Nationwide
This series of reports provides the status of various types of enforcement Cases by the year in which they were initiated, regardless of the year in which the Cases may have been closed. These tables show how many Cases initiated in a given year have been closed to date, and how many remain open.
This table provides the total number of Cases opened for each year, and a count of how many of these Cases were closed at the time this report was generated. For example, there were 226 Cases opened in the year 2004. Of those 226 Cases, 192 have been closed as of the date this report was generated.
Year Opened | Number of Cases Opened | Corresponding Cases Closed | Percent Cases Closed | Percent Cases Pending |
---|---|---|---|---|
2002 | 166 | 151 | 91% | 9% |
2003 | 146 | 132 | 90% | 10% |
2004 | 226 | 192 | 85% | 15% |
2005 | 300 | 251 | 84% | 16% |
2006 | 236 | 185 | 78% | 22% |
2007 | 259 | 158 | 61% | 39% |
2008 | 137 | 72 | 53% | 47% |
Totals | 1,470 | 1,141 | 78% | 22% |
This table shows the year-by-year status of enforcement cases involving a Corrective Action Order. A Corrective Action Order usually addresses issues resulting from an accident, spill, or other significant, immediate, or imminent safety or environmental concern. For example, in 2002 PHMSA issued 7 Corrective Action Orders. To date, 5 (71%) of these CAOs have been closed, and 2 (29%) are still open. Sometimes Corrective Action Orders require long-term actions by operators and thus may be open for extended periods of time.
Year Opened | Number of Cases Opened | Corresponding Cases Closed | Percent Cases Closed | Percent Cases Pending |
---|---|---|---|---|
2002 | 7 | 5 | 71% | 29% |
2003 | 19 | 13 | 68% | 32% |
2004 | 9 | 7 | 78% | 22% |
2005 | 9 | 3 | 33% | 67% |
2006 | 8 | 3 | 38% | 63% |
2007 | 7 | 0 | 0% | 100% |
2008 | 5 | 0 | 0% | 100% |
Totals | 64 | 31 | 48% | 52% |
This table shows the year-by-year status of enforcement cases where alleged violations resulted in a proposed Compliance Order requiring the operator to take one or more corrective actions. For example, in 2002, there were 35 Notices of Probable Violation that contained one or more compliance orders to address operator non-compliance. To date, 31 (89%) of these Cases have been closed, while 4 (11%) remain open. Compliance Orders are often combined with other enforcement action, including civil penalties.
Year Opened | Number of Cases Opened | Corresponding Cases Closed | Percent Cases Closed | Percent Cases Pending |
---|---|---|---|---|
2002 | 35 | 31 | 89% | 11% |
2003 | 24 | 20 | 83% | 17% |
2004 | 53 | 34 | 64% | 36% |
2005 | 58 | 30 | 52% | 48% |
2006 | 43 | 13 | 30% | 70% |
2007 | 50 | 0 | 0% | 100% |
2008 | 25 | 1 | 4% | 96% |
Totals | 288 | 129 | 45% | 55% |
This table shows the year-by-year status of enforcement cases where a Notice of Amendment has been issued alleging that an operator's written plans or procedures fail to meet regulatory requirements and proposing that they be amended. For example, in 2002 PHMSA issued 84 Notices of Amendment to operators alleging inadequate policies or procedures. To date, 76 (90%) of these Cases have been closed, and 8 (10%) remain open.
Year Opened | Number of Cases Opened | Corresponding Cases Closed | Percent Cases Closed | Percent Cases Pending |
---|---|---|---|---|
2002 | 84 | 76 | 90% | 10% |
2003 | 59 | 55 | 93% | 7% |
2004 | 123 | 107 | 87% | 13% |
2005 | 147 | 129 | 88% | 12% |
2006 | 104 | 97 | 93% | 7% |
2007 | 102 | 77 | 75% | 25% |
2008 | 46 | 17 | 37% | 63% |
Totals | 665 | 558 | 84% | 16% |
This table shows the year-by-year status of enforcement Cases where one or more alleged violations resulted in civil penalties. For example in 2002, 45 Cases with proposed civil penalties were opened. Of these 45 Cases, 43 (or 96%) have been closed to date. For the 43 closed Cases, the total proposed civil penalties in the Notices of Probable Violation were $1,483,950, and the total assessed civil penalties in the Final Orders were $1,219,350. "Assessed civil penalties" are those final civil penalties that are established after the operator had an opportunity to defend its actions or provide further clarifying information. In some cases, civil penalties are reduced due to this new information that the operator provides. For example, for Cases opened in 2002 that have closed to date, 82% of the originally proposed civil penalties have been assessed. This figure will change as additional Cases are eventually closed. This table does not reflect certain major enforcement actions in which monetary penalties have been collected through alternative means. For example, PHMSA has made formal and informal referrals to the U. S. Department of Justice involving criminal prosecution or injunctive relief and the collection of damages through civil litigation.
Year Opened | Number of Cases Opened | Corresponding Cases Closed | Percent Cases Closed | Percent Cases Pending | Total Penalties Proposed for Cases Closed | Total Penalties Assessed for Cases Closed | Percent of Proposed Penalties Assessed |
---|---|---|---|---|---|---|---|
2002 | 45 | 43 | 96% | 4% | $1,483,950 | $1,219,350 | 82% |
2003 | 33 | 29 | 88% | 12% | $869,000 | $831,250 | 96% |
2004 | 64 | 42 | 66% | 34% | $966,050 | $819,600 | 85% |
2005 | 81 | 55 | 68% | 32% | $1,920,200 | $1,682,200 | 88% |
2006 | 35 | 11 | 31% | 69% | $323,800 | $323,800 | 100% |
2007 | 45 | 2 | 4% | 96% | $46,800 | $46,800 | 100% |
2008 | 20 | 1 | 5% | 95% | $94,000 | $0 | 0% |
Totals | 323 | 183 | 56% | 43% | $5,703,800 | $4,923,000 | 86% |
In cases where there is both a civil penalty and a compliance order, an enforcement case will remain open even after the civil penalty has been paid if the terms of the compliance order have not been satisfied.
Also see
- Enforcement Home Page
- Inspection and Enforcement Process Flow Chart
- Additional Information on Regulatory Enforcement Mechanisms and Operator Compliance
- Enforcement Information on a Specific Pipeline Operator
- National Pipeline Mapping System
Sources
- PHMSA Safety Monitoring and Reporting Tool (SMART) for the Pipeline Safety Enforcement Tracking System as of October 1, 2008.
For comments and questions on the enforcement information presented on this site, please send us feedback.
Information provided on this website is intended to enhance public understanding of PHMSA's enforcement program. Aggregate and company-specific statistical information reflecting PHMSA's enforcement actions is provided beginning with 2002. Agency orders and other key documents associated with administrative enforcement cases are provided beginning with 2007. The search feature may not retrieve every document associated with each individual enforcement action. Enforcement data is updated monthly as additional cases are initiated and other cases are resolved. Historical totals will change over time to reflect changes in case status.