{"operation":"document","citation":"CPF 420045028H","title":"EXPLORER PIPELINE CO — Corrective Action Order","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-10-01","effective_on":null,"summary":"CLOSED corrective action order.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420045028h.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420045028h.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420045028h","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420045028H","body":"Corrective Action Order involving EXPLORER PIPELINE CO. The dataset does not identify a cited regulation for this case. The case was opened on 2004-10-01 and is reported as closed as of 2006-09-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420045028H_Corrective Action Order_10012004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420045028H/420045028H_Corrective%20Action%20Order_10012004.pdf\n\n420045028H_Corrective Action Order_10012004.pdf\n\no\nU.S.Deporlment\nof Tronsportolion\nReseorch ond\nSBeciol Progroms\nAdminislrqlion ocT - 1 2004\n400 Sevenlh St.. S.W\nWashington. D.C 20590\nMr. R.E. Sands\nVice President and Chief Operations Officer\nExplorer Pipeline Company\nP.O. Box 2650\nTulsa, OK74101-2650\nRe: CPF No. 4-2004-5028H\nDear Mr. Sands:\nEnclosed is a Corrective Action Order issued by the Associate Administrator for\nPipeline Safety in the above-referenced case. It requires you to take certain corrective actions,\nincluding a pressure reduction, with respect to the Holdenville, OK to Okmulgee,OK segment\nof your Explorer Pipeline System. Service is being made by certified mail and facsimile.\nYour receipt of this Corrective Action Order constitutes service of that document under 49\nC.F.R. $ 190.5. The terms and conditions of this Corrective Action Order are effective upon\nreceipt.\nt\\\nhl. ^/\nl '\n*-\\\nes Reynolds\nOffrce of Pipeline Safety\nEnclosure\nVIA CERTIFIED MAIL (RETURN RECEIPT REOUESTED) AND TELECOPY\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFF'ICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nExplorer Pipeline Company,\nRespondent.\nCPF No. 4-2004-5028H\nCORRECTIVE ACTIOJN ORDER\nPurpose and Background\nThis Corrective Action Order is being issued, under authority of 49 U.S.C. $ 60t 12, torequire\nExplorer Pipeline Company (Respondent) to take the necessary corrective action to protect the\npublic, property, and the environment from potential h:azards associated with a failure involving\nthe Holdenville, OK to Okmulgee, OK segment (\"the affected segment\") of Respondent's\nExplorer Pipeline System that runs from Port Arthur, TX to Hammond, IN.\nOn September 28,2004, a failure occurred on the affected segment in Hughes County, OK\nresulting in the release of diesel fuel. The cause of the failure has not yet been determined.\nPursuant to 49 U.S.C. $ 60117,the Southwest Region, Office of Pipeline Safety (OPS) initiated\nan investigation of the accident.\nPreliminary Findings\n. At approximately I l:56 a.m. CDT on September 28,2004,Respondent's automated control\nsystem detected a sudden pressure drop on the affected segment. At approximately lI:57\na.m. CDT, Respondent shut down the line.\nAt approximately 2:03 p.m. CDT, Respondent identified a failure on the affected segment\nat Mile Post (MP) 459, which resulted in the release of an estimated 1500 barrels of high-\nsulphur diesel fuel.\nThe failure occured approximately one mile northwest of the intersection of Highway 270\nand Highway 75. The nearest town, Holdenville, OK, is located approximately five miles\nfrom the failure site.\n\n\n\nDetermination of Necessity for Corrective Action Order and Right to Hearing\nSection 60I12 of Title 49, United States Code, provides for the issuance of a Corrective Action\nOrder, after reasonable notice and the opportunity for a hearing, requiring corrective action, which\nmay include the suspended or restricted use of a pipeline facility, physical inspection, testing,\nrepair, replacement; or other action as appropriate. The basis for making the determination that\na pipeline facility is hazardous, requiring conective action, is set forth both in the above\nreferenced statute and 49 C.F.R. $ 190.233, a copy of which is enclosed.\nSection 60112, and the regulations promulgated thereunder, provide for the issuance of a\nCorrective Action Order without prior opportunity for notice and hearing upon a finding that\nfailure to issue the Order expeditiously will likely result in serious harm to life, property or the\nenvironment. In such cases, an opportunity for ahearing will be provided as soon as practicable\nafter the issuance of the Order.\nAfter evaluating the foregoing preliminary findings of f'act, I find that the continued operation of\nthe affected segment without corrective measures would be hazardous to life, property and the\nenvironment. Additionally, after considering the age of the pipe, the proximity of the pipeline\nto highways and waterways, the combustible nature of the products the pipeline transports, the\npressure required for transporting the material, the lack of an obvious cause for the failure despite\nthe multiple internal inspections by different tools, andthat the pressure at failure was below the\nsegment's MOP, I find that a failure to expeditiously issue this Order requiring immediate\ncorrective action would likely result in serious harm to life, property, or the environment.\nAccordingly, this Corrective Action Order mandating immediate corrective action is issued\nwithout prior notice and opportunity for a hearing. The terms and conditions of this Order are\neffective upon receipt.\nWithin 10 days of receipt of this Order, Respondent may request a hearing, to be held as soon as\npracticable, by notifliing the Associate Administrator for Pipeline Safety in writing, delivered\npersonally, by mail or by telecopy at (202) 366-4566. The hearing will be held in Houston, TX\nor Washington, DC on a date that is mutually convenient to OPS and Respondent.\nAfter receiving and analyzingadditional data in the course ofthis investigation, OPS may identifr'\nother corrective measures that need to be taken. In that event, Respondent will be notified of any\nadditional measures required and amendment of this Order will be considered. To the extent\nconsistent with safety, Respondent will be afforded notice and an opportunity for a hearing prior\nto the imposition of any additional corrective measures.\nRequired Corrective Action\nPursuant to 49 U.S.C. $ 601 I2,Ihereby order Explorer Pipeline Company to immediately take\nthe fcllo'wing correcti',ze actions .,^,rith respect to the Holdenville to Okmulgee segrnent of\nRespondent's Explorer Pipeline System:\n\n\n\n1.\n2.\n3.\nA T .\nPrior to resuming operation of the pipeline, submit written start-up procedures subject to the\napproval of the Director, Southwest Region, OPS. The procedures must provide for an\nincremental start-up and must include sufficient pressure monitoring, leak patrolling, and\nsurveillance to ensure that no leaks are present when operation of the line is resumed.\nOnce the pipeline is restarted in accordance with Item 1, the operating pressure on the\naffected segment is not to exceed 80 percent (80%)of the actual operating pi.rrur\" in effect\njust prior to the September 28,2004 failure. Specifically, the pressure isnot to exceed 596\npsig at the failure site. This pressure restriction will remain in effect until written approval\nto increase the pressure or return the pipeline to its pre-failure operating pressure is obtained\nfrom the Director, Southwest Region, OPS. If the results of the re-evaluation of the data\nfrom the in-line inspections required by Item 4 or any other action undertaken pursuant to\nthis Order dictate a reduction in the allowable operatingpressure below that imposed by this\norder, Respondent must further reduce the operating pressure accordingly.\nconciuct metallurgical testing of the failed pipe sections as follows:\n(A) Collect, catalog, and seal the pipe and all other evidence in the presence of OpS or an\nOPS representative and document the chain-of-custody;\n(B) Obtain prior approval of the testing protocol, from the Director, Southwest Region,\nOPS;\n(C) Prior to commencing the metallurgical testing, provide the Director, Southwest Region,\nOPS with the scheduled date, time, and location ofthe testing to allow an OPS representative\nto witness it; and\n(D) Ensure that the laboratory distributes all resulting metallurgical reports, whether draft\nor final, to oPS at the same time as they are made available to Respondent.\nWithin 30 days following receipt of this Order, re-evaluate the data from the 1996 and 2003\ngeometry tool runs, the 1997 and 2002 metal loss tool runs, the 2000 ultrasonic crack\ndetection tool run, and the 2001 and2002 experimental TFI tool runs, including information\nobtained from any resulting excavations. Conduct the re-evaluation as follows:\n(A) The re-evaluation must focus on the data from the tool(s) most suitable for detecting the\ncondition that was the precursor of the failure based on the findings of the metallursical\nanalvsis:\n(B) Determine whether the internal inspection data indicates any anomalies in the vicinity\nof the failure site that could have contributed to the failure;\n(C) If any anomalies at the failure site are indicated by the data, describe the nature and\nmagnitude of the anomalies and report why they were not repaired;\n\n\n\n5.\n6.\n7. (D) Determine whether any other anomalies of a similar magnitude or nature are present\nelsewhere on any portion of the Explorer Pipeline System constructed with similar methods\nand material as the affected segment;\n(E) Make the in-line inspection data avarlable to OPS or its representative; and\n(F) Within 45 days of receipt of this Order, submit the results of the re-evaluation to the\nDirector, Southwest Region, OPS.\nWithin 60 days of receipt of this Order, develop and submit a written plan with corrective\nmeasures for prior approval by the Director, Southwest Region, OPS. The plan must fully\naddress all known or suspected factors that caused or contributed to the September 28,2004\nfailure and must include:\n(A) The integration of the information developed from the actions required by Items 3 and\n4, along with any relevant information from previous failure investigations, leak history,\nrepair records, corrosion control records, in-line inspections, hydrostatic testing, changes in\npressure cycling, and other relevant operating data for the purpose of performing a\ncomprehensive analysis of all factors that caused or contributed to the failure;\n(B) The performance of appropriate field testing, inspections, and evaluations, including\nconsideration of additional intemal inspections, to determine whether and to what extent the\ncondition(s) associated with the failure, or other integrity threatening trends, are present\nalong the remainder of the affected segment or elsewhere on any portion of the Explorer\nPipeline System constructed with similar methods and material as the affected segment.\nInclude a description of the tools and methods to be used in any field evaluations and the\ncriteria to be used for the prioritization of any integrity threats thatare identified. Make the\nresults of any field evaluations available to oPS or its representative;\n(C) The performance of appropriate repairs or other corrective measures fully remediating\nthe integrity threatening condition(s) associated with the failure everywhere along the\npipeline where such conditions are identified by the evaluation process. Include a\ndescription of the repair method(s) to be used in undertaking any repairs or other remedial\nactions; and\n(D) A proposed schedule for completion of the testing and repairs.\nSubmit the plan to: Director, Southwest Region, Office of Pipeline Safety, 8701 South\nGessner Street, Suite 1110, Houston, TX 77074. The plan must be revised as necessary to\nincorporate new information obtained during the failure investigation and remedial activities\nundertaken pursuant to this Order. Submit any such plan revisions to the Director for prior\napproval. The Director may approve plan elements incrementally.\nImplement the plan as it is approved, including any revisions to the plan.\n\n\n\n8. The Director, Southwest Region, OPS may allow the removal or modification of the pressure\nrestriction set forth in Item 2 upon a written request from Respondent demonstratingthat the\nhazatd has been abated and that restoring the pipeline to its pre-failure operating pressure is\njustified based on a reliable engineering analysis showing thatthe pressure increase is safe\nconsidering all known defects, anomalies and operating parameters of the pipeline.\ng- The Director, Southwest Region, OPS may grant an extension of time for compliance with any\nof the terms of this Order for good cause. A request for an extension must be in writing.\nThe corrective actions required by this Corrective Action Order are in addition to and do not waive\nany requirements that apply to the pipeline under 49 C.F.R. Part 195, including the integrity\nmanagement program regulations.\nRespondent may appeal anv decision of the Director to the AssoeiaJe Ael,ministrator for Pipeline\nSafety. Decisions of the Associate Administrator shall be final.\nFailure to comply with this Order may result in the assessment of civil penalties of not more than\n$100,000 per day and in referral to the Attorney General for appropriate relief in United States\nDistrict Court.\nr,P AIU*'1\\GrF G{r\nStacey Gerard\nAssociate Administrator\nfor Pipeline Safety\nOcI - 1 na4\nDate Issued\n6","truncated":false,"body_characters":13118}