{"operation":"document","citation":"CPF 12022039WL","title":"MARATHON PIPE LINE LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-03-25","effective_on":null,"summary":"CLOSED warning letter citing 195.446(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022039wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022039wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022039wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12022039WL","body":"Warning Letter involving MARATHON PIPE LINE LLC. PHMSA's enforcement data identifies the cited regulation as 195.446(a). The case was opened on 2022-03-25 and is reported as closed as of 2022-03-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12022039WL_Warning Letter_03252022_(20-175827).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022039WL/12022039WL_Warning%20Letter_03252022_(20-175827).pdf\n\n12022039WL_Warning Letter_03252022_(20-175827)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022039WL/12022039WL_Warning%20Letter_03252022_(20-175827)_text.pdf\n\n12022039WL_Warning Letter_03252022_(20-175827)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: smlyon@marathonpetroleum.com\nMarch 25, 2022\nMr. Shawn Lyon\nPresident and Chief Executive Officer\nMarathon Pipe Line LLC\n539 South Main Street\nFindlay, Ohio 45840\nCPF 1-2022-039-WL\nDear Mr. Lyon:\nFrom August 3, 2020 to December 16, 2020, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) inspected Marathon Pipe Line LLC’s (Marathon) control room management.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. § 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline\nfacility with a controller working in a control room who monitors and\ncontrols all or part of a pipeline facility through a SCADA system. Each\noperator must have and follow written control room management\nprocedures that implement the requirements of this section. The\nprocedures required by this section must be integrated, as appropriate,\nwith the operator's written procedures required by §195.402. An\noperator must develop the procedures no later than August 1, 2011, and\nmust implement the procedures according to the following schedule.\nThe procedures required by paragraphs (b), (c)(5), (d)(2) and (d)(3), (f)\nand (g) of this section must be implemented no later than October 1,\n2011. The procedures required by paragraphs (c)(1) through (4), (d)(1),\n\n\n\nCPF 1-2022-039-WL\n(d)(4), and (e) must be implemented no later than August 1, 2012. The\ntraining procedures required by paragraph (h) must be implemented\nno later than August 1, 2012, except that any training required by\nanother paragraph of this section must be implemented no later than\nthe deadline for that paragraph.\nMarathon failed to follow its written control room management procedures. Specifically, Marathon\nfailed to follow its Findlay Operations Center Control Room Management Plan, Rev. 12, Revision\nDate December 5, 2019 (CRMP) by not training certain individuals as prescribed in § 195.446(a),\nin accordance with § 195.446(h)(6)1\n.\nThe CRMP referenced Team Training Program Documentation. Marathon's Team Training\nProgram Documentation Revision no.: 1, Revision Date 12/21/2018 (2018 Training Program) and\nTeam Training Program Documentation Revision no.: 2, Revision Date 12/17/2019 (2019\nTraining Program), Team Training - Training Exercises section stated in part: “Annually, typically\nas part of the Semi-Annual Meetings, team training exercises will be coordinated by the Operations\nCenter with each training session including Analysts, Specialists, Supervisors and other members\nof the groups identified in the 'Identifying the Team for Team Training' section above.”\nAdditionally, the 2018 and 2019 Training Programs, Identifying the Team for Team Training\nsection stated in part: “Operations Center has identified the support personnel who interact with\nOperations Center most frequently during a Stop-Help-Start event. These groups include, but are\nnot limited to: Operations Center Analysts, Operations Center Specialists/Backup Specialists,\nOperations Center Daytime Specialist, Operations Center Supervisor, Operations Center Manager,\nO&L Coordinator, SCADA, CPM, Hydraulics, System Schedulers, Area Managers, Operations\nSupervisors, Operations Superintendents, and Technicians.”\nDuring this inspection, a PHMSA inspector reviewed Marathon's team training records on a\nspreadsheet titled “CRM_OC Team Training History” (Training Record). The Training Record\nrevealed that SCADA, CPM, System Scheduler, Operations Superintendents, and Technicians\ngroups did not complete the team training in the calendar year 2018 and 2019 as stipulated in the\n2018 and 2019 Training Programs.\nTherefore, Marathon did not follow its written control room management procedures as prescribed\nin § 195.446(a), in accordance with § 195.446(h)(6).\n1 §195.446 Control room management.\n(a) …\n(h) Training. Each operator must establish a controller training program and review the training program content to\nidentify potential improvements at least once each calendar year, but at intervals not to exceed 15 months. An\noperator's program must provide for training each controller to carry out the roles and responsibilities defined by the\noperator. In addition, the training program must include the following elements:\n(1) …\n(6) Control room team training and exercises that include both controllers and other individuals, defined by the\noperator, who would reasonably be expected to operationally collaborate with controllers (control room personnel)\nduring normal, abnormal or emergency situations. Operators must comply with the team training requirements under\nthis paragraph no later than January 23, 2018.\n12022039WL_Warning Letter_03252022_(20-175827)_text Page 2 of 3\n\n\n\nCPF 1-2022-039-WL\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a related\nseries of violations. For violation occurring on or after January 11, 2021 and before May 3, 2021,\nthe maximum penalty may not exceed $222,504 per violation per day the violation persists, up to\na maximum of $2,225,034 for a related series of violations. For violation occurring on or after\nJuly 31, 2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations. For violation occurring on or after November 27, 2018 and before July 31, 2019, the\nmaximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to\nexceed $2,132,679. For violation occurring on or after November 2, 2015 and before November\n27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty not to exceed $2,090,022.\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 identified in this letter. Failure to do so will result in\nMarathon Pipe Line LLC being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2022-039-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n12022039WL_Warning Letter_03252022_(20-175827)_text Page 3 of 3","truncated":false,"body_characters":7975}