{"operation":"document","citation":"CPF 520190010W","title":"LONG BEACH GAS DEPT, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-02-07","effective_on":null,"summary":"CLOSED warning letter citing 192.353(a), 192.491(c), 192.707(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190010w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190010w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190010w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520190010W","body":"Warning Letter involving LONG BEACH GAS DEPT, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.353(a),  192.491(c),  192.707(c). The case was opened on 2019-02-07 and is reported as closed as of 2019-02-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520190010W_Warning Letter_02072019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190010W/520190010W_Warning%20Letter_02072019.pdf\n\n520190010W_Warning Letter_02072019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190010W/520190010W_Warning%20Letter_02072019_text.pdf\n\n520190010W_Warning Letter_02072019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 7, 2019\nMr. Robert Dowell\nDirector\nCity of Long Beach Gas & Oil\n2400 East Spring Street\nLong Beach, CA 90806-2285\nCPF 5-2019-0010W\nDear Mr. Dowell:\nFrom July 16 through 20, 2018, representatives of the California Public Utilities Commission\n(CPUC) on behalf of the Pipeline and Hazardous Materials Safety Administration (PHMSA)\npursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected your City of Long Beach\nGas & Oil (LBGO) procedures, records and facilities for the natural gas distribution system in\nLong Beach, California.\nBased on our inspection findings, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The deficiencies\nnoted and the probable regulatory violations are:\n1. §192.353(a) Customer meters and regulators: Location.\n(a) Each meter and service regulator whether inside or outside a building, must be\ninstalled in a readily accessible location and be protected from corrosion and other\ndamage, including, if installed outside a building, vehicular damage that may be\nanticipated. However, the upstream regulator in a series may be buried.\n\n\n\nLBGO did not provide adequate protection from vehicular traffic for the customer meters at 21\nA. Roswell Avenue, Alley and 17 Bennet Avenue. These unprotected meters could be damaged\nby a vehicle in the vicinity.\n2. §192.491(c) Corrosion control records.\n(a) …\n(c) Each operator shall maintain a record of each test, survey, or inspection\nrequired by this subpart in sufficient detail to demonstrate the adequacy of\ncorrosion control measures or that corrosive condition does not exist. These records\nmust be retained for at least 5 years, except that records related to §192.465 (a) and\n(e) and §192.475(b) must be retained for as long as the pipeline remains in service.\nAt the time of the inspection, LBGO did not provide records that demonstrate how the 100\nmillivolt shift cathodic protection acceptance criteria was established and periodically re-\nevaluated. LBGO also failed to provide records that demonstrate how cathodic protection\nmonitoring test points were selected.\n3. §192.707 Line markers for mains and transmission lines.\n(a) …\n(c) Pipelines aboveground. Line markers must be placed and maintained along each\nsection of a main and transmission line that is located aboveground in an area\naccessible to the public.\nLBGO failed to either place and/or maintain line markers along sections of aboveground\npipelines located in areas accessible to the public at the following bridge and span locations:\n Los Cerritos Channel and Anaheim Road\n Palo Verde Road and Willow Street Span No. 15\n Span No. 37\n Span No. 15\n 7th St. and N. Studebaker Road\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$213,268 per violation per day the violation persists, up to a maximum of $2,132,679 for a\nrelated series of violations. 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\na maximum penalty not to exceed $2,090,022. For violations occurring prior to November 2,\n2015, the maximum penalty may not exceed $200,000 per violation per day, with a maximum\npenalty not to exceed $2,000,000 for a related series of violations.\n2\n\n\n\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 items identified in this letter. Failure to do so will result in\nLBGO being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2019-0010W. 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\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nChris Hoidal\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 N. Cruz (#163435)\n3","truncated":false,"body_characters":5254}