{"operation":"document","citation":"CPF 32024058NOPV","title":"BP OIL PIPELINE CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-12-04","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.412(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024058nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024058nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024058nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32024058NOPV","body":"Notice of Probable Violation involving BP OIL PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 195.412(a). The case was opened on 2024-12-04 and is reported as closed as of 2025-04-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32024058NOPV_Closure Letter_04222025_(23-264827).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024058NOPV/32024058NOPV_Closure%20Letter_04222025_(23-264827).pdf\n\n32024058NOPV_Closure Letter_04222025_(23-264827)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024058NOPV/32024058NOPV_Closure%20Letter_04222025_(23-264827)_text.pdf\n\n32024058NOPV_Final Order_04212025_(23-264827).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024058NOPV/32024058NOPV_Final%20Order_04212025_(23-264827).pdf\n\n32024058NOPV_Final Order_04212025_(23-264827)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024058NOPV/32024058NOPV_Final%20Order_04212025_(23-264827)_text.pdf\n\n32024058NOPV_Operator Response to Notice_01032025_(23-264827).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024058NOPV/32024058NOPV_Operator%20Response%20to%20Notice_01032025_(23-264827).pdf\n\n32024058NOPV_PCO_12042024_(23-264827).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024058NOPV/32024058NOPV_PCO_12042024_(23-264827).pdf\n\n32024058NOPV_PCO_12042024_(23-264827)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024058NOPV/32024058NOPV_PCO_12042024_(23-264827)_text.pdf\n\n32024058NOPV_Closure Letter_04222025_(23-264827)_text.pdf\n\nVIA ELECTRONIC MAIL TO: Chris.vodicka@bp.com; scott.fitzgerald@bp.com;\nTimothy.Smith@bp.com\nApril 22, 2025\nChris Vodicka\nVice President\nBP Oil Pipeline Company\n30 S. Wacker Drive\nChicago, Il, 60606\nRE: CPF 3-2024-058-NOPV\nDear Mr. Vodicka:\nOn April 21, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\nto BP Oil Pipeline Company (BP) a Final Order, pursuant to 49 CFR § 190.213. The Final Order\nincluded a Compliance Order. Based on our review of the documentation provided it has been\ndetermined that BP has complied with the terms of the Order.\nAccordingly, this case is now closed, and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Scott Fitzgerald, DOT Compliance Advisor, BP Oil Pipeline Company,\nscott.fitzgerald@bp.com\nTimothy Smith, Compliance Manager, BP Oil Pipeline Company,\ntimothy.smith@bp.com\n\n32024058NOPV_Final Order_04212025_(23-264827)_text.pdf\n\nApril 21, 2025\nVIA ELECTRONIC MAIL TO: chris.vodicka@bp.com\nChris Vodicka\nVice President\nBP Pipelines (North America) Inc.\n30 S. Wacker Drive, 10th Floor\nChicago, Illinois 60606\nRe: CPF No. 3-2024-058-NOPV\nDear Mr. Vodika:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and finds that the proposed actions to comply with the pipeline safety regulations have\nbeen completed. This case is now closed. Service of the Final Order by e-mail is effective upon\nthe date of transmission and acknowledgement of receipt as provided under 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosures (Final Order and NOPV)\n\n\n\ncc: Gregory A. Ochs, Director, Central Region, Office of Pipeline Safety\nTimothy J.R. Smith, Compliance Manager, BP Pipelines (North America) Inc.\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nBP OIL PIPELINE COMPANY, ) CPF No. 3-2024-058-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn December 4, 2024, pursuant to 49 CFR § 190.207, the Director, Central Region, Office of\nPipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to BP Oil Pipeline\nCompany (Respondent). The Notice proposed finding that Respondent had violated the pipeline\nsafety regulation in 49 CFR Part § 195 and proposed certain measures to correct the violations.\nBP Pipelines (North America) Inc. responded on behalf of Respondent and did not contest the\nallegation of violation or corrective measures.\nBased upon a review of all the evidence, pursuant to § 190.213, I find Respondent violated the\npipeline safety regulation listed below, as more fully described in the enclosed Notice, which is\nincorporated by reference:\n49 CFR § 195.412(a) (Item 1) ─ Respondent failed to properly inspect its right-\nof-way (ROW). Due to BP’s failure to maintain the vegetation in the ROW,\nadequate inspection by walking, driving, flying, or other appropriate means was\nimpossible.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nThe Director has indicated that Respondent completed the actions proposed in the Notice to\ncorrect the violations. Therefore, it is not necessary to include the proposed compliance terms in\nthis Final Order.\nThe terms and conditions of this order are effective upon service in accordance with 49 CFR\n§ 190.5.\n\n\n\n___________________________________ _________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nNOTICE OF PROBABLE VIOLATION\nand\nPROPOSED COMPLIANCE ORDER\nVIA ELECTRONIC MAIL TO: Chris.vodicka@bp.com; scott.fitzgerald@bp.com\nDecember 4, 2024\nChris Vodicka\nVice President\nBP Oil Pipeline Company\n30 S. Wacker Drive\nChicago, Il, 60606\nCPF 3-2024-058-NOPV\nDear Mr. Vodicka:\nFrom October 14 to 18, 2023, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49\nUnited States Code (U.S.C.), inspected BP Oil Pipeline Company (BP) pipeline facility located\nin Ohio and Kentucky.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected\nand the probable violation is:\n1. § 195.412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times each\ncalendar year, inspect the surface conditions on or adjacent to each pipeline right-\nof-way. Methods of inspection include walking, driving, flying or other appropriate\nmeans of traversing the right-of-way.\nBP failed to properly inspect its right-of-way (ROW), per the requirements of § 195.412(a), due\nto BP’s failure to maintain the vegetation in the ROW, which made adequate inspection\nimpossible. Specifically, BP did not adequately clear its ROW in a manner that allowed for\ninspection of the pipeline by walking, driving, flying or other appropriate means. During\nPHMSA’s inspection, inspectors observed that the ROW was not properly cleared near the\nRegency Apartments in Cincinnati, Ohio (pipeline segment Brom TN Ave BOCI 6”). The ROW\ncould not be observed by air nor was it able to be patrolled by foot due to the dense vegetation.\nBP provided PHMSA its Ground Patrol Report Form, “Form #F-195.412(a) GP,” for multiple\npatrols conducted from December 31, 2021 to January 8, 2024 for the pipeline segment Brom\n\n\n\nTN Ave BOCI 6\".' On all provided Form #F-195.412(a) GP, BP stated in response to Item 14\nthat there was excessive vegetation, which might impede inspection and/or maintenance. Thus,\nthe ground patrol reports showed that BP was aware of the excessive vegetation issue and noted\nthat it may affect its ability to inspect and maintain the pipeline since December 2021. Therefore,\ndue to BP's failure to properly maintain its ROW, BP failed to properly inspect its ROW, per the\nrequirements of § 195.412(a).\nProposed Civil Penalty\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a\nrelated series of violations. For violation occurring on or after January 6, 2023 and before\nDecember 28, 2023, the maximum penalty may not exceed $257,664 per violation per day the\nviolation persists, up to a maximum of $2,576,627 for a related series of violations. For violation\noccurring on or after March 21, 2022 and before January 6, 2023, the maximum penalty may not\nexceed $239,142 per violation per day the violation persists, up to a maximum of $2,391,412 for\na related series of violations. For violation occurring on or after May 3, 2021 and before March\n21, 2022, the maximum penalty may not exceed $225, 134 per violation per day the violation\npersists, up to a maximum of $2,251,334 for a related series of violations. For violation\noccurring on or after January 11, 2021 and before May 3, 2021, the maximum penalty may not\nexceed $222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for\na related series of violations. For violation occurring on or after July 31, 2019 and before January\n11, 2021, the maximum penalty may not exceed $218,647 per violation per day the violation\npersists, up to a maximum of $2,186,465 for a related series of violations. For violation\noccurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may\nnot exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to propose a civil penalty assessment at this time.\nProposed Compliance Order\nWith respect to Item 1, pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous Materials\nSafety Administration proposes to issue a Compliance Order to BP. Please refer to the Proposed\nCompliance Order, which is enclosed and made a part of this Notice.\nResponse to this Notice\nThis Notice is issued in accordance with 49 C.F.R. § 190.207(c). You must respond as set forth\nbelow.\n' BP conducts individual patrols on this segment every two weeks.\n\n\n\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators\nin Enforcement Proceedings. Please refer to this document and note the response options. All\nmaterial you submit in response to this enforcement action may be made publicly available. If\nyou believe that any portion of your responsive material qualifies for confidential treatment\nunder 5 U.S.C. § 552(b), along with the complete original document you must provide a second\ncopy of the document with the portions you believe qualify for confidential treatment redacted\nand an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. § 552(b).\nFollowing your receipt of this Notice, you have 30 days to respond as described in the enclosed\nResponse Options. If you do not respond within 30 days of receipt of this Notice, this constitutes\na waiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to\nyou and to issue a Final Order. If you are responding to this Notice, we propose that you submit\nyour correspondence to my office within 30 days from receipt of this Notice. The Region\nDirector may extend the period for responding upon a written request timely submitted\ndemonstrating good cause for an extension.\nIn your correspondence on this matter, please refer to CPF 3-2024-058-NOPV and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Enforcement Proceedings\ncc: Scott Fitzgerald, DOT Compliance Advisor, BP OIL PIPELINE CO\nscott.fitzgerald@bp.com\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to BP a Compliance Order incorporating the\nfollowing remedial requirements to ensure the compliance of BP with the pipeline safety\nregulations:\nA. B. In regard to Item 1 of the Notice, pertaining to BP’s failure to properly inspect its\nright-of-way (ROW), BP must:\n1. Develop a plan to clear the ROW for the patrol area known as Pipeline\nSegment Brom TN Ave BOCI 6 located within the City of Cincinnati, Ohio\nand submit this to Gregory A. Ochs, Director of Central Region for review\nand approval within 30 days of receipt of the Final Order. Within 120 days of\napproval of the plan, BP must submit evidence of proper clearing of the\nreferenced section along with the most recent Ground Patrol Report Form #F-\n195.412(a) GP for this section demonstrating that a successful patrol was\nperformed.\n2. Review the effectiveness of its procedures and personnel performing the\nprocedures regarding the patrol of its ROW. This review shall examine the\ncommunication between personnel responsible for the scheduling of clearing\nand those that are performing patrols, as well as local technicians that\nfrequently travel the right of way to ensure that all parties are aware of signs\nof deficient conditions. Documentation of this review and any revised\nprocedures shall be submitted to Gregory A. Ochs, Director of Central Region\nfor review and approval within 60 days of receipt of the Final Order.\nIt is requested that BP maintain documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to Gregory A.\nOchs, Director of Central Region, Pipeline and Hazardous Materials Safety\nAdministration. It is requested that these costs be reported in two categories: (1)\ntotal cost associated with preparation/revision of plans, procedures, studies and\nanalyses, and (2) total cost associated with replacements, additions and other\nchanges to pipeline infrastructure.","truncated":false,"body_characters":14202}