{"operation":"document","citation":"CPF 520105020M","title":"EXXONMOBIL BILLINGS REFINERY — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-06-08","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3), 195.432(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105020m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105020m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105020m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520105020M","body":"Notice of Amendment involving EXXONMOBIL BILLINGS REFINERY. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.432(b). The case was opened on 2010-06-08 and is reported as closed as of 2011-01-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520105020M_closure letter_01062011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105020M/520105020M_closure%20letter_01062011.pdf\n\n520105020M_closure letter_01062011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105020M/520105020M_closure%20letter_01062011_text.pdf\n\n520105020M_notice of amendment_06082010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105020M/520105020M_notice%20of%20amendment_06082010.pdf\n\n520105020M_notice of amendment_06082010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105020M/520105020M_notice%20of%20amendment_06082010_text.pdf\n\n520105020M_operator response_07092010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105020M/520105020M_operator%20response_07092010.pdf\n\n520105020M_notice of amendment_06082010_text.pdf\n\nNOTICE OF AMENDMENT\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 5-2010-5020M\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 procedures for operations and maintenance of Breakout Tank TK-002 in the\nExxonMobil Refinery in Billings, Montana.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found\nwithin ExxonMobil’s procedures, as described below:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following to provide safety\nduring maintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance\nwith each of the requirements of this subpart [subpart F] and subpart H of this\npart.\n\n\n\nExxonMobil’s O&M Procedure Manual for Breakout Tank TK-002 did not include all the\nprovisions that are required to be performed on the breakout tank as specified by subpart F,\nsection 195.432(b) of the pipeline safety code, i.e. the inspection frequency tables.\nExxonMobil’s procedures are inadequate because ExxonMobil did not accurately describe\neach of the tasks that are required to be performed in association with the operations and\nmaintenance of Breakout Tank TK-002 as described in section 195.432(b).\n2. § 195.432 Inspection of in-service breakout tanks.\n(b) Each operator shall inspect the physical integrity of in-service atmospheric\nand low-pressure steel aboveground breakout tanks according to section 4 of\nAPI Standard 653. However, if structural conditions prevent access to the tank\nbottom, the bottom integrity may be assessed according to a plan included in\nthe operations and maintenance manual under §195.402(c)(3).\nExxonMobil’s monthly breakout tank inspection form did not include a section to address\nall the items on the tank that must be inspected each month to ensure it is operated and\nmaintained properly, i.e. Section 6 (formerly Section 4) of API 653 for the monthly tank\ninspection guidance. ExxonMobil’s record-keeping procedures pertaining to section\n195.432(b) are inadequate because they will not clearly record the condition of each of the\nelements of the tank that are required to be inspected during the monthly inspection of\nBreakout Tank TK-002.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237.\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline\nOperators in Compliance Proceedings. Please refer to this document and note the response\noptions. Be advised that all material you submit in response to this enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive\nmaterial qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete\noriginal document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If you\ndo not respond within 30 days of receipt of this Notice, this constitutes a waiver of your\nright to contest the allegations in this Notice and authorizes the Associate Administrator for\nPipeline Safety to find facts as alleged in this Notice without further notice to you and to\nissue a Final Order.\n\n\n\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged\nin this Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 30 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIn correspondence concerning this matter, please refer to CPF 5-2010-5020M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 M. Petronis (#123996)\n\n520105020M_closure letter_01062011_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 6, 2011\nMr. John R. Wetmore\nRefinery Manager\nExxonMobil Refining and Supply Company\n700 ExxonMobil Road\nPO Box 1163\nBillings, MT 59103-1163\nCPF 5-2010-5020M\nDear Mr. Wetmore:\nOn July 31, 2009, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, conducted an on-\nsite inspection of procedures related to the operation and maintenance of ExxonMobil’s\nBreakout Tank TK-002 in Billings, Montana. As a result of the inspection, ExxonMobil was\nissued a Notice of Amendment (NOA) on June 8, 2010, which proposed amendment of your\nprocedures.\nWe received your amended procedures on July 12, 2010. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have\nbeen corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry","truncated":false,"body_characters":7009}