{"operation":"document","citation":"CPF 520115003","title":"EXXONMOBIL PIPELINE CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-02-23","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.254(b), 195.410(a)(1), 195.410(a)(2), 195.412(a), 195.581(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520115003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520115003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520115003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520115003","body":"Notice of Probable Violation involving EXXONMOBIL PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.254(b),  195.410(a)(1),  195.410(a)(2),  195.412(a),  195.581(a). The case was opened on 2011-02-23 and is reported as closed as of 2011-11-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520115003_Final Order_11022011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115003/520115003_Final%20Order_11022011.pdf\n\n520115003_Final Order_11022011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115003/520115003_Final%20Order_11022011_text.pdf\n\n520115003_NOPV PCO_02232011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115003/520115003_NOPV%20PCO_02232011.pdf\n\n520115003_NOPV PCO_02232011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115003/520115003_NOPV%20PCO_02232011_text.pdf\n\n520115003_operator response_03242011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115003/520115003_operator%20response_03242011.pdf\n\n520115003_Final Order_11022011_text.pdf\n\nNOV 2 2011\nMr. Gary W. Pruessing\nPresident\nExxonMobil Pipeline Company\n800 Bell Street, Room 741D\nHouston, TX 77002\nRe: CPF No. 5-2011-5003\nDear Mr. Pruessing:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and finds that ExxonMobil Pipeline Company has completed the actions specified in\nthe Notice to comply with the pipeline safety regulations. Therefore, this case is now closed.\nService of the Final Order by certified mail is effective upon the date of mailing as provided\nunder 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Alan Mayberry, Deputy Associate Administrator for Field Operations, Pipeline Safety\nMr. Chris Hoidal, Director, Western Region, PHMSA\nMr. Gary Hartmann, Manager, Safety, Health and Environment Department, EMPCo\nExxonMobil Pipeline Co., 800 Bell St., Room #6038, Houston, Texas 77002\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [71791000164202823906]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n___________________________________\nIn the Matter of )\nExxonMobil Pipeline Company, ) CPF No. 5-2011-5003\n)\n)\n)\nRespondent. )\n___________________________________ )\nFINAL ORDER\nOn July 27-30, 2009, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site safety inspection of the pipeline facilities operated by ExxonMobil Pipeline\nCompany (EMPCo or Respondent) in Montana. EMPCo, a subsidiary of Exxon Mobil\nCorporation, operates approximately 5,500 miles of pipeline transporting hazardous liquids,\nincluding crude oil, natural gas liquids, and refined petroleum products.1\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated February 23, 2011, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that EMPCo had committed certain violations of 49 C.F.R. Part 195 and proposed that\nRespondent take certain measures to correct the alleged violations.\nEMPCo responded to the Notice by letter dated March 24, 2011 (Response). In its Response, the\ncompany provided information concerning the corrective actions it had taken to remediate the\nalleged violations. Respondent did not request a hearing and therefore has waived its right to\none.\nFINDINGS OF VIOLATION\nThe Notice alleged that Respondent committed the following violations of 49 C.F.R. Part 195:\nItem 1: The Notice alleged that Respondent violated § 195.410(a)(1), which states:\n1 This information is reported by EMPCo in accordance with 49 C.F.R. § 195.49. On its website, the company\nstates that it transports hazardous liquids through 8,000 miles of operated pipeline.\nhttp://www.exxonmobilpipeline.com/USA-English/EMPCo/ourcompany.aspx (visited Oct. 20, 2011).\n\n\n\n2\n§ 195.410 Line markers.\n(a) Except as provided in paragraph (b) of this section, each operator\nshall place and maintain line markers over each buried pipeline in\naccordance with the following:\n(1) Markers must be located at each public road crossing, at each\nrailroad crossing, and in sufficient number along the remainder of each\nburied line so that its location is accurately known.\nThe Notice alleged that Respondent violated § 195.410(a)(1) by failing to place line markers in\nsufficient number along its buried pipeline so that the location is accurately known where the\nline passes through a housing development near Laurel, Montana.\nRespondent did not contest the allegation of violation and explained that the company has\nremarked the pipeline and installed additional line markers in the identified area. Based upon a\nreview of the evidence, I find that Respondent violated § 195.410(a)(1) as alleged.\nItem 2: The Notice alleged that Respondent violated § 195.410(a)(2), which states:\n§ 195.410 Line markers.\n(a) . . .\n(2) The marker must state at least the following on a background of\nsharply contrasting color . . .\n(ii) The name of the operator and a telephone number (including area\ncode) where the operator can be reached at all times.\nThe Notice alleged that Respondent violated § 195.410(a)(2) by failing to include on several\npipeline markers the operator’s current contact information, including current telephone number\nwhere the operator can be reached at all times. The line markers were located in the housing\ndevelopment near Laurel, Montana.\nRespondent explained that the markers in question were replaced following the PHMSA\ninspection and the new markers have the operator’s current contact information. Respondent\nalso explained that the old telephone number on the markers that were replaced was still an\nactive number. Based upon a review of the evidence, I find the markers in question did not\ndisplay the operator’s current contact information and therefore Respondent violated\n§ 195.410(a)(2) as alleged.\nItem 3: The Notice alleged that Respondent violated § 195.254(b), which states:\n§ 195.254 Above ground components.\n(a) Any component may be installed above ground in the following\nsituations, if the other applicable requirements of this part are complied\nwith:\n(1) Overhead crossings of highways, railroads, or a body of water.\n(2) Spans over ditches and gullies.\n(3) Scraper traps or block valves.\n(4) Areas under the direct control of the operator.\n\n\n\n3\n(5) In any area inaccessible to the public.\n(b) Each component covered by this section must be protected from\nthe forces exerted by the anticipated loads.\nThe Notice alleged that Respondent violated § 195.254(b) by failing to protect an aboveground\nspan over a ditch from the forces exerted by the anticipated loads. The pipeline at station\n2211+16 was partially submerged in flowing water and had debris piled against the pipe. In\naddition, a stump and tree roots appeared to be exerting forces on the pipeline.\nRespondent did not contest the allegation of violation and provided a statement that the company\nhas removed the vegetation and debris on the right-of-way, scheduled removal of the tree root,\nand is evaluating control measures to keep future debris from accumulating over the pipeline.\nBased upon a review of the evidence, I find that Respondent violated § 195.254(b) as alleged.\nItem 4: The Notice alleged that Respondent violated § 195.412(a), which states:\n§ 195.412 Inspection of rights-of-way and crossings under navigable\nwaters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least\n26 times each calendar year, inspect the surface conditions on or adjacent\nto each pipeline right-of-way. Methods of inspection include walking,\ndriving, flying or other appropriate means of traversing the right-of-way.\nThe Notice alleged that Respondent violated § 195.412(a) by failing to inspect the surface\nconditions on or adjacent to each pipeline right-of-way. Pipeline spans at certain stations and\nother areas of the right-of-way through the housing development were covered by vegetation or\nwere otherwise obstructed from view by aerial patrols. EMPCo personnel indicated they did not\nperform walking inspections of the pipeline at these locations.\nRespondent did not contest the allegation of violation and provided a statement that the company\nhas removed the vegetation and debris for aerial patrols at the span stations and has modified its\ninspection practices for the area in the housing development so that it will be inspected by foot\npatrol. Based upon a review of the evidence, I find that Respondent violated § 195.412(a) as\nalleged.\nItem 5: The Notice alleged that Respondent violated § 195.581(a):\n§ 195.581 Which pipelines must I protect against atmospheric\ncorrosion and what coating material may I use?\n(a) You must clean and coat each pipeline or portion of pipeline that is\nexposed to the atmosphere, except pipelines under paragraph (c) of this\nsection.\nThe Notice alleged that Respondent violated § 195.581(a) by failing to clean and coat a portion\nof pipeline exposed to the atmosphere located at a span over a canal east of Laurel, Montana.\n\n\n\n4\nRespondent did not contest the allegation of violation and provided a statement that the company\nhas cleaned, primed, and painted the identified span crossing. Based upon a review of the\nevidence, I find that Respondent violated § 195.581(a) as alleged.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to the violations cited above. Under 49\nU.S.C. § 60118(a), each person who engages in the transportation of hazardous liquids by\npipeline or who owns or operates a pipeline facility is required to comply with the applicable\nsafety standards established under chapter 601.\nThe Director has indicated that a representative of PHMSA, OPS, conducted a follow-up field\ninspection on May 10, 2011, to verify that Respondent has taken the following actions specified\nin the proposed compliance order:\n1. With respect to the violation of § 195.410(a)(1) (Item 1), Respondent has adequately\nmarked the pipeline.\n2. With respect to the violation of § 195.410(a)(2) (Item 2), Respondent has included\ncurrent contact information on the pipeline markers.\n3. With respect to the violation of § 195.254(b) (Item 3), Respondent has taken\nmeasures to ensure that excessive forces are not exerted on the pipeline.\n4. With respect to the violation of § 195.412(a) (Item 4), Respondent has taken\nmeasures to ensure adequate patrols of the pipeline right-of-way.\n5. With respect to the violation of § 195.581(a) (Item 5), Respondent has cleaned and\ncoated the pipeline span.\nAccordingly, I find that compliance has been achieved with respect to these violations.\nTherefore, the compliance terms proposed in the Notice are not included in this Order.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\n______________________________ ___________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":11405}