{"operation":"document","citation":"CPF 520135014W","title":"PHILLIPS 66 PIPELINE LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-09-03","effective_on":null,"summary":"CLOSED warning letter citing 195.452(h)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520135014w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520135014w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520135014w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520135014W","body":"Warning Letter involving PHILLIPS 66 PIPELINE LLC. PHMSA's enforcement data identifies the cited regulation as 195.452(h)(2). The case was opened on 2013-09-03 and is reported as closed as of 2013-09-03. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520135014W_warning letter_09032013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520135014W/520135014W_warning%20letter_09032013.pdf\n\n520135014W_warning letter_09032013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520135014W/520135014W_warning%20letter_09032013_text.pdf\n\n520135014W_warning letter_09032013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 3, 2013\nMr. Todd Denton\nPresident\nPhillips 66 Pipeline LLC\n3010 Briarpark Drive\nPWC-7109\nHouston, TX 77042\nCPF 5-2013-5014W\nDear Mr. Denton:\nBetween July 2012 and October 2012, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nyour Operations and Maintenance (O&M) procedures and records of the Powder River and\nBorger-to-Denver systems at your Headquarter in Houston, Texas.\nAs a result of the inspections, it appears that Phillips 66 Pipeline LLC (P66) has committed\nprobable violations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations.\nThe items inspected and the probable violation is:\n1. §195.452 Pipeline integrity management in high consequence areas.\n(h) What actions must an operator take to address integrity issues? —(1) General\nrequirements. An operator must take prompt action to address all anomalous\nconditions the operator discovers through the integrity assessment or information\nanalysis. In addressing all conditions, an operator must evaluate all anomalous\nconditions and remediate those that could reduce a pipeline's integrity. An\noperator must be able to demonstrate that the remediation of the condition will\nensure the condition is unlikely to pose a threat to the long-term integrity of the\npipeline. An operator must comply with § 195.422 when making a repair.\n\n\n\n(2) Discovery of condition. Discovery of a condition occurs when an operator has\nadequate information about the condition to determine that the condition presents\na potential threat to the integrity of the pipeline. An operator must promptly, but\nno later than 180 days after an integrity assessment, obtain sufficient information\nabout a condition to make that determination, unless the operator can\ndemonstrate that the 180-day period is impracticable.\nPer 195.452(h)(2), the operator must obtain sufficient information about a condition to\ndetermine if it poses a potential integrity threat (discovery) no later than 180 days after an\nintegrity assessment, unless the operator can demonstrate that the 180-day period is\nimpracticable. During the review of the integrity assessment of the Borger-to-Denver system, it\nwas determined that the maximum allowable discovery date for the Spiral Magnetic Flux\nLeakage (MFL) assessment exceeded the 180-day period. The Spiral MFL assessment was\ncompleted on November 17, 2010 and P66 did not declare discovery of condition until June 3,\n2011. Therefore, P66 did not comply with the requirements of Part 195.452(h)(2).\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 4, 2012, the maximum\npenalty may not exceed $100,000 per violation per day, with a maximum penalty not to exceed\n$1,000,000 for a related series of violations. 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 correct\nthe items identified in this letter. Failure to do so will result in Phillips 66 Pipeline LLC being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2013-5014W. 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 portion\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with the\nportions you believe qualify for confidential treatment redacted and an explanation of why you\nbelieve the redacted information qualifies for confidential treatment 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 H. Nguyen/T. Larson (#140068)\n2","truncated":false,"body_characters":4892}