{"operation":"document","citation":"CPF 42021036WL","title":"SHELL PIPELINE CO., L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-03-25","effective_on":null,"summary":"CLOSED warning letter citing 195.52(a)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021036wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021036wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021036wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42021036WL","body":"Warning Letter involving SHELL PIPELINE CO., L.P.. PHMSA's enforcement data identifies the cited regulation as 195.52(a)(3). The case was opened on 2021-03-25 and is reported as closed as of 2021-03-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42021036WL_Warning Letter_03252021_(20-198422).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021036WL/42021036WL_Warning%20Letter_03252021_(20-198422).pdf\n\n42021036WL_Warning Letter_03252021_(20-198422)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021036WL/42021036WL_Warning%20Letter_03252021_(20-198422)_text.pdf\n\n42021036WL_Warning Letter_03252021_(20-198422)_text.pdf\n\nWARNING LETTER\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nMarch 25, 2021\nGreg Smith\nPresident\nShell Pipeline Company, L.P.\n777 Walker Street, Two Shell Plaza\nHouston, Texas 77002\nCPF 4-2021-036-WL\nDear Mr. Smith:\nBetween December 23, 2020 and March 1, 2021, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) conducted an investigation of a release on Shell Pipeline Company, L.P.’s (Shell) TLDA\nPipeline that occurred on December 21, 2020, in Calcasieu, Louisiana. Representatives reviewed\nthe written PHMSA F 7000.1 accident report filed by Shell and interviewed a Shell employee as\npart of the investigation.\nAs a result of the investigation, it is alleged that Shell 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. § 195.52 Immediate notice of certain accidents.\n(a) Notice requirements. At the earliest practicable moment following discovery,\nof a release of the hazardous liquid or carbon dioxide transported resulting in an\nevent described in §195.50, but no later than one hour after confirmed discovery,\nthe operator of the system must give notice, in accordance with paragraph (b) of\nthis section of any failure that:\n(3) Caused estimated property damage, including cost of cleanup and recovery,\nvalue of lost product, and damage to the property of the operator or others, or\nboth, exceeding $50,000;\n\n\n\nShell failed to notify the National Response Center (NRC) at the earliest practicable moment\nfollowing discovery, but no later than one hour after confirmed discovery, following a release\nof hazardous liquid resulting in an event described in § 195.50 that occurred on December 21,\n2020, in Calcasieu, Louisiana.\nDuring the investigation, PHMSA reviewed Form PHMSA F 7000-1 (No. 20210006-34691)\nand interviewed the Shell employee that filed the report. In the report, Shell identified the\naccident on TLDA Pipeline (TL-PS07 segment) at 15:22 CST on December 21, 2020, and\nnotified the National Response Center at 18:40 CST on December 22, 2020. The accident met\nthe criteria of a reportable event as defined in § 195.50(e) because estimated property damage\nexceeded $50,000. The notification was made approximately 27 hours after the discovery.\nDuring the interview, Shell personnel admitted that the miscalculation of the operator’s\nproperty damage resulted in failure to comply with § 195.52(a)(3).\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 for a related\nseries of violations. We have reviewed the circumstances and supporting documents involved in\nthis case, and have decided not to conduct additional enforcement action or penalty assessment\nproceedings at this time. We advise you to correct the item identified in this letter. Failure to do\nso will result in Shell Pipeline Company, L.P. being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2021-036-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\n2","truncated":false,"body_characters":5258}