{"operation":"document","citation":"CPF 520196010W","title":"MARATHON PIPE LINE (WEST) — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-12-12","effective_on":null,"summary":"CLOSED warning letter citing 195.446(j)(1), 195.581(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520196010w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520196010w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520196010w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520196010W","body":"Warning Letter involving MARATHON PIPE LINE (WEST). PHMSA's enforcement data identifies the cited regulations as 195.446(j)(1),  195.581(b). The case was opened on 2019-12-12 and is reported as closed as of 2019-12-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520196010W_Warning Letter_12122019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520196010W/520196010W_Warning%20Letter_12122019.pdf\n\n520196010W_Warning Letter_12122019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520196010W/520196010W_Warning%20Letter_12122019_text.pdf\n\n520196010W_Warning Letter_12122019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 12, 2019\nMr. Shawn Lyon\nPresident\nMarathon Pipe Line LLC\n200 East Hardin Street\nFindlay, Ohio 45840\nCPF 5-2019-6010W\nDear Mr. Lyon:\nBetween November 27, 2018 and August 15, 2019, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.), inspected your1 Middle Ground Shoal crude oil pipeline (MGS) in\nNikiski, Alaska.\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:\n1 At the beginning of the inspection Tesoro Alaska Pipeline Company LLC was the operator of the MGS\npipeline.\n\n\n\n1. § 195.446 Control room management.\n(a) …\ninspection:\n(j) Compliance and deviations. An operator must maintain for review during\n(1) Records that demonstrate compliance with the requirements of this section;\nTesoro Logistics Operations, LLC’s (TLO) records were inadequate because they were\nincomplete and lacked sufficient information to demonstrate the following tasks were\ncompleted as required:\n Test any backup SCADA systems at least once each calendar year, but at intervals\nnot to exceed 15 months as required by § 195.446(c)(4), and;\n Review the alarm management plan required by § 195.446(e) to determine the\neffectiveness of the plan, as required by § 195.446(e)(4).\nThe 2018 “BCC (Backup Control Center) Test Critique Form” was not dated, therefore it is\nnot possible to verify the TLO completed the test within the time frame required by\n§ 195.446(c)(4).\nThe 2017 and 2018 “Control Room Management Review” records were incomplete. The\nreviewer did not make an indication in “Were Controllers interviewed?” boxes on page 3.\nThe records were left blank under the sections titled “Reviewed Findings and Action Items”\nand “Documentation and Systems Affected by Changes.” The reviews were cursory and not\nsufficient to determine the effectiveness of the plan.\n2. § 195.581 Which pipelines must I protect against atmospheric corrosion and what\ncoating material may I use?\n(a) …\ncorrosion.\n(b) Coating material must be suitable for the prevention of atmospheric\nThe polyethylene wrap was not adhered to the MGS pipeline where it transitions from above-\ngrade to below-grade at the pig launcher site.\nThis deficiency was documented in an API-570 Visual Inspection Report completed in\nFebruary 2017 by HSI Group Inc. The report recommended review, and potential\nremediation, of this atmospheric corrosion issue. This issue was still existing during the\nAugust 2019 field observations and TLO had no documentation to demonstrate the findings\nand recommendations from the API-570 report were reviewed or implemented.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465\nfor a related series of violations. For violation occurring on or after November 27, 2018 and\n2\n\n\n\nbefore July 31, 2019, the maximum penalty may not exceed $213,268 per violation per day,\nwith a maximum penalty not to exceed $2,132,679. For violation occurring on or after\nNovember 2, 2015 and before November 27, 2018, the maximum penalty may not exceed\n$209,002 per violation per day, with a maximum penalty not to exceed $2,090,022. For\nviolations occurring prior to November 2, 2015, the maximum penalty may not exceed\n$200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for a\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or\npenalty assessment proceedings at this time. We advise you to correct the items identified in\nthis letter. Failure to do so will result in Marathon Pipe Line LLC being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2019-6010W. 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. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 G. St. Pierre (# 162677)\nAlonso Rodriguez (via electronic mail)\nAndy Richardson (via electronic mail)\nJuliana Galvis (via electronic mail)\n3","truncated":false,"body_characters":5615}