{"operation":"document","citation":"CPF 52021036WL","title":"TESORO REFINING & MARKETING COMPANY, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-08-26","effective_on":null,"summary":"CLOSED warning letter citing 191.17(a), 192.147(a), 192.465(a), 192.479(a), 192.743(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021036wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021036wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021036wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021036WL","body":"Warning Letter involving TESORO REFINING & MARKETING COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 191.17(a),  192.147(a),  192.465(a),  192.479(a),  192.743(c). The case was opened on 2021-08-26 and is reported as closed as of 2021-08-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021036WL_Warning Letter_08262021_(21-199494).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021036WL/52021036WL_Warning%20Letter_08262021_(21-199494).pdf\n\n52021036WL_Warning Letter_08262021_(21-199494)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021036WL/52021036WL_Warning%20Letter_08262021_(21-199494)_text.pdf\n\n52021036WL_Warning Letter_08262021_(21-199494)_text.pdf\n\nWARNING LETTER\nVIA E-MAIL TO MR. SHAWN LYON\nAugust 26, 2021\nMr. Shawn Lyon\nPresident\nMarathon Pipe Line\n539 South Main Street\nFindlay, OH 45840\nCPF 5-2021-036-WL\nDear Mr. Lyon:\nFrom June 22, 2021 through June 23, 2021, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected\nyour Fuel Gas Line from the Los Angeles Refinery to the Sulfur Recovery Plant in Los Angeles,\nCalifornia.\nAs a result of the inspection, it is alleged that you have committed probable violations of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected and the probable\nviolations are:\n1. §192.743 Pressure limiting and regulating stations: Capacity of relief devices.\n(c) If a relief device is of insufficient capacity, a new or additional device must be installed\nto provide the capacity required by paragraph (a) of this section.\nPressure limiting devices must have sufficient capacity to protect the facilities to which they are\nconnected. This capacity must be determined at intervals not exceeding 15 months, but at least once each\ncalendar year, by testing the devices in place or by review and calculations. No pressure limiting devices\nwere present on the pipeline system. If operational parameters prevent the system from overpressuring, no\nrecords were provided to demonstrate this was the case.\n\n\n\n2. §191.17 Transmission systems; gathering systems; liquefied natural gas facilities; and\nunderground natural gas storage facilities: Annual report.\n(a) Transmission or Gathering. Each operator of a transmission or a gathering pipeline\nsystem must submit an annual report for that system on DOT Form PHMSA 7100.2.1. This\nreport must be submitted each year, not later than March 15, for the preceding calendar\nyear, except that for the 2010 reporting year the report must be submitted by June 15, 2011.\nComplete and accurate annual reports utilizing the most recent DOT Form PHMSA 7100.2.1 must be\nsubmitted each year. If an operator discovers an error in a submitted annual report, a supplemental report\nshould be filed. Review of the 2019 and 2020 annual reports showed total pipeline mileage listed as 0.5\nmiles. PHMSA representatives believe the correct pipeline length for the Fuel Gas Line should be larger\nthan 0.5 miles as the line should be regulated all the way from the knock out drum in the Los Angeles\nRefinery to the end of the line in the Sulfur Recovery Plant.\n3. §192.479 Atmospheric corrosion control: General.\n(a) Each operator must clean and coat each pipeline or portion of pipeline that is exposed to\nthe atmosphere, except pipelines under paragraph (c) of this section.\nAny portion of the pipeline that is exposed to the atmosphere must be adequately cleaned and coated.\nCoating material must be suitable for the prevention of atmospheric corrosion. Certain sections of the\nFuel Gas Line need to be cleaned and re-coated, especially the line segment within the Los Angeles\nRefinery (LAR) that is downstream of the knock out drum that Marathon Pipe Line incorrectly considers\nto be non-regulated.\n4. §192.465 External corrosion control: Monitoring.\n(a) Each pipeline that is under cathodic protection must be tested at least once each\ncalendar year, but with intervals not exceeding 15 months, to determine whether the\ncathodic protection meets the requirements of §192.463. However, if tests at those intervals\nare impractical for separately protected short sections of mains or transmission lines, not in\nexcess of 100 feet (30 meters), or separately protected service lines, these pipelines may be\nsurveyed on a sampling basis. At least 10 percent of these protected structures, distributed\nover the entire system must be surveyed each calendar year, with a different 10 percent\nchecked each subsequent year, so that the entire system is tested in each 10-year period.\nReview of structure PS, structure IRFO, and native readings showed adequate external corrosion control\nmonitoring for only the 0.5 mile portion of the Fuel Gas Line. However, the entire line needs to be under\ncathodic protection and external corrosion control monitoring, including the line segment extending back\nto the knock out drum in the Los Angeles Refinery.\n5. §192.147 Flanges and flange accessories.\n(a) Each flange or flange accessory (other than cast iron) must meet the minimum\nrequirements of ASME/ANSI B 16.5 and MSS SP-44 (incorporated by reference, see\n§192.7), or the equivalent.\nOperator had numerous areas where they did not follow ASME B16.5 Pipe Flanges and Flanged Fittings\nwhich is incorporated by reference in §192.7(c)(2). The equations used in this Nonmandatory Appendix\nare for calculated bolt lengths established to ensure full thread engagement of heavy hexagon nuts when\n2\n\n\n\nworst case tolerances occur on all relevant dimensions of the flanged joint. The use of shorter bolt lengths\nis acceptable provided that full thread engagement is obtained at assembly (see paragraph 6.10.2).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a related series\nof violations. For violation occurring on or after January 11, 2021 and before May 3, 2021, the maximum\npenalty may not exceed $222,504 per violation per day the violation persists, up to a maximum of\n$2,225,034 for a related series of violations. For violation occurring on or after July 31, 2019 and before\nJanuary 11, 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 occurring on or\nafter November 27, 2018 and before July 31, 2019, the maximum penalty may not exceed $213,268 per\nviolation per day, with 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 $209,002 per\nviolation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time. We advise\nyou to correct the items identified in this letter. Failure to do so will result in Marathon Pipe Line being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 5-\n2021-036-WL. Be advised that all material you submit in response to this enforcement action is subject\nto being made publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment 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, J. Luo (#21-199494)\n3","truncated":false,"body_characters":8107}