{"operation":"document","citation":"CPF 420175009","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":"2017-04-06","effective_on":null,"summary":"CLOSED notice of probable violation citing 194.119(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175009.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175009.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175009","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420175009","body":"Notice of Probable Violation involving NAVAJO NATION OIL AND GAS COMPANY. PHMSA's enforcement data identifies the cited regulation as 194.119(a). The case was opened on 2017-04-06 and is reported as closed as of 2019-08-29. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420175009_Closure Letter_06212017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175009/420175009_Closure%20Letter_06212017.pdf\n\n420175009_Closure Letter_06212017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175009/420175009_Closure%20Letter_06212017_text.pdf\n\n420175009_Final Order_08292019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175009/420175009_Final%20Order_08292019.pdf\n\n420175009_Final Order_08292019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175009/420175009_Final%20Order_08292019_text.pdf\n\n420175009_NOPV PCO_04062017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175009/420175009_NOPV%20PCO_04062017.pdf\n\n420175009_NOPV PCO_04062017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175009/420175009_NOPV%20PCO_04062017_text.pdf\n\n420175009_Operator Response to Notice_05092017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175009/420175009_Operator%20Response%20to%20Notice_05092017.pdf\n\n420175009_Final Order_08292019_text.pdf\n\nAugust 29, 2019\nMr. Louis Denetsosie\nChief Executive Officer and President\nNavajo Nation Oil and Gas Company\n50 Narbono Circle West\nSt. Michaels, Arizona 86511\nRe: CPF No. 4-2017-5009\nDear Mr. Denetsosie:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and finds that Navajo Nation Oil and Gas Company has completed the actions specified\nin the Notice to comply with the pipeline safety regulations. Therefore, this case is now closed.\nService of the Final Order by certified mail is effective upon the date of mailing, as provided\nunder 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Ms. Mary McDaniel, Director, Southwest Region, Office of Pipeline Safety, PHMSA\nMr. Joseph P. Robertson, P.E., Director of Pipeline Operations, Navajo Nation Oil and\nGas Company, P.O. Box 4439, Window Rock, Arizona 86515\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____________________________________\nIn the Matter of )\n)\n)\nNavajo Nation Oil and Gas Company, )\nRespondent. )\n____________________________________)\n) CPF No. 4-2017-5009\nFINAL ORDER\nFrom January 1, 2014 through December 31, 2016, pursuant to 49 U.S.C. § 60117, a\nrepresentative 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 Navajo Nation Oil and Gas Company (NNOGC or Respondent), in Farmington, New\nMexico. NNOGC operates oil and natural gas facilities in New Mexico, Colorado, Arizona, and\nUtah.1\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated April 6, 2017, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that NNOGC had violated 49 C.F.R. § 194.101(a) and proposed ordering Respondent to\ntake certain measures to correct the alleged violation.\nNNOGC responded to the Notice by letter dated May 9, 2017 (Response). The company did not\ncontest the allegation of violation but provided information concerning the corrective actions it\nhad taken. Respondent did not request a hearing and therefore has waived its right to one.\nFINDING OF VIOLATION\nIn its Response, NNOGC did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 194, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 194.101(a), which states:\n1 Navajo Nation Oil and Gas Company website, available at http://www.nnogc.com/about-us html (last accessed\nJuly 17, 2019).\n\n\n\nCPF No. 4-2017-5009\nPage 2\n§ 194.101 Operators required to submit plans.\n(a) Except as provided in paragraph (b) of this section, unless OPS\ngrants a request from an Federal On-Scene Coordinator (FOSC) to require\nan operator of a pipeline in paragraph (b) to submit a response plan, each\noperator of an onshore pipeline facility shall prepare and submit a response\nplan to PHMSA as provided in §194.119. A pipeline which does not meet\nthe criteria for significant and substantial harm as defined in §194.103(c)\nand is not eligible for an exception under §194.101(b), can be expected to\ncause substantial harm. Operators of substantial harm pipeline facilities\nmust prepare and submit plans to PHMSA for review.\nThe Notice alleged that Respondent violated 49 C.F.R. § 194.101(a) by failing to submit an oil-\nspill response plan to PHMSA. Specifically, the Notice alleged that NNOGC had operated the\nRunning Horse Pipeline, a crude oil pipeline subject to Part 194, since approximately 1998 but\nhad never submitted an oil-spill response plan to PHMSA as required by §§ 194.101(a) and\n194.119.\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. § 194.101(a) by failing to submit an\noil-spill response plan to PHMSA.\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 violation of\n49 C.F.R. § 194.101(a). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601. The Director\nindicates that on May 10, 2017, Respondent submitted an oil-spill response plan for the Running\nHorse Pipeline to PHMSA.\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nAugust 29, 2019\n___________________________________ _________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n420175009_Closure Letter_06212017_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 21, 2017\nMr. Joseph Robertson\nDirector of Pipeline Operations\nNavajo Nation Oil and Gas Company\nP.O. Box 4439\nWindow Rock, AZ 86515\nRe: CPF No. 4-2017-5009\nDear Mr. Gore:\nBetween January 1, 2014 and December 31, 2016, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(USC) inspected Navajo Nation Oil and Gas (NNOGC) records and procedures.\nAs a result of these inspections, a Notice of Probable Violation, CPF 4-2017-5009 was issued on\nApril 6, 2017. On May 9, 2017, NNOGC responded to the NOPV and submitted a copy of the\nNNOGC Response Plan for PHMSA review.\nMy staff has reviewed your plan and found it to adequately meet the requirements of Title 49, Code\nof Federal Regulations (CFR) Part 194.107. Subsequently, this letter is to inform you that no\nfurther action is necessary and the case is now closed. Thank you for your cooperation.\nSincerely,\nJ. A. Manning\nActing Director, Southwest Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":7731}