{"operation":"document","citation":"CPF 520200005W","title":"TRANSMONTAIGNE OPERATING COMPANY L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-03-16","effective_on":null,"summary":"CLOSED warning letter citing 192.491(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520200005w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520200005w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520200005w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520200005W","body":"Warning Letter involving TRANSMONTAIGNE OPERATING COMPANY L.P.. PHMSA's enforcement data identifies the cited regulation as 192.491(a). The case was opened on 2020-03-16 and is reported as closed as of 2020-03-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520200005W_Warning Letter_03162020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520200005W/520200005W_Warning%20Letter_03162020.pdf\n\n520200005W_Warning Letter_03162020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520200005W/520200005W_Warning%20Letter_03162020_text.pdf\n\n520200005W_Warning Letter_03162020_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 16, 2020\nMr. Edward Luebke\nVice President Pipeline Operations\nTransMontaigne Operating Company L.P.\n1670 Broadway, Suite 3100\nDenver, CO, 80202\nCPF 5-2020-0005W\nDear Mr. Luebke:\nOn October 21 through 24, 2019, a representative of the California Public Utilities\nCommission (CPUC) on behalf of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected the\nTransMontaigne Operating Company L.P. (TransMontaigne) gas distribution system\nprocedures and records.\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 item\ninspected and the probable violations is:\n1. § 192.491 Corrosion control records.\n(a) Each operator shall maintain records or maps to show the location of\ncathodically protected piping, cathodic protection facilities, galvanic anodes,\nand neighboring structures bonded to the cathodic protection system.\n\n\n\n(b) Records or maps showing a stated number of anodes, installed in a stated\nmanner or spacing, need not show specific distances to each buried anode.\nTransMontaigne failed to maintain a map to show the locations of the pipeline and facilities\nlisted in §192.491(a).\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\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 item identified in\nthis letter. Failure to do so will result in Coalinga being subject to additional enforcement\naction.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2020-0005W. 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 J. Dunphy (#165833)\nTerrence Eng, Program Manager, Gas Safety and Reliability Branch\nCalifornia Public Utilities Commission\n2","truncated":false,"body_characters":4086}