{"operation":"document","citation":"CPF 120185013W","title":"TOLEDO REFINING COMPANY, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-03-02","effective_on":null,"summary":"CLOSED warning letter citing 195.567(c), 195.589(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185013w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185013w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185013w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120185013W","body":"Warning Letter involving TOLEDO REFINING COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 195.567(c),  195.589(a). The case was opened on 2018-03-02 and is reported as closed as of 2018-03-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120185013W_Operator Response To Notice_03082018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185013W/120185013W_Operator%20Response%20To%20Notice_03082018.pdf\n\n120185013W_Warning Letter_03022018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185013W/120185013W_Warning%20Letter_03022018.pdf\n\n120185013W_Warning Letter_03022018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185013W/120185013W_Warning%20Letter_03022018_text.pdf\n\n120185013W_Warning Letter_03022018_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nMarch 2, 2018\nMr. Jeffery Coleman\nRefinery Manager\nToledo Refining Company, LLC\n1819 Woodville Road\nOregon, OH 43616\nCPF 1-2018-5013W\nDear Mr. Coleman:\nFrom June 5 – 9, 2017, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected Toledo Refining Company, LLC’s (TRC) pipeline facilities in Toledo, Ohio.\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 items\ninspected and the probable violation(s) are:\n1. § 195.567 Which pipelines must have test leads and what must I do to install and\nmaintain the leads.\n(c) Maintenance. You must maintain the test lead wires in a condition that enables\nyou to obtain electrical measurements to determine whether cathodic protection\ncomplies with § 195.571.\nTRC failed to maintain test lead wires in a condition that enables them to obtain electrical\nmeasurements to determine whether cathodic protection complies with § 195.571.\nDuring field observations conducted as part of the inspection, the PHMSA Inspector noted that\nelectrical contact with the pipeline could not be made at a test station located just north of\nNavarre Ave. As a result, pipe-to-soil potential voltages could not be obtained.\n\n\n\nCPF 1-2018-5013W\nThis test station was in an area of potential stray currents from overhead transmission lines and\na railroad.\nTherefore, TRC failed to maintain test lead wires in accordance with § 195.567(c).\n2. § 195.589 What corrosion control information do I have to maintain?\n(a) You must maintain current records or maps to show the location of-\n(1) Cathodically protected pipelines;\n(2) Cathodic protection facilities, including galvanic anodes, installed after\nJanuary 28, 2002; and\n(3) Neighboring structures bonded to cathodic protection systems.\nTRC failed to maintain current records or maps to show the location of cathodic protection\nfacilities required by § 195.589(a).\nDuring the inspection, the PHMSA inspector requested and reviewed existing maps of the\npipeline system. The maps provided did not clearly and accurately depict current cathodic\nprotection information such as test stations, rectifiers, anode beds, bonded systems, and\ncathodic protection systems for the breakout tanks.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $209,002 per violation per day the violation persists, up to a maximum of $2,090,022\nfor a related series of violations. For violations occurring prior to November 2, 2015, the\nmaximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 for a related series of violations.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item(s) identified in this letter. Failure to do so will result\nin Toledo Refining Company, LLC being subject to additional enforcement action.\nPlease be advised that all material you submit in response to this enforcement action is subject\nto being made publicly available. If you believe that any portion of your responsive material\nqualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original\ndocument you must provide a second copy of the document with the portions you believe\nqualify for confidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b).\n120185013W_Warning Letter_03022018_text\nPage 2 of 3\n\n\n\nCPF 1-2018-5013W\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in\nthis matter to Robert Burrough, Director, PHMSA Eastern Region, 820 Bear Tavern Road,\nSuite 103, West Trenton, NJ 08628. Please refer to CPF 1- 2018-5013W on each document\nyou submit, and whenever possible provide a signed PDF copy in electronic format. Smaller\nfiles may be emailed to robert.burrough@dot.gov. Larger files should be sent on a CD\naccompanied by the original paper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120185013W_Warning Letter_03022018_text\nPage 3 of 3","truncated":false,"body_characters":5324}