{"operation":"document","citation":"CPF 520095026W","title":"ONEOK ROCKIES MIDSTREAM, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-06-24","effective_on":null,"summary":"CLOSED warning letter citing 195.116, 195.403(b), 195.403(c), 195.428(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095026w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095026w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095026w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520095026W","body":"Warning Letter involving ONEOK ROCKIES MIDSTREAM, LLC. PHMSA's enforcement data identifies the cited regulations as 195.116,  195.403(b),  195.403(c),  195.428(a). The case was opened on 2009-06-24 and is reported as closed as of 2009-06-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520095026W_warning letter_06242009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095026W/520095026W_warning%20letter_06242009.pdf\n\n520095026W_warning letter_06242009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095026W/520095026W_warning%20letter_06242009_text.pdf\n\n520095026W_warning letter_06242009_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 24, 2009\nMr. Craig Forsander\nVice President\nONEOK/Bear Paw Energy, LLC\n100 West 5th Street\nTulsa, OK 74103\nCPF 5-2009-5026W\nDear Mr. Forsander:\nOn July 28 through 31, 2008, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your\nRiverview Pipeline in Sidney, Montana. As part of that inspection, our PHMSA representative\nreviewed your Operations and Maintenance Manual, implementing records, and the field\ncondition of your pipeline facilities.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violations are:\n1. §195.403 Emergency Response Training.\n(b) At intervals not exceeding 15 months, but at least once each calendar year, each\noperator shall:\n(1) Review with personnel their performance in meeting the objectives of the\nemergency response training program set forth in paragraph (a) of this section;\nand\n(2) Make appropriate changes to the emergency response training program as\nnecessary to insure that it is effective.\n\n\n\nPer §195.403(b), the Operator must conduct a review with emergency response\npersonnel to ensure that they are meeting the objectives of their emergency response\ntraining program at least once each calendar year and at intervals not exceeding 15\nmonths. Furthermore, Part §195.404(c) requires the Operator to maintain a record of\neach review in according to Part §195.403(b). During the inspection, Bear Paw\nEnergy’s records pertaining to the review of their employee’s performance on\nemergency response training were not clearly defined or documented.\n2. §195.403 Emergency Response Training.\n(c) Each operator shall require and verify that its supervisors maintain a thorough\nknowledge of that portion of the emergency response procedures established under\n§195.402 for which they are responsible to ensure compliance.\nThe Operator must verify that each supervisor maintains a thorough knowledge of the\nemergency response procedures for which they are responsible. Furthermore, Part\n§195.404(c) requires the Operator to maintain a record of each verification according to\nPart §195.403(c). During the inspection, Bear Paw Energy’s records pertaining to the\nnames of supervisors who have been verified as having thorough knowledge of their\nemergency procedures were not clearly documented.\n3. §195.428 Overpressure safety devices and overfill protection systems.\n(a) Except as provided in paragraph (b) of this section, each operator shall, at\nintervals not exceeding 15 months, but at least once each calendar year, or in the\ncase of pipelines used to carry highly volatile liquids, at intervals not to exceed 7 ½\nmonths, but at least twice each calendar year, inspect and test each pressure\nlimiting device, relief valve, pressure regulator, or other item of pressure control\nequipment to determine that it is functioning properly, is in good mechanical\ncondition, and is adequate from the standpoint of capacity and reliability of\noperation for the service in which it is used.\nPer §195.428(a), the Operator must inspect and test each overpressure safety device at\nleast twice each calendar year and at intervals not exceeding 15 months for highly\nvolatile liquids pipeline (HVL). Furthermore, Part §195.404(c) requires the Operator to\nmaintain a record of each test in according to Part §195.428(a). During the inspection,\nBear Paw Energy’s records pertaining to the inspection and testing of their two thermal\nrelief valves at the Grasslands Complex were not completed. Bear Paw Energy did not\nprovide evidence that the inspection and testing of each relief valve was completed.\n4. §195.116 Valves.\nEach valve installed in a pipeline system must comply with the following:\n2\n\n\n\n(e) Each valve other than a check valve must be equipped with a means for clearly\nindicating the position of the valve (open, closed, etc.).\nPer §195.116(c), the Operator must install each valve other than a check valve in a\npipeline system that is equipped with a means for clearly indicating the position of the\nvalve. During the field inspection portion, the upstream Yellowstone Block Valve did\nnot clearly indicate the valve position. Bear Paw Energy did not comply with Part\n§195.116(e) because each valve that is installed in a pipeline system must be equipped\nwith a means for clearly indicating the position of the valve.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item(s) identified in this\nletter. Failure to do so will result in Bear Paw Energy/ONEOK being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2009-5026W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 G. Davis/M. Petronis (#120772)\n3","truncated":false,"body_characters":6653}