{"operation":"document","citation":"CPF 520115014","title":"PHILLIPS 66 PIPELINE LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-04-06","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(c)(12), 195.404(b)(1), 195.404(c)(2), 195.428(a), 195.440(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520115014.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520115014.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520115014","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520115014","body":"Notice of Probable Violation involving PHILLIPS 66 PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(12),  195.404(b)(1),  195.404(c)(2),  195.428(a),  195.440(a). The case was opened on 2011-04-06 and is reported as closed as of 2012-03-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520115014_closure letter_03012012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115014/520115014_closure%20letter_03012012.pdf\n\n520115014_closure letter_03012012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115014/520115014_closure%20letter_03012012_text.pdf\n\n520115014_Final Order_12192011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115014/520115014_Final%20Order_12192011.pdf\n\n520115014_Final Order_12192011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115014/520115014_Final%20Order_12192011_text.pdf\n\n520115014_NOPV PCO_04062011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115014/520115014_NOPV%20PCO_04062011.pdf\n\n520115014_NOPV PCO_04062011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115014/520115014_NOPV%20PCO_04062011_text.pdf\n\n520115014_Operator Response_01092012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115014/520115014_Operator%20Response_01092012.pdf\n\n520115014_Final Order_12192011_text.pdf\n\nDEC 19 2011\nMr. Terry D. Roby\nPresident\nConocoPhillips Pipe Line Company\nTA-02-2032\n600 North Dairy Ashford Road\nHouston, TX 77079\nRe: CPF No. 5-2011-5014\nDear Mr. Roby:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and specifies actions that need to be taken by ConocoPhillips Pipe Line Company to\ncomply with the pipeline safety regulations. When the terms of the compliance order have been\ncompleted, as determined by the Director, Western Region, this enforcement action will be\nclosed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,\nor as otherwise provided under 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. Chris Hoidal, Director, Western Region, PHMSA\nMr. Alan Mayberry, Deputy Associate Administrator for Field Operations, Pipeline Safety,\nPHMSA\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED [71791000164202981880]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nConocoPhillips Pipe Line Company, ) CPF No. 5-2011-5014\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn October 4-8, 2010, 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 pipeline safety inspection of the Glacier pipeline facilities and records of\nConocoPhillips Pipe Line Company (CPPL or Respondent) from the pump station in Judith Gap,\nMontana, to Billings, Montana. The Glacier pipeline runs from the Canadian border north of\nBrowning, Montana, to the CPPL refinery in Billings. The pipeline system is 758 miles long and\ncrosses the Marias, Missouri, Judith, and Musselshell rivers.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated April 6, 2011, a Notice of Probable Violation and Proposed\nCompliance Order (Notice), which also included a warning item pursuant to 49 C.F.R.\n§ 190.205. In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that CPPL had\ncommitted various violations of 49 C.F.R. Part 195 and proposed ordering Respondent to take\ncertain measures to correct the alleged violations. The warning item required no further action,\nbut warned the operator to correct the probable violation.\nCPPL responded to the Notice by email dated May 6, 2011 (Response). The company did not\ncontest the allegations of violation and stated that it would take corrective actions to respond to\nthe allegations. Respondent did not request a hearing and therefore has waived its right to one.\nFINDINGS OF VIOLATION\nIn its Response, CPPL did not contest the allegations in the Notice that it violated 49 C.F.R. Part\n195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402(c)(12), which states:\n\n\n\n2\n§ 195.402 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations\nand maintenance activities and handling abnormal operations and\nemergencies….\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following to\nprovide safety during maintenance and normal operations:\n(1) ….\n(12) Establishing and maintaining liaison with fire, police, and other\nappropriate public officials to learn the responsibility and resources of\neach government organization that may respond to a hazardous liquid or\ncarbon dioxide pipeline emergency and acquaint the officials with the\noperator's ability in responding to a hazardous liquid or carbon dioxide\npipeline emergency and means of communication.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.402(c)(12) by failing to establish\nand maintain liaison with the appropriate fire officials in Roundup, Montana. Specifically, the\nNotice alleged that CPPL’s sole liaison activity with Roundup firefighting organizations had\nbeen through the Montana Liquid and Gas Pipeline Association’s emergency responder annual\nmeetings, but that no representatives from Roundup attended the 2010 meeting. The Notice\nobserved that firefighters from Roundup would likely be the first responders to an emergency at\nCPPL’s pump station and tank farm. Respondent did not contest this allegation of violation.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated\n49 C.F.R. § 195.402(c)(12) by failing to establish and maintain liaison with the appropriate fire\nofficials in Roundup, Montana.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.428(a), which states:\n§ 195.428 Overpressure safety devices and overfill protection\nsystems.\n(a) Except as provided in paragraph (b) of this section, each operator\nshall, at intervals not exceeding 15 months, but at least once each calendar\nyear, or in the case of pipelines used to carry highly volatile liquids, at\nintervals not to exceed 7 ½ months, but at least twice each calendar year,\ninspect and test each pressure limiting device, relief valve, pressure\nregulator, or other item of pressure control equipment to determine that it\nis functioning properly, is in good mechanical condition, and is adequate\nfrom the standpoint of capacity and reliability of operation for the service\nin which it is used.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.428(a) by failing to properly\ninspect and test each of its relief valves. Specifically, the Notice alleged that CPPL failed to\nverify that the buckling pins associated with the 300 psig relief valve at the Billings station and\nthe 800 psig relief valve at the Roundup station were compatible and of the correct pressure\nratings for the relief valves in which they were installed. In order to ensure that overpressure\n\n\n\n3\nsafety devices are adequate for the capacity and reliability of operation for the service in which it\nis used, the buckling pins installed on them must be compatible and of the correct pressure\nrating. Respondent did not contest this allegation of violation. Accordingly, based upon a\nreview of all of the evidence, I find that Respondent violated 49 C.F.R. § 195.428(a) by failing to\nproperly inspect and test each of its relief valves.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.404(b), which states in\nrelevant part:\n§ 195.404 Maps and records.\n(a) ….\n(b) Each operator shall maintain for at least 3 years daily operating\nrecords that indicate –\n(1) The discharge pressure at each pump station....\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.404(b) by failing to record daily\ndischarge pressures at its CPPL-ExxonMobil transfer pump station in Billings, Montana.\nSpecifically, the Notice alleged that CPPL did not have a device to record the discharge pressure\nat the pump station and instead it recorded the pressure 3.65 miles away from the discharge\npoint. Respondent did not contest this allegation of violation. Accordingly, based upon a review\nof all of the evidence, I find that Respondent violated 49 C.F.R. § 195.404(b)(1) by failing to\nrecord daily discharge pressures at its CPPL-ExxonMobil transfer pump station.\nItem 5: The Notice alleged that Respondent violated 49 C.F.R. § 195.440(a), which states:\n§ 195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written\ncontinuing public education program that follows the guidance provided in\nthe American Petroleum Institute’s (API) Recommended Practice (RP)\n1162 (incorporated by reference, see § 195.3).\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.440(a) by failing to properly\nimplement a written continuing public education program. Specifically, the Notice alleged that\nCPPL did not inform emergency officials of the locations of the pipelines and terminals within\ntheir areas of jurisdiction, and did not provide them with the location of each facility’s associated\nemergency response plan, as required by CPPL’s Public Awareness Program MPR-2302A.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.440(a) by failing to properly\nimplement a written continuing public education program.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1, 2, 3, and 5 in the Notice for\nviolations of 49 C.F.R. §§ 195.402(c)(12), 195.428(a), 195.404(b), and 195.440(a), respectively.\nUnder 49 U.S.C. § 60118(a), each person who engages in the transportation of hazardous liquids\nor who owns or operates a pipeline facility is required to comply with the applicable safety\n\n\n\n4\nstandards established under chapter 601. Pursuant to the authority of 49 U.S.C. § 60118(b) and\n49 C.F.R. § 190.217, Respondent is ordered to take the following actions to ensure compliance\nwith the pipeline safety regulations applicable to its operations:\n1. With respect to the violation of § 195.402(c)(12) (Item 1), Respondent must\narrange, conduct, and document a meeting with the local firefighters in Roundup,\nMontana, who would be the first responders to a fire at CPPL’s Roundup Tank Farm.\nIn that meeting, CPPL must ensure that Roundup firefighters have adequate\ninformation regarding the location of local CPPL facilities and pipelines as well as a\ntactical firefighting plan for response to any fires at local CPPL facilities. CPPL must\nalso develop a plan to periodically meet with Roundup firefighters on an ongoing\nbasis. CPPL must provide documentation and evidence to PHMSA showing\ncompliance with this item within 60 days of receipt of the Final Order.\n2. With respect to the violation of § 195.428(a) (Item 2), Respondent must provide\ndocumentation traceable to each rupture pin that shows they are compatible and of\nadequate capacity and reliability for the pressure relief valve in which they are\ninstalled. CPPL must provide documentation to PHMSA showing compliance within\n60 days of receipt of the Final Order.\n3. With respect to the violation of § 195.404(b) (Item 3), Respondent must install a\ndevice capable of measuring the discharge pressures directly downstream from the\nCPPL-ExxonMobil transfer pump station in Billings, Montana, within 60 days of\nreceipt of the Final Order. Respondent must comply with all record-keeping\nrequirements in § 195.404.\n4. With respect to the violation of § 195.440(a) (Item 5), Respondent must give all\nemergency response organizations the location of all pipeline facility locations within\ntheir areas of jurisdiction and the location of each facility’s associated emergency\nresponse plans. CPPL must provide documentation showing compliance with this\nitem within 60 days of receipt of the Final Order.\n5. PHMSA requests that CPPL maintain documentation of the safety improvement\ncosts associated with fulfilling this Compliance Order and submit the total to Chris\nHoidal, Director, Western Region. PHMSA requests that these costs be reported in\ntwo categories: 1) total cost associated with preparation of plans, procedures, studies,\nand analyses, and 2) total cost associated with replacements, additions, and other\nchanges to pipeline infrastructure.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $100,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\n\n\n\n5\nWARNING ITEM\nWith respect to Item 4, the Notice alleged a probable violation of Part 195 but did not propose a\ncivil penalty or compliance order. Therefore, this is considered to be a warning item. The\nwarning was for:\n49 C.F.R. § 195.404(c)(2) (Item 4) ─ Respondent’s alleged failure to maintain a\nrecord of the date, location, and description of each repair made to parts of the\npipeline other than pipe for at least one year.\nCPPL did not contest the allegation. Accordingly, having considered such information, I find,\npursuant to 49 C.F.R. § 190.205, that a probable violation of 49 C.F.R. § 195.404 (Notice Item 4)\nhas occurred and Respondent is hereby advised to correct such conditions. If OPS finds a\nviolation of this provision in a subsequent inspection, Respondent may be subject to future\nenforcement action.\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\n\n520115014_closure letter_03012012_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 1, 2012\nMr. Terry D. Roby\nPresident\nConocoPhillips Pipe Line Company\nTA-02-2032\n600 North Dairy Ashford Road\nHouston, TX 77079\nCPF 5-2011-5014\nDear Mr. Roby:\nOn December 19, 2011, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) issued to ConocoPhillips Pipe Line Company a Final Order in the above-\nreferenced case. This Order included a Compliance Order. Based on our review of the\ndocumentation you provided it has been determined that you have complied with the terms of\nthis Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 G. Davis (#128421)","truncated":false,"body_characters":15383}