{"operation":"document","citation":"CPF 42020004NOA","title":"ONEOK NGL PIPELINE, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-08-25","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(a), 195.64(c)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020004noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020004noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020004noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42020004NOA","body":"Notice of Amendment involving ONEOK NGL PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.64(c)(2). The case was opened on 2020-08-25 and is reported as closed as of 2020-10-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42020004NOA_Closure Letter_10192020_(20-171934).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020004NOA/42020004NOA_Closure%20Letter_10192020_(20-171934).pdf\n\n42020004NOA_Closure Letter_10192020_(20-171934)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020004NOA/42020004NOA_Closure%20Letter_10192020_(20-171934)_text.pdf\n\n42020004NOA_Notice of Amendment_08252020_(20-171934).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020004NOA/42020004NOA_Notice%20of%20Amendment_08252020_(20-171934).pdf\n\n42020004NOA_Notice of Amendment_08252020_(20-171934)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020004NOA/42020004NOA_Notice%20of%20Amendment_08252020_(20-171934)_text.pdf\n\n42020004NOA_Operator Response to Notice_09252020_(20-171934).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020004NOA/42020004NOA_Operator%20Response%20to%20Notice_09252020_(20-171934).pdf\n\n42020004NOA_Closure Letter_10192020_(20-171934)_text.pdf\n\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nOctober 19, 2020\nKevin Burdick\nExecutive Vice President & Chief Operating Officer\nONEOK NGL Pipeline, LLC\n100 West Fifth Street\nTulsa, Oklahoma 74103\nCPF 4-2020-004-NOA\nDear Mr. Burdick:\nOn August 25, 2020, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to ONEOK NGL, LLC, a Notice of Amendment, which proposed amendments to your\nOperation and Maintenance Procedures. Based on the review of the amended procedures submitted\nto PHMSA on July 10, 2020 and September 25, 2020, it has been determined the inadequacies\nhave been corrected.\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.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n\n42020004NOA_Notice of Amendment_08252020_(20-171934)_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nAugust 25, 2020\nKevin Burdick\nExecutive Vice President & Chief Operating Officer\nONEOK NGL Pipeline, LLC\n100 West Fifth Street\nTulsa, Oklahoma 74103\nCPF 4-2020-004-NOA\nDear Mr. Burdick:\nFrom February 10 to 27, 2020, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nONEOK NGL, LLC’s (ONEOK) Operation and Maintenance Procedures for its hazardous natural\ngas liquid transmission pipeline system located in Tulsa, OK.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nONEOK’s plans or procedures, as described below:\n1 § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a manual\nof written procedures for conducting normal operations and maintenance activities\nand handling abnormal operations and emergencies. This manual shall be reviewed\nat intervals not exceeding 15 months, but at least once each calendar year, and\nappropriate changes made as necessary to insure that the manual is effective. This\nmanual shall be prepared before initial operations of a pipeline system commence,\nand appropriate parts shall be kept at locations where operations and maintenance\nactivities are conducted.\n§195.64 National Registry of Pipeline and LNG Operators.\n(c) Changes. Each operator must notify PHMSA electronically through the National\nRegistry of Pipeline and LNG Operators at http://opsweb.phmsa.dot.gov, of certain\nevents.\n\n\n\n(2) An operator must notify PHMSA of any following event not later than 60 days\nafter the event occurs:\n(i) A change in the primary entity responsible (i.e., with an assigned OPID) for\nmanaging or administering a safety program required by this part covering pipeline\nfacilities operated under multiple OPIDs.\n(ii) A change in the name of the operator;\n(iii) A change in the entity (e.g., company, municipality) responsible for operating\nan existing pipeline, pipeline segment, or pipeline facility;\n(iv) The acquisition or divestiture of 50 or more miles of pipeline or pipeline system\nsubject to this part; or\n(v) The acquisition or divestiture of an existing pipeline facility subject to this part.\nONEOK’s Natural Gas Liquid Operations & Maintenance (O&M) Manual (Document\nNo. PRC1400.00; last revised 11/4/2019/rev.17), Section 2 (page 17) failed to include\nprocedures for the notification to PHMSA through the National Registry for changes in\noperations as required by §195.64(c)(2). The requirements for the notification were\nplaced in a non-related section on page 18 of its O&M Manual.\nOn July 10, 2020, ONEOK emailed PHMSA staff an updated procedure (dated July 1,\n2020) and PHMSA staff confirmed with ONEOK that the misplaced acquisition/divestiture\nsection from page 18 was correctly removed and moved to the O&M Manual section for\nPHMSA Event Notifications. No further action is necessary for this item.\n2. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective.\nThis manual shall be prepared before initial operations of a pipeline system\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nONEOK’s written O&M Manual (Document No. PRC1400.00; last revised\n11/4/2019/rev.17) did not include adequate procedures in the ten areas listed below:\nA. ONEOK’s written O&M and Emergency Procedures (Section 3 - Normal\nOperations; 3.1 General Procedures, Section 2-Emergency Procedures) did not\ninclude procedures for reviewing its manual once each calendar year at intervals\nnot exceeding 15 months, nor did it include procedures for the process and\nresponsibility of documenting the review and any subsequent changes.\nDuring the inspection, PHMSA representatives were referred to Section 6 -\nEmployee Training; Review: Emergency Response Training, Emergency\nProcedures, and Emergency Action Plans §195.403(a)(1)(4) &\n\n\n\n§195.403(b). However, the referenced section did not address the review of the\nEmergency Procedures, but rather a review of the effectiveness of the emergency\nresponse training program.\nOn July 10, 2020, ONEOK emailed PHMSA staff an updated procedure for review\nof its Emergency Procedure, dated July 1, 2020. PHMSA OPS reviewed the\nupdated procedures and confirmed that ONEOK addressed the identified\ninadequacy by adding the required frequency in accordance with §195.402(a).\nTherefore, no further action is necessary for this item.\nB. ONEOK’s O&M Manual did not have an adequate procedure for providing\nprotection against ignitions of breakout tanks as required under §195.405(a).\nAlthough ONEOK’s O&M Manual refers to the applicable API RP 2003, it does\nnot contain procedures that address protection against ignitions of aboveground\nbreakout tanks or provides justification in the O&M as to why compliance with all\nor certain provisions of API RP 2003 are not necessary for the safety of a breakout\ntank.\nONEOK’s O&M must be amended to include a procedure for the protection against\nignitions in accordance with §195.405(a) or provide a justification as to why\ncompliance with all or certain provisions of API RP 2003 is not necessary.\nC. ONEOK’s emergency procedures in its O&M Manual were inadequate because the\nprocedures did not correctly reference the appropriate pipeline safety regulation.\nSpecifically, Section 2-Emergency Procedures; Accident Review §195.402(c)(4)-\n(6)/§195.446(g)(1) and Section 6-Employee Training; Review: Emergency\nResponse Training, Emergency Procedures, and Emergency Action Plans\n§195.403(a)(1-4)/§195.403(b) provided procedures for conducting a post-accident\nreview of employee activities to determine whether the procedures were effective\nin each emergency and to take corrective action where deficiencies are found.\nHowever, the appropriate code reference for this procedure is §195.402(e)(9), and\nnot §195.402(c)(4)-(6).\nOn July 10, 2020, ONEOK submitted to PHMSA updated procedures dated July 1,\n2020. PHMSA reviewed and confirmed that procedures were updated to include\nthe correct code reference §195.402(e)(9) in Section 2 and to remove the reference\nto the post-accident review in Section 6. No further action is necessary for this item.\nD. ONEOK’s O&M Section 3-Normal Operations, Maximum Operating Parameters-\n§195.406 (page 29-30). MOP Establishment and Pressure Testing Process and\nEstablishing Pressure Controller and Shutdown Device Set Points process is\ninaccurate as both activities refer to the same procedure number NGLdot3.0428.\nOn July 10, 2020, ONEOK emailed PHMSA an updated procedure date July 1,\n2020, which PHMSA reviewed and confirmed that the procedure in Section 3 of\n\n\n\nONEOK’s O&M Manual was corrected to reflect the correct referenced procedure\nof NGLdot3.0428 - Establishing Pressure Controller and Shutdown Device Set\nPoints. No further action is necessary for this item.\nE. ONEOK’s O&M Section 3-Normal Operations, Pipeline Marking-§195.410 was\ninadequate because it did not reference ONEOK’s Right of Way and Pipeline\nMarker Evaluation Procedure (Document No. NGL.dot3.0410; rev. 3.2, last\nrevised 1/21/12), which is a procedure that outlines the process for ONEOK to\nevaluate its buried pipelines to ensure there is proper line markers in accordance\nwith §195.410.\nOn July 10, 2020, ONEOK emailed an updated procedure date July 1, 2020 to\nPHMSA, who reviewed and confirmed that Section 3 of ONEOK’s O&M Manual\nwas revised to include reference to the ONEOK’s Right of Way and Pipeline\nMarker Evaluation Procedure. No further action is necessary for this item.\nF. ONEOK’s O&M procedures for inspections of rights-of-way and crossing under\nnavigable waters was inadequate because it did not reference ONEOK’s guideline\nfor evaluation of pipeline crossings under waterways. Specifically, Section 3-\nNormal Operations, Navigable Waterway Crossing-§195.412(b) on page 33 of\nONEOK’s O&M Manual did not reference. ONEOK Guideline 1601.193-\nEvaluation of Pipeline Crossing Under Waterways Procedure.\nOn July 10, 2020, ONEOK provided an updated procedure dated July 1, 2020 to\nPHMSA, who reviewed and confirmed that the procedure was revised to include\nreference to the ONEOK Guideline 1601.193 on page 36. Therefore, no further\naction is necessary for this item.\nG. ONEOK’s O&M Section 3-Normal Operations; Breakout Tank Inspection -\n§195.405; §195.428(d); §195.432 does not have the correct cross reference to other\nONEOK procedures that ONEOK personnel utilized during inspections. While\nSection 4 includes reference to the applicable API Standards that should be used\nwhen conducting the breakout tank inspections, this procedure does not include a\nreference to the ONEOK’s Breakout Tank Inspections Procedure (Document No:\n2.200.2301; rev. 02; date revised-1/22/2020). In addition, this breakout tank\ninspection procedure is not referenced in any part of ONEOK’s O&M Manual.\nDuring the inspection, ONEOK representatives stated that the O&M staff, who\nconduct breakout tank inspections, rely on ONEOK’s Breakout Tank Inspections\nProcedure, which provides detailed guidance in the performance of the breakout\ntank inspections. ONEOK must review its O&M Manual to ensure it references\nONEOK’s Breakout Tank Inspections Procedure in the appropriate and applicable\nsections, and amend accordingly.\nH. ONEOK’s O&M Manual, Section 3-Normal Operations, Security of Pipeline\nFacilities-§195.436, included a reference to a security standard that is not\n\n\n\nI. J. applicable to the security requirements of §195.436. Specifically, this procedure\nstates, “ONEOK will provide protection from vandalism and unauthorized entry\nfor each pumping station, breakout tank area, or other exposed pipeline facilities in\naccordance with the Operations Security Compliance Standard.”\nDuring the inspection, PHMSA reviewed Operations Security Compliance\nStandard, which addressed direct security incident management and security\nregulatory compliance activities for ONEOK operations and also contained a\nsection on Physical Security-7.1. The Standard, however, noted that\n\"Security requirements associated with other regulations, such as DOT 192 and\n§195, are not within the scope of this Standard.\" Furthermore, while reviewing\nthe Pump Station Security procedure, which is also found in Section 3-Normal\nOperations, Security of Pipeline Facilities-§195.436, there was a reference to\nFacility Security Plan (Document no. NGLsaf3.0001), however, ONEOK was\nunable to locate this Plan upon request.\nOn July 10, 2020, ONEOK submitted an updated procedure dated July 1, 2020 to\nPHMSA, who reviewed and confirmed that ONEOK updated Section 3 to remove\nincorrect security procedures. No further action is necessary for this item.\nONEOK’s O&M Manual did not provide did not provide adequate instructions for\nthe installation of test leads in accordance with §195.567(b). PHMSA inspectors\nreview Section 3-Normal Operations, Test Leads-§195.567 on page 43 of\nONEOK’s O&M Manual and ONEOK’s Corrosion Control Manual\n(NGLdot3.0550), and noted that neither contained a typical installation procedure\nor diagram for the installation of test leads. Instead, ONEOK provided during the\ninspection two different documents and drawings for the installation of test leads –\none from its engineering department and other was from its construction\ndepartment – however, these documents were not referenced in ONEOK’s O&M\nManual.\nOn July 10, 2020, ONEOK provided an updated procedure (dated July 1, 2020)\nvia email to PHMSA. PHMSA reviewed the updated procedures and confirmed\nthat the procedure was revised to include reference to the ONEOKs Cathodic\nProtection Test Station drawing 999-CP-065 for instructions on how to install test\nleads on page 47. Therefore, no further action is necessary for this item.\nONEOK’s O&M Emergency Procedures are inadequate because the procedures did\nnot provide a process or details for minimizing the likelihood of accidental ignition\nof vapors in areas near facilities identified in §195.402(c)(4) where the potential\nexists for the presence of flammable liquids or gases. Section 2-Emergency\nProcedures, Accidental Ignition-§195.402(c)(11) does not provide written\nprocedures but only recites the regulatory text of -§195.402(c)(11).\n\n\n\nONEOK must amend its procedures to address the specifics of the ONEOK NGL\nsystem by providing more details for minimizing the likelihood of accidental\nignition vapors, and not simply paraphrasing §195.402(c)(11).\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that ONEOK NGL Pipeline, LLC maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Mary McDaniel, Director,\nSouthwest, PHMSA. In correspondence concerning this matter, please refer to CPF 4-2020-004-\nNOA and, for each document you submit, please provide a copy in electronic format whenever\npossible.\nIn regards to Items 1, 2A, 2C – 2F, 2H and 2I listed above, ONEOK provided updated O&M\nprocedures via email to PHMSA on July 10, 2020. These procedure submittals were reviewed and\ndeemed adequate. No further action is required in response to these items.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":17868}