{"operation":"document","citation":"CPF 42021032WL","title":"BREITBURN ENERGY CO2 — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-03-11","effective_on":null,"summary":"CLOSED warning letter citing 195.61(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021032wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021032wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021032wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42021032WL","body":"Warning Letter involving BREITBURN ENERGY CO2. PHMSA's enforcement data identifies the cited regulation as 195.61(b). The case was opened on 2021-03-11 and is reported as closed as of 2021-03-11. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42021032WL_Warning Letter_03112021_(21-203103).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021032WL/42021032WL_Warning%20Letter_03112021_(21-203103).pdf\n\n42021032WL_Warning Letter_03112021_(21-203103)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021032WL/42021032WL_Warning%20Letter_03112021_(21-203103)_text.pdf\n\n42021032WL_Warning Letter_03112021_(21-203103)_text.pdf\n\nWARNING LETTER\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nMarch 11, 2021\nTravis Melster\nSenior Executive\nBreitburn Energy CO2\n1111 Bagby Street, Suite 1600\nHouston, Texas 77002\nCPF 4-2021-032-WL\nDear Mr. Melster:\nOn December 10, 2020, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nBreitburn Energy CO2’s (Breitburn) compliance with the National Pipeline Mapping System\n(NPMS) submittal requirement for the calendar year of 2019.\nAs a result of the inspection, it is alleged that Breitburn has 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. § 195.61 - National Pipeline Mapping System.\n(a) …\n(b) This information must be submitted each year, on or before June 15, representing\nassets as of December 31 of the previous year. If no changes have occurred since the\nprevious year’s submission, the operator must refer to the information provided in\nthe NPMS Operator Standards manual available at www.npms.phmsa.dot.gov or\ncontact the PHMSA Geographic Information Systems Manager at (202) 366-4595.\nBreitburn failed to submit the information required in paragraph (a) of § 195.61, on or before\nJune 15, representing its assets as of December 31 of the previous year. Specifically, Breitburn\nfailed to submit to PHMSA: 1) Geospatial data, attributes, metadata, and transmittal letter\nappropriate for use in the National Pipeline Mapping System; 2) the name of and address for\nthe operator; and 3) the name and contact information of a pipeline company employee to be\ndisplayed on a public website, who will serve as a contact for questions from the general public\nabout the operator's NPMS data for its assets as of December 31, 2019, by the due date of June\n15, 2020.\n\n\n\n2\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a related\nseries of violations. For violation occurring on or after July 31, 2019 and before January 11, 2021,\nthe maximum penalty may not exceed $218,647 per violation per day the violation persists, up to\na maximum of $2,186,465 for a related series of violations. For violation occurring on or after\nNovember 27, 2018 and before July 31, 2019, the maximum penalty may not exceed $213,268 per\nviolation per day, with a maximum penalty not to exceed $2,132,679. For violation occurring on\nor after November 2, 2015 and before November 27, 2018, the maximum penalty may not exceed\n$209,002 per violation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to complete an accurate and acceptable calendar year 2020 NPMS submittal\nfor all hazardous liquid pipelines in your calendar year 2020 Annual Report on or before June 15,\n2021. Failure to do so may result in Breitburn Energy CO2 being subject to additional enforcement\naction.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2021-032-WL. 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\ncc: Caleb Cooley, Breitburn Energy, caleb.cooley@breitburn.com","truncated":false,"body_characters":4762}