{"operation":"document","citation":"CPF 220095002W","title":"DENBURY ONSHORE, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-05-27","effective_on":null,"summary":"CLOSED warning letter citing 195.403(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220095002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220095002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220095002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220095002W","body":"Warning Letter involving DENBURY ONSHORE, LLC. PHMSA's enforcement data identifies the cited regulation as 195.403(b)(1). The case was opened on 2009-05-27 and is reported as closed as of 2009-05-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220095002W_warning letter_05272009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220095002W/220095002W_warning%20letter_05272009.pdf\n\n220095002W_warning letter_05272009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220095002W/220095002W_warning%20letter_05272009_text.pdf\n\n220095002W_warning letter_05272009_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED\nMay 27, 2009\nMr. Robert Corneliuis\nChief Executive Officer\nDenbury Onshore, LLC\n5100 Tennyson Parkway\nSuite 1200\nPlano, TX 75024\nCPF 2-2009- 5002W\nDear Mr. Corneliuis:\nOn April 27 through May 1, 2009, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code, conducted\nan onsite pipeline safety inspection of your Denbury Onshore pipeline facilities and records in\nMississippi.\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, Part 195. The items\ninspected and the probable violations are:\n§195.403 Emergency response training.\n(a) Each operator shall establish and conduct a continuing training program\nto instruct emergency response personnel to:\n(1) Carry out the emergency procedures established under § 195.402 that\nrelate to their assignments:\n(2) Know the characteristics and hazards of the hazardous liquids or carbon\ndioxide transported, including, in case of flammable HVL, flammability\nof mixtures with air, odorless vapors, and water reactions;\n(3) Recognize conditions that are likely to cause emergencies, predict the\nconsequences of facility malfunctions or failures and hazardous liquids\nor carbon dioxide spills, and take appropriate corrective actions.\n\n\n\n(4) Take steps necessary to control any accidental release of hazardous\nliquid or carbon dioxide and to minimize the potential for fire,\nexplosion, toxicity, or environmental damage, and …\n(b) At intervals not exceeding 15 months, but at least once each calendar\nYear, each operator shall:\n(1) Review with personnel their performance in meeting the objectives of\nthe emergency response training program set forth in paragraph (a) of\nthis section …\n(c) Each operator shall require and verify that its supervisors maintain a\nthorough knowledge of that portion of the emergency response procedures\nestablished under §195.402 for which they are responsible to ensure\ncompliance.\nDenbury Onshore did not review the emergency response program with Denbury personnel\nduring the 2008 calendar year as per the annual requirements of section 403 (b) (1). The last\nreview was performed in February 2009 and the previous review was performed in December\n2007. Denbury Onshore, also failed to require and verify that its supervisor maintain a through\nknowledge of emergency response procedures as per section 403 (c) in the calendar year of\n2008. The last documentation for supervisory training was dated February 2009 and December\n2007.\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 violations 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 items identified in this letter.\nFailure to do so will result in Denbury Onshore, LLC being subject to additional enforcement\naction.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 2-2009-5002W. 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,\nLinda Daugherty\nDirector, Southern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":4631}