{"operation":"document","citation":"CPF 320045014","title":"CCPS TRANSPORTATION, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-05-05","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.410(c), 195.412, 195.428, 195.583(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320045014.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320045014.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320045014","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320045014","body":"Notice of Probable Violation involving CCPS TRANSPORTATION, LLC. PHMSA's enforcement data identifies the cited regulations as 195.410(c),  195.412,  195.428,  195.583(c). The case was opened on 2004-05-05 and is reported as closed as of 2006-01-19. Proposed civil penalty: $5,500. Assessed civil penalty: $5,500. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320045014_Final Order_01032006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320045014/320045014_Final%20Order_01032006.pdf\n\n320045014_final order_01032006_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320045014/320045014_final%20order_01032006_text.pdf\n\nCPF No 3-2004-5014 BP Pipelines (North America) Inc.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320045014/CPF%20No%203-2004-5014%20BP%20Pipelines%20(North%20America)%20Inc.pdf\n\n320045014_final order_01032006_text.pdf\n\nU S Depanment\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\ng„yrrt00 Seventh Street, S W\nWashington D C 20590\nJAN -3 2005\nMr Jim Lamanna\nPresident\nBP Pipelines (North America) Inc\n28100 Torch Parkway\nWarrenvtlle, IL 60555\nRe CPF No 3-2004-5014\nDear Mr Lamanna\nEnclosed is the Fmal Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case It makes finding of violation and assesses a civil penalty of\n$5, 500 The penalty payment terms are set forth in the Final Order This enforcement action\ncloses automatically upon payment Your receipt of the Final Order constitutes service of that\ndocument under 49 C F R 5 190 5\nSincerelv\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc Mr Ivan Huntoon\nDirector, Central Region, OPS\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D. C. 20590\nIn the Matter of )\nBP Pipehnes (North America) Inc, )\n)\n)\nRespondent )\nFINAL ORDER\nOn August 25-29, 2003, pursuant to 49 U S C 5 60117, a representauve of the Pipehne and\nHazardous Materials Safety Administration (PHMSA) conducted an on-site pipehne safety\ninspection of Respondent's Cushing to Clucago (CCPS) pipehne facihties and records As a\nresult of the inspection, the Director, Central Region PHMSA, issued to Respondent, by letter\ndated May 5, 2004, a Notice of Probable Violation and Proposed Civil Penalty (Notice) In\naccordance with 49 C F R 5 190 207 the Notice proposed finding that Respondent had\ncommitted violations of 49 C F R Part 195 and proposed assessing a civil penalty of $5, 500 for\nthe alleged violations\nRespondent responded to the Notice by letter dated June 17 2004 (Response) Respondent did\nnot contest the allegations of violation, but it provided information concerning the corrective\nactions it has taken and requested that the proposed civil penalty be reduced Respondent did not\nrequest a hearing, and therefore has waived its nght to one\nFINDINGS OF VIOLATION\nIn its Response, Respondent did not contest the alleged violations in the Notice Accordingly, I\nfind that Respondent violated the follovving sections of 49 C F R Part 195, as more fully\ndescribed in the Notice\n49 C F R si 195 410(c) (Notice Item I) — faihng to provide hne marking at the six specified\nlocations where the line is above ground in areas that are accessible to the public, and\n49 C F R 5 195 428 — (Notice Item 3) failing to inspect and test the incoming pressure iehef\nvalve at the Flanagan Station in 2002\nThese findings of violation vill be considered pnor offenses in an& subsequent enforcement\nacnon taken against Respondent\n\n\n\nASSESSYIENT OF PENALTY\nUnder 49 U S C g 60122, Respondent is sublect 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 series of\nviolations\n49 U S C 5 60122 and 49 C F R 5 190 225 require that in determining the amount of the civil\npenalty, I consider the following cntena nature, circumstances, and gravity of the violation,\ndegree of Respondent's culpability, history of Respondent's pnor offenses, Respondent's abihty to\npay the penalty, good faith by Respondent in attempting to achieve compliance the effect on\nRespondent's abihty to continue in business, and such other matters as )ustice may require\nW'rth respect to Item I, the Notice proposed a civil penalty of $4, 500 for Respondent's failure to\nprovide line marking at tne six specrfrert locations where the hne is above ground in areas that are\naccessible to the pubhc Ensuring that hnes are properly marked is an important part of pipehne\nsafety and damage prevention Fatling to place line markers at above-ground spans can impede\nthe public's ability to inform the operator of any pipeline problem that may arise and hamper\nincident response Respondent has presented no mformation that would warrant a reduction in\nthe civil penalty amount proposed in the Notice for this violation Accordingly, I assess\nRespondent a civil penalty of $4 500 for violating 49 C F R $ 195 410(c)\nViiith respect to Item 3, the Notice proposed a civil penalty of $1, 000 for Respondent's failure to\ninspect and test the incoming relief valve at the Flanagan Station in 2002 Pipehne operators are\nrequired to inspect and test each pressure relief valve at least once each calendar year at an\ninterval not to exceed 15 months Timely inspectior. and testing of overpressure devices is an\nimportant part of pipeline safety because these devices protect the pipeline from surges and\noverpressure condinons that could cause a failure incident and threaten the public, property or\nthe environment Respondent has presented no informanon that would warrant a reduction in the\ncn il penalty amount proposed m the Nonce for this violation Accordingly I assess Respondent\na civil penalty of $1, 000 for violating 49 C F R ( 195 428\nAccordingly, having rev iev, ed the record and considered the assessment critena, I assess\nRespondent a total civil penalty of $5 500\nPayment of the civil penalty must be made within 20 days of service Payment may be made bI\nsending a certified check or money order (containing the CPF Number for this case) payable to\n\"U S Department of Transportation\" to the Federal Aviation Adnunistration, Mike Monroney\nAeronautical Center, Financial Operations Division (AMZ-120), P 0 Box 25082 Oklahoma\nCitv OK 73125\nFederal regulations (49 C F R 5 89 21(b)(3)) also permit this payment to be made by wire\ntransfer tluough the Federal Reserve Communications System (Fedwire)„ to the account of the\nU S Treasury Detailed instructions are contained in the enclosuie Questions concerning wire\ntransfers should be directed to Financial Operauons Dii ision (AMZ-120) Federal Ai iation\n\n\n\nAdministration, Mike Monroney Aeronautical Center, P 0 Box 25082, Oklahoma City OK\n73125, (405) 954-4719\nFailure to pay the $5, 500 civil penalty will result m accrual of interest at the current annual rate\ninaccordance with 31 US C 53717 31 C FR 5901 9 and 49 CF R g 89 23 Pursuant to\nthose same authorities, a late penalty charge of six percent (6%) per annum v ill be charged if\npayment is not made vnthin 110 days of service Furthermore, failure to pay the civil penalty\nma) result in referral of the matter to the Attorney General for appropriate action in a United\nStates District Court\nWARNING ITEMS\nThe Notice did not propose a civil penalty or compliance order for items 2 and 4 in the Notice\nTherefore, these are considered warning items The warnings were for Respondent*s failure to\nadequately inspect surface conditions along the pipehne right-of-way in accordance with (\n195 412, and failure to address atmospheric corrosion at two locations in accordance with (\n195 583 Respondent presented information its response showing that it has initiated actions to\naddress these items Respondent is warned that if these items are not fully addressed,\nenforcement action will be taken if a subsequent inspection reveals a violation\nUnder 49 C F R 5 190 215, Respondent has a right to submit a petition for reconsideration of\nthis Final Order Should Respondent elect to do so, the petition must be received within 20 days\nof Respondent's receipt of this Final Order and must contain a brief statement of the issue(s)\nThe fihng of a petition automatically stays the payment of any civil penalty assessed However if\nRespondent submits payment for the civil penalty, the Final Order becomes the final\nadministrative decision and the right to petition for reconsideration is waived\nThe terms and conditions of this Final Order are effective on receipt\n(7\nStye y G rard\nAsso iate Administrator\nfor ipehne Safety\nDate Issued","truncated":false,"body_characters":8717}