# BP PIPELINE (NORTH AMERICA) INC. — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 320045015
- **title:** BP PIPELINE (NORTH AMERICA) INC. — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2004-05-06
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 195.402(c)(3), 195.404, 195.428(a).
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- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-320045015
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/320045015
**body:**

Notice of Probable Violation involving BP PIPELINE (NORTH AMERICA) INC.. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.404,  195.428(a). The case was opened on 2004-05-06 and is reported as closed as of 2007-04-16. Proposed civil penalty: $18,500. Assessed civil penalty: $18,500. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

320045015_Final Order_10142005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320045015/320045015_Final%20Order_10142005.pdf

320045015_Final Order_10142005.pdf

@
U.S. Deportrnent
of Tronsporlollon
Pipeline ond
Hozordous rnoferiols Sqfety
Administrqfion
400 Sevenlh Street, S.W.
Washington, D.C. 20590
OeT 1 4 n05
Mr. Jim Larctanna
President
BP Pipelines (North America) Inc.
28100 Torch Parkway
Warrenville, IL 60555
Re: CPF No. 3-2004-5015
Dear Mr. Lamanna:
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the
above-referenced case. It makes findings of violation and assesses a civil penalty of $18,500. The
Order also hnds that you have addressed the inadequacies in your procedures that were cited in the
Notice of Amendment. When the civil penalty is paid, this enforcement action will be closed. The
penalty payment terms are set forth in the Final Order. Your receipt of the Final Order constitutes
service of that document under 49 C.F.R. $ 190.5.
Sincerely,
{\ r,
-[-^.^ {L4---=
James Reynolds
Pipeline Compliance Registry
Office of Pipeline Safety
Enclosure
Ivan Huntoon
Director, Central Region, OPS



DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERI,ALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
In the Matter of
BP Pipelines (North America) Inc.,
Respondent.
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CPF No. 3-2004-5015
FINAL ORDER
During the weeks of Jrure 2,2003 and August 11,2003, pwsuant to 49 u.s.c. $ 60117, a
representafive ofthe Office ofPipeline Safety(OPS), conducted anon-sitepipeline safetyinspection
of Respondent's crude oil pipeline facilities and records in Manhattan, Illinois. As a result of the
inspection, the Director, Central Region, OPS, issued to Respondent, by letter dated,May 6,2004,
a Notice of Probable Violation, Proposed Civil Penalty, and Notice of Amendment (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 $ 18,500 for the alleged
violations. The Notice also proposed, in accordance with 49 C.F.R. $ 190.237, that Respondent
amend its procedures for operations, maintenance and emergencies.
Respondent responded to the Notice by letter dated Iune 77,2004 (Response). Respondent did not
contest the allegafions of violation but provided information conceming the corrective actions it has
taken. Respondent did not request ahearing, and therefore has waived its right to one.
FINDINGS OF VIOLATION
In its response, Respondent did not contest the alleged violations in the Notice. Accordingly, I find
that Respondent committed the following violations of 49 C.F.R. Part 195, as more fully described
in the Norice:
49 C.F.R. $ l95.a0a(c)(3) (Notice Item 2a) - failing to adequateiy document all required
monthly breakout ta.nk inspections at the Manhattan facility in the 2001-2003 period;
49 C.F.R. $ 195.a04(c)(3) (Notice Item 2c) - failing to adequatelydocument high-pressure
case sw-itcli ir-rspections fbr pumps 2-A and 2-B atthe Griffith-Lakehead station in 2001 and
2002.



2
49 C'F'R' I 195'428(a) (Irtrotice Item 3a) - failing to demonstrate that all required pressure
relief device inspections were conductei at the Manhattan facility in the 2001-2002 period.
These findings ofviolation will be considered prior offenses in any subsequent enforcement action
taken against Respondent.
Under 49 U.S.C. S 60122, Respondent is subject to a civil penalty not
'$t,OOd,OOO
to exceed $100,000 per
violation for each day of the violation up to a maximu.o of
for any related series of
violations.
49 U'S'C' fi 60122 atfi 49 C.F.R. $ 190.225 require that, in determining the amount of rJre civil
penalty, I consider the following criteria: nature, circumstances, and gravily of the violation, Aeg""
ofRespondent's culpability, history of Respondent's prior offenses, iespondent,s ability to pay the
penalty, good faith by Respondent in attempting to achieve compliancq the effect on n".p*a"rri;,
ability to continue in business, and such other matters as justice may require.
With respect toltemZa,the Noticeproposed that Respondentbe assessed a civil penalty of $15,000
for violating $ 1 95.a0a(c)(3) by failing to adequatelydocument all required monthly breakout tank
inspectionsattheManhattanfacilityinthe2ooi-zoo:period. Thepipeiinesafetyregulationsrequire
pipeline operators to maintain complete and accurate records of their facility inspections to ensurc
that all inspections are performed within the applicable time interval. The failure to maintain
complete and accurate records hinders the ability of OPS to determine whether an operator is
operating its pipeline safely, and may hinder an operator's ability to adequately assess the status of
its system and to promptly troubleshoot abnormal conditions.
In its response, Respondent indicated that it had reviewed its record keeping practices to ensure that
futuretankinspectionswouldbefullydocumented. Respondent,however,presentednoinformation
that would waffant a reduction in the penalty amount proposed. in the Notice for this item.
Accordingly, having reviewed the record and considered the assessment criteria, I assess Respondent
a civil penalty of $15,000 for this violation.
W-ith.respect to Item2c,JheNoticeBroposedJhatRespsndent$e e$s€ssed,aeivi+penaltyof $1,O00
for violating $ 195.a0a(c)(3) by failing to adequately document high-pressure case switch
inspections for pumps 2-A and2-B atthe Griffith-Lakehead station in 2001 and2002. The pipeline
safety regulations require pipeline operators to maintain complete and accurate record.s of their
facility inspections to ensure that all inspections are consistently performed within the applicable
interval. The failure to maintain complete and accurate records hinders the ability oi-Ops to
determine whether an oporator is operaling its pipeline sa,felrv, and ma.y hinde.r an operator,s ability
to adequately assess the status of its system and to promptly troubleshoot abnormal conditions. In
its response, Respondent indicated that it had reviewed its record keeping practices to ensure that
future inspections would be fully documented. Respondent, however, presented no information that



3
would warrant a reduction in the penalty amouat proposed in the Notice for this item. Accordingly,
having reviewed the record and considered the-assessment criteria, I assess Respondent a civil
penalty of $ 1,000 for this violation.
with respect to Item 3a' the Notice proposed that Respondent be assessed a civil penalty of g2,500
for violating s 195 a28(a) by failing to demonstrate that all required pressure relief device
inspections were conducted at the Manhattan facility in the 2001-2001 period. The pipeline safety
regulations require pipeline operators to inspect andtest each pressure relief device at intervals not
exceeding 15 months, but at least once each calendar year, and to maintain records of these
inspections' Pressure relief devices protect the pipelin" system-from surges of a magnitude that can
adversely affect the integrity of the pipeline. The failureio timely conduct and document pressure
relief valve inspections at a piperine facility can have safety-rel#d impacts.
In its response, Respondent indicated that it inspected and tested the specified pressure reliefvalves
in2003, and that it had reviewed its record keeping practices to ensuri that future valve inspections
would be fully documented. Respondent, however, presented no information that would wa.rrant a
reduction in the penalty amount proposed in the Notice for this item.
Accordingly, having reviewed the record and considered the assessment criteria, I assess Respondent
a civil penalty of$2,500 for this violation.
Accordingly, having reviewed the record and considered the assessment criteria, I assess Respondent
a total civil penalty of $ 1 8,500.
Pllment of the civil penalty must be made within 20 days of service. Federal regulations
(49 C'F'R' $ 89.21(bX3)) require this paymentbe made bywire transfer, through the Federal Reserve
Communications System (Fedwire), to the account of the U.S. Treasury. Detailed instructions are
contained in the enciosure' Questions conceming wire transfers shouid be directed to: Financial
operations Division (AMZ-120), Federal Aviation Administration, Mike Monroney Aero nautical
Center, P.O. Box 25082, Oklahoma City, OK 73125; (405) 954_4719.
Failure to pay the $ 18,500 civil penalty will result in accrual of interest at the current arurual rate in
accordancewith3lU.S.c.$3717,31c.F.R.$901.9and4gc.F.R.$g9.23. pursuanttorhosesame
au-tLolities-a-lat-e-p-e-4alty charge-ofsixpercent(6golperarurum rvill.be eharg€di+payment is not
made within I 10 days of service. Furthetmore, failure to pay the civil penalty *uy."rolt i1 referraL
of the matter to the Attomey General for appropriate action in a United States District Court.
AMENDMENT OF PROCEDURES
The Notice alleged inadeo,uaeies in Responde.nt's procedures for operations, maintenance and
emergencies and proposed to require amendment of Respondent's procedures to comply with the
requirements of 49 C.F.R. Part 195. Specifically, Item I in the Notice alleged that Respondent's
procedures for tank inspections were inadequate in that they did not provide clear direction that all



4
of the tanks that relieve.surgesin its pipeline system meet the definition of breakout tanks and musr
be inspected on a monthly basis in accordance with $ 1g5.432 and ApI standard 653.
-In its response, Respondent submitted copies ofits amendedprocedures, whichtheDirector, Central
Region, oPS reviewed. Based on the results of this review, I find that Respondent,s original
procedures as described in the Notice were inadequate to ensure safe operation ofiis pipehne sys"tfi,
but that Respondent has corrected the identified inadequacies. Accordingly, no need exists to issue
an order directing amendment.
WARNINGiTEMS
The Notice did not propose a civil penalty or corrective action for Item 2b in the Notice - failure to
documentaninspectionofMainLineValve L37?5,orrlem3b-failure toproperlyinspectceitain
valves at the Whiting terminal. Therefore, these are considered waming iterns. Respo"d; i;
warned that if it does not take appropriate action to correct these items, eniorcement action wilt bJ
taken if a subsequent inspection reveals a violation.
Undet 49 C'F'R. $ 790.215, 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 ouy. oi
Respondent's receipt of this Final order and must contain a brief statement ofthe issueGl. rrre n6.rg
of a petition automatically stays the payment of any civil penalty assessed. However ifR"spond#
submits pay'rnent 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 receiot.
Administrator
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