{"operation":"document","citation":"CPF 420155020W","title":"PHILLIPS 66 PIPELINE LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-10-14","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a), 195.402(c)(3), 195.446(b)(2), 195.446(b)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420155020w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420155020w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420155020w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420155020W","body":"Warning Letter involving PHILLIPS 66 PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(c)(3),  195.446(b)(2),  195.446(b)(4). The case was opened on 2015-10-14 and is reported as closed as of 2015-10-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420155020W_Warning_10142015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420155020W/420155020W_Warning_10142015.pdf\n\n420155020W_Warning_10142015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420155020W/420155020W_Warning_10142015_text.pdf\n\n420155020W_Warning_10142015_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 14, 2015\nMr. Todd Denton\nPresident\nPhillips 66 Pipeline, LLC\n3010 Briarpark Drive\nHouston, Texas 77042\nCPF 4-2015-5020W\nDear Mr. Denton:\nOn March 10, 2014, Phillips 66 Pipeline, LLC experienced an unintended release of crude oil at the\nBuxton Facility in Cushing, OK. As a result, the event was reported to the National Response Center\n(NRC) Report No. 1076239 with an estimated crude oil release of 600 barrels. A representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA) pursuant Chapter 601 of 49 United\nStates Code investigated the incident.\nAs a result of the investigation, it appears that you have committed Probable Violations of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable\nviolations are:\n1. §195.446 Control room management.\n(b) Roles and Responsibilities. Each operator must define the roles and responsibilities of a\ncontroller during normal, abnormal, and emergency operating conditions. To provide for a\ncontroller’s prompt and appropriate response to operating conditions, an operator must\ndefine each of the following:\n(4) A method of recording controller shift-changes and any hand-over of\nresponsibility between controllers.\n\n\n\nPhillips 66 failed to follow procedures established in the P66PL General Operations Procedures (GEN-\n0009)-Shift Turnover Procedures that require that controllers cover each pipeline system, station by\nstation, discussing all maintenance and operational issues, and covering all topics and document on the\nShift Turnover and Console Checkout Form.\nThe P66 BCC Day Controller1 noted the decrease in the tank level for Tank 1501 and called the Field\nDay Operator to confirm and investigate this decrease. The BCC Day Controller1 did not document the\ndecrease on the Shift Turnover and Console Checkout form that was turned over to the BCC Night\nController. The BCC Night Controller was not aware of the decrease in the tank level for Tank 1501.\n2. §195.446 Control Room Management.\n(b) Roles and Responsibilities. Each operator must define the roles and responsibilities of a\ncontroller during normal, abnormal, and emergency operating conditions. To provide for a\ncontroller’s prompt and appropriate response to operating conditions, an operator must\ndefine each of the following:\n(2) A controller’s role when an abnormal operating condition is detected, even\nif the controller is not the first to detect the condition, including the\ncontroller’s responsibility to take specific actions and to communicate with\nothers;\nPhillips 66 failed to follow procedures as outlined in P66PL-AOC-0006; Abnormal Operating\nConditions – Notification of Field Personnel. The P66 BCC Night Controller noted the decrease in the\ntank level for Tank 1501 on the Shift Turnover & Console Checkout Form that was turned over to the\nBCC Day Controller2 but did not notify the Field Night Operator to investigate or confirm the change in\nthe tank level as required by the procedure.\n3. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a manual of\nwritten procedures for conducting normal operations and maintenance activities and\nhandling abnormal operations and emergencies. This manual shall be reviewed at\nintervals not exceeding 15 months, but at least once each calendar year, and appropriate\nchanges made as necessary to insure that the manual is effective. This manual shall be\nprepared before initial operations of a pipeline system commence, and appropriate parts\nshall be kept at locations where operations and maintenance activities are conducted.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following to provide safety during maintenance\nand normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.2\n\n\n\nPhillips 66 failed to follow procedures established in P66PL-OPR-4001; Operator Rounds. This\nprocedure requires that routine inspections be conducted and documented at process facilities which\ncontain equipment to identify unsafe conditions, leaks, potential failure points, unauthorized access,\ntheft, out of range/improper operations, malfunctioning and failed equipment. Phillips 66 did not have a\nrecord to document the operator round by the Field Night Operator of the station the night before the\naccident.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.\nFor violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per\nviolation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations.\nWe have reviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time. We advise\nyou to correct the items identified in this letter. Failure to do so will result in Phillips 66 being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 4-\n2015-5020W. Be advised that all material you submit in response to this enforcement action is subject\nto being made publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":6776}