{"operation":"document","citation":"CPF 420195017","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":"2019-09-16","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.452(a), 195.452(h)(4)(ii)(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195017.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195017.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195017","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420195017","body":"Notice of Probable Violation involving ONEOK NGL PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 195.452(a),  195.452(h)(4)(ii)(b). The case was opened on 2019-09-16 and is reported as closed as of 2020-01-14. Proposed civil penalty: $63,900. Assessed civil penalty: $63,900. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420195017_Final Order_01142019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195017/420195017_Final%20Order_01142019.pdf\n\n420195017_Final Order_01142019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195017/420195017_Final%20Order_01142019_text.pdf\n\n420195017_Final Order_01142020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195017/420195017_Final%20Order_01142020.pdf\n\n420195017_NOPV PCP_09162019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195017/420195017_NOPV%20PCP_09162019.pdf\n\n420195017_NOPV PCP_09162019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195017/420195017_NOPV%20PCP_09162019_text.pdf\n\n420195017_Operator Response to Notice_10182019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195017/420195017_Operator%20Response%20to%20Notice_10182019.pdf\n\n420195017_Final Order_01142019_text.pdf\n\nJanuary 14, 2020\nMr. Terry K. Spencer\nPresident and Chief Executive Officer\nONEOK, Inc.\n100 West Fifth Street\nTulsa, Oklahoma 74103\nRe: CPF No. 4-2019-5017\nDear Mr. Spencer:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation against your subsidiary, ONEOK NGL Pipeline, LLC, and finds that the civil penalty\namount of $63,900 has been paid in full. This case is now closed. Service of the Final Order by\ncertified mail is effective upon 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\nEnclosures (Final Order and NOPV)\ncc: Ms. Mary McDaniel, Director, Southwest Region, Office of Pipeline Safety, PHMSA\nMr. Scott Schingen, Vice President - NGL Operations, ONEOK, Inc.\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 )\nONEOK NGL Pipeline, LLC, ) CPF No. 4-2019-5017\na subsidiary of ONEOK, Inc., )\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn September 16, 2019, pursuant to 49 C.F.R. § 190.207, the Director, Southwest Region,\nOffice of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to ONEOK NGL\nPipeline, LLC (Respondent), a subsidiary of ONEOK, Inc.1 The Notice proposed finding that\nRespondent had violated the pipeline safety regulations in 49 C.F.R. Part 195 and proposed a\ncivil penalty of $63,900. Respondent did not contest the allegation of violation and paid the\nproposed civil penalty by wire transfer on October 15, 2019. In accordance with\n§ 190.208(a)(1), such payment authorizes the entry of this final order.\nBased upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the\npipeline safety regulations listed below, as more fully described in the enclosed Notice:\n49 C.F.R. § 195.452(h)(4)(ii)(B) (Item 1) ─ Respondent failed to remediate a\ndent with metal loss on the bottom of the Lufkin to Mont Belvieu Loop Index\n21084 10-inch pipeline segment within 60 days of discovery.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent. In accordance with 49 C.F.R. § 190.223, Respondent is assessed the\nproposed civil penalty amount of $63,900, which Respondent has already paid in full.\nThe terms and conditions of this order are effective upon service in accordance with 49 C.F.R.\n§ 190.5.\nJanuary 14, 2020\n___________________________________ _________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n1 ONEOK, Inc.’s website, available at https://www.oneok.com/customers/ngl (last accessed on December 23, 2019).\n\n420195017_Final Order_01142020.pdf\n\nU.S. Department\nJAN 1 4 2020\n1200 New Jersey Ave., SE\nof Transportation\nWashington, DC 20590\nPipeline and Hazardous Materials\nSafety Administratior\nMr. Terry K. Spencer\nPresident and Chief Executive Officer\nONEOK, Inc.\n100 West Fifth Street\nTulsa, Oklahoma 74103\nRe: CPF No. 4-2019-5017\nDear Mr. Spencer:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation against your subsidiary, ONEOK NGL Pipeline, LLC, and finds that the civil penalty\namount of $63,900 has been paid in full. This case is now closed. Service of the Final Order by\ncertified mail is effective upon the date of mailing as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAssociate Administrator\nfor Pipeline Safety\nEnclosures (Final Order and NOPV)\nCC:\nMs. Mary McDaniel, Director, Southwest Region, Office of Pipeline Safety, PHMSA\nMr. Scott Schingen, Vice President - NGL Operations, ONEOK, Inc.\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\nIn the Matter of\nONEOK NGL Pipeline, LLC,\nCPF No. 4-2019-5017\na subsidiary of ONEOK, Inc.,\nRespondent.\nFINAL ORDER\nOn September 16, 2019, pursuant to 49 C.F.R. § 190.207, the Director, Southwest Region,\nUttice ot Pipeline Satety (OPS), issued a Notice of Probable Violation (Notice) to ONEOK NGL\nPipeline, LLC (Respondent), a subsidiary of ONEOK, Inc.' The Notice proposed finding that\nivil penalty of $63,900. Respondent did not contest the allegation of violation and paid th\nespondent had violated the pipeline safety regulations in 49 C.F.R. Part 195 and proposed\nproposed civil penalty by wire transfer on October 15, 2019. In accordance with\n§ 190.208(a)(1), such payment authorizes the entry of this final order.\nBased upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the\npipeline safety regulations listed below, as more fully described in the enclosed Notice:\n49 C.F.R. § 195.452(h)(4)(ii)(B) (Item 1) - Respondent failed to remediate a\ndent with metal loss on the bottom of the Lufkin to Mont Belvieu Loop Index\n21084 10-inch pipeline segment within 60 days of discovery.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent. In accordance with 49 C.F.R. § 190.223, Respondent is assessed the\nproposed civil penalty amount of $63,900, which Respondent has already paid in full.\nThe terms and conditions of this order are effective upon service in accordance with 49 C.F.R.\n§ 190.5.\nPlant Wan\nJAN 1 4 2020\nAlan K. Mayberry\nDate Issued\nAssociate Administrator\nfor Pipeline Safety\n'ONEOK, Inc.'s website, available at https://www.oneok.com/customers/ngl (last accessed on December 23, 2019).\n\n\n\nU.S. Department\n8701 S. Gessner, Suite 630\nof Transportation\nHouston, TX 77074\nPipeline and\nAdministration\nHazardous Materials Safety\nNOTICE OF PROBABLE VIOLATION\nand\nPROPOSED CIVIL PENALTY\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 16, 2019\nScott Schingen\nVice President NGL Operations\nOneok NGL Pipeline, LLC\n100 West Fifth Street\nTulsa, Oklahoma 74103\nCPF 4-2019-5017\nDear Mr. Schingen:\nFrom October 15, 2018 to March 20, 2019, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.) inspected Oneok NGL Pipeline, LLC's (Oneok) West Texas\nLPG System Pipelines in New Mexico and Texas.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected\nand the probable violation is:\n\n\n\n1.\n$195.452 Pipeline integrity management in high consequence areas.\n(a) Which pipelines are covered by this section? This section applies to each hazardous\nliquid pipeline and carbon dioxide pipeline that could affect a high consequence area,\nincluding any pipeline located in a high consequence area unless the operator\neffectively demonstrates by risk assessment that the pipeline could not affect the area.\n(b) What actions must an operator take to address integrity issues?\n(4) Special requirements for scheduling remediation\n(ii) 60-day conditions. Except for conditions listed in paragraph (h)(4)(i) of this\nsection, an operator must schedule evaluation and remediation of the following\nconditions within 60 days of discovery of condition.\n(B) A dent located on the bottom of the pipeline that has any indication of metal loss,\ncracking or a stress riser.\nOneok failed to remediate a dent with metal loss on the bottom of the Lufkin to Mont Belvieu\nLoop Index 21084 10-inch pipeline segment within 60 days of discovery on the as required by §\n195.452(h) (4)(ii)(B).\nOneok performed an in-line inspection of the Lufkin to Mont Belvieu Loop Index 21084 10-inch\npipeline segment on January 24, 2017, using a T.D. Williamson (TDW) combination Magnetic.\nFlux Leakage and Deformation inspection tool. TDW issued to Oneok a Final Pipeline Inspection\nReport on June 27, 2017. The Final Report indicated a 1 percent dent with 10 percent external\nmetal loss at the same orientation on the bottom of the pipe. The bottom side dent with indication\nof metal loss was located in a High Consequence Area; therefore, Oneok was required to remediate\nthe dent with metal loss within 60 days of discovery in accordance with § 195.452(h) (4)(ii)(B).\nOn November 15, 2017, Oneok remediated the dent with metal loss by welding a Type-B sleeve\nover the anomaly. With the discovery date for the conditions being June 27, 2017, Oneok exceeded\nthe 60-day remediation schedule by 81 days.\nProposed Civil Penalty\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related\nseries of violations. For violation occurring on or after November 27, 2018 and before July 31,\n2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum\npenalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and\nbefore November 27, 2018, the maximum penalty may not exceed $209,002 per violation per day,\nwith a maximum penalty not to exceed $2,090,022. For violations occurring prior to November\n2, 2015, the maximum penalty may not exceed $200,000 per violation per day, with a maximum\npenalty not to exceed $2,000,000 for a related series of violations. The Compliance Officer has\nreviewed the circumstances and supporting documentation involved for the above probable\nviolation and has recommended that you be preliminarily assessed a civil penalty of $63,900.\n2\n\n\n\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. All\nmaterial submit in response to this enforcement action may be made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, or request a\nhearing under 49 CFR § 190.211. If you do not respond within 30 days of receipt of this Notice,\nthis constitutes a waiver of your right to contest the allegations in this Notice and authorizes the\nAssociate Administrator for Pipeline Safety to find facts as alleged in this Notice without further\nnotice to you and to issue a Final Order. If you are responding to this Notice, we propose that you\nsubmit your correspondence to my office within 30 days from the receipt of this Notice. This\nperiod may be extended by written request for good cause.\nIn your correspondence on this matter, please refer to CPF 4-2019-5017 and, for each document\nyou submit, please provide a copy in electronic format whenever possible.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings","truncated":false,"body_characters":12771}