe operation of a pipeline facility.\nSpecifically, Elevation’s written procedures fail to define a controller’s role during an\nemergency, even if the controller is not the first to detect the emergency, including the\ncontroller’s responsibility to take specific actions and to communicate with others. Although\nElevation’s Control Room Management (CRM) Plan Section 2.13 Appendix H refers to the 3\nBear Emergency Response Plan (ERP) to provide guidance to the controller in the event the\ncontrol room must be evacuated, the ERP fails to define how a long-term evacuation of the\ncontrol room will be managed. Elevation must amend the ERP to provide procedures for the\nlong-term evacuation of the control room, including defining the controller’s responsibility to\ntake specific actions and to communicate with others during this extended period of time.\n2. § 192.631 Control room management.\n(a)…\n(e) Alarm management. Each operator using a SCADA system must have a written\nalarm management plan to provide for effective controller response to alarms. An\noperator's plan must include provisions to:\n(1) …\n(3) Verify the correct safety-related alarm set-point values and alarm descriptions at\nleast once each calendar year, but at intervals not to exceed 15 months;\nElevation’s procedures are inadequate to assure safe operation of a pipeline facility. Specifically,\nElevation’s CRM plan does not contain a written procedure describing how safety-related alarm\ndescriptions are designated. Consequently, it is unclear how Elevation verifies correct alarm\ndescriptions pursuant to the requirements set forth in § 192.631(e)(3). Elevation must amend its\nprocedures to identify the method and procedure by which safety-related alarm descriptions are\nestablished.\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.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 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\n\n\n\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\n30 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.\nOperator Response\nAfter the inspection, but prior to the issuance of this Notice, Elevation submitted its amended\nprocedures on September 21, 2022. My staff reviewed the amended procedures, and it appears\nthat the inadequacies outlined in this Notice of Amendment have been corrected. No further\naction is necessary and this case will close after 30 days if you choose to not submit a further\nresponse to this Notice. Thank you for your cooperation.\nIt is requested (not mandated) that Elevation Midstream maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Dustin Hubbard, Director, Western Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter,\nplease refer to CPF 5-2022-051-NOA and, for each document you submit, please provide a copy\nin 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 J. Dunphy (#22-232653)","truncated":false,"body_characters":8362}