{"operation":"document","citation":"CPF 420081003","title":"OKTEX PIPELINE COMPANY, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2008-03-14","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.619.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420081003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420081003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420081003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420081003","body":"Notice of Probable Violation involving OKTEX PIPELINE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulation as 192.619. The case was opened on 2008-03-14 and is reported as closed as of 2009-12-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420081003_FinalOrder_12022009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420081003/420081003_FinalOrder_12022009.pdf\n\n420081003_FinalOrder_12022009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420081003/420081003_FinalOrder_12022009_text.pdf\n\n420081003_nopvpco_03142008_.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420081003/420081003_nopvpco_03142008_.pdf\n\n420081003_nopvpco_03142008__text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420081003/420081003_nopvpco_03142008__text.pdf\n\n420081003_Operator Response Item 1_04162008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420081003/420081003_Operator%20Response%20Item%201_04162008.pdf\n\n420081003_Operator Response Item 4_04162008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420081003/420081003_Operator%20Response%20Item%204_04162008.pdf\n\n420081003_Operator Response Item 5_04162008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420081003/420081003_Operator%20Response%20Item%205_04162008.pdf\n\n420081003_Operator Response_04162008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420081003/420081003_Operator%20Response_04162008.pdf\n\n420081003_FinalOrder_12022009_text.pdf\n\nDEC 02 2009\nMr. Michel E. Nelson\nSenior Vice President, Natural Gas Pipeline Operations\nONEOK Partners, L.P.\n100 West Fifth Street\nTulsa, Oklahoma 74121-4298\nRe: CPF No. 4-2008-1003\nDear Mr. Nelson:\nEnclosed is the Final Order issued in the above-referenced case. It makes a finding of violation\nand finds that ONEOK Partners, L.P. has completed the actions specified in the Notice required\nto comply with the pipeline safety regulations. This case is now closed. Your receipt of the\nFinal Order constitutes service of that document 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. R.M. Seeley, Director, Southwest Region, PHMSA\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 0390 0005 6162 5135]\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 Partners, L.P., ) CPF No. 4-2008-1003\n)\nRespondent. )\n_____________________________ )\nFINAL ORDER\nBetween September 10 to 14, September 24 to 26, and on December 6, 2007, pursuant to 49\nU.S.C. § 60117, a representative of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), conducted an inspection of the integrity\nmanagement program (IMP) of ONEOK Partners, L.P. (ONEOK or Respondent). The\ninspection occurred at Respondent’s facilities in Tulsa, Oklahoma, and El Paso, Texas, and\nincluded a reviewed of the IMP for the OKTex and Norteno pipelines, both of which are owned\nand operated by ONEOK. In total, Respondent owns and operates approximately 1,290 miles of\ninterstate natural gas pipelines across thirteen states, as well as numerous natural gas storage\nfacilities.\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to ONEOK,\nby letter dated March 14, 2008, 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 § 192.619 and ordering Respondent to take certain measures to correct the\nalleged violation.\nONEOK responded to the Notice by letters dated April 16, August 13, and August 28, 2008\n(collectively, Response). Respondent did not contest the allegation of violation but instead\ndescribed corrective actions it planned to implement. ONEOK did not request a hearing and\ntherefore has waived its right to one.\nFINDING OF VIOLATION\nItem 1: The Notice alleged that ONEOK violated 49 C.F.R. § 192.619, which states:\n\n\n\n2\n§ 192.619 Maximum allowable operating pressure: Steel or plastic\npipelines.\n(a) Except as provided in paragraph (c) of this section, no person\nmay operate a segment of steel or plastic pipeline at a pressure that\nexceeds the lowest of the following:\n(1) The design pressure of the weakest element in the segment,\ndetermined in accordance with subparts C and D of this part. However,\nfor steel pipe in pipelines being converted under §192.14 or uprated under\nsubpart K of this part, if any variable necessary to determine the design\npressure under the design formula (§ 192.105) is unknown, one of the\nfollowing pressures is to be used as design pressure:\n(i) Eighty percent of the first test pressure that produces yield under\nsection N5 of Appendix N of ASME B31.8 (incorporated by reference, see\n§ 192.7), reduced by the appropriate factor in paragraph (a)(2)(ii) of this\nsection; or\n(ii) If the pipe is 12 ¾ inches (324 mm) or less in outside diameter\nand is not tested to yield under this paragraph, 200 p.s.i. (1379 kPa).\n(2) The pressure obtained by dividing the pressure to which the\nsegment was tested after construction as follows:\n(i) For plastic pipe in all locations, the test pressure is divided by a\nfactor of 1.5.\n(ii) For steel pipe operated at 100 p.s.i. (689 kPa) gage or more, the\ntest pressure is divided by a factor determined in accordance with the\nfollowing table:\nFactors1\n, segment—\nClass\nlocation\nInstalled before\n(Nov. 12, 1970)\nInstalled after\n(Nov. 11, 1970)\nConverted\nunder\n§192.14\n1 1.1 1.1 1.25\n2 1.25 1.25 1.25\n3 1.4 1.5 1.5\n4 1.4 1.5 1.5\n1 For offshore segments installed, uprated or converted after July 31, 1977, that are not located on an\noffshore platform, the factor is 1.25. For segments installed, uprated or converted after July 31, 1977, that\nare located on an offshore platform or on a platform in inland navigable waters, including a pipe riser, the\nfactor is 1.5.\n\n\n\n3\n(3) The highest actual operating pressure to which the segment was\nsubjected during the 5 years preceding the applicable date in the second\ncolumn. This pressure restriction applies unless the segment was tested\naccording to the requirements in paragraph (a)(2) of this section after the\napplicable date in the third column or the segment was uprated according\nto the requirements in subpart K of this part:\nPipeline segment Pressure date Test date\nOnshore gathering line that first\nbecame subject to this part (other\nthan §192.612) after April 13, 2006\nOnshore transmission line that was\na gathering line not subject to this\npart before March 15, 2006\nMarch 15, 2006, or date line\nbecomes subject to this part,\nwhichever is later.\n5 years\npreceding\napplicable date\nin second\ncolumn.\nOffshore gathering lines July 1, 1976 July 1, 1971.\nAll other pipelines July 1, 1970 July 1, 1965.\n(4) The pressure determined by the operator to be the maximum safe\npressure after considering the history of the segment, particularly known\ncorrosion and the actual operating pressure.\n(b) No person may operate a segment to which paragraph (a)(4) of\nthis section is applicable, unless over-pressure protective devices are\ninstalled on the segment in a manner that will prevent the maximum\nallowable operating pressure from being exceeded, in accordance with\n§192.195.\n(c) The requirements on pressure restrictions in this section do not\napply in the following instance. An operator may operate a segment of\npipeline found to be in satisfactory condition, considering its operating\nand maintenance history, at the highest actual operating pressure to which\nthe segment was subjected during the 5 years preceding the applicable\ndate in the second column of the table in paragraph (a)(3) of this section.\nAn operator must still comply with §192.611.\n(d) The operator of a pipeline segment of steel pipeline meeting the\nconditions prescribed in §192.620(b) may elect to operate the segment at a\nmaximum allowable operating pressure determined under §192.620(a).2\n2 This regulation was amended by final rule, effective December 1, 2008, to include section (d). See Pipeline Safety:\nStandards for Increasing the Maximum Allowable Operating Pressure for Gas Transmission Pipelines, 73 Fed. Reg.\n62148 (October 17, 2008) and 73 Fed. Reg. 72737(November 17, 2008) (codified at 49 C.F.R. 192.619). This\naddition does not affect the violation alleged in the March 14, 2008 Notice.\n\n\n\n4\nThe Notice alleged that ONEOK violated § 192.619 by failing to establish the maximum\nallowable operating pressure (MAOP) for three segments of the Norteno Pipeline. Specifically,\nthe Notice alleged that Respondent could not show that it had properly established the MAOP for\nthe Norteno #1, Norteno #4, and Norteno #5 segments by taking into account all of the factors\nlisted in the regulation, including the design pressure of the weakest element in the segment,\ncertain test pressures, and the historical operating pressure of the line. The regulation requires\nthat the MAOP of a segment be established using these factors to ensure that Respondent is not\noperating the line at an unsafe pressure. Operating a line at an unsafe pressure could cause a\npotential pipeline leak or rupture and adversely impact public safety and the environment.\nRespondent did not contest this violation and accepted the terms of the proposed compliance\norder. Accordingly, I find that Respondent violated 49 C.F.R. § 192.619 by failing to establish\nthe MAOP for certain segments of the Norteno Pipeline.\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 violating 49\nC.F.R. § 192.619. Under 49 U.S.C. § 60118(a), each person who engages in the transportation\nof gas or who owns or operates a pipeline facility is required to comply with the applicable\nsafety standards established under chapter 601. The Director has indicated that Respondent has\ndemonstrated completion of the actions listed in the proposed compliance order:\n1. Item 1 of the Proposed Compliance Order directed ONEOK to establish the MAOP of the\nNorteno #1 pipeline based upon the requirements of § 192.619. Respondent provided\ndocumentation of a July 19, 2007 eight-hour pressure test to 688 psig on the 12” Norteno\n#1 line (segments #1, #2, and #3) to establish the MAOP at 454 psig for these Class 2 and\n3 segments.\nThe Norteno #1 Pipeline, segment #4, was pressure tested to 499 psig on July 15, 2008,\nto establish a MAOP of 454 psig for this Class 1 segment. Respondent submitted a\npressure test plan to OPS that included a review of the existing materials, operating\nhistory, test limits, leak history, survey requirements and pressure test criteria. These\nmaterials were deemed acceptable under § 192.619.\n2. Item 2 of the Proposed Compliance Order directed ONEOK to provide documentation for\nthe MAOP for Norteno Pipelines, #1, #4, and #5. ONEOK submitted the documentation\nto support the pressure tests that occurred on July 19, 2007 (Norteno #1), November 5-8,\n2007 (Norteno #s 4 & 5), and July 15, 2008 (Norteno #1, segment #4).\n• Norteno #1: 454 psig\n• Norteno #4: El Paso RP to Canutillo DP-252 psig\n\n\n\n5\n• Norteno #4: Canutillo DP to end of line-104 psig\n• Norteno #4: Gillette Road Lateral-104 psig\n• Norteno #5: 61 psig\nThese materials were deemed acceptable under § 192.619.\n3. Respondent provided proof to the Director of the safety improvement costs totaling\n$29,104.08.\nSince compliance has been achieved with respect to this violation, it is unnecessary to include\nthe compliance terms in this Order.\nThe terms and conditions of this Final Order shall be effective upon receipt.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":12022}