{"operation":"document","citation":"CPF 320095019","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":"2009-10-26","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.403(b), 195.404(a), 195.412(a), 195.420(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320095019.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320095019.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320095019","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320095019","body":"Notice of Probable Violation involving ONEOK NGL PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 195.403(b),  195.404(a),  195.412(a),  195.420(b). The case was opened on 2009-10-26 and is reported as closed as of 2012-03-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320095019_Closure Letter_03132012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095019/320095019_Closure%20Letter_03132012.pdf\n\n320095019_Closure Letter_03132012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095019/320095019_Closure%20Letter_03132012_text.pdf\n\n320095019_Final_Order_08062010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095019/320095019_Final_Order_08062010.pdf\n\n320095019_Final_Order_08062010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095019/320095019_Final_Order_08062010_text.pdf\n\n320095019_NOPV PCO_10262009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095019/320095019_NOPV%20PCO_10262009.pdf\n\n320095019_NOPV PCO_10262009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095019/320095019_NOPV%20PCO_10262009_text.pdf\n\n320095019_Operator Response_11302009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095019/320095019_Operator%20Response_11302009.pdf\n\n320095019_Closure Letter_03132012_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 13, 2012\nMr. Wes Christensen\nSenior Vice President NGL Operations\nOneOK Partners North System, L.L.C.\n100 West 5th Street\nTulsa, OK 74103\nRe: CPF No. 3-2009-5019\nDear Mr. Christensen:\nOn August 6, 2010, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to ONEOK North System, LLC a Final Order for CPF 3-2009-5019. The Order\nincluded a Compliance Order and the requirement to take corrective actions on your North\nSystem assets in the Morris and Lemont, IL areas. On September 3, 2010, we received\ncorrespondence from you detailing what was done to comply with the Final Order. Based on\nthat response, as well as some follow-up documentation provided by your personnel, it has\nbeen determined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n\n320095019_Final_Order_08062010_text.pdf\n\nAUG 6 2010\nMr. Wes Christensen\nSenior Vice President, NGL Operations\nONEOK North System, L.L.C.\n100 West 5th Street\nTulsa, Oklahoma 74103\nRe: CPF No. 3-2009-5019\nDear Mr. Christensen:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and specifies actions that need to be taken by ONEOK North System, L.L.C., to\ncomply with the pipeline safety regulations. When the terms of the compliance order have\nbeen completed, as determined by the Director, Central Region, this enforcement action will be\nclosed. Service of the Final Order by certified mail is deemed effective upon the date of\nmailing, or as otherwise 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: Mr. David Barrett, Director, Central Region, PHMSA\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7009 1410 0000 2472 2698]\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 North System, L.L.C., ) CPF No. 3-2009-5019\na subsidiary of ONEOK Partners, L.P., )\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn April 8-10, June 7-12, and July 20-23, 2009, pursuant to 49 U.S.C. § 60117, a\nrepresentative of the Pipeline and Hazardous Materials Safety Administration (PHMSA),\nOffice of Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of the facilities\nand records of ONEOK North System, L.L.C. (ONEOK or Respondent), in Conway, Kansas;\nMorris, Illinois; and Lemont, Illinois. ONEOK, a subsidiary of ONEOK Partners, L.P.,\noperates a pipeline system that transports natural gas liquids and refined products from Kansas\nto Illinois, Nebraska, Iowa, and Missouri.\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to\nRespondent, by letter dated October 26, 2009, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that ONEOK had violated 49 C.F.R. § 195.412(a) and proposed ordering Respondent\nto take certain measures to correct the alleged violation. The Notice also proposed finding that\nRespondent had committed certain other probable violations of 49 C.F.R. Part 195 and warned\nRespondent to take appropriate corrective action or be subject to future enforcement action.\nONEOK responded to the Notice by letter dated November 30, 2009 (Response). The\ncompany did not contest the allegation of violation and provided information concerning the\ncorrective actions it had taken and planned to take. Respondent did not request a hearing and\ntherefore has waived its right 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:\n\n\n\n2\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.412(a), which states:\n§ 195.412 Inspection of rights-of-way and crossings under navigable\nwaters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least\n26 times each calendar year, inspect the surface conditions on or adjacent\nto each pipeline right-of-way. Methods of inspection include walking,\ndriving, flying or other appropriate means of traversing the right-of-way.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.412(a) by failing to adequately\ninspect the surface conditions on and adjacent to its pipeline rights-of-way. Specifically, the\nNotice alleged that three areas along two pipelines’ rights-of-way were covered by trees and\nbrush and that Respondent’s use of aerial patrolling as its inspection method did not allow\nsurface conditions to be observed. Respondent did not contest this allegation of violation. Based\nupon a review of all of the evidence, I find that Respondent violated 49 C.F.R. § 195.412(a) by\nfailing to adequately inspect the surface conditions on and adjacent to its pipeline rights-of-way.\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 3 in the Notice for the violation of\n49 C.F.R. § 195.412(a). 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.\nIn its Response, ONEOK expressed its intent to complete the actions set forth in the proposed\ncompliance order and described the actions it had initiated thus far. These actions included:\n• Clearing two of the three overgrown areas referenced in Item 3 and partially clearing the\nthird area, which was expected to be completed during the winter of 2009-2010;\n• Generating a work order for a ground patrol to inspect these areas until they are fully\ncleared;\n• Ensuring that the Damage Prevention Supervisor reviews ONEOK’s aerial patrol\nguidelines with the contract patrol pilot; and\n• Clearing additional overgrown areas identified by its pilot.\nONEOK has thus partially satisfied the proposed compliance order, but not all final right-of-way\nclearing plans and actions are fully completed.\n\n\n\n3\nAccordingly, pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217,\nRespondent is ordered to take the following actions to ensure compliance with the pipeline safety\nregulations applicable to its operations:\nWith respect to the violation of § 195.412(a) (Item 3):\n1. Respondent must develop a plan and schedule of action for clearing areas along its\npipeline rights-of-way where aerial patrolling will be used. This plan must identify\nany areas throughout Respondent’s entire system where pipeline rights-of-way are\novergrown and will remain overgrown while awaiting clearing. The plan must\nprovide for a ground-based means of patrolling overgrown areas until they are\ncleared. Respondent must provide this plan and schedule of action to the Director,\nCentral Region within 30 days from the date of receipt of this Final Order, and must\nimplement the plan and schedule of action within 60 days from the date of receipt of\nthis Final Order.\n2. Respondent must maintain documentation of the safety improvement costs associated\nwith fulfilling this Compliance Order and submit the total to the Director, Central\nRegion. Costs must be reported in two categories: 1) total cost associated with\npreparation/revision of plans, procedures, studies, and analyses, and 2) total cost\nassociated with replacements, additions, and other changes to pipeline infrastructure.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $100,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nWARNING ITEMS\nWith respect to Items 1, 2, and 4, the Notice alleged probable violations of Part 195 but did not\npropose a civil penalty or compliance order for these items. Therefore, these are considered to\nbe warning items. The warnings were for:\n49 C.F.R. § 195.403(b) (Item 1) ─ Respondent’s alleged failure to review with\npersonnel their performance in meeting the objectives of the emergency response\ntraining program at least every 15 months.\n49 C.F.R. § 195.404(a) (Item 2) ─ Respondent’s alleged failure to maintain\ncurrent maps of its pipeline system. The Notice alleged that Respondent’s maps\ndid not reflect foreign line crossings and a bypass line that had been installed\nmore than a year before the inspection.\n\n\n\n4\n49 C.F.R. § 195.420(b) (Item 4) ─ Respondent’s alleged failure to inspect certain\nvalves at intervals not exceeding 7 ½ months.\nONEOK presented information in its Response showing that it had taken certain actions to\naddress the cited items. Accordingly, having considered such information, I find, pursuant to 49\nC.F.R. § 190.205, that probable violations of 49 C.F.R. §§ 195.403(b) (Notice Item 1),\n195.404(a) (Notice Item 2), and 195.420(b) (Notice Item 4) have occurred, and Respondent is\nhereby advised to correct such conditions. In the event that OPS finds a violation of these\nprovisions in a subsequent inspection, Respondent may be subject to future enforcement action.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":11418}