{"operation":"document","citation":"CPF 320135028","title":"ROSE ROCK MIDSTREAM OPERATING, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-09-09","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.406(b), 195.428(a), 195.505(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135028.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135028.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135028","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320135028","body":"Notice of Probable Violation involving ROSE ROCK MIDSTREAM OPERATING, LLC. PHMSA's enforcement data identifies the cited regulations as 195.406(b),  195.428(a),  195.505(b). The case was opened on 2013-09-09 and is reported as closed as of 2014-06-10. Proposed civil penalty: $75,300. Assessed civil penalty: $75,300. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320135028_Final Order_06102014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135028/320135028_Final%20Order_06102014.pdf\n\n320135028_Final Order_06102014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135028/320135028_Final%20Order_06102014_text.pdf\n\n320135028_NOPV PCP_09092013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135028/320135028_NOPV%20PCP_09092013.pdf\n\n320135028_NOPV PCP_09092013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135028/320135028_NOPV%20PCP_09092013_text.pdf\n\n320135028_Final Order_06102014_text.pdf\n\nJUNE 10, 2014\nMr. Peter Schwiering\nPresident\nRose Rock Midstream, L.P.\n3030 NW Expressway, Suite 1100\nOklahoma City, OK 73112\nRe: CPF No. 3-2013-5028\nDear Mr. Schwiering:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and assesses a civil penalty of $75,300. This is to acknowledge receipt of payment of\nthe full penalty amount, by wire transfer, dated October 23, 2013. This enforcement action is\nnow closed. 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: Ms. Linda Daugherty, Director, Central Region, OPS\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)\nRose Rock Midstream, LP, ) CPF No. 3-2013-5028\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn June 6-10, June 23, and November 14-18, 2011, pursuant to 49 U.S.C. § 60117,\nrepresentatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office\nof Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of the facilities and\nrecords of Rose Rock Midstream, LP, (Rose Rock or Respondent) in Kansas and Oklahoma.\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated September 9, 2013, a Notice of Probable Violation and Proposed Civil Penalty\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Rose Rock\nhad violated 49 C.F.R. §§ 195.406, 195.428 and 195.505 and proposed assessing a civil penalty\nof $75,300 for the alleged violations.\nRose Rock did not respond to the Notice but paid the proposed civil penalty of $75,300, as\nprovided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice\nto Respondent.\nFINDINGS OF VIOLATION\nIn its Response, Rose Rock did not contest the allegations in the Notice that it violated 49 C.F.R.\nPart 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.406(b), which states:\n§ 195.406 Maximum operating pressure.\n(a) . . .\n(b) No operator may permit the pressure in a pipeline during surges or\nother variations from normal operations to exceed 110 percent of the\noperating pressure limit established under paragraph (a) of this section.\nEach operator must provide adequate controls and protective equipment to\ncontrol the pressure within this limit.\n\n\n\n2\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.406(b) by failing to provide\nadequate controls and protective equipment to control the operating pressure to not exceed 110\npercent of the maximum operating pressure (MOP) on the El Dorado to Burton Station pipeline.\nSpecifically, the Notice alleged that on April 11, 2011, Rose Rock recorded the “as left set\npressure” of the pressure switch at the El Dorado station as 425 psig which was 150 percent of\nthe MOP of 282 psig. Respondent did not contest this allegation of violation. Accordingly,\nbased upon a review of all of the evidence, I find that Respondent violated 49 C.F.R.\n§ 195.406(b) by failing to provide adequate controls and protective equipment to control the\noperating pressure to not exceed 110 percent of the maximum operating pressure on the\nEl Dorado to Burton Station pipeline.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.406(b) by permitting the\npressure in the pipeline to exceed 110 percent of the MOP for the Arlington to Cunningham\npipeline segment. Specifically, the Notice alleged that on July 9, 2010, the pressure at the\nArlington junction reached 276 psig which is over 110 percent of the 248 psig MOP.\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. § 195.406(b) by permitting the\npressure in the pipeline to exceed 110 percent of the MOP for the Arlington to Cunningham\npipeline segment.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.428(a), which states:\n§ 195.428 Overpressure safety devices and overfill protection systems.\n(a) Except as provided in paragraph (b) of this section, each operator\nshall, at intervals not exceeding 15 months, but at least once each calendar\nyear, or in the case of pipelines used to carry highly volatile liquids, at\nintervals not to exceed 7½ months, but at least twice each calendar year,\ninspect and test each pressure limiting device, relief valve, pressure\nregulator, or other item of pressure control equipment to determine that it\nis functioning properly, is in good mechanical condition, and is adequate\nfrom the standpoint of capacity and reliability of operation for the service\nin which it is used.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.428(a) by failing to inspect and test\npressure limiting devices and control equipment, at intervals not exceeding 15 months, to\ndetermine that they were functioning properly, were in good mechanical condition, and were\nadequate for operation for the service in which they were used. Specifically, the Notice alleged\nthat Rose Rock did not inspect and test pressure limiting devices for 14 locations during 2009-\n2011. It also did not inspect or test SCADA pressure limiting and shut down systems for 12\nlocations during 2009-2011. Respondent did not contest this allegation of violation.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated\n49 C.F.R. § 195.428(a) by failing to inspect and test pressure limiting devices and control\nequipment, at intervals not exceeding 15 months, to determine that they were functioning\nproperly, were in good mechanical condition, and were adequate for operation for the service in\nwhich they were used.\n\n\n\n3\nItem 4: The Notice alleged that Respondent violated 49 C.F.R. § 195.505(b), which states:\n§ 195.505 Qualification program.\nEach operator shall have and follow a written qualification program.\nThe program shall include provisions to:\n(a) . . . .\n(b) Ensure through evaluation that individuals performing covered\ntasks are qualified….\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.505(b) by failing to ensure through\nevaluation that an individual performing a covered task was qualified. Specifically, the Notice\nalleged that the Aerial Patrol Pilot was qualified to perform “Covered Task #15 - Right of Way”\ninspections on May 10, 2006. According to Rose Rock’s Operator Qualification program, the\nindividual should have been re-qualified by November 10, 2009, but was not re-qualified until\nJune 6, 2010. During this period, the Aerial Patrol Pilot performed Covered Task #15\napproximately thirty times. Respondent did not contest this allegation of violation.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated\n49 C.F.R. § 195.505(b) by failing to ensure through evaluation that an individual performing a\ncovered task was qualified.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nThe terms and conditions of this Final Order are effective upon receipt of service.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8621}