{"operation":"document","citation":"CPF 12022066WL","title":"CENTURY ALUMINUM — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-08-03","effective_on":null,"summary":"CLOSED warning letter citing 192.12(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022066wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022066wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022066wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12022066WL","body":"Warning Letter involving CENTURY ALUMINUM. PHMSA's enforcement data identifies the cited regulation as 192.12(b)(2). The case was opened on 2022-08-03 and is reported as closed as of 2022-08-03. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12022066WL_Warning Letter_08032022_(21-200585).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022066WL/12022066WL_Warning%20Letter_08032022_(21-200585).pdf\n\n12022066WL_Warning Letter_08032022_(21-200585)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022066WL/12022066WL_Warning%20Letter_08032022_(21-200585)_text.pdf\n\n12022066WL_Warning Letter_08032022_(21-200585)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: jim.f.martin@orbitgas.com\nAugust 3, 2022\nMr. Jim Martin\nPresident\nCentury Aluminum\n1401 Spring Bank Drive, Suite 16\nOwensboro, Kentucky 42303\nCPF 1-2022-066-WL\nDear Mr. Martin:\nFrom November 15 to November 19, 2021, and February 15 to February 16, 2022, a representative of\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49\nUnited States Code (U.S.C.) inspected Century Aluminum’s East Slaughters Underground Natural Gas\nStorage in Hopkins, Kentucky.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and the probable\nviolation is:\n1. §192.12 Underground natural gas storage facilities.\n(a) …\n(b) Depleted hydrocarbon and aquifer reservoir UNGSFs.\n(1) …\n(2) Each UNGSF that uses a depleted hydrocarbon reservoir or an\naquifer reservoir for natural gas storage and was constructed on or before\nJuly 18, 2017, must meet the provisions of API RP 1171 (incorporated by\nreference, see § 192.7), sections 8, 9, 10, and 11, and paragraph (c) of this\nsection, by January 18, 2018, and must meet all provisions of paragraph\n(d) of this section by March 13, 2021.\nCentury Aluminum failed to meet the provisions of § 192.12(c) by January 18, 2018. Specifically,\nCentury Aluminum’s operations and maintenance manual and its emergency response plan (ERP)\nwithin its Storage Integrity Management Plan were not created until January of 2022, past the January\n18, 2018, deadline required by § 192.12(b)(2).\n\n\n\nSection 192.12(c) requires in part that “[e]ach operator of a UNGSF must prepare and follow for each\nfacility one or more manuals of written procedures for conducting operations, maintenance, and\nemergency preparedness and response activities under paragraphs (a) and (b) of this section.”\nDuring the inspection, Century Aluminum’s O&M Manual and ERP were reviewed. PHMSA\ndetermined that these manuals had not been reviewed due to the fact that they were not created until\nafter January 2022.\nTherefore, Century Aluminum failed to meet the provisions of § 192.12(c) by January 18, 2018, as\nrequired by § 192.12(b)(2).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$239,142 per violation per day the violation persists, up to a maximum of $2,391,142 for a related\nseries of violations. For violation occurring on or after May 3, 2021, and before March 21, 2022, the\nmaximum penalty may not exceed $225,134 per violation per day the violation persists, up to a\nmaximum of $2,251,334 for a related series of violations. For violation occurring on or after January\n11, 2021, and before May 3, 2021, the maximum penalty may not exceed $222,504 per violation per\nday the violation persists, up to a maximum of $2,225,034 for a related series of violations. For\nviolation occurring on or after July 31, 2019, and before January 11, 2021, the maximum penalty may\nnot exceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a\nrelated series of violations. For violation occurring on or after November 27, 2018, and before July\n31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum\npenalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015, and before\nNovember 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a\nmaximum penalty not to exceed $2,090,022.\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 Century Aluminum 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\n1-2022-066-WL. Be advised that all material you submit in response to this enforcement action is\nsubject to 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 document\nyou must provide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":5395}