CHEVRON PIPE LINE CO — Notice of Probable Violation

party submissionOfficial PDF420145012_Operator Response to Notice_06252014.pdf#

420145012_NOPV PCP PCO_05212014_text.pdf, page 1Official PDFNOTICE OF PROBABLE VIOLATION PROPOSED CIVIL PENALTY and PROPOSED COMPLIANCE ORDER CERTIFIED MAIL - RETURN RECEIPT REQUESTED May 21, 2014 Mr. Randy Curry President Chevron Pipe Line Company 4800 Fournace Place Bellaire, TX 77401-2324 CPF 4-2014-5012 Dear Mr. Curry: On November 14, 2013, Chevron Pipe Line Company (CPL) experienced an excavation related accident on its West Texas LPG Pipeline System 10-inch Loop Line near Milford, TX (approximate Mile Post (MP) 39.44). As a result of this accident, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States Code conducted an accident investigation and performed an inspection of your related Damage Prevention practices. As a result of the investigation and inspection, it appears that you have committed probable violations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable violation(s) are: 1. §195.442 Damage prevention program. (a) Except as provided in paragraph (d) of this section, each operator of a buried pipeline must carry out, in accordance with this section, a written program to prevent damage to that pipeline from excavation activities.#

420145012_NOPV PCP PCO_05212014_text.pdf, page 2CPL’s damage prevention program failed to prevent damage to its pipeline from excavation activities being performed by a second party contractor. On November 14, 2013, at 9:30 am, CPL’s 10” West Texas LPG line was struck by their contractor installing cathodic protection facilities. As a result of incorrect facility location, the contractor placed a drilling rig directly over a 10-inch LPG pipeline and punctured the line with his drilling equipment. The line ruptured and subsequently ignited. Prior to the start of excavation, the pipeline’s location was identified incorrectly by CPL personnel, causing the pipeline to be damaged during the excavation activities being overseen by the operator. CPL generally followed the CPL damage prevention procedures, but the operator’s damage prevention procedures lacked sufficient detail to ensure that the marking was performed properly. The primary CPL procedure used for second-party excavation was Section 5 of the Core Liquids Manual. This procedure instructed the CPL personnel performing line locating to: 4) Use maps, as built documents, and other available data as necessary to assist in verifying that all facilities in a specific area are located and marked. If omissions or errors are discovered in facility mapping during the course of a locating activity, corrections must be submitted to the GIS Analyst in a timely manner. CPL’s procedure was not specific or detailed enough to ensure that the proper maps and locating techniques were used by the CPL employee performing the line locating. The CPL employee used his DeLorme Maps, the facility signs and markers at the jobsite and the location of the above ground 14-inch valve for information and located the pipeline using his RD8000 pipeline locator set to CP mode. CPL’s two parallel lines in the right of way crossed each other several times and the accuracy of the DeLorme Maps as well as the disposition of an abandoned pipeline in the area were not fully investigated. The pipeline employee did not use any other pipeline maps or drawings. No additional line locating was performed, and the location below the proposed drilling site was not probed or checked by hand digging prior to starting the drilling operations. This was not a requirement of the CPL Damage Prevention procedure or Excavation HES 202 for second party foreign line crossings, but was a requirement for third party foreign line crossings (Core Liquids Manual Section 5, Foreign Line Crossing Procedure MIP 206). 2. §199.105 Drug tests required. Each operator shall conduct the following drug tests for the presence of a prohibited drug: (b) Post-accident testing. As soon as possible but no later than 32 hours after an accident, an operator shall drug test each employee whose performance either 2#

420145012_NOPV PCP PCO_05212014_text.pdf, page 3contributed to the accident or cannot be completely discounted as a contributing factor to the accident. An operator may decide not to test under this paragraph but such a decision must be based on the best information available immediately after the accident that the employee's performance could not have contributed to the accident or that, because of the time between that performance and the accident, it is not likely that a drug test would reveal whether the performance was affected by drug use. CPL failed to conduct post-accident drug testing within 32 hours for the employee performing line locating and marking prior for the accident that occurred on November 14, 2013 at 0933 hours local time. The post-accident testing was completed at 9:45 p.m. on November 15, 2013, a little more than 4 hours past the 32 hour limit for testing to be completed. 3. §199.225 Alcohol tests required. Each operator shall conduct the following types of alcohol tests for the presence of alcohol: (a) Post-accident. (1) As soon as practicable following an accident, each operator shall test each surviving covered employee for alcohol if that employee's performance of a covered function either contributed to the accident or cannot be completely discounted as a contributing factor to the accident. The decision not to administer a test under this section shall be based on the operator's determination, using the best available information at the time of the determination that the covered employee's performance could not have contributed to the accident. (2)(i) If a test required by this section is not administered within 2 hours following the accident, the operator shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by paragraph (a) is not administered within 8 hours following the accident, the operator shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. CPL failed to conduct post-accident alcohol testing within 8 hours for the employee performing line locating and marking prior for the accident that occurred on November 14, 2013 at 0933 hours local time. The post-accident testing was completed at 9:45 p.m. on November 15, 2013, a little more than 28 hours past the 8 hour limit for testing to be completed. Proposed Civil Penalty Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a related series of violations. For violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a 3#

420145012_NOPV PCP PCO_05212014_text.pdf, page 4related series of violations. The Compliance Officer has reviewed the circumstances and supporting documentation involved in the above probable violation(s) and has recommended that you be preliminarily assessed a civil penalty of $158,400 for item 1. Proposed Compliance Order With respect to Item 1, pursuant to 49 United States Code § 60118, PHMSA proposes to issue a Compliance Order to CPL. Please refer to the Proposed Compliance Order, which is enclosed and made a part of this Notice. Warning Items With respect to items 2 and 3, we have reviewed the circumstances and supporting documents involved in this case and have decided not to conduct additional enforcement action or penalty assessment proceedings at this time. We advise you to promptly correct these item(s). Failure to do so may result in additional enforcement action. Response to this Notice Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. All material you submit in response to this enforcement action may be made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must provide a second copy of the document with the portions you believe qualify for confidential treatment redacted and an explanation of why you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue a Final Order. In your correspondence on this matter, please refer to CPF 4-2014-5012 and for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, R. M. Seeley Director, Southwest Region Pipeline and Hazardous Materials Safety Administration Enclosures: Proposed Compliance Order Response Options for Pipeline Operators in Compliance Proceedings 4#

420145012_NOPV PCP PCO_05212014_text.pdf, page 5PROPOSED COMPLIANCE ORDER Pursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to issue to Chevron Pipe Line Company (CPL) a Compliance Order incorporating the following remedial requirements to ensure the compliance of CPL with the pipeline safety regulations: 1. In regard to Item Number 1 of the Notice pertaining to CPL’s Damage Prevention processes; CPL shall revise its damage prevention procedures to ensure that all excavation, whether first, second or third-party receive the same level of response and risk management to prevent damage to pipeline facilities. 2. 3. 4. 5. 6. 7. In regard to Item Number 1 of the Notice pertaining to CPL’s Damage Prevention process; CPL shall perform further investigation, including excavation as necessary to positively determine the disposition of the abandoned pipeline that was replaced by the installation of the 10-inch Loop Line in 1988. CPL shall determine if any other similar locations exist within the West Texas LPG System and develop a mechanism for communicating to employees performing line locating activities where potentially abandoned pipelines may exist through drawings or records that shall be utilized during the line locating process. In regard to Item 1 of the Notice pertaining to CPL’s Damage Prevention processes; CPL shall provide a method for physical marking and identification in the field for all CP test stations in right-of-ways containing parallel or multiple CPL lines in the West Texas LPG System to identify the pipeline to which the test station is connected. CPL shall update the DeLorme Mapping with the information collected from the field activities conducted under this item to ensure the accuracy of the CP records. In regard to Items 1 through 3 of the Notice, all revised procedures resulting from the CPL RCA, requirements of this Order, or revisions to the CPL Damage Prevention Program shall be summarized in a listing and copies of each procedure or Plan shall be submitted in their entirety in final form to PHMSA, Southwest Region for review. CPL shall carry out training for all affected employees to cover the procedural revisions resulting from this Order to specifically include supervisory personnel. CPL shall submit a training plan to PHMSA which identifies the affected procedures and proposed training schedule for approval prior to implementation. CPL shall complete Items 1 through 5 no later than 90 days after the issuance of the Final Order. It is requested (not mandated) that CPL maintain documentation of the safety improvement costs associated with fulfilling this Compliance Order and submit the total to Rod Seeley, Director, Southwest Region, Pipeline and Hazardous Materials Safety Administration. It is requested that these costs be reported in two categories: 1) total cost associated with preparation/revision of plans, procedures, studies and analyses, and 2) total cost associated with replacements, additions and other changes to pipeline infrastructure.#

420145012_Closure_02122015_text.pdf, page 1Official PDFCERTIFIED MAIL - RETURN RECEIPT REQUESTED February 12, 2015 Mr. Randy Curry President Chevron Pipe Line Company 4800 Fournace Place Bellaire, TX 77401-2324 CPF 4-2014-5012 Dear Mr. Curry: On November 14, 2013, Chevron Pipe Line Company (CPL) experienced an excavation related accident on its West Texas LPG Pipeline System 10-inch Loop Line near Milford, TX (approximate Mile Post (MP) 39.44). As a result of this accident, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States Code conducted an accident investigation and performed an inspection of your related Damage Prevention practices. As a result of the investigation and inspection, a Notice of Probable Violation, with a Proposed Civil Penalty and Proposed Compliance Order (NOPV) was issued under case file CPF 4-2014- 5012 to CPL in a letter dated May 21, 2014. On November 4, 2014, PHMSA issued a Final Order in the matter which was received by Chevron on November 17, 2014. In a letter dated February 2, 2015, Chevron responded to the Final Order with a letter summarizing its actions and requesting closure of the case. This letter is to inform you no further action is necessary and this case is now closed. Thank you for your cooperation. Sincerely, R. M. Seeley Director, Southwest Region Pipeline and Hazardous Materials Safety Administration#

420145012_Final Order_11042014_text.pdf, page 1Official PDFNOVEMBER 4, 2014 Mr. Al Williams President Chevron Pipe Line Company 4800 Fournace Place Bellaire, TX 77401-2324 Re: CPF No. 4-2014-5012 Dear Mr. Williams: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation, assesses a civil penalty of $158,400, and specifies actions that need to be taken by Chevron Pipe Line Company to comply with the pipeline safety regulations. This is to acknowledge receipt of payment of the full penalty amount, by wire transfer dated July 30, 2014. When the terms of the compliance order have been completed, as determined by the Director, Southwest Region, this enforcement action will be closed. Service of the Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Jeffrey D. Wiese Associate Administrator for Pipeline Safety Enclosure cc: Mr. R.M. Seeley, Director, Southwest Region, OPS Mr. James M. Barnum, Vice President, Chevron Pipe Line Company, 4800 Fournace Place, Bellaire, TX 77401-2324 CERTIFIED MAIL - RETURN RECEIPT REQUESTED#

420145012_Final Order_11042014_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ ) In the Matter of ) ) Chevron Pipe Line Company, ) CPF No. 4-2014-5012 ) Respondent. ) ____________________________________) FINAL ORDER Pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an investigation of an accident involving the pipeline system operated by Chevron Pipe Line Company (CPL or Respondent) near Milford, Texas. CPL, an indirect wholly-owned subsidiary of Chevron Corporation, operates approximately 10,000 miles of pipeline transporting crude oil, refined petroleum products, liquefied petroleum gas, natural gas and chemicals within the United States.1 The investigation arose out of an excavation-related accident on CPL’s West Texas LPG Pipeline System that occurred on November 14, 2013. As a result of the investigation, the Director, Southwest Region, OPS (Director), issued to Respondent, by letter dated May 21, 2014, a Notice of Probable Violation, Proposed Civil Penalty, and Proposed Compliance Order (Notice), which also included warnings pursuant to 49 C.F.R. § 190.205. In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that CPL had violated 49 C.F.R. § 195.442 and proposed assessing a civil penalty of $158,400 for the alleged violation. The Notice also proposed ordering Respondent to take certain measures to correct the alleged violation. The warning items required no further action, but warned the operator to correct the probable violations. CPL responded to the Notice by letter dated June 25, 2014 (Response). The company did not contest the allegation of violation and paid the proposed civil penalty of $158,400 as provided in 49 C.F.R. § 190.227. The company also provided information concerning the corrective actions it had taken. Respondent did not request a hearing and therefore has waived its right to one. 1 See http://chevronpipeline.com/about/ (last accessed on September 9, 2014).#

420145012_Final Order_11042014_text.pdf, page 32 FINDING OF VIOLATION In its Response, CPL did not contest the allegation in the Notice that it violated 49 C.F.R. Part 195, as follows: Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.442, which states in relevant part: § 195.442 Damage prevention program. (a) Except as provided in paragraph (d) of this section, each operator of a buried pipeline must carry out, in accordance with this section, a written program to prevent damage to that pipeline from excavation activities…. The Notice alleged that Respondent violated 49 C.F.R. § 195.442 by failing to carry out a written program to prevent damage to its pipeline from excavation activities. Specifically, the Notice alleged that CPL’s written damage prevention program lacked sufficient detail to ensure that the pipeline marking was performed properly prior to excavation. Respondent did not contest this allegation of violation. Accordingly, based upon a review of all of the evidence, I find that Respondent violated 49 C.F.R. § 195.442 by failing to carry out a written program to prevent damage to its pipeline from excavation activities. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. ASSESSMENT OF PENALTY Under 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed $200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any related series of violations.2 In determining the amount of a civil penalty under 49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature, circumstances, and gravity of the violation, including adverse impact on the environment; the degree of Respondent’s culpability; the history of Respondent’s prior offenses; and any effect that the penalty may have on its ability to continue doing business; and the good faith of Respondent in attempting to comply with the pipeline safety regulations. In addition, I may consider the economic benefit gained from the violation without any reduction because of subsequent damages, and such other matters as justice may require. The Notice proposed a civil penalty of $158,400 for the violation cited above. Item 1: The Notice proposed a civil penalty of $158,400 for Respondent’s violation of 49 C.F.R. § 195.442, for failing to carry out a written program to prevent damage to its pipeline 2 The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, Pub. L. No. 112-90, § 2(a)(1), 125 Stat. 1904, January 3, 2012, increased the civil penalty liability for violating a pipeline safety standard to $200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any related series of violations.#

420145012_Final Order_11042014_text.pdf, page 43 from excavation activities. This was a serious violation which resulted in a pipeline accident. Chevron is culpable for the violation and has neither contested the allegation nor presented any evidence or argument justifying a reduction in the proposed penalty. Accordingly, having reviewed the record and considered the assessment criteria, I assess Respondent a civil penalty of $158,400 for violation of 49 C.F.R. § 195.442, which amount has already been paid by Respondent. COMPLIANCE ORDER The Notice proposed a compliance order with respect to Item 1 in the Notice for violation of 49 C.F.R. § 195.442. Under 49 U.S.C. § 60118(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 standards established under chapter 601. Pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following actions to ensure compliance with the pipeline safety regulations applicable to its operations: 1. With respect to the violation of § 195.442 (Item 1), Respondent must revise its damage prevention procedures to ensure that all excavation-related activities receive appropriate CPL response and risk management to prevent damage to pipeline facilities. Respondent must train all affected employees, including supervisory personnel, on the revised procedures. Respondent must submit a training plan identifying the affected procedures and proposed training schedule to the Director, Southwest Region, for approval prior to implementation. 2. With respect to the violation of § 195.442 (Item 1), Respondent must perform further investigation to determine the disposition of the abandoned pipeline that was replaced in 1988 by the 10-inch Loop Line that was damaged in this accident. CPL must determine whether similar locations exist within the West Texas LPG System and develop a mechanism for accounting for abandoned facilities during the line locating process. 3. With respect to the violation of § 195.442 (Item 1), PHMSA suggests that Respondent develop and implement a method for physical marking and identification of its test stations in rights-of-way containing multiple CPL lines in the West Texas LPG System to identify the pipeline to which the test station is connected. CPL maps and records should be updated with the information collected using this method. 4. CPL must provide all revised procedures and records demonstrating completion of the items listed above to the Director, Southwest Region, for review within 90 days of receipt of the Final Order. The Director may grant an extension of time to comply with any of the required items upon a written request timely submitted by the Respondent and demonstrating good cause for an extension.#

420145012_Final Order_11042014_text.pdf, page 54 Failure to comply with this Final Order [CPF No. 4-2014-5012] may result in the administrative assessment of civil penalties not to exceed $200,000 for each violation for each day the violation continues or in referral to the Attorney General for appropriate relief in a district court of the United States. WARNING ITEMS With respect to Items 2 and 3, the Notice alleged probable violations of Part 199 but did not propose a civil penalty or compliance order for these items. Therefore, these are considered to be warning items. The warnings were for: 49 C.F.R. § 199.105 (Item 2) ─ Respondent’s alleged failure to drug test an employee whose performance could not be completely discounted as a contributing factor to the accident within 32 hours after the accident; and 49 C.F.R. § 199.225 (Item 3) ─ Respondent’s alleged failure to alcohol test an employee whose performance could not be completely discounted as a contributing factor to the accident within 8 hours after the accident. CPL presented information in its Response showing that it had taken certain actions to address the cited items. If OPS finds a violation of any of these items in a subsequent inspection, Respondent may be subject to future enforcement action. Under 49 C.F.R. § 190.215, Respondent has a right to submit a Petition for Reconsideration of this Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA will accept petitions received no later than 20 days after receipt of service of this Final Order by the Respondent, provided they contain a brief statement of the issue(s) and meet all other requirements of 49 C.F.R. § 190.215. Unless the Associate Administrator, upon request, grants a stay, the terms and conditions of this Final Order are effective upon service in accordance with 49 C.F.R. § 190.5. ___________________________________ __________________________ Jeffrey D. Wiese Date Issued Associate Administrator for Pipeline Safety#