{"operation":"document","citation":"CPF 320135031W","title":"COUNTRYMARK REFINING AND LOGISTICS, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-10-18","effective_on":null,"summary":"CLOSED warning letter citing 195.573(e).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135031w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135031w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135031w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320135031W","body":"Warning Letter involving COUNTRYMARK REFINING AND LOGISTICS, LLC. PHMSA's enforcement data identifies the cited regulation as 195.573(e). The case was opened on 2013-10-18 and is reported as closed as of 2013-10-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320135031W_Warning Letter_10182013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135031W/320135031W_Warning%20Letter_10182013.pdf\n\n320135031W_Warning Letter_10182013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135031W/320135031W_Warning%20Letter_10182013_text.pdf\n\n320135031W_Warning Letter_10182013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 18, 2013\nJoe Sudholt, Vice President\nCountryMark Refining and Logistics, LLC\n1200 Refinery Road\nMt. Vernon, IN 47620\nCPF 3-2013-5031W\nDear Mr. Sudholt:\nOn November 27-30, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nfacilities in Mt Vernon, Indiana and rural Illinois and rural southwestern Indiana.\nAs a result of the inspection, it appears that CountryMark Refining and Logistics, LLC\n(CountryMark) has committed a probable violation of the Pipeline Safety Regulations, Title\n49, Code of Federal Regulations. The items inspected and the probable violation is:\n1. §195.573 What must I do to monitor external corrosion control?\n(e) Corrective action. You must correct any identified deficiency in corrosion\ncontrol as required by Sec. 195.401(b). However, if the deficiency involves a\npipeline in an integrity management program under Sec. 195.452, you must\ncorrect the deficiency as required by Sec. 195.452(h).\nCountryMark did not correct identified deficiencies within a reasonable time on its\nClay City, IL to Johnsonville, IL pipeline segment near station 790+21 after\ndiscovery of deficiencies identified from the external corrosion control monitoring\nrequired by 49 CFR §195.573(a)(1). Monitoring was conducted in calendar years\n2011 and 2012 and identified a section of pipeline near station 790+21 at a crossing\nwith a foreign pipeline where the pipeline was not adequately protected from\ncorrosion. Repairs and/or correction of the cathodic protection on the pipeline\n\n\n\nsystem were not completed at the time of the PHMSA inspection in November\n2012. Information was submitted to PHMSA demonstrating that repairs were\ncompleted on September 5, 2013 with the replacement of 2.25 miles of pipe.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 4, 2012, the maximum\npenalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 for a related series of violations. We have reviewed the circumstances\nand supporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time.\nNo reply to this letter is required. If you choose to reply, in your correspondence please\nrefer to CPF 3-2013-5031W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C.\n552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nSincerely,\nLinda Daugherty\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n2","truncated":false,"body_characters":3909}