{"operation":"document","citation":"CPF 520195013W","title":"PHILLIPS 66 PIPELINE LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-12-09","effective_on":null,"summary":"CLOSED warning letter citing 194.107(c)(1)(ix).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520195013w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520195013w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520195013w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520195013W","body":"Warning Letter involving PHILLIPS 66 PIPELINE LLC. PHMSA's enforcement data identifies the cited regulation as 194.107(c)(1)(ix). The case was opened on 2019-12-09 and is reported as closed as of 2019-12-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520195013W_Operator Response to Notice_02172020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520195013W/520195013W_Operator%20Response%20to%20Notice_02172020.pdf\n\n520195013W_Warning Letter_12092019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520195013W/520195013W_Warning%20Letter_12092019.pdf\n\n520195013W_Warning Letter_12092019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520195013W/520195013W_Warning%20Letter_12092019_text.pdf\n\n520195013W_Warning Letter_12092019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 9, 2019\nMr. Todd Denton\nPresident and Chief Executive Officer\nPhillips 66 Pipeline, LLC\n2331 Citywest Blvd.\nHouston, TX, 77042\nCPF 5-2019-5013W\nDear Mr. Denton:\nFrom March 6, April 22 through 25, July 29 through August 5 and September 4 through 5,\n2019, representatives of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected your Borger\nto Denver HL line located in Texas, Oklahoma, and Colorado.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item\ninspected and the probable violation is:\n\n\n\n1. § 194.107 General response plan requirements.\n(a) …\n(c) Each response plan must include:\n(1) A core plan consisting of—\n(ix) Drill program—an operator will satisfy the requirement for a drill program\nby following the National Preparedness for Response Exercise Program (PREP)\nguidelines. An operator choosing not to follow PREP guidelines must have a drill\nprogram that is equivalent to PREP. The operator must describe the drill\nprogram in the response plan and OPS will determine if the program is\nequivalent to PREP.\nOn October 31, 2017, Phillips 66 performed an Equipment Deployment Exercise in La Junta,\nColorado. Phillips 66 deployed company-owned spill collection booms into the Arkansas\nRiver and self-certified that they followed National PREP guidelines. Upon inspection, it was\ndetermined that Phillips 66 did not follow National PREP guidelines for proper\ndocumentation, for self-certification. The Objectives Met and Lessons Learned were not\naddressed as required and a description of the drill was lacking in detail.\nAs the National Preparedness for Response Exercise Program (PREP) Guidelines state:\n“Self-certification is where the plan holder declares that he or she has met the following\nstandards: (1) completion of the exercise; (2) conducting of the exercise in accordance with\nthe PREP guidelines, meeting all objectives listed; and (3) evaluation of the exercise using a\nmechanism that appraises the effectiveness of the response or contingency plan.” (1-8).\n“Proper documentation for self-certification should include, as a minimum, the following\ninformation:\n The type of exercise.\n Date and time of exercise.\n A description of the exercise.\n The objectives met in the exercise.\n The components of the response plan exercised.\n Lessons learned.\nThis documentation must be in writing and signed by an individual empowered by the plan\nholder organization.” (2-23).\nFurthermore, as stated on 5-6 under the Certification section “Self-certification as indicated in\nthe response plan. Each plan should have a written description of the company’s certification\nprocess.” These requirements were not met, so Phillip 66 should not be able to receive the\nCredit Section as stated: “Plan holder should take credit for this exercise when conducted in\nconjunction with other exercises as long as all objectives are met, the exercise is evaluated,\nand a proper record is generated. Credit should be taken for an actual spill response when\nthese objectives are met, the response is evaluated and a proper record is generated”.\n2\n\n\n\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465\nfor a related series of violations. For violation occurring on or after November 27, 2018 and\nbefore July 31, 2019, the maximum penalty may not exceed $213,268 per violation per day,\nwith a maximum penalty not to exceed $2,132,679. For violation occurring on or after\nNovember 2, 2015 and before November 27, 2018, the maximum penalty may not exceed\n$209,002 per violation per day, with a maximum penalty not to exceed $2,090,022. For\nviolations occurring prior to November 2, 2015, the maximum penalty may not exceed\n$200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for a\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or\npenalty assessment proceedings at this time. We advise you to correct the items identified in\nthis letter. Failure to do so will result in Phillips 66 Pipeline, LLC being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2019-5013W. 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. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 C. Cordova, J. Coleman, T. Jez (#163243)\n3","truncated":false,"body_characters":6170}