{"operation":"document","citation":"CPF 32024063NOA","title":"VIKING GAS TRANSMISSION CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-08-20","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(2), 192.907(a), 192.907(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024063noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024063noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024063noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32024063NOA","body":"Notice of Amendment involving VIKING GAS TRANSMISSION CO. PHMSA's enforcement data identifies the cited regulations as 192.605(b)(2),  192.907(a),  192.907(b). The case was opened on 2024-08-20 and is reported as closed as of 2024-11-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32024063NOA_Closure Letter_11222024_(23-264832).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024063NOA/32024063NOA_Closure%20Letter_11222024_(23-264832).pdf\n\n32024063NOA_Closure Letter_11222024_(23-264832)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024063NOA/32024063NOA_Closure%20Letter_11222024_(23-264832)_text.pdf\n\n32024063NOA_Notice of Amendment_08202024_(23-264832).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024063NOA/32024063NOA_Notice%20of%20Amendment_08202024_(23-264832).pdf\n\n32024063NOA_Notice of Amendment_08202024_(23-264832)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024063NOA/32024063NOA_Notice%20of%20Amendment_08202024_(23-264832)_text.pdf\n\n32024063NOA_Operator Response to Notice and Request for Hearing and Request an Informal Settlement Consultation_09192024_(23-264832).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024063NOA/32024063NOA_Operator%20Response%20to%20Notice%20and%20Request%20for%20Hearing%20and%20Request%20an%20Informal%20Settlement%20Consultation_09192024_(23-264832).pdf\n\n32024063NOA_Operator Withdrawal of Hearing Request_10042024_(23-264832).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024063NOA/32024063NOA_Operator%20Withdrawal%20of%20Hearing%20Request_10042024_(23-264832).pdf\n\n32024063NOA_Notice of Amendment_08202024_(23-264832)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: pierce.norton@oneok.com; scott.schingen@oneok.com;\nroger.thorp@oneok.com; teri.anderson@oneok.com\nAugust 20, 2024\nPierce H. Norton II\nPresident and Chief Executive Officer\nONEOK, Inc.\n100 West Fifth Street\nTulsa, Oklahoma 74103\nCPF 3-2024-063-NOA\nDear Mr. Norton:\nFrom February 27 through October 16, 2023, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected the Viking Gas Transmission Company (VGT) pipeline. VGT is a subsidiary\nof ONEOK, Inc. The system inspected is located in the states of Wisconsin and North Dakota.\nAs a result of the inspection, PHMSA has identified the apparent inadequacies found within\nVGT’s plans or procedures. The items inspected and the inadequacies are described below:\n1. § 192.605 Procedural manual for operations, maintenance, and emergencies.\nEach operator shall include the following in its operating and maintenance plan:\n(a) . . . .\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following, if applicable, to provide safety\nduring maintenance and operations.\n(1) . . . .\n(2) Controlling corrosion in accordance with the operations and maintenance\nrequirements of subpart I of this part.\nVGT’s procedural manual for operations, maintenance, and emergencies was inadequate as it did\nnot include adequate procedures for “[c]ontrolling corrosion in accordance with the operations\nand maintenance requirements of subpart I,” per §§ 192.605(a) and (b)(2). Subpart I\n“Requirements for Corrosion Control,” includes § 192.469, “External corrosion control: Test\n\n\n\nstations.” Specifically, VGT’s procedure, entitled “Corrosion Control Standard,” was inadequate\nbecause it failed to identify criteria to determine if a sufficient number of test stations currently\nexisted for electrical measurement to determine the adequate cathodic protection, as required by\n§ 192.469. VGT’s Corrosion Control Standard Appendix D failed to (1) identify a method for\ndetermining sufficient number of test points, and (2) prescribe when additional cathodic\nprotection surveys are required to determine the adequacy of the cathodic protection. The\nprocedure must be amended to provide criteria for identifying if a sufficient number of test\nstations are available and to clarify when additional cathodic protection surveys are required.\n2. § 192.907 What must an operator do to implement this subpart?\n(a) General. No later than December 17, 2004, an operator of a covered pipeline\nsegment must develop and follow a written integrity management program that\ncontains all the elements described in § 192.911 and that addresses the risks on each\ncovered transmission pipeline segment. The initial integrity management program\nmust consist, at a minimum, of a framework that describes the process for\nimplementing each program element, how relevant decisions will be made and by\nwhom, a time line for completing the work to implement the program element, and\nhow information gained from experience will be continuously incorporated into the\nprogram. The framework will evolve into a more detailed and comprehensive\nprogram. An operator must make continual improvements to the program.\nVGT’s “Natural Gas Integrity Management Plan Appendix – Procedures” (NG IMP Appendix)\nwas inadequate because it failed to include timelines for completing the work to implement the\nrequired program element, per the requirements of § 192.907(a). Specifically, NG IMP Appendix\nProcedure 63, entitled “Data Integration,” section 5 failed to identify when a pre-assessment\nevaluation must be conducted or when a post-assessment evaluation must be completed. By not\nestablishing a time frame or trigger condition to conduct or complete either the pre-assessment\nevaluation or post-assessment evaluation, VGT personnel will not know when these processes\nmust be conducted. The procedure must be amended to include a time frame or trigger to\nconduct and complete the pre-assessment evaluation and post-assessment evaluation.\n3. § 192.907 What must an operator do to implement this subpart?\n(a) General. No later than December 17, 2004, an operator of a covered pipeline\nsegment must develop and follow a written integrity management program that\ncontains all the elements described in § 192.911 and that addresses the risks on each\ncovered transmission pipeline segment. The initial integrity management program\nmust consist, at a minimum, of a framework that describes the process for\nimplementing each program element, how relevant decisions will be made and by\nwhom, a time line for completing the work to implement the program element, and\nhow information gained from experience will be continuously incorporated into the\nprogram. The framework will evolve into a more detailed and comprehensive\nprogram. An operator must make continual improvements to the program.\n\n\n\nVGT’s NG IMP Appendix was inadequate because it did not include all of the elements\ndescribed in § 192.911, per the requirements of § 192.907(a). Section 192.911(c), “What are the\nelements of an integrity management program?,” requires operators to use threat identification\nand risk assessment, per § 192.917. VGT’s NG IMP Appendix failed to address the threat of\nlamination (mid wall indications), as required by § 192.917. Lamination is an identified threat\nunder ASME B31.85 (incorporated by reference), as it is a “manufacturing related defect.”\nSpecifically, VGT’s NG IMP Appendix Procedure 53 failed to include an evaluation method or\nrepair criteria for the threat of lamination. The procedure must be amended to include an\nevaluation method and repair criteria for the threat of lamination.\n4. § 192.907 What must an operator do to implement this subpart?\n(a) . . . .\n(b) Implementation Standards. In carrying out this subpart, an operator must follow\nthe requirements of this subpart and of ASME B31.8S (incorporated by reference,\nsee § 192.7) and its appendices, where specified. An operator may follow an\nequivalent standard or practice only when the operator demonstrates the alternative\nstandard or practice only when the operator demonstrates the alternative standard\nor practice provides an equivalent level of safety to the public and property. In the\nevent of a conflict between this subpart and ASME B31.8S, the requirements in this\nsubpart control.\nVGT’s NG IMP Appendix was found to be inadequate because it failed to define when and how a\n“response plan shall be developed,” as required by §§ 192.907(a) and (b), and ASME B31.8S\n(incorporated by reference in § 192.7). Specifically, VGT’s NG IMP Appendix Procedure 53\nreferenced a remediation plan, but failed to prescribe plan requirements. Additionally, VGT’s NG\nIMP App Procedure 63 referenced a remediation schedule, but failed to prescribe schedule\nrequirements. Thus, VGT’s NG IMP Appendix failed to provide adequate guidance concerning\ntime frames for physical examination of anomalies. The procedures must be modified to include a\nresponse plan and schedule for anomalous conditions identified during the assessment.\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\nEnforcement 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\n5 U.S.C. § 552(b), along with the complete original document you must provide a second copy\nof the 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).\n\n\n\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\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\n90 days of receipt of this Notice. This period may be extended by written request for good cause.\nOnce the inadequacies identified herein have been addressed in your amended procedures, this\nenforcement action will be closed.\nIt is requested that VGT maintain documentation of the safety improvement costs associated\nwith fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit\nthe total to Gregory A. Ochs, Director, Central Region, Pipeline and Hazardous Materials Safety\nAdministration. In correspondence concerning this matter, please refer to CPF 3-2024-063-NOA\nand, for each document you submit, please provide a copy in electronic format whenever\npossible.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Scott Schingen, Senior VP of Natural Gas Liquids and Natural Gas Operations, ONEOK,\n(scott.schingen@oneok.com)\nRoger Thorp, VP of Natural Gas Operations, ONEOK, (roger.thorp@oneok.com)\nTeri Anderson, Senior Manager of DOT Compliance Services, ONEOK,\n(teri.anderson@oneok.com)\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n\n32024063NOA_Closure Letter_11222024_(23-264832)_text.pdf\n\nVIA ELECTRONIC MAIL TO: pierce.norton@oneok.com; scott.schingen@oneok.com;\nroger.thorp@oneok.com; teri.anderson@oneok.com\nNovember 22, 2024\nPierce H. Norton II\nPresident and Chief Executive Officer\nONEOK, Inc.\n100 West Fifth Street\nTulsa, Oklahoma 74103\nRE: CPF 3-2024-063-NOA\nDear Mr. Norton:\nFrom February 27 through October 16, 2023, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected the Viking Gas Transmission Company (VGT) pipeline. VGT is a subsidiary\nof ONEOK, Inc. The system inspected is located in the states of Wisconsin and North Dakota.\nAs a result of the inspection, VGT was issued a Notice of Amendment on August 20, 2024,\nwhich proposed amendment of your procedures.\nVGT submitted its amended procedures on November 22, 2024. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you that no further action is necessary, and this case is now closed.\nThank you for your cooperation.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Scott Schingen, Senior VP of Natural Gas Liquids and Natural Gas Operations, ONEOK,\n(scott.schingen@oneok.com)\nRoger Thorp, VP of Natural Gas Operations, ONEOK, (roger.thorp@oneok.com)\nTeri Anderson, Senior Manager of DOT Compliance Services, ONEOK,\n(teri.anderson@oneok.com)","truncated":false,"body_characters":13277}