{"operation":"document","citation":"CPF 420145020","title":"EXXONMOBIL PIPELINE CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-09-09","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.446(h)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145020.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145020.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145020","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420145020","body":"Notice of Probable Violation involving EXXONMOBIL PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 195.446(h)(2). The case was opened on 2014-09-09 and is reported as closed as of 2016-04-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420145020_Final Order_04272016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145020/420145020_Final%20Order_04272016.pdf\n\n420145020_Final Order_04272016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145020/420145020_Final%20Order_04272016_text.pdf\n\n420145020_NOPV PCO_09092014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145020/420145020_NOPV%20PCO_09092014.pdf\n\n420145020_NOPV PCO_09092014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145020/420145020_NOPV%20PCO_09092014_text.pdf\n\n420145020_Operator Response to Notice_10172014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145020/420145020_Operator%20Response%20to%20Notice_10172014.pdf\n\n420145020_Final Order_04272016_text.pdf\n\nApril 27, 2016\nMr. Gerald S. Frey\nPresident\nExxonMobil Pipeline Company\nP.O. Box 2220\nHouston, Texas 77252-2220\nRe: CPF No. 4-2014-5020\nDear Mr. Frey:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and finds that ExxonMobil Pipeline Company (EMPCo) has completed the actions\nspecified in the Notice to comply with the pipeline safety regulations. Therefore, this case is\nnow closed. Service of the Final Order by certified mail is deemed effective upon the date of\nmailing, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. R.M. Seeley, Director, Southwest Region, OPS\nMs. Karen Tyrone, Vice President and Operations Manager, EMPCo, 800 Bell Street,\nRoom #691H, Houston Texas 77002\nMr. Jim B. Rose, Manager, Safety Health and Environment, EMPCo, 800 Bell Street,\nRoom #603B, Houston, Texas 77002\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of )\nExxonMobil Pipeline Co., ) CPF No. 4-2014-5020\na subsidiary of ExxonMobil, )\nRespondent. )\n)\n)\n)\n)\nFINAL ORDER\nOn May 5-8, 2014, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an on-\nsite pipeline safety inspection of the procedures and records of ExxonMobil Pipeline Co.\n(EMPCo or Respondent) for the Pasadena Station Control Management Program in Pasadena,\nTexas. EMPCo transports over 2.7 million barrels per day of crude oil, refined products,\nliquefied petroleum gases, natural gas liquids and chemical feedstocks through 8,000 miles of\noperated pipeline.1\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated September 9, 2014, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that EMPCo had violated 49 C.F.R. § 195.446(h)(2) and proposed ordering Respondent\nto take certain measures to correct the alleged violation.\nEMPCo responded to the Notice by letter dated October 17, 2014 (Response). The company did\nnot admit or deny the allegations of violation. It also did not request a hearing and, therefore,\nhas waived its right to one.\n1 ExxonMobil Pipeline Co. website, available at http://www.exxonmobilpipeline.com/USA-\nEnglish/EMPCo/default.aspx (last accessed March 8, 2016).\n\n\n\nCPF No. 4-2014-5020\n2\nFINDING OF VIOLATION\nThe Notice alleged that Respondent violated 49 C.F.R. Part 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.446(h)(2), which states:\n§ 195.446 Control room management.\n(a) (h) Training. Each operator must establish a controller training\nprogram and review the training program content to identify\npotential improvements at least once each calendar year, but at\nintervals not to exceed 15 months. An operator’s program must\nprovide for training each controller to carry out the roles and\nresponsibilities defined by the operator. In addition, the training\nprogram must include the following elements:\n(1) . . . .\n(2) Use of a computerized simulator or non-computerized (tabletop)\nmethod for training controllers to recognize abnormal operating\nconditions….\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.446(h)(2) by failing to establish a\ncontroller training program that includes the use of a computerized simulator or tabletop method\nfor training controllers to recognize abnormal operating conditions. Specifically, the Notice\nalleged that EMPCo failed to conduct simulator or tabletop exercises when it trained Pasadena\nStation Operator controllers on how to recognize and respond to abnormal operating conditions.\nDuring the inspection, PHMSA found no records of a simulator or tabletop exercise being\nprovided to controllers at the Pasadena Station facility for training, and EMPCo representatives\nhad no recollection of such during their trainings.2\nIn its Response, EMPCo did not admit or deny the allegations of violation. It stated that the\nPasadena Station Operators receive training on how to recognize and respond to abnormal\noperating conditions during their initial on-the-job training and during supervisor reviews.3\nHowever, EMPCo acknowledged that the training was not structured to include a simulator or\nformal tabletop.4 EMPCo agreed to train its Pasadena Station Operators, and relief operators, on\na simulator by December 16, 2014.5\nAccordingly, after considering all of the evidence, I find that Respondent violated 49 C.F.R.\n§ 195.446(h)(2) by failing to establish a controller training program that includes the use of a\ncomputerized simulator or tabletop method for training controllers to recognize abnormal\noperating conditions. This finding of violation will be considered a prior offense in any\nsubsequent enforcement action taken against Respondent.\n2 Notice of Probable Violation and Proposed Compliance Order, at 2.\n3 Response, at 2.\n4 Id.\n5 Id.\n\n\n\nCPF No. 4-2014-5020\n3\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violation of\n49 C.F.R. § 195.446(h)(2). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601. The Director has\nindicated that Respondent has taken the following actions specified in the proposed Compliance\nOrder:\n1. With respect to the violation of 49 C.F.R. § 195.446(h)(2) (Item 1), EMPCo has\nagreed to train its Pasadena Station Operators on a simulator located at EMPCo’s\nOperations Control Center by December 16, 2014. A copy of the program and\ndocumentation on that training was completed for the Pasadena Station Operator\ncontrollers and submitted to the PHMSA Southwest Region.\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order. The terms and\nconditions of this Final Order are effective upon service in accordance with 49 C.F.R. § 190.5.\n_________________________________ _________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":7611}