{"operation":"document","citation":"CPF 42024066WL","title":"WESTLAKE US 2 LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-12-13","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a), 195.403(a), 195.403(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024066wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024066wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024066wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42024066WL","body":"Warning Letter involving WESTLAKE US 2 LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.403(a),  195.403(b). The case was opened on 2024-12-13 and is reported as closed as of 2024-12-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42024066WL_Warning Letter_12132024_(24-296555).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024066WL/42024066WL_Warning%20Letter_12132024_(24-296555).pdf\n\n42024066WL_Warning Letter_12132024_(24-296555)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024066WL/42024066WL_Warning%20Letter_12132024_(24-296555)_text.pdf\n\n42024066WL_Warning Letter_12132024_(24-296555)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: jgilson@westlake.com\nDecember 13, 2024\nJean-Marc Gilson\nPresident & Chief Executive Officer\nWestlake Corporation\n2701 Post Oak Blvd., Suite 600\nHouston, Texas 77056\nCPF 4-2024-066-WL\nDear Mr. Gilson:\nFrom May 28, 2024 through May 30, 2024, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.) conducted an on-site inspection of Eagle US 2, LLC’s1\n(Eagle) ethylene pipeline system in Louisiana and Texas.\nAs a result of the inspection, it is alleged that Eagle has committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 195.402 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline system a manual of written procedures for conducting normal\noperations and maintenance activities and handling abnormal\noperations and emergencies. This manual shall be reviewed at intervals\nnot exceeding 15 months, but at least once each calendar year, and\nappropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a\npipeline system commence, and appropriate parts shall be kept at\nlocations where operations and maintenance activities are conducted.\n1 Eagle is a subsidiary of Westlake Corporation.\n\n\n\nEagle failed to review its written manual at intervals not exceeding 15 months, but at least once\neach calendar year, and make appropriate changes as necessary to insure that the manual is\neffective in accordance with § 195.402(a). Specifically, Eagle failed to conduct review of its\nEmergency Response manual, Ethylene Emergency Plan (Document 5801-0000-35004)\n(Revision Date: April 12, 2019) since calendar year 2019.\n2. § 195.403 Emergency response training.\n(a) Each operator shall establish and conduct a continuing training\nprogram to instruct emergency response personnel to:\n(1) . . . .\n(b) At the intervals not exceeding 15 months, but at least once each\ncalendar year, each operator shall:\n(1) Review with personnel their performance in meeting the\nobjectives of the emergency response training program set forth in\nparagraph (a) of this section; and\n(2) Make appropriate changes to the emergency response training\nprogram as necessary to ensure that it is effective.\nEagle failed to review with personnel their performance in meeting the objectives of the emergency\nresponse training program set forth paragraph (a) of § 195.403(a), and make appropriate changes\nto the emergency response training program as necessary to ensure that it effective at intervals not\nexceeding 15 months, but at least once each calendar year, in accordance with § 195.403(b)(1) and\n(2), respectively. Specifically, Eagle failed to provide records of emergency response training\nreviews and records of appropriate changes that ensure the program is effective.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a related\nseries of violations. For violation occurring on or after January 6, 2023 and before December 28,\n2023, the maximum penalty may not exceed $257,664 per violation per day the violation persists,\nup to a maximum of $2,576,627 for a related series of violations. For violation occurring on or\nafter March 21, 2022 and before January 6, 2023, the maximum penalty may not exceed $239,142\nper violation per day the violation persists, up to a maximum of $2,391,142 for a related series of\nviolations. For violation occurring on or after May 3, 2021 and before March 21, 2022, the\nmaximum penalty may not exceed $225,134 per violation per day the violation persists, up to a\nmaximum of $2,251,334 for a related series of violations. For violation occurring on or after\nJanuary 11, 2021 and before May 3, 2021, the maximum penalty may not exceed $222,504 per\nviolation per day the violation persists, up to a maximum of $2,225,034 for a related series of\nviolations. For violation occurring on or after July 31, 2019 and before January 11, 2021, the\nmaximum penalty may not exceed $218,647 per violation per day the violation persists, up to a\nmaximum 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.\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\n\n\n\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nEagle US 2, LLC, 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 4-2024-066-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,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Curtis Brescher, Director – Operations, Region 1, Eagle US 2, LLC,\ncbrescher@westlake.com\nBobby Welch, Senior Pipeline Inspector, Eagle US 2, LLC, Bwelch1@westlake.com","truncated":false,"body_characters":6704}