{"operation":"document","citation":"CPF 52021041NOA","title":"TESORO REFINING & MARKETING COMPANY, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-08-26","effective_on":null,"summary":"CLOSED notice of amendment citing 192.905(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021041noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021041noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021041noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021041NOA","body":"Notice of Amendment involving TESORO REFINING & MARKETING COMPANY, LLC. PHMSA's enforcement data identifies the cited regulation as 192.905(c). The case was opened on 2021-08-26 and is reported as closed as of 2021-10-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021041NOA_Closure Letter_10062021_(21-199494).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021041NOA/52021041NOA_Closure%20Letter_10062021_(21-199494).pdf\n\n52021041NOA_Closure Letter_10062021_(21-199494)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021041NOA/52021041NOA_Closure%20Letter_10062021_(21-199494)_text.pdf\n\n52021041NOA_Notice of Amendment_08262021_(21-199494).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021041NOA/52021041NOA_Notice%20of%20Amendment_08262021_(21-199494).pdf\n\n52021041NOA_Notice of Amendment_08262021_(21-199494)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021041NOA/52021041NOA_Notice%20of%20Amendment_08262021_(21-199494)_text.pdf\n\n52021041NOA_Operator Response to Notice and Request for Hearing and Statement of Issues_09232021_(21-199494).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021041NOA/52021041NOA_Operator%20Response%20to%20Notice%20and%20Request%20for%20Hearing%20and%20Statement%20of%20Issues_09232021_(21-199494).pdf\n\n52021041NOA_Notice of Amendment_08262021_(21-199494)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA E-MAIL TO MR. SHAWN LYON\nAugust 26, 2021\nMr. Shawn Lyon\nPresident\nMarathon Pipe Line\n539 S Main Street\nFindlay, OH 45840\nCPF 5-2021-041-NOA\nDear Mr. Lyon:\nFrom June 22 to June 23, 2021, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Marathon Pipe\nLine’s procedures for Class Location and HCA Identification for Marathon Pipe Line Gas Transmission\nPipeline Process (MPL-DOT-00671-PRS) in Los Angeles, California.\nOn the basis of the inspection, PHMSA has identified an apparent inadequacy found within Marathon\nPipe Line’s plans or procedures, as described below:\n1. §192.905 How does an operator identify a high consequence area?\n(a) …\n(c) Newly identified areas. When an operator has information that the area around a\npipeline segment not previously identified as a high consequence area could satisfy any of\nthe definitions in §192.903, the operator must complete the evaluation using method (1) or\n(2). If the segment is determined to meet the definition as a high consequence area, it must\nbe incorporated into the operator's baseline assessment plan as a high consequence area\nwithin one year from the date the area is identified.\nMarathon Pipe Line’s procedures are inadequate to assure safe operation of a pipeline facility.\nSpecifically, Marathon’s procedure entitled Class Location and High Consequence Area (HCA)\nIdentification for MPL Gas Transmission Pipelines Process does not contain a requirement that all newly\nidentified HCAs be incorporated into its baseline assessment plan within 1 year from the date of\nidentification. Marathon must amend its procedures to explicitly include this requirement.1\n1 PHMSA also notes that this line should undergo continuous monitoring pursuant to Section 2.2. of the above-\nreferenced procedures from the knock out drum in the Los Angeles Refinery to the end of the line in the Sulfur\nRecovery Plant.\n\n\n\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as part of\nthis Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you submit in\nresponse to this enforcement 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), along with\nthe complete original document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised procedures, or\na request for a hearing under §190.211. If you do not respond within 30 days of receipt of this Notice,\nthis constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and\nto issue an Order Directing Amendment. If your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R.\n§ 190.206). If you are not contesting this Notice, we propose that you submit your amended procedures\nto my office within 90 days of receipt of this Notice. This period may be extended by written request for\ngood cause. Once the inadequacies identified herein have been addressed in your amended procedures,\nthis enforcement action will be closed.\nIt is requested (not mandated) that Marathon Pipe Line maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Dustin Hubbard, Director, Western Region, Pipeline and Hazardous\nMaterials Safety Administration. In correspondence concerning this matter, please refer to CPF 5-2021-\n041-NOA and, for each document you submit, please provide a copy in electronic format whenever\npossible.\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 J. Gilliam, J. Luo (#21-199494)\n2\n\n52021041NOA_Closure Letter_10062021_(21-199494)_text.pdf\n\nVIA E-MAIL TO MR. SHAWN LYON\nOctober 6, 2021\nMr. Shawn Lyon\nPresident\nMarathon Pipe Line\n539 S. Main Street\nFindlay, OH 45840\nCPF 5-2021-041-NOA\nClosure Letter\nDear Mr. Lyon:\nFrom June 22 to June 23, 2021, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nMarathon Pipe Line’s procedures for Class Location and HCA Identification for Marathon Pipe\nLine Gas Transmission Pipeline Process (MPL-DOT-00671-PRS) in Los Angeles, California.\nAs a result of the inspection, Marathon was issued a Notice of Amendment (Notice) on August\n26, 2021 that proposed revision of the above-referenced procedure to include the requirement\nthat all newly-identified HCAs be incorporated into its baseline assessment plan within 1 year\nfrom the date of identification pursuant to 49 C.F.R. § 192.905(c)(2).\nMarathon responded to the Notice by letter dated September 23, 2021 (Response). The company\ncontested the allegation that its procedure was inadequate to assure safe operation of a pipeline\nfacility and requested a hearing. In its Response, Marathon provided a different procedure\ncontaining the § 192.905(c)(2) requirement.\nPHMSA has reviewed this procedure – Marathon Pipe Line Natural Gas Integrity Management\nPlan Governing Standard (MPL-DOT-01432-POL) and agrees that it does contain the 1-year\nrequirement set forth in § 192.905(c)(2). Thank you for providing this procedure. During future\ninspections, please provide all procedures relevant to determining compliance. § 190.203.\nIn closing, Marathon may wish to consider shortening its Comprehensive Verification Survey\ninterval in Section 2.4 of its Class Location and HCA Identification for Marathon Pipe Line Gas\nTransmission Pipeline Process (MPL-DOT-00671-PRS) procedure. Although the company\nutilizes continuous monitoring per Section 2.2, the field verification survey to validate all\nexisting HCA/MCA and class location boundaries is conducted at a minimum of once every fifth\ncalendar year. In Advisory Bulletin ADB 2016-07, PHMSA noted that “if operators review class\nlocation and PIR data on an annual basis as a part of their IM programs, the accuracy of HCA\ndeterminations will be greatly improved.” Timely identifying HCAs is important in mitigating\n\n\n\nthe consequences of pipeline failures and reducing the risk of harm to the public, property,\nand/or environment.\nThis case is now closed. Thank you for your cooperation.\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)\n2","truncated":false,"body_characters":8750}