{"operation":"document","citation":"CPF 52021042WL","title":"BULLDOG GAS & POWER LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-08-24","effective_on":null,"summary":"CLOSED warning letter citing 192.479(a), 192.481(a), 192.491(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021042wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021042wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021042wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021042WL","body":"Warning Letter involving BULLDOG GAS & POWER LLC. PHMSA's enforcement data identifies the cited regulations as 192.479(a),  192.481(a),  192.491(c). The case was opened on 2021-08-24 and is reported as closed as of 2021-08-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021042WL_Warning Letter_08242021_(21-199908).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021042WL/52021042WL_Warning%20Letter_08242021_(21-199908).pdf\n\n52021042WL_Warning Letter_08242021_(21-199908)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021042WL/52021042WL_Warning%20Letter_08242021_(21-199908)_text.pdf\n\n52021042WL_Warning Letter_08242021_(21-199908)_text.pdf\n\nWARNING LETTER\nVIA E-MAIL TO MR. NICHOLAS FARROS\nAugust 24, 2021\nMr. Nicholas Farros\nCEO/President\nBulldog Gas & Power LLC\n890 Waterbird Way\nMartinez, CA 94553\nCPF 5-2021-042-WL\nDear Mr. Farros:\nFrom June 14, 2021 through June 17, 2021, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected your Bulldog Gas & Power, LLC land fill methane transmission line located\nin Martinez, California.\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 inspected\nand the probable violations are:\n1. § 192.479 - Atmospheric corrosion control: General.\n(a) Each operator must clean and coat each pipeline or portion of pipeline that is\nexposed to the atmosphere, except pipelines under paragraph (c) of this section.\n§ 192.481 - Atmospheric corrosion control: Monitoring.\n(a) Each operator must inspect each pipeline or portion of pipeline that is exposed to\nthe atmosphere for evidence of atmospheric corrosion, as follows:\n\n\n\nPipeline type: Then the frequency of inspection is:\n(1) Onshore other than a\nService Line\nAt least once every 3 calendar years, but with intervals not\nexceeding 39 months.\n(2) Onshore Service Line At least once every 5 calendar years, but with intervals not\nexceeding 63 months, except as provided in paragraph (d) of\nthis section.\n(3) Offshore At least once each calendar year, but with intervals not\nexceeding 15 months.\nBulldog Gas & Power’s procedure cited 192.481(a) for Atmospheric Corrosion Monitoring at the\nrequired frequency but stated there were no underground metallic piping. Valves were found to\nhave a metallic flange and body that was exposed to the atmosphere and heavily corroded.\nBulldog Gas & Power did not consider valve exposure to the atmosphere in underground vaults.\nBulldog Gas & Power was not performing adequate atmospheric corrosion inspection on each\npipeline or portion of pipeline that is exposed to the atmosphere. The inspection must be\nconducted so any evidence of atmospheric corrosion can be evaluated.\n2. § 192.491 - Corrosion control records.\n(c) Each operator shall maintain a record of each test, survey, or inspection\nrequired by this subpart in sufficient detail to demonstrate the adequacy of\ncorrosion control measures or that a corrosive condition does not exist. These\nrecords must be retained for at least 5 years, except that records related to\n§§ 192.465 (a) and (e) and 192.475(b) must be retained for as long as the pipeline\nremains in service.\nBulldog Gas & Power did not consider valve exposure to the atmosphere in underground vaults.\nValves were found to have a metallic flange and body that was exposed to the atmosphere and\nheavily corroded. No record of atmospheric corrosion inspection was found to show monitoring\never took place.\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\nrelated series of violations. For violation occurring on or after January 11, 2021 and before May\n3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation\npersists, up to a maximum of $2,225,034 for a related series of violations. For violation\noccurring on or after July 31, 2019 and before January 11, 2021, the maximum penalty may not\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for\na related series of violations. For violation occurring on or after November 27, 2018 and before\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,\n2015 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.\n2\n\n\n\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 items identified in this letter. Failure to do so will result in\nBulldog Gas and Power 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 5-2021-042-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. Luo, C. Cordova (#21-199908)\n3","truncated":false,"body_characters":5974}