{"operation":"document","citation":"CPF 320075014M","title":"PHILLIPS 66 PIPELINE LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-03-16","effective_on":null,"summary":"CLOSED notice of amendment citing 195.406(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075014m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075014m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075014m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320075014M","body":"Notice of Amendment involving PHILLIPS 66 PIPELINE LLC. PHMSA's enforcement data identifies the cited regulation as 195.406(b). The case was opened on 2007-03-16 and is reported as closed as of 2010-11-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320075014M_Closure Letter_11182010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075014M/320075014M_Closure%20Letter_11182010.pdf\n\n320075014M_Closure Letter_11182010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075014M/320075014M_Closure%20Letter_11182010_text.pdf\n\n320075014M_Notice Of Amendment_03162007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075014M/320075014M_Notice%20Of%20Amendment_03162007.pdf\n\n320075014M_Operator_Response_to_Notice_04252007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075014M/320075014M_Operator_Response_to_Notice_04252007.pdf\n\n320075014M_Closure Letter_11182010_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 18, 2010\nMr. Todd L. Tullio\nManager, Regulatory Compliance\nConocoPhillips Pipe Line Company\n600 North Dairy Ashford Road, #TA2010\nHouston, Texas 77079\nCPF 3-2007-5014M\nDear Mr. Tullio:\nOn June 20-24, July 18-22, August 1-5, September 8-9, and October 20, 2005, a\nrepresentative from the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-site pipeline\nsafety inspection of ConocoPhillips Pipe Line Company (CPPL) procedures in Illinois,\nKansas, and Missouri. As a result of the inspection, CPPL was issued a Notice of\nAmendment on March 16, 2007, which proposed amendment of your procedures.\nCPPL submitted its amended procedures on November 19, 2009. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of\nAmendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed.\nThank you for your cooperation.\nSincerely,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n\n320075014M_Notice Of Amendment_03162007.pdf\n\nU.S. Depofiment\nof Trqnsoortolion\nPlpellne qnd\nHozordous trtoterlols sqtety\nAdminbtrolion\n901 Locust Street, Suite 462\nKansas Citv, MO 64106-2641\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REOUESTEI)\nMarch 16.2007\nMs. Margaret Yaege\nGeneral Manager of Pipelines and Terminals\nConocoPhillips Pipe Line Company\n600 N. Dairy Ashford\nHouston. TX 74079\ncPF 3-2007-5014M\nDear Ms. Yaege:\nOn June 20-24,Iuly 18-22, Alg l-5, Sept. 9-8, October 20,2005, a representative of the Pipeline\nand Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United\nStates Code inspected your pipeline facilities in Illinois, Kansas, and Missouri.\nOn the basis of the inspection, PHMSA has idenfified the apparent inadequacies found within\nConocoPhillips Pipe Line Company's plans or procedures and are described below:\n1. 5195.402 Procedural Manual for Operations, Maintenance and Emergencies.\n$195.402(a) requires that each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for.conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies.\n$195.402(c) indicates that the manual required by paragraph (a) of this section must\ninclude procedures for the following to provide safety during maintenance and normal\noperations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with each\nof the requirements of this subpart and subpart H of this part\n\n\n\nReview of the Operation and Maintenance (O&M) manual found thatthe following\nrequirements were not adequately covered in the manual or needed to be expanded to provide\nadditional guidance to your personnel. Item (a) is required to be included in the manual by\n$ 1es.a02(c)(3).\n1.(a) $f95. 406 Maximum Operating Pressure.\n(b) No operator may permit the pressure in a pipeline during\nsurges or other variations from normal operations to exceed\n110 percent of the operating pressure limit established under\nparagraph (a) ofthis section. Each operator must provide\nadequate controls and protective equipment to control the\npressure within this limit.\nConocoPhillips O&M procedures for temporary pressure reductions do not assure\nan adequate level ofoverpressure protection for reductions that are in place longer\nthan 30 days. ConocoPhillips allows the use of Administrative Controls for\ntemporary pressure reduction. This allows the Control Center or location to\nachieve the pressure reduction by monitoring and maintaining an upstream and/or\ndownstream set point or deviation alarm in the SCADA or local controls. From\ninterviews with ConocoPhillips personnel, this means that a required pressure\nreduction can be achieved by setting an alarm in SCADA that woulil require the\nSCADA operator to take action to shut down the pipeline in an overpressure\nsituation. Administrative Control relieves the operator from having to reset the\nactual field overpressue protection shutdowns. Per ConocoPhillips O&M,\nAdministrative Controls are limited to a 90-day period - except, Integrtty\nEngineer & the Director of Pipeline Integrity can extend Administrative Control\nanother 90 days. Administrative Controls should not be used beyond 30 days'\nResponse to this Notice\nThis Notice is proyided pursuant to 49 U.S.C. $ 60108(a) and 49 C.F.R. $ 190.237. Enclosed as\npart 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 for\nconfidential treatment under 5 U.S.C. 5520), along with the complete original document you\nmust 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 information\nqualifies for confrdential treatment under 5 U.S.C. 552(b). If you do not respond within 30 days\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue a Final Order.\n\n\n\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 inadequacies\n(49 C.F.R. $ 190.237). If you are not contesting this Notice, we propose that you submit your\namended procedures to my offrce within 30 days of receipt of this Notice. This period may be\nextended by written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIn correspondence concerning this matter, please refer to CPF 3-2007-5014M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerelv.\nIvan A. Huntoon\nDirector, Cenhal Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n\n\n\nResponse Options for Pipeline Operators in Compliance Proceedings\nThe requirements of 49 c.F.R. Part 190, Subpart B ($$ 190.201-190.237) govem response to\nNotices issued by a Regional Director, Pipeline and Hazardous Materials Safety Administration\n(PHMSA).\nBe advised that all material submitted by a respondent in response to an enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive\nmaterial qualifies for confidential fieatrnent under 5 U.S.C. 552(b), along with the complete\noriginal document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential ffeatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatrnent under 5 U.S.C. 552(b).\nProcedures for Resnondinq to a NOTICE OF PROBABLE VIOLATION:\nWithin 30 days of receipt of a Notice of Probable Violation, the respondent shall respond\nto the Regional Director who issued the Notice in the following way:\na. When the Notice contains a proposed CIVIL PENALTY* --\nL Paythe proposed civil penalty and advise the Regional Director ofthe\npayment. This authorizes PHMSA to make findings and to close the case\nwith prejudice to the respondent. Payment terms are outlined below;\n2. Submit written explanations, information, or other materials in response to\nthe allegations and/or seek elimination or mitigation of the proposed civil\npenalty. Refer to 49 C.F.R. S 190.225 for assessment considerations,\nwhich include the respondent's ability to pay and the effect on the\nrespondent's ability to stay in business, upon which civil penalties are\nbased; or\n3. Request a hearing as described below to contest the allegations and/or\nproposed assessment of a civil penalty.\nb. When the Notice contains a proposed COMPLIANCE ORDER* --\nl. Notiff the Regional Director that you intend to take the steps in the\nproposed compliance order;\nSubmit written explanations, information, or other materials in answer to\nthe allegations in the Notice and object to or seek clarification of the\nproposed oompliance order items in whole or in part; or\n3,\nRequest a hearing as described below to contest the allegations and/or\nproposed compliance order items;\nI of5\n\n\n\nil.\nc, When the Notice contains a WARMNG ITEM -\nNo written response is required. The respondent is warned that if it does not\ntake appropriate acttonto correct these items, enforcement action will be\ntaken ifa subsequent inspection reveals a violation\n* Failure of the respondent to respond to the Notice within 30 days of receipt\nconstitutes a waiver of the right to contest the allegations in the Notice and authorizes\nthe Associate Administrator for Pipeline Safety to find facts as alleged in the Notice\nwithout further notice to the respondent and to issue a Final Order.\nProcedures for Respondine to a NOTICE OF AMENDMENT*:\nWithin 30 days of receipt of a Notice of Amendment, the respondent shall respond to the\nRegional Director who issued the Notice in the following way:\na. Notify the Regional Director of your plans to address the inadequacies\nidentified in the Notice:\nb. Submit written explanations, information, or other materials in answer to the\nallegations in the Notice and/or object to or seek clarification ofthe proposed\namendment items in whole or in part; or\nRequest a hearing as described below to contest the allegations in the Notice.\n* Failure of the respondent to respond to the Notice within 30 days of receipt\nconstitutes a waiver of the right to contest the allegations in the Notice and authorizes\nthe Associate Administrator for Pipeline Safety to find facts as alleged in the Notice\nwithout further notice to the respondent and to issue a Final Order.\nProcedure for Requesting a Hearing\nA request for a hearing must be in writing and accompanied by a statement of the issues\nthat the respondent intends to raise at the hearing. The issues may relate to the\nallegations, new informatior\\ or to the proposed compliance order or proposed civil\npenalty amount. Refer to 49 C.F.R. $ 190.225 for assessment considerations upon which\ncivil penalties are based. A respondent's failure to speciff an issue may result in waiver\nof the right to raise that issue at the hearing. The respondent's request.must also indicate\nwhether or not respondent will be represented by counsel at the hearing. Failure to\nrequest a hearing in writing within 30 days of receipt of a Notice waives the right to a\nhearing, In addition, ifthe amount ofthe proposed civil penalty or the proposed\ncorrective action is less than $10,000, the hearing will be held by telephone, unless the\nrespondent submits a uritten request for an in-person hearing. Complete hearing\nprocedures can be found at 49 C.F.R. $ 190.211.\n2of5\n\n\n\nIV.\nV.\nVL\nExtensions of Time\nAn extension of time to prepare an appropriate response to a Notice may be granted, at\nthe agency's discretion, following submittal of a written request to the Regional Director.\nThe request must indicate the amount of time needed and the reasons for the extension,\nThe request must be submitted within 30 days of receipt of the Notice.'\nX'reedom of Information Act\nAny material prepared by PHMSA, including the violation report, the Notice, and any\norder issued in this case, and any material provided to PHMSA by the respondent, may\nbe considered public information and subject to disclosure under the Freedom of\nInformation Act (FOIA). If the information you provide is security sensitive, prMleged,\nconfidential or may cause your company competitive disadvantages, please clearly\nidentify the material and provide justification why the documents, or portions of a\ndocument should not be released under FOIA, If we receive a request for your material,\nwe will noti$r you if PHMSA, after reviewing the materials and your provided\njustification, determines that withholding the materials does not meet any exemption\nprovided under the FOIA. You may appeal the agency's decision to release material\nunder the FOIA at that time. Your appeal will stay the release of those materials until a\nfinal decision is made.\nSmall Business Requlatory Enforcement Fairness Act Information\nThe Small Business and Agricultural Regulatory Enforcement Ombudsman and l0\nRegional Faimess Boards were established to receive comments from small businesses\nabout federal agency enforcement actions. The Ombudsman will annually evaluate the\nenforcement activities and rate each agency's responsiveness to small business. Ifyorr\nwish to comment on the enforcement actions of the Pipeline and Hazardous Materials\nSafety Adminishation, call 1-888-REG-FAIR (1-888-734-3247) or go to\nhttp ://www sba. gov/ombudsman/dsp_faq. html.\n3 of 5\n\n\n\nVIL PAYMENT INSTRUCTIONS\nCivil Penalty Payments of Less Than 810,000\nPayment ofa civil penalty ofless than $10,000 proposed or assessed, under Subpart B ofPart\n190 of the Pipeline Safety Regulations san be made by certified check, money order or wire\ntransfer. Payment by certifred check or money order (containing the CPF Number for this case)\nshould be made payable to the \"Department of Transporlation\" and should be sent to:\nFederal Aviation Administration\nMike Moruoney Aeronautical Center\nFinancial Operations Division (AMZ-300) P.O. Box 25082\nOklahoma City, OK 73125'4915\nWire transfer payments of less than $10,000 may be made through the Federal Reserve\nCommunications System (Fedwire) to the account of the U.S. Treasury. Detailed instructions are\nprovided below. Questions conceming wire transfer should be directed to the Financial\nOperations Division at (405) 954-8893, or at the above address.\nCivil Penalty Payments of $10,000 or more\nPaymeht ofa civil penalty of$10,000 or more proposed or assessed under Subpart B ofPart 190\nof the Pipeline Safety Regulations must be made wire transfer (49 C.F.R. $ 89.21 (bX3),\nthrough the Federal Reserve Communications System (Fedwire) to the account of the U,S.\nTreaswy. Detailed instructions are provided below. Questions concerning wire transfers should\nbe directed to the Financial Operations Division at (405) 954-8893, or at the above address.\nINSTRUCTIONS FOR ELECTRONIC FT]ND TRANSFERS\n(I) RECEIVER ABA NO.\n021030004\n(2) TYPE/SUB-T\\?E\n(Provided by sending bank)\n(3) SENpTNG BANKABANO.\n(Provided by ssnding bank) (4) SENpTNG BANK REF NO.\n(Provided by sending bank)\n(s)AMOUNT (6) SENDINGBANKNAME\n@rovided by sending bank)\n(7) RECEIVERNAME\nTREASNYC\n(8) PROpUCT COpE\n(Normally CTR, or as provided by sending\nbank)\n(9) BENEFICIAL (BND : AGENCY\nLOCATION CODE\nBNF = /ALC-69-14-0001\n(10) REASONS FOR PA\\MENT\nExample: PHMSA - CPF # / Ticket\nNumberlPipeline Assessment number\n4 of5\n\n\n\nINSTRUCTIONS: You, as sender of the wire transfer, must provide the sending bank with the\ninformation for blocks (1), (5), (7), (9), and (10). The information provided in Blocks (l), (7),\nand (9) are constant and remain the same for all wire transfers to the Pipeline and Hazardous\nMaterials Safety Administration, Departrnent of Transportation.\nBlock #l - RECEIVER ABA NO. - \"021030004\". Ensure the sending bank enters this 9-digit\nidentification number; it represents the routing symbol for the U.S. Treasury at the Federal\nReserve Bank in New York.\nBlock #5 - AMOLTNT - You as the sender provide the amount of the transfer. Please be sure the\ntransfer amount is punctuated with commas and a decimal point. EXAMPLE: $10.000.00\nBlock#7 - RECEIVERNAME - \"TREAS NYC\". Ensure the sending bank enters this\nabbreviation. It must be used for all wire transfers to the Treasury Department,\nBlock#9 - BENEFICI.A,L - AGENCY LOCATION CODE - \"BNF=/ALC-69-14-0001\". Ensure\nthe sending bank enters this infotmation. This is the Agency Location Code for the Pipeline and\nHazardous Materials Safety Administration, Department of Transportation.\nBtock #10 - REASON FOR PAYMENT - \"AC-payment for PHMSA Case # / To ensure your\nwire transfer is credited properly, enter the case number/ticket number or Pipeline Assessment number,\nand country.\"\nNOTE: A wire transfer must comply with the format and instructions or the Department cannot\naccept the wire transfer. You as the sender can assist this process by notifying the Financial\nOperations Division (405) 954-8893 at the time you send the wire transfer.\nFebruarv 2007\nf or)","truncated":false,"body_characters":17681}