{"operation":"document","citation":"CPF 520105019W","title":"EXXONMOBIL BILLINGS REFINERY — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-06-08","effective_on":null,"summary":"CLOSED warning letter citing 195.401(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105019w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105019w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105019w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520105019W","body":"Warning Letter involving EXXONMOBIL BILLINGS REFINERY. PHMSA's enforcement data identifies the cited regulation as 195.401(b). The case was opened on 2010-06-08 and is reported as closed as of 2010-06-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520105019W_warning letter_06082010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105019W/520105019W_warning%20letter_06082010.pdf\n\n520105019W_warning letter_06082010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105019W/520105019W_warning%20letter_06082010_text.pdf\n\n520105019W_warning letter_06082010_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 8, 2010\nMr. Ian Scoble\nDirector, Refining Americas\nExxonMobil Refining and Supply Company\n3225 Gallows Road, Room 6B2112\nFairfax, VA 22037\nCPF 5-2010-5019W\nDear Mr. Scoble:\nOn July 31, 2009, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nExxonMobil’s Breakout Tank TK-002 at the ExxonMobil Refinery in Billings, Montana.\nAs a result of the inspection, it appears that ExxonMobil has committed a probable\nviolation of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The\nitem inspected and the probable violation is:\n§ 195.401 General requirements.\n(b) Whenever an operator discovers any condition that could adversely affect\nthe safe operation of its pipeline system, it shall correct it within a reasonable\ntime. However, if the condition is of such a nature that it presents an\nimmediate hazard to persons or property, the operator may not operate the\naffected part of the system until it has corrected the unsafe condition.\nDuring the field inspection of Breakout Tank TK-002, it was noted that the water draw\nvalve near the tank mixer was not in good working condition, and it was leaking crude oil\n\n\n\nonto the ground. Upon discovery, ExxonMobil initiated actions to repair the leaking valve\nand my staff was later notified that the valve had been successfully repaired. ExxonMobil\nshould take the necessary steps to ensure that all equipment associated with your Breakout\nTank TK-002 is repaired as soon as possible when it discovers that it is not functioning\nproperly.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of\n$1,000,000 for any related series of violation. We have reviewed the circumstances and\nsupporting 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\ncorrect the item identified in this letter. Failure to do so will result in ExxonMobil being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please\nrefer to CPF 5-2010-5019W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C.\n552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 M. Petronis (#123996)","truncated":false,"body_characters":3697}