{"operation":"document","citation":"CPF 320095007","title":"ONEOK NGL PIPELINE, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-06-29","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.561(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320095007.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320095007.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320095007","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320095007","body":"Notice of Probable Violation involving ONEOK NGL PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulation as 195.561(b). The case was opened on 2009-06-29 and is reported as closed as of 2013-11-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320095007_Final Order_11272013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095007/320095007_Final%20Order_11272013.pdf\n\n320095007_Final Order_11272013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095007/320095007_Final%20Order_11272013_text.pdf\n\n320095007_NOPV PCP_06292009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095007/320095007_NOPV%20PCP_06292009.pdf\n\n320095007_NOPV PCP_06292009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095007/320095007_NOPV%20PCP_06292009_text.pdf\n\n320095007_Final Order_11272013_text.pdf\n\nNOVEMBER 27, 2013\nMr. Terry K. Spencer\nPresident\nONEOK NGL Pipeline, LP\n100 West 5th Street\nTulsa, OK 74103\nRe: CPF No. 3-2009-5007\nDear Mr. Spencer:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and finds that ONEOK NGL Pipeline, LP, has completed the actions specified in the\nNotice to comply with the pipeline safety regulations. Therefore, this case is now closed.\nService of the Final Order by certified mail is deemed effective upon the date of mailing, or as\notherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Ms. Linda Daugherty, Director, Central Region, OPS\nMr. Wes Christensen, Senior Vice President, Operations\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nONEOK NGL Pipeline, LP, ) CPF No. 3-2009-5007\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn the dates of April 16-20, 2007, April 23-27, 2007, April 30-May 3, 2007, May 14-18, 2007,\nJune 4-8, 2007, July 10-13, 2007, July 23-26, 2007, and December 17-19, 2007, pursuant to\n49 U.S.C. § 60117, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), conducted an on-site pipeline safety\ninspection of the facilities and records of ONEOK NGL Pipeline, LP (ONEOK or Respondent),\nrelating to its Line 5 pipeline construction project near Hutchinson, Kansas, and Argonia,\nKansas. ONEOK owns and operates over 2400 miles of natural gas liquid pipelines that\ntransport natural gas from production areas throughout Oklahoma, Kansas and Texas.1\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated June 29, 2009, a Notice of Probable Violation and Proposed Compliance Order\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that ONEOK had\nviolated 49 C.F.R. § 195.561 and ordering Respondent to take certain measures to correct the\nalleged violation.\nONEOK responded to the Notice by letter dated July 31, 2009 (Response). The company did not\ncontest the allegation of violation but provided information concerning the corrective actions it\nhad taken and planned to take. Respondent did not request a hearing and therefore has waived its\nright to one.\nFINDING OF VIOLATION\nIn its Response, ONEOK did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 195, as follows:\n1 ONEOK Partners, LP, available at\nhttp://www.oneokpartners.com/Customers/NaturalGasLiquids/Pipelines/NGLPipeline.aspx (last accessed on\nSeptember 30, 2013).\n\n\n\n2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.561(b), which states:\n§ 195.561 When must I inspect pipe coating used for external\ncorrosion control?\n(a) You must inspect all external pipe coating required by §195.557\njust prior to lowering the pipe into the ditch or submerging the pipe.\n(b) You must repair any coating damage discovered.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.561(b) by failing to properly repair\nexternal coating damage discovered on a section of its pipeline prior to lowering the pipe into a\nditch. Specifically, the Notice alleged that ONEOK personnel improperly applied 3M coating\nrepair patch sticks to external coating damage found on a 27.19-mile-long portion of its Line 5\npipeline. During the inspection, PHMSA’s inspector witnessed ONEOK personnel repairing\ncoating by applying heat directly to the 3M patch stick, rather than the parent-coating surface,\nwhich was contrary to 3M’s written application instructions.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.561(b) by failing to properly\nrepair external coating damage discovered on a section of its Line 5 pipeline prior to lowering\nthe pipe into a ditch.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for a violation of\n49 C.F.R. § 195.561(b). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601. The Director\nindicates that Respondent has taken the following actions to respond to the proposed compliance\norder:\n1. With respect to the violation of § 195.561(b) (Item 1), Respondent assessed the\naffected section of its pipeline using an inline inspection tool in 2010 and 2012.\nRespondent also performed a close interval cathodic protection survey and a\ncorrosion growth analysis on the affected pipeline. Respondent has submitted\ndocumentation of the results of these actions and the Director has determined that any\nthreat of significant external corrosion appears to have been mitigated at this time.\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\n\n\n\n3\nThe terms and conditions of this Final Order [CPF No. 3-2009-5007] are effective upon service\nin accordance with 49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":6627}