{"operation":"document","citation":"CPF 420145009","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":"2014-04-17","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a), 195.410, 195.410(c), 195.430, 195.434, 195.436.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145009.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145009.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145009","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420145009","body":"Notice of Probable Violation involving ONEOK NGL PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.410,  195.410(c),  195.430,  195.434,  195.436. The case was opened on 2014-04-17 and is reported as closed as of 2014-09-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420145009_Final Order_09082014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145009/420145009_Final%20Order_09082014.pdf\n\n420145009_Final Order_09082014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145009/420145009_Final%20Order_09082014_text.pdf\n\n420145009_NOPV PCO_04172014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145009/420145009_NOPV%20PCO_04172014.pdf\n\n420145009_NOPV PCO_04172014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145009/420145009_NOPV%20PCO_04172014_text.pdf\n\n420145009_Operator Response to Notice_05152014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145009/420145009_Operator%20Response%20to%20Notice_05152014.pdf\n\n420145009_Final Order_09082014_text.pdf\n\nSEPTEMBER 8, 2014\nMr. Terry K. Spencer\nPresident and CEO\nONEOK NGL Pipeline, LLC\n100 West Fifth Street\nTulsa, Oklahoma 74102-4298\nRe: CPF No. 4-2014-5009\nDear Mr. Spencer:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and finds that ONEOK NGL Pipeline, LLC, has completed the actions specified in the\nNotice to comply with the pipeline safety regulations. Therefore, this case is now closed.\nService of the Final Order by certified mail is deemed effective upon the date of mailing, or as\notherwise 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. R.M. Seeley, Director, Southwest Region, Office of Pipeline Safety\nMr. Wes Christensen, Senior Vice President, Operations, ONEOK NGL Pipeline LLC\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)\nONEOK NGL Pipeline LLC, ) CPF No. 4-2014-5009\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn multiple occasions between March 4, 2013 and April 25, 2014, pursuant to 49 U.S.C.\n§ 60117, representatives of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of\nthe facilities and records of ONEOK NGL Pipeline, LLC’s (ONEOK) Sterling III Pipeline\nConstruction (Sterling) in various locations in Oklahoma. ONEOK began the commissioning of\nSterling in March 2014, but several segments of the pipeline and facilities are still under\nconstruction. ONEOK is a subsidiary of ONEOK Partners, LP, a publicly traded limited\npartnership engaged in natural gas gathering and processing, natural gas pipelines and natural gas\nliquids.1\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated April 17, 2014, 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 committed various violations of 49 C.F.R. Part 195 and proposed\nordering Respondent to take certain measures to correct the alleged violations.\nONEOK responded to the Notice by letter dated May 15, 2014 (Response). The company did\nnot contest the allegations of violation but provided information concerning the corrective\nactions it had taken. Respondent did not request a hearing and therefore has waived its right to\none.\nFINDINGS OF VIOLATION\nIn its Response, ONEOK did not contest the allegations in the Notice that it violated 49 C.F.R.\nPart 195, as follows:\n1 See http://www.oneok.com/, last accessed August 8, 2014.\n\n\n\n2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.410, which states in\nrelevant part:\n§ 195.410 Line Markers.\n(a) Except as provided in paragraph (b) of this section, each operator\nshall place and maintain line markers over each buried pipeline in\naccordance with the following:\n(1) Markers must be located at each public road crossing and in\nsufficient number along the remainder of each buried line so that its\nlocation is accurately known.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.410 by failing to install pipeline\nmarkers along each buried line so that its location was accurately known. Specifically, the\nNotice alleged that ONEOK began commissioning segments of the Sterling III pipeline\n(Tecumseh Pump Station to Latta Pump Station) on or about March 4, 2014, but had not installed\nsufficient line markers along the buried line so that its location could be accurately known.\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. § 195.410 by failing to install pipeline\nmarkers along each buried line so that its location was accurately known.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.434, which states:\n§ 195.434 Signs.\nEach operator must maintain signs visible to the public around each\npumping station and breakout tank area. Each sign must contain the name\nof the operator and a telephone number (including area code) where the\noperator can be reached at all times.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.434 by failing to install signs\nvisible to the public around each pumping station. Specifically, the Notice alleged that ONEOK\nbegan commissioning segments of the Sterling III pipeline (Tecumseh Pump Station to Latta\nPump Station) on or about March 4, 2014, but the Latta Pump Station lacked appropriate\nsignage. Respondent did not contest this allegation of violation. Accordingly, based upon a\nreview of all of the evidence, I find that Respondent violated 49 C.F.R. § 195.434 by failing to\ninstall signs visible to the public around each pumping station.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.430, which states:\n§ 195.430 Firefighting Equipment.\nEach operator shall maintain adequate firefighting equipment at each\npump station and breakout tank area. The equipment must be –\n(a) In proper operating condition at all times;\n(b) Plainly marked so that its identity as firefighting equipment is\nclear; and\n(c) Located so that it is easily accessible during a fire.\n\n\n\n3\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.430 by failing to maintain adequate\nfirefighting equipment at each pump station and breakout tank area. Specifically, the Notice\nalleged that ONEOK began commissioning segments of the Sterling III pipeline (Tecumseh\nPump Station to Latta Pump Station) on or about March 4, 2014, but that the Latta Pump Station\nlacked appropriate fire extinguishers. 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. § 195.430 by failing to maintain adequate firefighting equipment at each pump station\nand breakout tank area.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1, 2, and 3 in the Notice for\nviolations of 49 C.F.R. §§ 195.410, 195.434, and 195.430, respectively. Under 49 U.S.C.\n§ 60118(a), each person who engages in the transportation of gas or who owns or operates a\npipeline facility is required to comply with the applicable safety standards established under\nchapter 601. The Director acknowledges that Respondent has taken the following actions\nspecified in the proposed compliance order:\n1. With respect to the violation of § 195.410 (Item 1), Respondent has installed line\nmarkers on the Sterling III pipeline at the locations that are already in service;\n2. With respect to the violation of § 195.434 (Item 2), Respondent has installed signs\non pipeline facilities already holding or transporting gas; and\n3. With respect to the violation of § 195.430 (Item 3), Respondent has installed\nappropriate fire extinguishers at the Latta Pump Station.\nAccordingly, I find that compliance has been achieved with respect to these violations.\nTherefore, the compliance terms proposed in the Notice are not included in this Order.\nWARNING ITEM\nWith respect to Item 4, the Notice alleged probable violations of Part 195 but did not propose a\ncivil penalty or compliance order for this item. Therefore, this is considered to be a warning\nitem. The warning was for:\n49 C.F.R. § 195.436 (Item 4) ─ Respondent’s alleged failure to provide\nprotection for each pumping station from vandalism and unauthorized entry.\nONEOK presented information in its Response showing that it had taken certain actions to\naddress the cited item. If OPS finds a violation of this provision in a subsequent inspection,\n\n\n\n4\nRespondent may be subject to future enforcement action.\nThe terms and conditions of this Final Order [CPF No. 4-2014-5009] are effective upon service\nin accordance with 49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":9459}