{"operation":"document","citation":"CPF 220122002M","title":"EXXONMOBIL PRODUCTION COMPANY, A DIVISION OF EXXON MOBIL CORPORATION — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-02-09","effective_on":null,"summary":"CLOSED notice of amendment citing 191.22(c), 191.3, 192.706.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220122002m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220122002m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220122002m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220122002M","body":"Notice of Amendment involving EXXONMOBIL PRODUCTION COMPANY, A DIVISION OF EXXON MOBIL CORPORATION. PHMSA's enforcement data identifies the cited regulations as 191.22(c),  191.3,  192.706. The case was opened on 2012-02-09 and is reported as closed as of 2012-04-03. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220122002M_Closure Letter_04032012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220122002M/220122002M_Closure%20Letter_04032012.pdf\n\n220122002M_Closure Letter_04032012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220122002M/220122002M_Closure%20Letter_04032012_text.pdf\n\n220122002M_notice of amendment_02092012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220122002M/220122002M_notice%20of%20amendment_02092012.pdf\n\n220122002M_notice of amendment_02092012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220122002M/220122002M_notice%20of%20amendment_02092012_text.pdf\n\n220122002M_Operator response_03132012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220122002M/220122002M_Operator%20response_03132012.pdf\n\n220122002M_Closure Letter_04032012_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 3, 2012\nMr. Kok-Yew See\nU.S. Production Manager\nExxonMobil U.S. Production, a Division of ExxonMobil Corporation\nP.O. Box 4358\nHouston, Texas 77210-4358\nCPF 2-2012-2002M\nDear Mr. See:\nOn November 7-10, 2011, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) inspected the ExxonMobil US Production (XOM) Operations,\nMaintenance and Emergency Manual for Natural Gas Pipelines (OMER) written procedures\nin Theodore, Alabama, pursuant to Chapter 601 of 49 United States Code. As a result of the\ninspection, PHMSA issued a Notice of Amendment (NOA) on February 9, 2012.\nThe PHMSA Southern Region received your response to the NOA on March 14, 2012. We\nhave reviewed your response, and find XOM’s response adequate. This letter is to inform you\nthat XOM has complied with the terms of the NOA and that no further action is necessary\nwith regards to the NOA. This case is now closed.\nPlease be advised that this letter refers only to the NOA (CPF 2-2012-2002M) and not to any\nother PHMSA pending cases. Also be advised that nothing herein states or implies that the\nabove described OMER meets the requirements of the federal pipeline safety regulations or\nthat the OMER is approved. The pipeline system and OMER remain subject to inspection by\nPHMSA.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n\n220122002M_notice of amendment_02092012_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 9, 2012\nMr. Kok-Yew See\nU.S. Production Manager\nExxonMobil U.S. Production, a Division of ExxonMobil Corporation\nP.O. Box 4358\nHouston, Texas 77210-4358\nCPF 2-2012-2002M\nDear Mr. See:\nFrom November 7 to 10, 2011, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) inspected the ExxonMobil US Production (XOM)\nOperations, Maintenance and Emergency Manual for Natural Gas Pipelines (OMER) written\nprocedures in Theodore, Alabama, pursuant to Chapter 601 of 49 United States Code.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nXOM-USP’s plans or procedures, as described below:\n1. § 191.3 Definitions.\nAs used in this part and the PHMSA Forms referenced in this part—\n... Incident means any of the following events:\n(1) An event that involves a release of gas from a pipeline, or of liquefied natural\ngas, liquefied petroleum gas, refrigerant gas, or gas from an LNG facility, and\nthat results in one or more of the following consequences:\n(i) A death, or personal injury necessitating in-patient hospitalization;\n(ii) Estimated property damage of $50,000 or more, including loss to the operator\nand others, or both, but excluding cost of gas lost;\n(iii) Unintentional estimated gas loss of three million cubic feet or more;\n(2) An event that results in an emergency shutdown of an LNG facility.\nActivation of an emergency shutdown system for reasons other than an actual\nemergency does not constitute an incident.\n(3) An event that is significant in the judgment of the operator, even though it did\nnot meet the criteria of paragraphs (1) or (2) of this definition.\n\n\n\nXOM’s definition of an incident was not consistent with the regulatory definition\nfound in §191.3. In section 2.3.6.2 of the OMER, XOM included the cost of lost gas\nin property damage while the regulation excludes the cost of lost gas. Additionally,\nXOM did not include the “Unintentional estimated gas loss of three million cubic feet\nor more,\n” in its definition of an incident.\n2. §191.22 National Registry of Pipeline and LNG Operators.\n... (c) Changes. Each operator of a gas pipeline, gas pipeline facility, LNG plant\nor LNG facility must notify PHMSA electronically through the National Registry\nof Pipeline and LNG Operators at http:// opsweb.phmsa.dot.gov of certain\nevents.\n(1) An operator must notify PHMSA of any of the following events not later than\n60 days before the event occurs:\n(i) Construction or any planned rehabilitation, replacement, modification,\nupgrade, uprate, or update of a facility, other than a section of line pipe, that\ncosts $10 million or more. If 60 day notice is not feasible because of an\nemergency, an operator must notify PHMSA as soon as practicable;\n(ii) Construction of 10 or more miles of a new pipeline; or\n(iii) Construction of a new LNG plant or LNG facility.\n(2) An operator must notify PHMSA of any of the following events not later than\n60 days after the event occurs:\n(i) A change in the primary entity responsible (i.e., with an assigned OPID) for\nmanaging or administering a safety program required by this part covering\npipeline facilities operated under multiple OPIDs.\n(ii) A change in the name of the operator;\n(iii) A change in the entity (e.g., company, municipality) responsible for an\nexisting pipeline, pipeline segment, pipeline facility, or LNG facility;\n(iv) The acquisition or divestiture of 50 or more miles of a pipeline or pipeline\nsystem subject to Part 192 of this subchapter; or\n(v) The acquisition or divestiture of an existing LNG plant or LNG facility\nsubject to Part 193 of this subchapter.\nXOM did not have written procedures for notifying PHMSA electronically, at least 60\ndays before construction that costs $10 million or more or construction of 10 or more\nmiles of new pipeline. Moreover, XOM did not have written procedures for notifying\nPHMSA electronically, not later than 60 days after a change in name of the operator or\nentity responsible for an existing pipeline, or the acquisition or divestiture of 50 or\nmore miles of pipeline.\n3. §192.706 Transmission lines: Leakage surveys.\nLeakage surveys of a transmission line must be conducted at intervals not\nexceeding 15 months, but at least once each calendar year. However, in the case\nof a transmission line which transports gas in conformity with §192.625 without\nan odor or odorant, leakage surveys using leak detector equipment must be\nconducted-\n(a) In Class 3 locations, at intervals not exceeding 7 1/2 months, but at least twice\neach calendar year; and\n2\n\n\n\n(b) In Class 4 locations, at intervals not exceeding 4 1/2 months, but at least four\ntimes each calendar year.\nXOM’s procedures for leak survey, found in section 2.3.1 of the OMER, were\ninadequate because they did not provide enough detail on how XOM would leak\nsurvey its offshore pipelines. The procedures in section 2.3.1 provide extensive detail\nabout leak indications and survey methodologies as they applied to onshore pipelines\nwithout addressing considerations that are different for offshore pipelines.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. 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). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 45 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIt is requested (not mandated) that XOM maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Wayne T. Lemoi, Director, Office of Pipeline Safety,\nPHMSA Southern Region. In correspondence concerning this matter, please refer to\nCPF 2-2012-2002M and, for each document you submit, please provide a copy in electronic\nformat whenever possible.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3","truncated":false,"body_characters":10095}