{"operation":"document","citation":"CPF 120136002W","title":"HESS CORPORATION — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-07-18","effective_on":null,"summary":"CLOSED warning letter citing 195.440(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120136002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120136002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120136002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120136002W","body":"Warning Letter involving HESS CORPORATION. PHMSA's enforcement data identifies the cited regulation as 195.440(a). The case was opened on 2013-07-18 and is reported as closed as of 2013-07-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120136002W_Operator Response_07252013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120136002W/120136002W_Operator%20Response_07252013.pdf\n\n120136002W_Warning Letter_07182013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120136002W/120136002W_Warning%20Letter_07182013.pdf\n\n120136002W_Warning Letter_07182013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120136002W/120136002W_Warning%20Letter_07182013_text.pdf\n\n120136002W_Warning Letter_07182013_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nWARNING LETTER\nEXPRESS OVERNIGHT MAIL\nJuly 18, 2013\nMichael Boczon, VP Terminal Operations\nHess Corporation\nOne Hess Plaza\nWoodbridge, NJ 07095\nCPF 1-2013-6002W\nDear Mr. Boczon:\nOn November 20, 2012, representatives of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States Code met with\nHess Corporation (Hess) representatives and inspected the Hess Public Awareness Program in the\nPHMSA Eastern Region Office in West Trenton, New Jersey.\nAs a result of the inspection, it appears that you have committed probable violations of the Pipeline Safety\nRegulations, Title 49, Code of Federal Regulations. The items inspected and the probable violation is:\n1. §195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see § 195.3).\nFrom June 2006 through December 2012, Hess failed to develop and implement a written continuing\npublic education program that followed the guidance provided in API RP 1162 as required by\n§195.440(a).\nOn May 19, 2005, a final rule was published in the Federal Register requiring operators to develop public\nawareness programs no later than June 20, 2006.1\nHess communicated with the PHMSA inspector about the current status of its North Jersey pipeline. Hess\nstated in an email that its pipeline was removed of hazardous liquid and purged with nitrogen since\nAugust 2005. Hess further stated that its pipeline was disconnected from all active pipelines and\nfacilities. During conversations, Hess indicated that it did not abandon its pipeline and that it considered\nits pipeline as “inactive” or “idle”.\n1 70 FR 28833-28843 May 19, 2005.\n\n\n\n1-2013-6002W\nFollowing the November 20, 2012 meeting, Hess submitted a plan titled Amerada Hess Corporation\nNorth Jersey/Public Service Pipeline Public Awareness Plan that was dated December 15, 2004, to the\nPHMSA inspector via email. In this email, Hess stated that this plan was not fully implemented since\nthere was no residual material in the line. According to Hess, this plan was established in preparation of\nthe amended public awareness regulation.\nThe PHMSA inspector reviewed the aforementioned plan and noted that the plan refers to a pipeline that\nis connected to facilities and transports hazardous liquid. In addition, this plan was established for\nAmerada Hess Corporation, which was later changed to Hess Corporation sometime in 2006.\nThere was no updated, official plan that reflects the current status of Hess’s pipeline from June 2006 to\nDecember 2012. Furthermore, Hess had no records or documentation to show that its public awareness\nplan had been implemented from June 2006 to December 2012.\nSubsequently, Hess submitted a plan titled Hess Corporation North Jersey Pipeline Public Awareness\nPlan that was dated December 20, 2012, to the PHMSA inspector via email. This plan reflects the current\nstatus of the pipeline but still lacks certain requirements specified in API RP 1162.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.\nFor violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per\nviolation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations.\nWe have reviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time. We advise\nyou to correct the item(s) identified in this letter. Failure to do so will result in Hess being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 1-\n2013-6002W. Be advised that all material you submit in response to this enforcement action is subject to\nbeing made publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second 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).\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120136002W_WL_07182013 Page 2 of 2","truncated":false,"body_characters":5662}