{"operation":"document","citation":"CPF 320195018W","title":"MARATHON PIPE LINE LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-09-27","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a), 195.428(a), 195.452(i)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195018w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195018w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195018w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320195018W","body":"Warning Letter involving MARATHON PIPE LINE LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.428(a),  195.452(i)(4). The case was opened on 2019-09-27 and is reported as closed as of 2019-09-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320195018W_Warning Letter_09272019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195018W/320195018W_Warning%20Letter_09272019.pdf\n\n320195018W_Warning Letter_09272019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195018W/320195018W_Warning%20Letter_09272019_text.pdf\n\n320195018W_Warning Letter_09272019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 27, 2019\nShawn M. Lyon\nPresident\nMarathon Pipe Line LLC\n539 South Main Street\nFindlay, OH 45840\nCPF 3-2019-5018W\nDear Mr. Lyon:\nBetween March 13th and September 27th, 2018 representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) inspected your Midwest Crude Pipeline Systems in Illinois, Indiana, Michigan, Ohio\nand Kentucky.\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 violations are:\n\n\n\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall\nbe reviewed at intervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to ensure that the manual is\neffective. This manual shall be prepared before initial operations of a pipeline\nsystem commence, and appropriate parts shall be kept at locations where\noperations and maintenance activities are conducted.\n§195.428 Overpressure safety devices and overfill protection systems\n(a) Except as provided in paragraph (b) of this section, each operator shall, at\nintervals not exceeding 15 months, but at least once each calendar year, or in the\ncase of pipelines used to carry highly volatile liquids, at intervals not to exceed 7½\nmonths, but at least twice each calendar year, inspect and test each pressure\nlimiting device, relief valve, pressure regulator, or other item of pressure control\nequipment to determine that it is functioning properly, is in good mechanical\ncondition, and is adequate from the standpoint of capacity and reliability of\noperation for the service in which it is used.\nMarathon Pipe Line LLC (Marathon) failed to follow the Major Pressure Relief Valve\nDOT Inspection Task List procedure (MPL-MNT-00966-PRS) in its Operations and\nMaintenance manual which requires “documenting all measurements and settings on\nthe Major Relief and Pressure Regulator Valve Inspection Form (PLMAJR) or in\nSAP.” While Marathon records the “as left” settings of pressure relief valves, it does\nnot always record the “as found” settings when testing and inspecting pressure relief\ndevices. Recording the “as found” information during regular inspections is necessary\nso that the operator can assess whether a set point is drifting after it has been\ncalibrated. Drifting can result in the device having an improper set point, which could\ncause a pipeline to fail during an overpressure event. Therefore, developing a track\nrecord of the devices’ performance helps to assure reliable equipment operation.\n2\n\n\n\n2. §195.452 Pipeline integrity management in high consequence areas.\n(a) . . .\n(i) What preventive and mitigative measures must an operator take to protect the\nhigh consequence area?—\n(1) . . .\n(4) Emergency Flow Restricting Devices (EFRD). If an operator determines that\nan EFRD is needed on a pipeline segment to protect a high consequence area in\nthe event of a hazardous liquid pipeline release, an operator must install the\nEFRD. In making this determination, an operator must, at least, consider the\nfollowing factors - the swiftness of leak detection and pipeline shutdown\ncapabilities, the type of commodity carried, the rate of potential leakage, the\nvolume that can be released, topography or pipeline profile, the potential for\nignition, proximity to power sources, location of nearest response personnel,\nspecific terrain between the pipeline segment and the high consequence area, and\nbenefits expected by reducing the spill size.\nAt the time of the inspection, EFRD studies were completed for all in scope assets\nwith the exception of four segments. Those four pipeline segments included Patoka-\nMartinsville 20”, Patoka-Robinson 20”, Roxana-Patoka 20-12” and Samaria-Detroit.\nMarathon has since advised PHMSA in February of 2019 that EFRD studies have been\nscheduled for the four segments with a completion date of 2019 for the first segments\nand a completion date of 2020 for the fourth segment.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $213,268 per violation per day the violation persists, up to a maximum of $2,132,679\nfor a related series of violations. For violation occurring on or after November 2, 2015 and\nbefore November 27, 2018, the maximum penalty may not exceed $209,002 per violation per\nday, with a maximum penalty not to exceed $2,090,022. For violations occurring prior to\nNovember 2, 2015, the maximum penalty may not exceed $200,000 per violation per day,\nwith a maximum penalty not to exceed $2,000,000 for a related series of violations. We have\nreviewed 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.\nWe advise you to correct the items 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\nto 3-2019-5018W. 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\nportions you believe qualify for confidential treatment redacted and an explanation of why\n3\n\n\n\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nAllan B. Beshore, P.E.\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n4","truncated":false,"body_characters":6822}