{"operation":"document","citation":"CPF 42024035WL","title":"DISTRIGAS OF MASSACHUSETTS LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-08-16","effective_on":null,"summary":"CLOSED warning letter citing 193.2637.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024035wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024035wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024035wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42024035WL","body":"Warning Letter involving DISTRIGAS OF MASSACHUSETTS LLC. PHMSA's enforcement data identifies the cited regulation as 193.2637. The case was opened on 2024-08-16 and is reported as closed as of 2024-08-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42024035WL_Operator Response to Notice_09102024_(23-266996).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024035WL/42024035WL_Operator%20Response%20to%20Notice_09102024_(23-266996).pdf\n\n42024035WL_Warning Letter_08162024_(23-266996).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024035WL/42024035WL_Warning%20Letter_08162024_(23-266996).pdf\n\n42024035WL_Warning Letter_08162024_(23-266996)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024035WL/42024035WL_Warning%20Letter_08162024_(23-266996)_text.pdf\n\n42024035WL_Warning Letter_08162024_(23-266996)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: jonathan.lauck@constellation.com\nAugust 16, 2024\nJonathan Lauck\nPlant Manager\nDistrigas of Massachusetts, LLC\n18 Rover Street\nEverett, Massachusetts 02149\nCPF 4-2024-035-WL\nDear Mr. Lauck:\nFrom March 20 to March 24, 2023, and from June 20 to June 2, 2023, of the on-site inspection, a\nrepresentative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office\nof Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nDistrigas of Massachusetts, LLC’s (Distrigas) Everett liquefied natural gas (LNG) Terminal in\nEverett, Massachusetts.\nAs a result of the inspection, it is alleged that Distrigas has committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (C.F.R.). The item inspected\nand the probable violation is:\n1. § 193.2637 Remedial measures.\nPrompt corrective or remedial action must be taken whenever an\noperator learns by inspection or otherwise that atmospheric, external,\nor internal corrosion is not controlled as required by this subpart.\nDistrigas failed to take prompt corrective or remedial action whenever it learned by inspection or\notherwise that atmospheric, external, or internal corrosion is not controlled as required by Part 193,\nsubpart G in accordance with § 193.2637. Specifically, Distrigas failed to take prompt corrective\nor remedial action when it learned of atmospheric corrosion that was no longer controlled for a\npipe support component in area 900 at its LNG facility.\nDistrigas provided a 2022 atmospheric corrosion inspection report which identified the pipe\nsupport as grade 4, indicating severe corrosion. Distrigas’s procedure, Atmospheric Corrosion\n\n\n\nControl Inspection, EMT-109M, (Rev. F; June, 9,2023), requires replacement of equipment with\ngrade 4 corrosion within six (6) months, not to exceed one year.\nFollowing PHMSA's inspection in March 2023, and prior to PHMSA's inspection in June 2023,\nremediate corrosion. Distrigas also submitted a schedule for the replacement of the pipe support\nDistrigas submitted revised atmospheric corrosion control procedures with a timeframe to\ncomponent in area 900 at its LNG facility with grade 4 corrosion.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a related\nseries of violations. For violation occurring on or after January 6, 2023 and before December 28,\n2023, the maximum penalty may not exceed $257,664 per violation per day the violation persists,\nup to a maximum of $2,576,627 for a related series of violations. For violation occurring on or\nafter March 21, 2022 and before January 6, 2023, the maximum penalty may not exceed $239,142\nper violation per day the violation persists, up to a maximum of $2,391,142 for a related series of\nviolations. 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\nJanuary 11, 2021 and before May 3, 2021, the maximum penalty may not exceed $222,504 per\nviolation per day the violation persists, up to a maximum of $2,225,034 for a related series of\nviolations. For violation occurring on or after July 31, 2019 and before January 11, 2021, the\nmaximum penalty may not exceed $218,647 per violation per day the violation persists, up to a\nmaximum of $2,186,465 for a related series of violations. For violation occurring on or after\nNovember 27, 2018 and before July 31, 2019, the maximum penalty may not exceed $213,268 per\nviolation per day, with a maximum penalty not to exceed $2,132,679.\nAlso, for each violation involving LNG facilities, an additional penalty of not more than $97,179\noccurring on or after December 28, 2023 may be imposed. For each violation involving LNG\nfacilities, an additional penalty of not more than $94,128 occurring on or after January 6, 2023 and\nbefore December 28, 2023 may be imposed. For each violation involving LNG facilities, an\nadditional penalty of not more than $87,362 occurring on or after March 21, 2022 and before\ny han 57,362\nJanuary 6, 2023 may be imposed. For each violation involving LNG facilities, an additional\npenalty of not more than $82,245 occurring on or after May 3, 2021 and before March 21, 2022\nmay be imposed. For each violation involving LNG facilities, an additional penalty of not more\nthan $81,284 occurring on or after January 11, 2021 and before May 3, 2021 may be imposed. For\neach violation involving LNG facilities, an additional penalty of not more than $79,875 occurring\non or after July 31, 2019 and before January 11, 2021 may be imposed. For each violation\ninvolving LNG facilities, an additional penalty of not more than $77,910 occurring on or after\nNovember 27, 2018 and before July 31,2019 may be imposed.\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\nDistrigas of Massachusetts, LLC, being subject to additional enforcement action.\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2024-035-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,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Eamon Partos, PE, Principal Compliance Specialist, eamon.partos@constellation.com","truncated":false,"body_characters":7175}