{"operation":"document","citation":"CPF 420175028","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":"2017-09-05","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.428(a), 195.452(i)(4), 195.575(c), 195.589(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175028.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175028.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175028","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420175028","body":"Notice of Probable Violation involving ONEOK NGL PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 195.428(a),  195.452(i)(4),  195.575(c),  195.589(c). The case was opened on 2017-09-05 and is reported as closed as of 2019-05-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420175028_Closure Letter_05012019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175028/420175028_Closure%20Letter_05012019.pdf\n\n420175028_Closure Letter_05012019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175028/420175028_Closure%20Letter_05012019_text.pdf\n\n420175028_Final Order_12122018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175028/420175028_Final%20Order_12122018.pdf\n\n420175028_Final Order_12122018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175028/420175028_Final%20Order_12122018_text.pdf\n\n420175028_NOPV PCO_09052017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175028/420175028_NOPV%20PCO_09052017.pdf\n\n420175028_NOPV PCO_09052017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175028/420175028_NOPV%20PCO_09052017_text.pdf\n\n420175028_Operator Response to Notice and Request For Time Extension_10112017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175028/420175028_Operator%20Response%20to%20Notice%20and%20Request%20For%20Time%20Extension_10112017.pdf\n\n420175028_Closure Letter_05012019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 1, 2019\nScott Schingen\nVP NGL Operations\nONEOK Partners, L.P.\n100 West Fifth Street\nTulsa, Oklahoma 74103\nCPF 4-2017-5028\nDear Mr. Schingen:\nOn December 12, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to ONEOK Partners, L.P. (ONEOK) a Final Order in the above-referenced case. This Order\nincluded a Compliance Order.\nBased on our review of the documentation provided, it has been determined that you have complied\nwith the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n\n420175028_Final Order_12122018_text.pdf\n\nDecember 12, 2018\nMr. Terry K. Spencer\nPresident and CEO\nONEOK, Inc.\n100 West Fifth Street\nTulsa, OK 74103\nRe: CPF No. 4-2017-5028\nDear Mr. Spencer:\nEnclosed please find the Final Order issued in the above-referenced case. It makes one finding\nof violation and specifies actions that need to be taken by ONEOK NGL Pipeline, LLC, a\nsubsidiary of ONEOK, Inc., to comply with the pipeline safety regulations. When the terms of\nthe compliance order have been completed, as determined by the Director, Southwest Region,\nthis enforcement action will be closed. Service of the Final Order by certified mail is effective\nupon the date of mailing as provided under 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. Wesley Christensen, Vice President, NGL Operations, 100 West Fifth Street, Tulsa,\nOK 74103\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. 4-2017-5028\na subsidiary of ONEOK, Inc., )\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom May 2016 through November 2016, pursuant to 49 U.S.C. § 60117, a representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the facilities and records of ONEOK\nNGL Pipeline, LLC (ONEOK NGL or Respondent), in Texas, Oklahoma, and Kansas. ONEOK\nNGL is a subsidiary of ONEOK, Inc., one of the largest energy midstream service providers in\nthe United States.1 ONEOK NGL operates approximately 2,440 miles of natural gas liquid\n(NGL) pipelines, with a peak capacity of 393,000 barrels per day.2\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated September 5, 2017, a Notice of Probable Violation and Proposed\nCompliance Order (Notice), which also included warnings pursuant to 49 C.F.R. § 190.205. In\naccordance with 49 C.F.R. § 190.207, the Notice proposed finding that ONEOK NGL had\nviolated 49 C.F.R. § 195.452 and proposed ordering Respondent to take certain measures to\ncorrect the alleged violation. The warning items required no further action, but warned the\noperator to correct the probable violations or face possible future enforcement action.\nONEOK Partners, LP, responded to the Notice, on behalf of ONEOK NGL, by letter dated\nOctober 11, 2017 (Response). 3 The company did not contest the allegation of violation but\nrequested that the compliance terms be modified. Respondent did not request a hearing and\ntherefore has waived its right to one.\n1 ONEOK website, About Us, available at http://www.oneok.com/About (last accessed September 10, 2018).\n2 ONEOK website, ONEOK NGL Pipeline, LLC, available at\nhttp://www.oneok.com/partners/Customers/NaturalGasLiquids/Pipelines/NGLPipeline (last accessed September 12,\n2018).\n3The Response was on ONEOK Partners, LP letterhead. However, ONEOK, Inc. acquired ONEOK Partners, LP on\nJune 30, 2017.\n\n\n\nCPF 4-2017-5028\nPage 2\nFINDING OF VIOLATION\nIn its Response, ONEOK NGL did not contest the allegation in the Notice that it violated 49\nC.F.R. Part 195, as follows:\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.452(i), which states in\nrelevant part:\n§ 195.452 Pipeline integrity management in high consequence areas.\n(a) …\n(i) What preventive and mitigative measures must an operator take to\nprotect the high consequence area?\n(1) …\n(4) Emergency Flow Restricting Devices (EFRD). If an operator\ndetermines that an EFRD is needed on a pipeline segment to protect a high\nconsequence area in the event of a hazardous liquid pipeline release, an\noperator must install the EFRD. In making this determination, an operator\nmust, at least, consider the following factors—the swiftness of leak\ndetection and pipeline shutdown capabilities, the type of commodity\ncarried, the rate of potential leakage, the volume that can be released,\ntopography or pipeline profile, the potential for ignition, proximity to power\nsources, location of nearest response personnel, specific terrain between the\npipeline segment and the high consequence area, and benefits expected by\nreducing the spill size.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.452(i)(4) by failing to complete its\nprocess to determine if EFRDs were needed on pipeline segments to protect high consequence\nareas in the event of a hazardous liquid pipeline release. Specifically, the Notice alleged that\nONEOK NGL failed to perform initial EFRD evaluations on 17 pipelines.\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. § 195.452(i)(4) by failing to perform\ninitial EFRD evaluations on 17 pipeline segments to determine if EFRDs were needed to protect\nhigh consequence areas in the event of a hazardous liquid pipeline release.\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 2 in the Notice for violations of\n49 C.F.R. § 195.452(i)(4). 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.\n\n\n\nCPF 4-2017-5028\nPage 3\nWith regard to the violation of § 195.452(i)(4), Respondent did not contest the substance of the\ncompliance terms but requested that the compliance terms be modified. Specifically,\nRespondent requested that the compliance terms require ONEOK NGL to perform a study to\ndetermine if EFRDs were needed, rather than perform a study to determine that EFRDs were\nneeded. In addition, Respondent requested an additional 60 days to complete the EFRD analysis.\nI find the proposed modifications to the compliance terms are appropriate since § 195.452(i)(4)\nonly requires EFRDs if an operator determines, through evaluation, that they are needed.\nRegarding the request for additional time to complete the compliance terms, the Director\nrecommends that the Respondent have an additional 60 days (150 days in total) to complete the\nterms of the compliance order. Therefore, pursuant to the authority of 49 U.S.C. § 60118(b) and\n49 C.F.R. § 190.217, Respondent is ordered to take the following actions to ensure compliance\nwith the pipeline safety regulations applicable to its operations:\n1. With respect to the violation of § 195.452(i)(4) (Item 2), Respondent must perform\na study based on its current High Consequence Areas list to determine if an EFRD is\nneeded on a pipeline segment to protect a high consequence area in the event of a\nhazardous liquid pipeline release, to enhance public safety.\n2. With respect to the violation of § 195.452(i)(4) (Item 2), Respondent must\ncomplete item 1 of this Compliance Order within 150 days of receipt of this Final\nOrder.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nIt is requested that Respondent maintain documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to the Director. It is\nrequested that these costs be reported in two categories: (1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses; and (2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000, as adjusted for inflation (49 C.F.R. § 190.223), for each violation for\neach day the violation continues or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\nWARNING ITEMS\nWith respect to Items 1, 3, and 4, the Notice alleged probable violations of Part 195 but did not\npropose a civil penalty or compliance order for these items. Therefore, these are considered to\nbe warning items. The warnings were for:\n\n\n\nCPF 4-2017-5028\nPage 4\n49 C.F.R. § 195.575(c) (Item 1) ─ Respondent’s alleged failure to inspect and\nelectrically test each electrical isolation to assure the isolation was adequate. In\naddition, Respondent allegedly found structure pipe-to-soil and foreign pipe-to-\nsoil readings less than 100 mV and failed to take actions to correct any deficiency\nless than 100 mV between the casing and foreign pipeline within 12 months, as\nrequired by Respondent’s procedures.\n49 C.F.R. § 195.589(c) (Item 3) ─ Respondent’s alleged failure to maintain a\nrecord of each inspection required under Part 195, subpart H (Corrosion Control).\n49 C.F.R. § 195.428(a) (Item 4) ─ Respondent’s alleged failure to inspect and\ntest each pressure-limiting device, relief valve, pressure regulator, or other item of\npressure-control requirement to determine that it is functioning properly, is in\ngood mechanical condition, and is adequate from the standpoint of capacity and\nreliability of operation for the service in which it is used.\nIf OPS finds a violation of any of these items in a subsequent inspection, Respondent may be\nsubject to future enforcement action.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address, no later than 20 days after receipt of service of this\nFinal Order by Respondent. Any petition submitted must contain a statement of the issue(s) and\nmeet all other requirements of 49 C.F.R. § 190.243. The terms of the order, including corrective\naction, remain in effect unless the Associate Administrator, upon request, grants a stay.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nDecember 12, 2018\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":12883}