{"operation":"document","citation":"CPF 520090003W","title":"TESORO REFINING & MARKETING COMPANY, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-01-06","effective_on":null,"summary":"CLOSED warning letter citing 192.463(a), 192.739(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520090003W","body":"Warning Letter involving TESORO REFINING & MARKETING COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 192.463(a),  192.739(a). The case was opened on 2009-01-06 and is reported as closed as of 2009-01-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520090003W_warning letter_01062009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090003W/520090003W_warning%20letter_01062009.pdf\n\n520090003W_warning letter_01062009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090003W/520090003W_warning%20letter_01062009_text.pdf\n\n520090003W_warning letter_01062009_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 6, 2009\nMr. Michael McCann\nVice President of Pipeline and Terminals\nTesoro Refining and Marketing Company\n300 Concord Plaza Drive\nSan Antonio, TX 78216-6999\nCPF 5-2009-0003W\nDear Mr. McCann:\nOn September 9-11, 2008, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nTesoro Refining and Marketing Company’s procedures for Operations and Maintenance\nManuals and records for pipeline facilities in Wilmington, California.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violations are:\n\n\n\n1. §192.463 External corrosion control: Cathodic protection.\n(a) Each cathodic protection system required by this subpart must provide a level\nof cathodic protection that complies with one or more of the applicable criteria\ncontained in Appendix D of this part. If none of these criteria is applicable, the\ncathodic protection system must provide a level of cathodic protection at least\nequal to that provided by compliance with one or more of these criteria.\nPipe to soil monitoring tests conducted by Tesoro’s contractor, Allied Corrosion\nIndustries, on September 8, 2008 indicated insufficient cathodic protection on this\npipeline. Cathodic protection levels did not meet the required criteria established in\nAppendix D of 49 CFR Part 192.\n2. §192.739 Pressure limiting and regulating stations: Inspection and testing\n(a) Each pressure limiting station, relief device (except rupture discs), and\nPressure\nregulating station and its equipment must be subjected at intervals not exceeding\n15 months, but at least once each calendar year, to inspections and tests to\ndetermine that it is–\n(1) In good mechanical condition;\n(2) Adequate from the standpoint of capacity and reliability of operation for the\nservice in which it is employed;\n(3) Except as provided in paragraph (b) of this section, set to control or relieve at\nthe correct pressure consistent with the pressure limits of §192.201(a);; and\n(4) Properly installed and protected from dirt, liquids, or other conditions that\nmight prevent proper operation.\nThere are two pressure relief devices protecting this pipeline segment, one at each end.\nTesoro last inspected the one at the Los Angeles Refinery end on 1/10/2005 but could\nnot produce documentation for inspecting the other one located near the Sulfur\nRecovery Plant. Tesoro claims the pressure safety devices are under refinery control\nand they are inspected once every four years. Due to low operating pressure, it is\nunlikely the pipeline pressure exceeds the maximum allowable operating pressure\n(MAOP). Nevertheless, if the safety devices are designed to protect this pipeline,\nTesoro must ensure that these protection devices are inspected once each calendar year\nbut at intervals not exceeding 15 months.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of $1,000,000\nfor any related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement\naction or penalty assessment proceedings at this time. We advise you to correct the item\n2\n\n\n\nidentified in this letter. Failure to do so will result in Breitburn Energy Corp. being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2009-0003W. 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 portion\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\n3","truncated":false,"body_characters":5079}