{"operation":"document","citation":"CPF 420175006W","title":"EXXONMOBIL PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-02-27","effective_on":null,"summary":"CLOSED warning letter citing 195.52(b)(6), 195.52(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175006w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175006w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175006w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420175006W","body":"Warning Letter involving EXXONMOBIL PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.52(b)(6),  195.52(d). The case was opened on 2017-02-27 and is reported as closed as of 2017-02-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420175006W_Warning Letter_02272017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175006W/420175006W_Warning%20Letter_02272017.pdf\n\n420175006W_Warning Letter_02272017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175006W/420175006W_Warning%20Letter_02272017_text.pdf\n\n420175006W_Warning Letter_02272017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 27, 2017\nExxonMobil Pipeline Company\nMr. Geoffery Craft\nVice President, Operations\n800 Bell Street, Rm 3180H\nHouston, Texas 77002\nCPF 4-2017-5006W\nDear Mr. Craft:\nOn December 1 through December 14, 2016, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code conducted an investigation of the accident that occurred on the 18”\nTexoma to Finney Crude line in Longview, Texas on December 1, 2016.\nAs a result of the investigation, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violations are:\n1. §195.52 Immediate notice of certain accidents.\n(b) Information required. Each notice required by paragraph (a) of this section must be\nmade to the National Response Center either by telephone to 800-424-8802 (in\nWashington, DC, 202-267-2675) or electronically at http://www.nrc.uscg.mil and must\ninclude the following information:\n\n\n\n(6) Initial estimate of amount of product released in accordance with paragraph\n(c) of this section.\nExxonMobil Pipeline Company (EMPCo) failed to provide an initial estimate of the\namount of product (crude oil) released as required when making a telephonic notification\nof an accident. On December 1, 2016 at 12:17pm (CST), EMPCo reported a release on\ntheir 18” Texoma to Finney Crude line near Longview, Texas to the National Response\nCenter. At the time of the initial notification, EMPCo reported “0” as the amount of\nproduct released.\nExxon has written criteria for calculating initial release volume based on thier DOT Liquid\nManual: Part 195 O&M Manual, Procedures: for §195.50 and §195.52, §195.52 Immediate\nnotice of certain accidents, (c) Calculation, Section 7, pg. 56-58, but did not use them to\ndetermine initial spill volume for this event.\n2. §195.52 Immediate notice of certain accidents.\n(d) New information. An operator must provide an additional telephonic report to the\nNRC if significant new information becomes available during the emergency response\nphase of a reported event at the earliest practicable moment after such additional\ninformation becomes known.\nEMPCo did not contact the NRC to update an estimate of the amount of product (crude\noil) released at the earliest practicable moment after additional information regarding the\nspill volume became known. EMPCo contacted PHMSA on December 4, 2016, at 2:59\np.m. to update the spill volume to 500 barrels, however, the notification to the NRC was not\nmade until the following day (December 5, 2016) at 2:45 p.m.\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 circumstances\nand supporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitems identified in this letter. Failure to do so will result in ExxonMobil 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 4-2017-5006W. 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\n2\n\n\n\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\n3","truncated":false,"body_characters":5123}