{"operation":"document","citation":"CPF 420045024","title":"NAVAJO NATION OIL AND GAS COMPANY — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-08-12","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a), 195.402(c)(14), 195.402(c)(3), 195.420(c), 195.426, 195.428(a), 195.430(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420045024.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420045024.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420045024","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420045024","body":"Notice of Probable Violation involving NAVAJO NATION OIL AND GAS COMPANY. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(c)(14),  195.402(c)(3),  195.420(c),  195.426,  195.428(a),  195.430(c). The case was opened on 2004-08-12 and is reported as closed as of 2005-12-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420045024_Final Order_12152005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420045024/420045024_Final%20Order_12152005.pdf\n\nFinal Order Navajo Nation Oil and Gas Company CPF No 4-2004-5024.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420045024/Final%20Order%20Navajo%20Nation%20Oil%20and%20Gas%20Company%20CPF%20No%204-2004-5024.pdf\n\nFinal Order Navajo Nation Oil and Gas Company CPF No 4-2004-5024.pdf\n\nS. Departmer\nf Transportatio\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safety\nDEC 15 2005\nMr. Wilson Groen\nPresident\nNavajo Nation Oil and Gas Company\nP.O. Box 4439\nWindow Rock, AZ 86515-4439\nRe: CPF No. 4-2004-5024\nDear Mr. Groen:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case. It makes findings of violation and finds that you have completed\nthe actions specified in the Notice to comply with the pipeline safety regulations. This case is\nnow closed. Your receipt of the Final Order constitutes service under 49 C.F.R. § 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nNavajo Nation Oil and Gas Company,\nCPF No. 4-2004-5024\nRespondent\nFINAL ORDER\nOn June 23-26, 2003, pursuant to 49 U.S.C. § 60117, a representative of the Research and\nSpecial Programs Administration (RSPA), Office of Pipeline Safety (OPS) conducted an on-site\npipeline safety inspection of Respondent's facilities and records pertaining to the Running Horse\npipeline system in Window Rock, Arizona.'\nAs a result of the inspection, the Director,\nSouthwest Region, OPS, issued to Respondent, by letter dated August 12, 2004, a Notice of\nProbable Violation and Proposed Compliance Order (Notice). In accordance with 49 C.F.R.\n§ 190.207, the Notice proposed finding that Respondent committed violations of 49 C.F.R. Part\n195 and proposed ordering Respondent to take certain measures to correct the alleged violations.\nRespondent responded to the Notice by written submissions dated September 9, 2004, June 6,\n2005, and August 22, 2005. Respondent did not contest the allegations of violation and provided\ninformation concerning completed corrective actions and procedural amendments. Respondent\ndid not request a hearing, and therefore has waived its right to one.\nFINDINGS OF VIOLATION\nRespondent did not contest the violations alleged in the Notice. Accordingly, I find that\nRespondent violated the following sections of 49 C.F.R. Part 195, as more fully described in the\n49 C.F.R. §§ 195.402(a) and 195.214 - failing to develop written procedures for qualified\nwelding;\nThe Norman Y. Mineta Research and Special Programs Improvement Act, Pub. L. No. 108-426,\n\n\n\n2\n49 C.F.R. §§ 195.402(a) and 195.302(a) - failing to develop written procedures for\npressure testing;\n49 C.F.R. §§ 195.402(c)(3) and 195.410(a) - failing to develop written procedures for\ninstalling and maintaining line markers over buried pipelines;\n49 C.F.R. §§ 195.402(c)(3) and 195.420(a) - failing to develop written procedures for\nmaintaining valves in good working order;\n49 C.F.R. §§ 195.402(c)(3) and 195.426 - failing to develop written procedures for\nindicating when pressure has been relieved from a scraper barrel or for providing a means\nto prevent the opening of a scraper barrel if pressure has not been relieved;\n49 C.F.R. §8 195.402(c)(3) and 195.428(a) - failing to develop written procedures for\ntesting and inspecting overpressure safety devices;\n49 C.F.R. §§ 195.402(c)(3) and 195.430 - failing to develop written procedures for\nmaintaining adequate firefighting equipment at pump stations and breakout tank areas;\n49 C.F.R. §§ 195.402(c)(3) and 195.434 - failing to develop written procedures for\nmaintaining signs visible to the public around pumping stations and breakout tank areas;\n49 C.F.R. §8 195.402(c)(3) and 195.579(a) - failing to develop written procedures for\ninvestigating the corrosive effects of products transported and taking adequate steps to\nmitigate internal corrosion;\n49 C.F.R. § 195.402(c)(14) - failing to develop written procedures for protecting\npersonnel in excavated trenches;\n49 C.F.R. § 195.420(c) - failing to protect a valve near residences from unauthorized\noperation and vandalism;\n49 C.F.R. § 195.426 - failing to have a device to indicate when pressure has been\nrelieved from a scraper barrel;\n49 C.F.R. § 195.428(a) - failing to ensure that a relief valve at Montezuma creek is\nadequate from the standpoint of capacity. The valve was set above the allowable 110\npercent of maximum operating pressure; and\n49 C.F.R. § 195.430 - failing to maintain adequate firefighting equipment at the Morgan\nLake pumping station. A fire extinguisher at the station had not been tested for\napproximately two years.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\n\n\n\n3\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order for the violations of 49 C.F.R. Part 195. Under 49\nU.S.C. § 60118(a), each person who engages in the transportation of hazardous liquids or who\nowns or operates a pipeline facility is required to comply with the applicable safety standards\nestablished under Chapter 601. The Director, Southwest Region, OPS, has reviewed the\ncorrective actions taken by Respondent and has indicated that the corrective actions have\nachieved compliance with respect to these violations. Accordingly, since compliance has been\nachieved, it is not necessary to include the compliance terms in this order.\nThe terms and conditions of this Final Order are effective on receipt.\nshus\nDEC 15 2005\nStacey Gerard\nDate Issued\npoM sociate Administrator\nfor Pipeline Safety\n\n420045024_Final Order_12152005.pdf\n\n@\nU.S. Deportment\nof Tronsporlotion\nPlpellne ond\nH ozqnlous rnqfedo|' Sotefy\nAdmlnktlotlon\n400 Seventh Street, S.W.\nWashlngton, D.C. 20590\nDEC 1 5 2N115\nMr. Wilson Groen\nPresident\nNavajo Nation Oil and Gas Company\nP.O. Box 4439\nWindow Rock, AZ 86515-4439\nRe: CPF No. 4-2004-5024\nDear Mr. Groen:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case. It makes findings ofviolation and finds that you have completed\nthe actions specified in the Notice to comply with the pipeline safety regulations. This case is\nnow closed. Your receipt of the Final Order constitutes service under 49 C.F.R. $ 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Regi stry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL _ RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOF'F'ICE OF PIPELINE SAFETY\nWASHINGTON. DC 20590\nIn the Matter of\nNavajo Nation Oil and Gas Company,\nRespondent\nCPF No. 4-2004-5024\nF'INAL ORDER\non June 23-26,2003, pursuant to 49 U.S.c.'$ 60117, a representative of the Research and\nSpecial Programs Administration (RSPA), Office of Pipeline Safety (OPS) conducted an on-site\npipeline safety inspection of Respondent's facilities and records pertaining to the Running Horse\npipeline system in Window Rock, Arizona.l As a result of the inspection, the D-irector,\nSouthwest Region, oPS, issued to Respondent, by letter dated August 12, 2004, a Notice of\nProbable Violation and Proposed Compliance Order (IJotice). In accordance with 49 C.F.R.\n$ 190.207, the Notice proposed finding that Respondent committed violations of 49 C.F.R. part\n195 and proposed ordering Respondent to take certain measures to correct the alleged violations.\nRespondent responded to the Notice by written submissions dated September 9,2004, June 6,\n2005\n,\nand August 22, 2005 . Respondent did not contest the allegations of vi olation and provided\ninformation concerning completed corrective actions and procedural amendments. Respondent\ndid not request a hearing, and therefore has waived its right to one.\nFINDINGS OF'VIOLATION\nRespondent did not contest the violations alleged in the Notice. Accordingly, I f,rnd that\nRespondent violated the following sections of 49 c.F.R. part 195, as more fully described in the\nNotice:\n49 c.F.R. $g 195.402(a) and 195.214 - failing to develop wrirten procedures for qualified\nwelding;\n' The Norman Y. Mineta Research and Special Programs Improvernent Act, Pub. L. No. 108-426,\n118 Slat. 2423 (2004), created the Pipeline and Hazardous Materials Safety Administration (PHMSA) and\ntransfeffed the authority ofRSPA exercised under chapter 601 of title 49, United States Code, to the\nAdministrator of PHMSA. See also 70 Fed. Reg. 8299, 8301-8302 (2005).\n\n\n\n•\n2\n•\n49 C.F.R. §§ 195.402(a) and 195.302(a) - failing to develop written procedures for\npressure testing;\n49 C.F.R. §§ 195.402(c)(3) and 195.410(a) - failing to develop written procedures for\ninstalling and maintaining line markers over buried pipelines;\n49 C.F.R. §§ 195.402(c)(3) and 195.420(a) - failing to develop written procedures for\nmaintaining valves in good working order;\n49 C.F.R. §§ 195.402(c)(3) and 195.426 - failing to develop written procedures for\nindicating when pressure has been relieved from a scraper barrel or for providing a means\nto prevent the opening of a scraper barrel if pressure has not been relieved;\n49 C.F.R. §§ 195.402(c)(3) and 195.428(a) - failing to develop written procedures for\ntesting and inspecting overpressure safety devices;\n49 C.F.R. §§ 195.402(c)(3) and 195.430 - failing to develop written procedures for\nMaintaining adequate firefighting equipment at pump stations and breakout tank areas;\n49 C.F.R. §§ 195.402(c)(3) and 195.434 - failing to develop written procedures for\nmaintaining signs visible to the public around pumping stations and breakout tank areas;\n49 C.F.R. §§ 195.402(c)(3) and 195.579(a) - failing to develop written procedures for\ninvestigating the corrosive effects of products transported and taking adequate steps to\nmitigate internal corrosion;\n49 C.F.R. § 195.402(c)(14) - failing to develop written procedures for protecting\npersonnel in excavated trenches;\n49 C.F.R. § 195.420(c) - failing to protect a valve near residences from unauthorized\noperation and vandalism;\nrelieved from a craper bailing to have a device to indicate when pressure has been\n49 C.F.R. § 195.428(a) - failing to ensure that a relief valve at Montezuma creek is\nadequate from the standpoint of capacity. The valve was set above the allowable 110\npercent of maximum operating pressure; and\n49 C.F.R. § 195.430 - failing to maintain adequate firefighting equipment at the Morgan\nLake pumping station. A fire extinguisher at the station had not been tested for\napproximately two years.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\n\n\n\nJ\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order for the violations of 49 C.F.R. Part 195. Under 49\nU.S'C. $ 60118(a), each person who engages in the transportation of hazardous liquids or who\nowtls or operates a pipeline facility is required to comply with the applicable safety standards\nestablished under Chapter 601. The Director, Southwest Region, OPS, has reviewed the\nconective actions taken by Respondent and has indicated that the corrective actions have\nachieved compliance with respect to these violations. Accordingly, since compliance has been\nachieved, it is not necessary to include the compliance terms in this order.\nThe terms and conditions of this Final Order are effective on receipt.\nDEC I 5 2_005\nDate Issued\n$'1Administrator","truncated":false,"body_characters":12086}