{"operation":"document","citation":"CPF 120155005W","title":"BP USFO/LOGISTICS — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-05-01","effective_on":null,"summary":"CLOSED warning letter citing 195.404(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120155005w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120155005w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120155005w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120155005W","body":"Warning Letter involving BP USFO/LOGISTICS. PHMSA's enforcement data identifies the cited regulation as 195.404(c)(3). The case was opened on 2015-05-01 and is reported as closed as of 2015-05-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120155005W_Warning Letter_05012015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120155005W/120155005W_Warning%20Letter_05012015.pdf\n\n120155005W_Warning Letter_05012015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120155005W/120155005W_Warning%20Letter_05012015_text.pdf\n\n120155005W_Warning Letter_05012015_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nMay 1, 2015\nSteve Pankhurst\nBusiness Unit Leader\nBP USFO/Logistics\n150 W. Warrenville Rd\nNaperville, IL 60563\nCPF 1-2015-5005W\nDear Mr. Pankhurst,\nDuring the week of October 27, 2014, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your breakout tank\nfacility in Carteret, NJ.\nAs a result of the inspection, it appears that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable\nviolation is:\n1. 195.404 Maps and Records.\n(c) Each operator shall maintain the following records for the periods specified;\n(3) A record of each inspection and test required by this subpart shall be maintained for at\nleast 2 years or until the next inspection or test is performed, whichever is longer.\nBP/USFO Logistics did not maintain adequate records for the inspection of fire extinguishers.\nDuring the inspection, a PHMSA inspector reviewed BP’s monthly fire extinguishers records, including\nthose from January to August 2014. The records, titled “Fire Extinguisher Inspection Check List,” did\nnot accurately capture information related to the inspection such as: the location, pressure reading, seal\ncondition, physical damage / corrosion information, whether the extinguisher was charged and the\nexpiration date for fire extinguishers located in the facility.\nThe Terminal Manager stated that documentation of fire extinguisher inspection records was lacking and\nBP/USFO Logistics could have done better.\n\n\n\n1-2015-5005W\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.\nFor violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per\nviolation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations.\nWe have reviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time. We advise\nyou to correct the item identified in this letter. Failure to do so will result in BP USFO/Logistics being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF\n120155005W. Be advised that all material you submit in response to this enforcement action is subject to\nbeing made publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120155005W_Warning Letter_05012015 Page 2 of 2","truncated":false,"body_characters":4013}