PHILLIPS 66 PIPELINE LLC — Notice of Probable Violation

case documentOfficial PDFCPF_No_4-2005-5034.pdf#

420055034_Final Order_09012006.pdf, page 1Official PDFU.S. Department 400 Seventh Street, S.W. of Transportation Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration Ms. Meg Yaege President ConocoPhillips Pipeline Company 600 N. Dairy Ashford Houston, TX 77079 Re: CPF No. 4-2005-5034 Dear Ms. Yaege: 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 $12,000. I acknowledge receipt of and accept your wire transfer for $1 2,000 as payment in full of the civil penalty assessed in the Final Order. The Final Order also acknowledges your completion of the proposed compliance order items to comply with the pipeline safety regulations. This case is now closed. Your receipt of the Final Order constitutes service. of that document under 49 C.F.R. 190.5 Sincerely, James Reynolds Pipeline Compliance Registry Office of Pipeline Safety Enclosure cc: R.M. Seeley Director, Southwest Region, OPS CERTIFIED MAIL -RETURN RECEIPT REQUESTED#

420055034_Final Order_09012006.pdf, page 2DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, DC 20590 ppp ) In the Matter of ) ) ConocoPhillips Pipeline Company ) CPF NO. 4-2005-5034 1 Respondent ) FINAL ORDER On August 3 1,2005, in accordance with 49 C.F.R. 8 190.207, the Director, Southwest Region, Office of Pipeline Safety (OPS), issued Respondent a Notice of Probable Violation, Proposed Civil Penalty and Proposed Compliance Order (Notice). The Notice proposed finding that Respondent had committed violations of 49 C.F.R. Part 195 and proposed assessing a civil penalty of $12,000 for one of the alleged violation. The Notice also proposed that Respondent take certain measures to correct one of the alleged violations. Respondent submitted a wire transfer in the amount of the proposed civil penalty ($12,000), waiving further right to respond and authorizing the entry of this Final Order. Pursuant to 49 C.F.R. 8 190.213 and 49 U.S.C. 8 60122, I find that Respondent violated the following sections of 49 C.F.R. Part 195, as more fully described in the Notice: 49 C.F.R. 8 195.402(e)(9) (Notice Item 2) -failing to perform a post accident review for the April 2003 12-inch Wood River line break. 49 C.F.R. 8 195.579(a) (Notice Item 4) -failing to measure internal corrosion of the pipeline at the Borger Crude Terminal. These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. Having reviewed the record and considered the assessment criteria, I assess Respondent a civil penalty of $12,000 for violation of 8 195.579(a), already paid by Respondent. The Notice also proposed a Compliance Order with respect to the violation of 8 195.402(e)(9). Under 49 U.S.C. 8 601 18(a), each person who engages in the transportation of hazardous liquids or who owns or operates a pipeline facility is required to comply with the applicable safety#

420055034_Final Order_09012006.pdf, page 3standards established under Chapter 60 1. The Regional Director has indicated that Respondent has taken the following actions specified in the Proposed Compliance Order. Respondent has performed a post accident review for the April 2003 12-inch Wood River line break and submitted documentation of the review. Accordingly, since compliance has been achieved with respect to this violation, the compliance terms are not included in this Order. WARNING ITEMS The Notice did not propose a civil penalty or corrective action for Items 1, 3 and 5 in the Notice; therefore, these are considered warning items. Respondent is warned that if it does not take appropriate action to correct these items, enforcement action will be taken if a subsequent inspection reveals a violation. The warnings were for - 49 C.F.R. tj 195.264 (Notice Item 1) -failing to maintain tank dike volumes at the same level of the tank capacities volumes at the COP Greenville facility. Tank dike volumes have been reduced over time by sediment or erosion; and 49 C.F.R. tj 195.404(a) (Notice Item 3) -failing to maintain current facility piping diagrams; and 49 C.F.R. tj 195.579(c) (Notice Item 5) -failing to inspect the internal surface of a pipe for evidence of corrosion when the pipe had been removed from the pipeline. The terms and conditions of this Final Order are effective on receipt. Date Issued Pipeline Safety#