# CCPS TRANSPORTATION, LLC — Notice of Probable Violation

- **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:** Not available
- **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
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- **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.

Official case documents:

320045014_Final Order_01032006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320045014/320045014_Final%20Order_01032006.pdf

320045014_final order_01032006_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320045014/320045014_final%20order_01032006_text.pdf

CPF 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

320045014_final order_01032006_text.pdf

U S Depanment
of Transportation
Pipeline and
Hazardous Materials Safety
Administration
g„yrrt00 Seventh Street, S W
Washington D C 20590
JAN -3 2005
Mr Jim Lamanna
President
BP Pipelines (North America) Inc
28100 Torch Parkway
Warrenvtlle, IL 60555
Re CPF No 3-2004-5014
Dear Mr Lamanna
Enclosed is the Fmal Order issued by the Associate Administrator for Pipeline Safety in
the above-referenced case It makes finding of violation and assesses a civil penalty of
$5, 500 The penalty payment terms are set forth in the Final Order This enforcement action
closes automatically upon payment Your receipt of the Final Order constitutes service of that
document under 49 C F R 5 190 5
Sincerelv
James Reynolds
Pipeline Compliance Registry
Office of Pipeline Safety
Enclosure
cc Mr Ivan Huntoon
Director, Central Region, OPS
CERTIFIED MAIL - RETURN RECEIPT RE UESTED



DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D. C. 20590
In the Matter of )
BP Pipehnes (North America) Inc, )
)
)
Respondent )
FINAL ORDER
On August 25-29, 2003, pursuant to 49 U S C 5 60117, a representauve of the Pipehne and
Hazardous Materials Safety Administration (PHMSA) conducted an on-site pipehne safety
inspection of Respondent's Cushing to Clucago (CCPS) pipehne facihties and records As a
result of the inspection, the Director, Central Region PHMSA, issued to Respondent, by letter
dated May 5, 2004, a Notice of Probable Violation and Proposed Civil Penalty (Notice) In
accordance with 49 C F R 5 190 207 the Notice proposed finding that Respondent had
committed violations of 49 C F R Part 195 and proposed assessing a civil penalty of $5, 500 for
the alleged violations
Respondent responded to the Notice by letter dated June 17 2004 (Response) Respondent did
not contest the allegations of violation, but it provided information concerning the corrective
actions it has taken and requested that the proposed civil penalty be reduced Respondent did not
request a hearing, and therefore has waived its nght to one
FINDINGS OF VIOLATION
In its Response, Respondent did not contest the alleged violations in the Notice Accordingly, I
find that Respondent violated the follovving sections of 49 C F R Part 195, as more fully
described in the Notice
49 C F R si 195 410(c) (Notice Item I) — faihng to provide hne marking at the six specified
locations where the line is above ground in areas that are accessible to the public, and
49 C F R 5 195 428 — (Notice Item 3) failing to inspect and test the incoming pressure iehef
valve at the Flanagan Station in 2002
These findings of violation vill be considered pnor offenses in an& subsequent enforcement
acnon taken against Respondent



ASSESSYIENT OF PENALTY
Under 49 U S C g 60122, Respondent is sublect to a civil penalty not to exceed $100, 000 per
violation for each day of the violation up to a maximum of $1 000 000 for any related series of
violations
49 U S C 5 60122 and 49 C F R 5 190 225 require that in determining the amount of the civil
penalty, I consider the following cntena nature, circumstances, and gravity of the violation,
degree of Respondent's culpability, history of Respondent's pnor offenses, Respondent's abihty to
pay the penalty, good faith by Respondent in attempting to achieve compliance the effect on
Respondent's abihty to continue in business, and such other matters as )ustice may require
W'rth respect to Item I, the Notice proposed a civil penalty of $4, 500 for Respondent's failure to
provide line marking at tne six specrfrert locations where the hne is above ground in areas that are
accessible to the pubhc Ensuring that hnes are properly marked is an important part of pipehne
safety and damage prevention Fatling to place line markers at above-ground spans can impede
the public's ability to inform the operator of any pipeline problem that may arise and hamper
incident response Respondent has presented no mformation that would warrant a reduction in
the civil penalty amount proposed in the Notice for this violation Accordingly, I assess
Respondent a civil penalty of $4 500 for violating 49 C F R $ 195 410(c)
Viiith respect to Item 3, the Notice proposed a civil penalty of $1, 000 for Respondent's failure to
inspect and test the incoming relief valve at the Flanagan Station in 2002 Pipehne operators are
required to inspect and test each pressure relief valve at least once each calendar year at an
interval not to exceed 15 months Timely inspectior. and testing of overpressure devices is an
important part of pipeline safety because these devices protect the pipeline from surges and
overpressure condinons that could cause a failure incident and threaten the public, property or
the environment Respondent has presented no informanon that would warrant a reduction in the
cn il penalty amount proposed m the Nonce for this violation Accordingly I assess Respondent
a civil penalty of $1, 000 for violating 49 C F R ( 195 428
Accordingly, having rev iev, ed the record and considered the assessment critena, I assess
Respondent a total civil penalty of $5 500
Payment of the civil penalty must be made within 20 days of service Payment may be made bI
sending a certified check or money order (containing the CPF Number for this case) payable to
"U S Department of Transportation" to the Federal Aviation Adnunistration, Mike Monroney
Aeronautical Center, Financial Operations Division (AMZ-120), P 0 Box 25082 Oklahoma
Citv OK 73125
Federal regulations (49 C F R 5 89 21(b)(3)) also permit this payment to be made by wire
transfer tluough the Federal Reserve Communications System (Fedwire)„ to the account of the
U S Treasury Detailed instructions are contained in the enclosuie Questions concerning wire
transfers should be directed to Financial Operauons Dii ision (AMZ-120) Federal Ai iation



Administration, Mike Monroney Aeronautical Center, P 0 Box 25082, Oklahoma City OK
73125, (405) 954-4719
Failure to pay the $5, 500 civil penalty will result m accrual of interest at the current annual rate
inaccordance with 31 US C 53717 31 C FR 5901 9 and 49 CF R g 89 23 Pursuant to
those same authorities, a late penalty charge of six percent (6%) per annum v ill be charged if
payment is not made vnthin 110 days of service Furthermore, failure to pay the civil penalty
ma) result in referral of the matter to the Attorney General for appropriate action in a United
States District Court
WARNING ITEMS
The Notice did not propose a civil penalty or compliance order for items 2 and 4 in the Notice
Therefore, these are considered warning items The warnings were for Respondent*s failure to
adequately inspect surface conditions along the pipehne right-of-way in accordance with (
195 412, and failure to address atmospheric corrosion at two locations in accordance with (
195 583 Respondent presented information its response showing that it has initiated actions to
address these items Respondent is warned that if these items are not fully addressed,
enforcement action will be taken if a subsequent inspection reveals a violation
Under 49 C F R 5 190 215, Respondent has a right to submit a petition for reconsideration of
this Final Order Should Respondent elect to do so, the petition must be received within 20 days
of Respondent's receipt of this Final Order and must contain a brief statement of the issue(s)
The fihng of a petition automatically stays the payment of any civil penalty assessed However if
Respondent submits payment for the civil penalty, the Final Order becomes the final
administrative decision and the right to petition for reconsideration is waived
The terms and conditions of this Final Order are effective on receipt
(7
Stye y G rard
Asso iate Administrator
for ipehne Safety
Date Issued
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