{"operation":"document","citation":"CPF 52021027WL","title":"ALON BAKERSFIELD PROPERTY, INC. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-06-11","effective_on":null,"summary":"CLOSED warning letter citing 191.22(c)(2)(iii).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021027wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021027wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021027wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021027WL","body":"Warning Letter involving ALON BAKERSFIELD PROPERTY, INC.. PHMSA's enforcement data identifies the cited regulation as 191.22(c)(2)(iii). The case was opened on 2021-06-11 and is reported as closed as of 2021-06-11. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021027WL_Warning Letter_06112021_(20-172629).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021027WL/52021027WL_Warning%20Letter_06112021_(20-172629).pdf\n\n52021027WL_Warning Letter_06112021_(20-172629)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021027WL/52021027WL_Warning%20Letter_06112021_(20-172629)_text.pdf\n\n52021027WL_Warning Letter_06112021_(20-172629)_text.pdf\n\nWARNING LETTER\nVIA E-MAIL TO MR. RICHARD PALMER\nJune 11, 2021\nMr. Richard Palmer\nCEO - Global Clean Energy Holdings\nAlon Bakersfield Property, Inc.\n2792 Skypark Drive, #105\nTorrance, CA 90505\nCPF 5-2021-027-WL\nDear Mr. Palmer:\nOn May 11, 2021, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected\nyour pipeline system in Bakersfield, California. The inspection was done virtually due to the idle\nstatus of the pipeline since 2014. Only record questions were reviewed for CP, patrolling,\ngeneral valve maintenance, and required notifications.\nAs a result of the inspection, it is alleged that you have committed probable violation(s) of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violation(s) are:\n1. § 191.22 - National Registry of Pipeline and LNG operators.\n(c) Changes. Each operator of a gas pipeline, gas pipeline facility, underground\nnatural gas storage facility, LNG plant, or LNG facility must notify PHMSA\nelectronically through the National Registry of Pipeline, Underground Natural Gas\nStorage Facility, and LNG Operators at http://opsweb.phmsa.dot.gov of certain\nevents.\n(2) An operator must notify PHMSA of any of the following events not later than 60\ndays after the event occurs:\n(iii) A change in the entity (e.g., company, municipality) responsible for an existing\npipeline, pipeline segment, pipeline facility, underground natural gas storage\nfacility, or LNG facility;\nnull\n\n\n\nOn May 7, 2020, Delek US Holdings, Inc. sold Alon Bakersfield Property, Inc. to Bakersfield\nRenewable Fuels, LLC, an affiliate of GCEH Global Clean Energy Holdings, Inc. The required\nnotification for this change of ownership was to be made within 60 days of May 7, 2020;\nhowever, the notification was not completed until March 12, 2021.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a\nrelated series of violations. For violation occurring on or after July 31, 2019 and before January\n11, 2021, the maximum penalty may not exceed $218,647 per violation per day the violation\npersists, up to a maximum of $2,186,465 for a related series of violations. For violation\noccurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may\nnot exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\nFor violation occurring on or after November 2, 2015 and before November 27, 2018, the\nmaximum penalty may not exceed $209,002 per violation per day, with a maximum penalty not\nto exceed $2,090,022.\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\nAlon Bakersfield Property, Inc. 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 5-2021-027-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\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Gilliam (#20-172629)","truncated":false,"body_characters":4696}