{"operation":"document","citation":"CPF 52024039NOPV","title":"TRANSMONTAIGNE OPERATING COMPANY L.P. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-12-06","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.605(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024039nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024039nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024039nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52024039NOPV","body":"Notice of Probable Violation involving TRANSMONTAIGNE OPERATING COMPANY L.P.. PHMSA's enforcement data identifies the cited regulation as 192.605(b)(1). The case was opened on 2024-12-06 and is reported as closed as of 2025-07-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52024039NOPV_Final Order_07222025_(24-297378).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024039NOPV/52024039NOPV_Final%20Order_07222025_(24-297378).pdf\n\n52024039NOPV_Final Order_07222025_(24-297378)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024039NOPV/52024039NOPV_Final%20Order_07222025_(24-297378)_text.pdf\n\n52024039NOPV_Operator Response to Notice_01062025_(24-297378).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024039NOPV/52024039NOPV_Operator%20Response%20to%20Notice_01062025_(24-297378).pdf\n\n52024039NOPV_PCO_12062024_(24-297378).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024039NOPV/52024039NOPV_PCO_12062024_(24-297378).pdf\n\n52024039NOPV_PCO_12062024_(24-297378)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024039NOPV/52024039NOPV_PCO_12062024_(24-297378)_text.pdf\n\n52024039NOPV_Final Order_07222025_(24-297378)_text.pdf\n\nJuly 22, 2025\nVIA ELECTRONIC MAIL TO: smongold@transmontaigne.com\nShawn Mongold\nExecutive Vice President, Chief Operating Officer\nTransMontaigne Operating Company L.P.\n1670 Broadway, Suite 3100\nDenver, Colorado 80202\nRe: CPF No. 5-2024-039-NOPV\nDear Mr. Mongold:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and finds that the proposed actions to comply with the pipeline safety regulations have\nbeen completed. This case is now closed. Service of the Final Order by e-mail is effective upon\nthe date of transmission and acknowledgement of receipt as provided under 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nActing Associate Administrator\nfor Pipeline Safety\nEnclosures (Final Order and NOPV)\ncc: Dustin Hubbard, Director, Western Region, Office of Pipeline Safety\nEdward Luebke, Senior Vice President, TransMontaigne Operating Company L.P.,\neluebke@transmontaigne.com\nMichael Hammell, Senior Vice President, Legal, TransMontaigne Operating Company\nL.P., mhammell@transmontaigne.com\nGary Delafosse, Director of Operations, TransMontaigne Operating Company L.P.,\ngdelafosse@transmontaigne.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nTransMontaigne Operating ) CPF No. 5-2024-039-NOPV\nCompany L.P., )\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn December 6, 2024, pursuant to 49 CFR § 190.207, the Director, Western Region, Office of\nPipeline Safety (OPS), issued a Notice of Probable Violation and Proposed Compliance Order\n(Notice) to TransMontaigne Operating Company L.P. (Respondent). The Notice proposed\nfinding that Respondent had violated the pipeline safety regulations in 49 CFR Part 192 and\nproposed certain measures to correct the violation. Respondent did not contest the allegation of\nviolation or corrective measures.\nBased upon a review of all of the evidence, pursuant to section 190.213, I find Respondent\nviolated the pipeline safety regulation listed below, as more fully described in the enclosed\nNotice, which is incorporated by reference:\n49 CFR § 192.605(b)(1) (Item 1) ─ Respondent failed to include procedures for\ngas odorization in its procedural manual for operating, maintaining, and repairing\nthe pipeline.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nThe Director has indicated that Respondent completed the actions proposed in the Notice to\ncorrect the violation. Therefore, it is not necessary to include the proposed compliance terms in\nthis Final Order.\nThe terms and conditions of this order are effective upon service in accordance with 49 CFR\n§ 190.5.\n__________________________________ _________________________\nLinda Daugherty Date Issued\nActing Associate Administrator\nfor Pipeline Safety\n\n\n\nNOTICE OF PROBABLE VIOLATION\nand\nPROPOSED COMPLIANCE ORDER\nVIA ELECTRONIC MAIL TO: eluebke@transmontaigne.com\nDecember 6, 2024\nMr. Edward Luebke\nV.P. of Pipeline Operations\nTransMontaigne Operating Company L.P.\n1670 Broadway, Ste. 3100\nDenver, CO 80202\nCPF 5-2024-039-NOPV\nDear Mr. Luebke:\nFrom April 8 through May 10, 2024, a representative of the California Public Utilities\nCommission (CPUC), on behalf of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected Transmontaigne Operating Company L.P.’s (Transmontaigne) Martinez\nnatural gas distribution pipeline in Martinez, California.\nAs a result of the inspection, it is alleged that Transmontaigne has committed probable violations\nof the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items\ninspected and the probable violations are:\n1. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n\n\n\n(a) …\n(b) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of\nthe requirements of this subpart and subpart M of this part.\nTransmontaigne failed to include in its manual a procedure for operating, maintaining, and\nrepairing the pipeline in accordance with each requirement in Subpart L. Specifically, at the time\nof inspection, CPUC reviewed Transmontaigne’s Operation, Maintenance, and Emergency\nProcedure Manual. However, the manual did not have procedures for gas odorization required by\n§ 192.625 - Odorization of Gas.1\nTherefore, TransMontaigne failed to include in its Operation, Maintenance, and Emergency\nProcedure Manual a procedure related to odorization of gas and is in violation of § 192.625.\nProposed Civil Penalty\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a\nrelated series of violations. For violation occurring on or after January 6, 2023 and before\nDecember 28, 2023, the maximum penalty may not exceed $257,664 per violation per day the\nviolation persists, up to a maximum of $2,576,627 for a related series of violations. For violation\noccurring on or after March 21, 2022 and before January 6, 2023, the maximum penalty may not\nexceed $239,142 per violation per day the violation persists, up to a maximum of $2,391,412 for\na related series of violations. For violation occurring on or after May 3, 2021 and before March\n21, 2022, the maximum penalty may not exceed $225,134 per violation per day the violation\npersists, up to a maximum of $2,251,334 for a related series of violations. For violation\noccurring on or after January 11, 2021 and before May 3, 2021, the maximum penalty may not\nexceed $222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for\na 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\nviolation persists, 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.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to propose a civil penalty assessment at this time.\nProposed Compliance Order\nWith respect to item 1, pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous Materials\nSafety Administration proposes to issue a Compliance Order to Transmontaigne Operating\nCompany L.P. Please refer to the Proposed Compliance Order, which is enclosed and made a\npart of this Notice.\n1 See, Exhibit A1, Transmontaigne Operating Company L.P. 6” PG&E Operations, Maintenance and Emergency\nProcedures Manual.\n\n\n\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators\nin Enforcement Proceedings. Please refer to this document and note the response options. All\nmaterial you submit in response to this enforcement action may be made publicly available. If\nyou believe that any portion of your responsive material qualifies for confidential treatment\nunder 5 U.S.C. §552(b), along with the complete original document you must provide a second\ncopy of the document with the portions you believe qualify for confidential treatment redacted\nand an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. § 552(b).\nFollowing your receipt of this Notice, you have 30 days to respond as described in the enclosed\nResponse Options. If you do not respond within 30 days of receipt of this Notice, this constitutes\na 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\nyou and to issue a Final Order. If you are responding to this Notice, we propose that you submit\nyour correspondence to my office within 30 days from receipt of this Notice. The Region\nDirector may extend the period for responding upon a written request timely submitted\ndemonstrating good cause for an extension.\nIn your correspondence on this matter, please refer to CPF 5-2024-039-NOPV and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Enforcement Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 T. Dickey (#24-297378)\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Transmontaigne Operating Company L.P. a\nCompliance Order incorporating the following remedial requirements to ensure the compliance\nof Transmontaigne with the pipeline safety regulations:\nA. B. In regard to Item 1 of the Notice pertaining to Transmontaigne’s failure to include in\nits Manual a written procedures related to odorization of gas, Transmontaigne must\ncomplete the following items within 90 days of receipt of the Final Order and submit\nthis documentation to the Director, Western Region:\n1) Prepare and follow a written procedures for the odorization of gas and\nmethods for testing, in compliance with the requirements stated in § 192.625\n- Odorization of Gas,\n2) Ensure that the written procedure includes a form to document that periodic\ngas sampling has been conducted using an instrument capable of determining\nthe percentage of gas in air at which the odor becomes readily detectable.\nThe form should include the name of the person who conducted the test and\nindicate whether the test passed or failed in accordance with the written\nprocedure.\nIt is requested (not mandated) that Transmontaigne maintain documentation of the\nsafety improvement costs associated with fulfilling this Compliance Order and\nsubmit the total to Dustin Hubbard, Director, Western Region, Pipeline and\nHazardous Materials Safety Administration. It is requested that these costs be\nreported in two categories: 1) total cost associated with preparation/revision of plans,\nprocedures, studies and analyses, and 2) total cost associated with replacements,\nadditions and other changes to pipeline infrastructure.","truncated":false,"body_characters":12099}