{"operation":"document","citation":"CPF 420195025W","title":"SHELL PIPELINE CO., L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-12-10","effective_on":null,"summary":"CLOSED warning letter citing 195.430(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195025w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195025w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195025w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420195025W","body":"Warning Letter involving SHELL PIPELINE CO., L.P.. PHMSA's enforcement data identifies the cited regulation as 195.430(a). The case was opened on 2019-12-10 and is reported as closed as of 2019-12-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420195025W_Warning Letter_12102019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195025W/420195025W_Warning%20Letter_12102019.pdf\n\n420195025W_Warning Letter_12102019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195025W/420195025W_Warning%20Letter_12102019_text.pdf\n\n420195025W_Warning Letter_12102019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 10, 2019\nGreg Smith\nPresident\nShell Pipeline Co., L.P.\n150 North Dairy Ashford, Woodcreek Bldg. A, 2nd Floor\nHouston, Texas 77079\nCPF 4-2019-5025W\nDear Mr. Smith:\nFrom February 4, 2019 to November 6, 2019, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) inspected your hazardous liquid pipeline systems in Texas, Louisiana, and the Gulf of\nMexico.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. §195.430 Firefighting equipment\nEach operator shall maintain adequate firefighting equipment at each pump station\nand breakout tank area. The equipment must be—\n(a) In proper operating condition at all times;\nShell failed to ensure that their firefighting equipment was in proper operating condition by failing\nto perform monthly visual inspection as require by 195.430 (a).\n\n\n\nDuring the field inspection PHMSA inspectors observed three fire extinguishers at the Colex East\ntank facility that had not been inspected in the months of July and August 2019.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related\nseries of violations. For violation occurring on or after November 27, 2018 and before July 31,\n2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum\npenalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before\nNovember 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a\nmaximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015,\nthe maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 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\nitem(s) identified in this letter. Failure to do so will result in Shell Pipeline Co., L.P. being subject\nto additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2019-5025W. 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 the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n2","truncated":false,"body_characters":3887}