{"operation":"document","citation":"CPF 520190011M","title":"AMAROQ RESOURCES, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-02-25","effective_on":null,"summary":"CLOSED notice of amendment citing 192.615(a)(1), 192.615(a)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190011m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190011m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190011m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520190011M","body":"Notice of Amendment involving AMAROQ RESOURCES, LLC. PHMSA's enforcement data identifies the cited regulations as 192.615(a)(1),  192.615(a)(4). The case was opened on 2019-02-25 and is reported as closed as of 2020-03-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520190011M_Closure Letter_03132020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190011M/520190011M_Closure%20Letter_03132020.pdf\n\n520190011M_Closure Letter_03132020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190011M/520190011M_Closure%20Letter_03132020_text.pdf\n\n520190011M_Notice of Amendment_02252019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190011M/520190011M_Notice%20of%20Amendment_02252019.pdf\n\n520190011M_Notice of Amendment_02252019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190011M/520190011M_Notice%20of%20Amendment_02252019_text.pdf\n\n520190011M_Order Directing Amendment_01072020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190011M/520190011M_Order%20Directing%20Amendment_01072020.pdf\n\n520190011M_Order Directing Amendment_01072020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190011M/520190011M_Order%20Directing%20Amendment_01072020_text.pdf\n\n520190011M_Notice of Amendment_02252019_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 25, 2019\nMr. Scott Pfoff\nPresident and CEO\nAurora Exploration LLC\n4645 Sweetwater Blvd., Suite 200\nSugarland, Texas 77479\nCPF 5-2019-0011M\nDear Mr. Pfoff:\nOn August 20 through 22, 2018, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nAurora Exploration LLC’s (Aurora) procedures for Operations and Maintenance and\nEmergency Response in Anchorage, Alaska.\nOn the basis of the inspection, PHMSA identified the apparent inadequacies within Aurora’s\nplans or procedures, as described below:\n1. § 192.615 Emergency plans.\n(a) Each operator shall establish written procedures to minimize the hazard\nresulting from a gas pipeline emergency. At a minimum, the procedures must\nprovide for the following:\n(1) Receiving, identifying, and classifying notices of events which require\nimmediate response by the operator.\n\n\n\nThe Operator’s Emergency Response Plan (AG-71-EP-REV1, \"ERP”) lacks an adequate\nprocess for receiving, identifying, and classifying notices. The ERP designates who will\nreceive, identify, and classify notices of events which require immediate response by Aurora.\nIt states that the first notification of events which need immediate response is “typically the\non-duty Production Supervisor with the Manager of Production Operations and Engineering\nas the secondary contact”. However, based on conversations with the operator, these\npositions no longer exist within Aurora. The operator failed to update the ERP with the\ncurrent position(s)for receiving, identifying, and classifying notices of event which require\nimmediate response by the operator. The procedure cannot be implemented as written in the\nERP.\n2. § 192.615 Emergency plans.\n(a) Each operator shall establish written procedures to minimize the hazard\nresulting from a gas pipeline emergency. At a minimum, the procedures must\nprovide for the following:\n(1) ….\n(4) The availability of personnel, equipment, tools, and materials, as needed at\nthe scene of an emergency.\nThe operator's Emergency Response Plans (AG-71-EP-REV1, \"ERP\") lacks an inventory or\nfails to otherwise identify what equipment, tools, and materials would be needed at the scene\nof an emergency. The ERP states that \"[t]he ERP will present an overview of the personnel\nand equipment typically available for immediate callout in the event or (sic) an emergency.\nThis will include company personnel and equipment, as well as other service providers and\ncontractors active in the area of operations.\" However, the ERP does not present an overview\nof personnel and equipment available for callout.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed\nas 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. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b).\n2\n\n\n\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\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in\nthis Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as\nalleged in this Notice without further notice to you and to issue an Order Directing\nAmendment. If your plans or procedures are found inadequate as alleged in this Notice, you\nmay be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. §\n190.206). If you are not contesting this Notice, we propose that you submit your amended\nprocedures to my office within 60 days of receipt of this Notice. This period may be extended\nby written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that Aurora maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Chris Hoidal, Acting Director, Western Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter,\nplease refer to CPF 5-2019-0011M and, for each document you submit, please provide a copy\nin electronic format whenever possible.\nSincerely,\nChris Hoidal\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: George Pollock, Senior Operations Consultant, gpollock@aurorapower.com\nPHP-60 Compliance Registry\nPHP-500 J. Gano (#160487)\n3\n\n520190011M_Closure Letter_03132020_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 13, 2020\nMr. G. Scott Pfoff\nPresident\nAmaroq Resources, LLC\n4665 Sweetwater Blvd., Suite 103\nSugar Land, TX 77479\nCPF 5-2019-0011M\nClosure Letter\nDear Mr. Pfoff:\nOn August 20 through 22, 2018, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-site\npipeline safety inspection of Aurora Exploration, LLC’s procedures in Anchorage, Alaska. As a result\nof the inspection, Aurora Exploration, LLC was issued a Notice of Amendment (NOA) on February\n25, 2019, which proposed amendment of your procedures. Amaroq Resources LLC 1 did not submit\namended procedures to PHMSA within 60 days of the receipt of the NOA and was issued an Order\nDirecting Amendment on January 7, 2020.\nAmaroq Resources, LLC submitted its amended procedures on February 18, 2020. My staff reviewed\nthe amended procedures, and it appears that the inadequacies outlined in the NOA and Order Directing\nAmendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you for\nyour cooperation.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 Jake Gano (#160487)\n1 Amaroq Resources, LLC (formerly Aurora Exploration, LLC) acquired the Nicolai Creek\nPipeline system on the west side of Cook Inlet, Alaska along with the producing assets of the Nicolai\nCreek Gas Field out of the bankruptcy proceedings of Aurora Gas, LLC\n\n520190011M_Order Directing Amendment_01072020_text.pdf\n\nJanuary 7, 2020\nMr. G. Scott Pfoff\nPresident and Chief Executive Officer\nAmaroq Resources, LLC\n4665 Sweetwater Boulevard, Suite 103\nSugar Land, Texas 77479\nRe: CPF No. 5-2019-0011M\nDear Mr. Pfoff:\nEnclosed please find the Order Directing Amendment issued in the above-referenced case. It\nmakes findings of inadequate procedures and requires Amaroq Resources, LLC (formerly Aurora\nExploration, LLC), amend certain emergency procedures. When the amendment of procedures\nis complete, as determined by the Director, Western Region, this enforcement action will be\nclosed. Service of the Order Directing Amendment by certified mail is effective upon the date of\nmailing 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: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA\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 )\nAmaroq Resources, LLC, ) CPF No. 5-2019-0011M\n)\n)\n)\nRespondent. )\n____________________________________)\nORDER DIRECTING AMENDMENT\nFrom August 20, 2018 through August 22, 2018, pursuant to 49 U.S.C. § 60117, a representative\nof the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline\nSafety (OPS), conducted an on-site pipeline safety inspection of Amaroq Resources, LLC’s\n(Amaroq or Respondent),1 plans and procedures in Anchorage, Alaska.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated February 25, 2019, a Notice of Amendment (NOA). In accordance\nwith 49 C.F.R. § 190.206, the NOA alleged certain inadequacies in Respondent’s emergency\nprocedures and proposed requiring Amaroq to amend its procedures to comply with 49 C.F.R.\n§ 192.615.\nRespondent failed to respond within 30 days of receipt of service of the NOA. Eventually,\nRespondent responded on August 12, 2019, well after the 30 day deadline. In its response,\nAmaroq did not contest the proposed NOA and further indicated that it would take measures to\ncorrect the identified inadequacies. However, to date, Amaroq has yet to provide OPS with\namended procedures. Such failure to submit a timely response constitutes a waiver of Amaroq’s\nright to contest the alleged inadequacies in the NOA and authorizes the Associate Administrator,\nwithout further notice, to find facts as alleged in the NOA and to issue this Order Directing\nAmendment.\nAccordingly, I find that Amaroq’s procedures are inadequate to ensure safe operation of its\npipeline system. Pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206, Amaroq is ordered\nto make the following revisions to its procedures. Respondent must:\n1 Prior to the OPS inspection, Aurora Exploration, LLC changed its name to Amaroq Resources, LLC in April\n2018. While the Notice of Amendment used the operator’s prior legal name, the legal entity and owner of the\npipeline remains the same.\n\n\n\nCPF 5-2019-0011M\nPage 2\n1. Amend and update its Emergency Response Plan to include the current positions\nwho receive, identify, and classify notices of events which require immediate\nresponse by the operator, as required by § 192.615.\n2. Amend its Emergency Response Plan to provide an overview of personnel and\nequipment available for an immediate callout in the event of an emergency.\n3. Submit the amended procedures to the Director within 60 days following receipt\nof this Order Directing Amendment.\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.\nFailure to comply with this Order may result in administrative assessment of civil penalties not\nto exceed $200,000, as adjusted for inflation (49 C.F.R. § 190.223), for each violation for each\nday the violation continues or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Order\nDirecting Amendment to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200\nNew Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to\nthe Office of Chief Counsel, PHMSA, at the same address, no later than 20 days after receipt of\nthis Order Directing Amendment by Respondent. Any petition submitted must contain a\nstatement of the issue(s) and meet all other requirements of 49 C.F.R. § 190.243. The terms of\nthe order, including corrective action, remain in effect unless the Associate Administrator, upon\nrequest, grants a stay.\nThe terms and conditions of this Order Directing Amendment are effective upon service in\naccordance with 49 C.F.R. § 190.5.\nJanuary 7, 2020\n___________________________________ ______________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":13481}