{"operation":"document","citation":"CPF 420075029W","title":"EXXONMOBIL PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-08-02","effective_on":null,"summary":"CLOSED warning letter citing 195.452(h)(3), 195.49.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420075029w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420075029w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420075029w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420075029W","body":"Warning Letter involving EXXONMOBIL PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.452(h)(3),  195.49. The case was opened on 2007-08-02 and is reported as closed as of 2007-08-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420075029W_Warning letter_08022007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420075029W/420075029W_Warning%20letter_08022007.pdf\n\n420075029W_Warning letter_08022007.pdf\n\nU.S. Department\nof Transportation\nPipeline and\nHazardous Materials safety\nAdministration\n8701 South Gessner, Suite 1110\nHouston, TX 77074\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 2,2007\nMr. Patrick Doolan\nVice President\nExxonMobil Pipeline Company\n800 Bell Street\nHouston, Texas 77002\nCPF 4-2007-5029W\nDear Mr. Parker:\nDuring April 9-13, 2007; April 23-27, 2007; and May 7, 2007 representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United\nStates Code inspected your Hazardous Liquid Integrity Management Program in Houston, TX.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violations are:\n1. 9195.452 Pipeline integrity management in high consequence areas.\n(h) What actions must an operator take to address integrity issues?\n(3) Schedule for evaluation and remediation. An operator must complete\nremediation of a condition according to a schedule that prioritizes the\nconditions for evaluation and remediation. If an operator cannot meet the\nschedule for any condition, the operator must justify the reasons why it cannot\nmeet the schedule and that the changed schedule will not jeopardize public\nsafety or environmental protection. An operator must notify OPS if the\noperator cannot meet the schedule and cannot provide safety through a\ntemporary reduction in operating pressure. An operator must send the notice\nto the address specified in paragraph (m) of this section.\nExxonMobil Pipeline Company (EMPCo) documented a decision to not repair an anomaly\non the Grand lsle Block 22L to Grand lsle Terminal segment meeting 180-day rule repair\ncriteria without notifying PHMSA or obtaining regulatory relief from PHMSA through the\nwaiver process. The Inspection Team noted that EMPCo developed draft material for\n\n\n\ntechnical justification that indicated the segment of pipeline containing the anomaly could\nnot affect an HCA. However, formal re-evaluation of whether the segment could affect an\nHCA was not fully pursued and documented in sufficient detail to establish this position.\nPHMSA recognizes that some operators used methods with conservative assumptions in\nidentifying which pipeline segments can affect HCAs to meet the initial compliance deadline.\nRefinement of these \"could affect segments\", potentially changing the boundaries of\nidentified segments, may occur as more detailed analyses are performed. This refinement\nprocess could result in conclusions that some segments (or portions of segments) identified\nby the initial deadline cannot affect an HCA. PHMSA expects operators to document their\njustification for any such elimination of an identified segment, and may review the technical\nbasis for these changes during inspections.\nOperators should not, however, apply refinements which impact the determination of\nwhether a segment can affect an HCA once the process of conductirrg an integrity\nassessment for that segment has begun. The integrity assessment results must be\nevaluated, and repairs required by the criteria of paragraph (h) must be performed, for the\nentire segment as defined prior to conduct of the assessment. The boundaries of the\nsegment can be reconsidered after conclusion of an integrity assessment and repair\nprocess.\n2. 9195.49 Annual report\nBeginning no later than June 15, 2005, each operator must annually complete and\nsubmit DOT form RSPA F 7000-1.1 for each type of hazardous liquid pipeline facility\noperated at the end of the previous year. A separate report is required for crude oil,\nHVL (including anhydrous ammonia), petroleum products, and carbon dioxide\npipelines. Operators are encouraged, but not required, to file an annual report by\nJune 15,2004, for calendar year 2003.\nIncluded in the integrity assessment data reviewed by the Inspection Team were anomalies\nthat met immediate repair criteria and were remediated as part of confirmatory digs within a\nshort period of time but were not classified as immediate conditions. The classification of\nthese anomalies as \"confirmatory digs\" rather than \"immediate conditions\" in EMPCo's\ninternal tracking system results in a failure to accurately trend and report anomalies that\nmeet the immediate repair criteria. EMPCo should ensure that immediate conditions are\nidentified as such and included in data that is required to be annually transmitted to PHMSA.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of $1,000,000\nfor any related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement action\nor penalty assessment proceedings at this time. We advise you to correct the items identified in\nthis letter. Failure to do so will result in EMPCo being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2007-5029W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any poltion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\n\n\n\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\n-\nR.M. Seelev\nDirector, ~iuthwest Region\nPipeline and Hazardous\nMaterials Safety Administration","truncated":false,"body_characters":6330}