{"operation":"document","citation":"CPF 120025004","title":"EXXON PIPELINE COMPANY — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-07-02","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120025004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120025004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120025004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120025004","body":"Notice of Probable Violation involving EXXON PIPELINE COMPANY. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(3). The case was opened on 2002-07-02 and is reported as closed as of 2003-09-16. Proposed civil penalty: $25,000. Assessed civil penalty: $25,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120025004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120025004/120025004.pdf\n\n120025004_Final_Order_07292003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120025004/120025004_Final_Order_07292003.pdf\n\n120025004_final_order_07292003_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120025004/120025004_final_order_07292003_text.pdf\n\n120025004_final_order_07292003_text.pdf\n\nU S Oepor Iinsnt\noi Tiansponnson\nnssoaren and\ngpoeW tottiamn ~\nAttinntslnNIon\nRQO SRVenlh Sl 5 W\nWRERPISEO D C 20SSO\n~\nJUL 29 2003\nMr Andrew K Turner\nVice President\nMobil Pipe Linc Company\nPost Office Box 2220\nHouston, Texas 77252-2220\nRE CPF No 1-2002-5004\nDear Mr Turner,\n~\nEnclosed is thc Fmal Order issued by thc Associate Admnustrator for Pipehne Safety in the\nabove-referenced case It makes a findmg of violanon and assesses a civil penalty of $25, 000 The\npenalty payment terms are set forth m the Final Order. Ths enforcement action closes automatically\nupon payment Your receipt of the Fmal Order constitutes service of that document under 49 C F R\n$1905\nSmcerely,\nGwendolyn M. Hill\nPipchnc Comphance Registry\nOffice of Pipchne Safety\nFnL loDLiic\nLERIII II I) MAIL - REIURA RPCEIP1 RI IVI'PA'PPD\n\n\n\nDEPARTMENT OF TRANSPORTATION\n~\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nln thc Matter of\nMobil Pipe Line Company,\nRespondent.\n)\n) CPF No 1-2002-5004\n~\nOn July 26, 2001, a representative of the Office of Ptpclme Safety (OPS) conducted an mvestigation\nof the January 24, 2001 acmdent mvolvmg Respondent's pipehnc m Lancaster, Pennsylvania As\na result of the investigation, the Director, Eastern Region, OPS, issued to ExxonMobil Pipehne\nCompany by lcttcr dated July 2, 2002, a Notice of Probablc Vtolauon and Proposed Civil Penalty\n(Notice) In accordance with 49 C F R I] 190. 207, the Nohce proposed findtng that ExxonMobil\nPipehne Company had violated 49 C F R tt 195 402 snd proposed assessmg a civil penalty of\n$25, 000 for thc alleged violation\nMobil Pipe Line Company responded to the Notice by letter dated August 12, 2002 (Response) In\nits letter, Mobil Pipe Lmc Company acknowledged recmpt of the Notice and stated, 'The Lancaster\nJunction Station is owned and operated by [Mobil Pipe Lme Company] [ExxonMobil Pipeline\nCompany] provides services lo [Mobd Pipe Lme Company] at the Lancaster Junction Station Afier\ncarefully rcvicwing the probable violations contained m thc Notice, we take no exception As a\nfollow-up to the incident, we have implemented retraining and counsehng to ensure adherence to\n[ExxonMobil Pipchnc Company's \"Job SafetyAnalyscs\"] and work permitproccdures [Mobil Pipe\nLme Company] will pay the penalty by wire transfer\nMobil Pipe Lme Company has therefore tdennficd itself as the true Respondent in ttus case\nRespondent did not request a hearing, consequently Respondent waived its nght to one\nIn its Response, Respondent did not contest the alleged violation m the Notice Accordingly I find\nthat Respondent violated the followmg section of 49 C. F R Part 195, as more fully descnbcd m the\nNotice\n\n\n\n49C F R $195402\n(a) — faihng to follow, for its Lancaster Junction facthty, its manual of written procedures\nfor conducting normal operauons and miuntenancc activiues and handhng abnormal\noperations and emergencies, before performing its hydrotcst operation on July 24,\n2001 such as securing work permits, completing a Job safety analysis or notifying\nRespondent's Operations Control Center because the work could impact surveillance\nor control of the pipehne facihties, and\n(c)- fat lmg to mclude, m its manual, procedures for operatmg, mamtammg, and rcpainng\nthe pi pehne system in accordance with each of the requircmcnts of Subparts F and H\nof Part 195\nThis ftndmg of violation will be considered a pnor offense m any subsequent enforcement action\ntaken against Respondent\nUnder 49 U S C $60122, Respondent is subJect to a civil penalty not to exceed $100, 000 per\nviolation for each day of the violation up to a maximum of $1, 000, 000 for any related scncs of\nviolations\n49 U S C $60122 and 49 C F R Ii190 225 require that, in dcterminmg the amount of the civil\npenalty, I consider the following criteria nature, circumstances, and gravity of the violauon, degree\nof Respondent's culpabihty, history of Respondent's pnor offenses, Respondent's abihty to pay the\npenalty, good fiuth by Respondent in attemptmg to acluevc comph ance, the effect on Respondent's\nabihty to continue m business, and such other matters as Justice may require\nThe Notice proposed a civil penalty of $25, 000 for the violation Accordmg to the Accident Rcport\nRespondent filed on August 28, 2001, ExxonMobtl Pipchne Company employees performed a\nhydrostatic test on Respondent's 2 5 mile 4\" spur lmc running mto the Lancaster terminal on\nJuly 24, 2001 The spur hnc had been decommissioned and was isolated from the main hnc at the\nJunction to Lancaster Termmal the day before Unleaded gasolme was present in the mam hne, but\nwas not flowing lt was under approximately 600 pounds of pressure A bhnd flange was placed\non the 4\" check valve in preparation for brtntpng the spur hne back into service Upon completion\nof the hydrostatic test, a contractor's employee began looserung every other bolt from the bhnd\nflange on the 4\" check valve Afler the second bolt was loosened on the flange, a small amount of\nproduct began to leak from the flange The matnhne, on wluch the 4\" check valve was attached, was\nstill under pressure and the valves on both sides of the tee were open When the contractor's\nemployee learned that the lme was still pressured, hc re-tightened one of the bolts on the flange A\nfcw moments later the flange gasket failed Unleaded gasolme and its vapors were released from\nthe flange and were iyutcd by the rumung diesel engme of a parked vehicle Approximately 702\nbarrels were released, most of which were consumed by fire\n\n\n\nRespondent's mvestigation of the accident rcvealcd that the ExxonMobii Pipehne Company pro) ect\nleader did not perform lob safety analyses or detiuled work procedures nor sought work permits\nbefore conductmg the hydrotest The mvcstigation also revealed that the premature loosemng of\nbolts to \"save time\" was a direct cause of thc acmdent Respondent did not ensure that the\nExxonMobi1 Pipebne Company employees providing services to Respondent followed Respondent's\nmanual of written procedures for conductmg normal operations and mamtenance acuvities and\nhandhng abnormal operations and emergenmes This is somewhat surprising considcnng the fact\nthat Respondent uses ExxonMobil Pipelme Company's \"Safety Manual \" The release date of the\nmanual was March 2001\nRespondent's manual is detailed and specific regardinglob safety analyses and work permits The\noblecuve of the &ob safety analysis is \"[t]o prevent acadcnts by identifying existing and potential\nhazards and takmg actions to ehmmate them or significantly reduce them to an acceptable level\nbefore a )ob bctpns \" The work permit \"ensures safe work practices are followed and pmvides\ndocumentauon for work associated with Special Operahons, Hot Work, Confined Space, and Control\nof Hazardous Energy\" Hydrotestmg is cited as an example of \"Special Operations\" Respondent\nis fortunate that the accident did noi have more serious consequcnccs Had Respondent ensured that\nits manual was followed, thc acmdent could have bccn avoided\nRespondent has not shown any circumstance that would )ustify reducing the civil penalty\nAccordingly, havmg reviewed the reord and considered the assessment cntena, 1 assess respondent\na civd penalty of $25, 000 A detemunation has bccn made that Respondent has the abihty to pay\nthis penalty without adversely affecting its abihty to contmuc m business\nPaymcn( of thc civil penalty must be made wttlun 20 days of service Federal regulations (49 C F R\n8921(b)(3)) require this payment be made by wire transfer, through the Federal Reserve\nCommunicauons system (Fedwire), to the account of the U S Treasury Detailed instructions are\ncontamed m the enclosure Questions concernmg wire transfers should be directed to Financial\nOperations Division (AMZ-120), Federal Aviation Admiiustration, Mike Monroney Aeronautical\nCenter, P 0 Box 25082, Oklahoma City, OK 73125, (405) 954-4719\nFailure to pay the 525, 000 civil penalty will result m accrual of mterest a the current annual rate m\naccordance with 31 U S C ii 3717, 31 C F R ti 901 9 snd 49 C F R (i 89 23 Pursuant to those same\nauthonues, a late penalty charge of six percent (6'lo) per annum will be charged if payment is noi\nmade within 110 days of service Furthermore, failure to pay the civil penalty may result m referral\nof the matter to the Attorney General for appropnate action m a United States Distnct Court\nUnder 49 C F R (i 190 215, Respondent has a right to peution for reconsideration of this Fmal\nOrder However, if the civil penalty is paid, thc case closes autoinatically and Respondent waives\nthe nght to petition for reconsideration The fihng of thc petition automatically stays the payment\n\n\n\n4I\nof sny civil penalty assessed The pehtion must be received withm 20 days of Respondent's receipt i\nol' this Fmal Order and must contain a bnef statement of the issue(s) The terms and conditions of\nthis Fmal Order are effective on recept.\nJUL 29 2003\nDate Issued\nStscey Gerard\nW Associate Adnumstrator\nfor Pipehne Safety","truncated":false,"body_characters":9785}