CHEVRON PIPE LINE CO — Notice of Probable Violation

party submissionOfficial PDF520075026_operator response to notice_06272007.pdf#

520075026_FinalOrder_06182009_text.pdf, page 1Official PDFJUN 18 2009 Ms. Rebecca B. Roberts President Chevron Pipe Line Company 4800 Fournace Place Bellaire, TX 77401 Re: CPF No. 5-2007-5026 Dear Ms. Roberts: Enclosed is the Final Order issued in the above-referenced case. It makes a finding of violation and assesses a civil penalty of $14,000. I acknowledge receipt of your wire transfer of $14,000 on June 27, 2007, and accept it as payment in full of the civil penalty. This case is now closed. Your receipt of the Final Order constitutes service of that document under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Jeffrey D. Wiese Associate Administrator for Pipeline Safety Enclosure cc: Chris Hoidal, Director, Western Region, PHMSA CERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 1160 0001 0046 9655]#

520075026_FinalOrder_06182009_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ______________________________ ) In the Matter of ) ) Chevron Pipe Line Company, ) CPF No. 5-2007-5026 ) Respondent. ) ______________________________) FINAL ORDER From June 5 to June 9, 2006, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous Safety Administration (PHMSA), Office of Pipeline Safety (OPS), performed an onsite inspection of the facilities and records of the Chevron Pipe Line Company (Chevron or Respondent). That inspection covered Chevron’s operations in the Boise, Idaho, administrative area (BIAA), a region from Murtaugh, Idaho, to North Powder, Oregon, which included three hazardous liquid pipelines and related facilities. As a result of that inspection, the Director, Western Region, OPS (Director), issued to Respondent, by letter dated May 25, 2007, a Notice of Probable Violation and Proposed Civil Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice alleged that Chevron had violated Part 195 of the pipeline safety regulations and proposed a civil penalty of $14,000 for that violation. After submitting a wire transfer in the amount of the proposed civil penalty ($14,000), Chevron responded to the Notice by letter dated July 27, 2007 (Response). In that Response, Chevron described the steps that it had taken to address the allegations of violation and expressed regret over the need for an enforcement action. FINDINGS OF VIOLATION Item 1 of the Notice alleged that Chevron had violated 49 C.F.R. 195.420 (b), which states, in relevant part: § 195.420 Valve Maintenance. . . . (b) Each operator shall, at intervals not exceeding 7½ months, but at least twice each calendar year, inspect each mainline valve to determine that it is functioning properly.#

520075026_FinalOrder_06182009_text.pdf, page 32 The Notice alleged that Chevron allowed more than 7 ½ months to elapse between its 2003 and 2004 inspections of 16 different mainline valves in the BIAA pipeline system. That allegation remains undisputed, and the evidence of record shows that Chevron’s inspections of those mainline valves occurred anywhere from 10 to 48 days late. Accordingly, I find that Chevron violated 49 C.F.R. § 195.420(b) by not inspecting all of the mainline valves on the BIAA pipeline system within the requisite 7 ½- month period. ASSESSMENT OF PENALTY This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. Having reviewed the record and considered the assessment criteria in 49 U.S.C. § 60122, I assess Respondent a civil penalty of $14,000, which amount has already been paid by Respondent. The terms and conditions of this Final Order shall be effective upon receipt. ___________________________________ __________________________ Jeffrey D. Wiese Date Issued Associate Administrator for Pipeline Safety#

520075026_Notice Letter_05252007.pdf, page 1Official PDFo U.S. Deportment of Tronsportqtion Pipelln€ oncl Hozsrdou3 tlsledols SoiefY Admlnl$rqtion 12300 w. Dakota Ave., Suite 110 Lakewood, CO 80228 Sr:t't-i' t{ : CoMl'L ir'\ NcE RF,ct.snr-:r I { ardcopy-- ijlcc tr:crticai l-v'}" e of Cofiie,":l" .i' L'at',: 2:AE- o1 NOTICE OF PROBABLE VIOLATION AND PROPOSED CIVIL PENALTY CERTIFIED MAIL . RETTJRN RECEIPT REqgESTEP May25,2007 Mr. M. G. Bowin Manager of E. & T. S. Chewon Pipe Line Co. 4800 Fournace Place Bellaire, TX 77401 cPF s-2007-s026 Dear Mr. Bowin: On June 5-9, 2006, a representative of the Pipeline and Hazardous Materials Safety Adrninistration (pHMSA), pursuant to Chapier 601 of 49 United States Code' inspected your Boise Areapipeline system from the Murtaugh, Idaho to Baker, Oregon. As a resglt of the inspection, it appears that Chewon Pipe Line Co. committed probable violations, as noted below, of tlri pipeline safety regulations, Title 49, Code of Federal Regulations (CFR), Part 195. The item inspected and the probable violation is: 1) $195.420 Valve maintenance. (a) Each operator shall maintain each valve that is necessary for the safe operation of its pipeline systems in good working order at all times' (b) Each operator shall, at intervals not exceedingT Lfz months, but at least twice each calendar year, inspect each mainline valve to determine that it is functioning properly.#

520075026_Notice Letter_05252007.pdf, page 2At the time of the inspection, the operator records indicated that sixteen mainline block valve inspections Ueile"n tate ZOOf early 2004 exceeded theT t/zmonths ma:<imum allowed time interval berween inspections' The 2003 and 2004 record for the sixteen late valve inspections follow: 2"" 2A03 1 * 2004 Valve Location Inspection lnspection Days Late Date Date Murtaugh Sta- ML Block Line 1 l0-3-03 6-14-04 28 Murtaugh Sta. ML Block Line 2 10-3-03 6-14-04 28 TwinFalls Sta ML Block Line I 10-1-03 6-14-04 30 Twin Falls Sta. ML Block Line 2 l0-1-03 6-14-04 30 Salmon Falls ML Block Line 1 l0-l-03 6-18-M 34 Salmon Falls ML Block Line 2 t0-l-03 6-18-04 34 IANG Sta. ML BlockLine 1 9-24-03 6-2-04 25 IANG Sta. ML Block Line 2 9-24-43 6-2-04 25 Eagle ML Block Line 3 ll-14-03 | 7-20-M 22 Fruitland ML Blockline 3 l0-24-03 7-20-04 43 Huntington Sta. ML Block Line 3 9-16-03 6-fl-44 48 Dixie ML Block tine 3 9-16-03 6-17-04 48 Oxman ML Block Line 3 l0-24-03 6-17-04 10 Glenn's Ferry (North) I t-14-03 7-2r-04 23 Line 2 Ontario-Snake River I l-14-03 7-24-04 22 (Souttr) Line 3 -Ontario-Snake River North) Line 3 I 1-14-03 7-20-M 22#

520075026_Notice Letter_05252007.pdf, page 3Proposed Civil Penalty Under 49 United States Code, Section 60122, you are subject to a civil penalty not to exceed for any related series of violations. The Compliance Officer has reviewed the circumstances $100,000 for each violation for each day the violation persists up to a maximum of $1,000,000 Recommended has you be pelinary ase ed cipal yosino a blows:. Item number PENALTY 1 $14,000 Response to this Notice Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. Be advised that all material you submit in response to this enforcement action is subject to being made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must provide a second copy of the document with the portions you believe qualify for confidential treatment redacted and an explanation of why you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue a Final In your correspondence on this matter, please refer to CPF 5-2007-5026 and for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, Chris Hoidar Pipeline and Hazardous Materials Safety Administration Director, Western Region Enclosure: Response Options for Pipeline Operators in Compliance Proceedings cc: PHP-60 Compliance Registry PHP-500 B. Brown (#116750) 3#