{"operation":"document","citation":"CPF 420175005W","title":"OCCIDENTAL CHEMICAL CORP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-02-09","effective_on":null,"summary":"CLOSED warning letter citing 195.64(c)(2)(iii).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175005w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175005w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175005w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420175005W","body":"Warning Letter involving OCCIDENTAL CHEMICAL CORP. PHMSA's enforcement data identifies the cited regulation as 195.64(c)(2)(iii). The case was opened on 2017-02-09 and is reported as closed as of 2017-02-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420175005W_Warning Letter_02092017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175005W/420175005W_Warning%20Letter_02092017.pdf\n\n420175005W_Warning Letter_02092017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175005W/420175005W_Warning%20Letter_02092017_text.pdf\n\n420175005W_Warning Letter_02092017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 9, 2017\nCathleen Yeager\nSenior Executive – Hazardous Materials\nOccidental Chemical Corp.\n5005 LBJ Freeway Suite 1350\nDallas, Texas 75244\nCPF 4-2017-5005W\nDear Ms. Yeager:\nIn December 2016, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code reviewed the\nnotification reports filed electronically by Occidental Chemical Corporation (Occidental). As a\nresult of this review, it appears that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. The item reviewed and the probable\nviolation is:\n1. §195.64 National Registry of Pipeline and LNG Operators.\n(c) Changes. Each operator must notify PHMSA electronically through the\nNational Registry of Pipeline and LNG Operators at http://opsweb.phmsa.dot.gov,\nof certain events.\n(2) An operator must notify PHMSA of any following event not later than 60\ndays after the event occurs:\n(iii) A change in the entity (e.g., company, municipality) responsible\nfor operating an existing pipeline, pipeline segment, or pipeline\nfacility;\n\n\n\nOccidental failed to file notification of divestiture for 32.87 miles of hazardous liquids pipeline\nno later than 60 days following the divestiture. Occidental submitted an Operator Registry\nNotification Type B for 32.87 miles of Onshore, Interstate pipeline, located in Calcasieu County,\nLA and Orange County, TX. According to the information submitted, the divestiture was\ncompleted on September 23, 2015, and the notification was not received until May 2, 2016 (219\ndays). This notification was required by November 23, 2015.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $205,638\nper violation per day the violation persists up to a maximum of $2,056,380 for a related series of\nviolations. For violation occurring between January 4, 2012 to August 1, 2016, the maximum\npenalty may not exceed $200,000 per violation per day, with a maximum penalty not to exceed\n$2,000,000 for a related series of violations. For violations occurring prior to January 4, 2012,\nthe maximum penalty may not exceed $100,000 per violation per day, with a maximum penalty\nnot to exceed $1,000,000 for a related series of violations. We have reviewed the\ncircumstances and supporting documents involved in this case, and have decided not to conduct\nadditional enforcement action or penalty assessment proceedings at this time. We advise you to\ncorrect the item identified in this letter. Failure to do so will result in Occidental being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2017-5005W. 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 portion 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\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,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n2","truncated":false,"body_characters":4106}