{"operation":"document","citation":"CPF 320025013","title":"FLINT HILLS RESOURCES, LC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-06-03","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.452(b)(2), 195.452(b)(6)(ii).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320025013.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320025013.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320025013","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320025013","body":"Notice of Probable Violation involving FLINT HILLS RESOURCES, LC. PHMSA's enforcement data identifies the cited regulations as 195.452(b)(2),  195.452(b)(6)(ii). The case was opened on 2002-06-03 and is reported as closed as of 2004-03-11. Proposed civil penalty: $5,000. Assessed civil penalty: $5,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320025013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320025013/320025013.pdf\n\n320025013_Final Order_11252003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320025013/320025013_Final%20Order_11252003.pdf\n\n320025013_Final Order_11252003.pdf\n\n?}\nU.S.Deporlment\nof Tronspotolion\nReseorchond\nSpeciol Progromt\nAdminislrolion\n400 Sevenlh St . S W\nWashrnglon. D.C 20590\nNoy 2 5 Li,iiJS\nMr. Patrick M. McCann\nPresident\nKoch Pipeline Company, LP\n411 1 East 37th Street North\nWichita, KS 67201\nRe: CPF No. 3-2002-5013\nDear Mr. McCann:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding of violation and assesses a civil penalty for the violation.\nI acknowledge yourwire transfer dated 1u1y2,2002 for $5,000 as paynrent in full ofthe civil penalty\nassessed in the Final Order.\nThe Final Order acknowledges your submission of amended procedures addressing the\ninadequacies cited in the Notice. As further actions are required with respect to amendment of your\nprocedures, this case remains open. Your receipt of the Final Order constitutes service of that\ndocument under 49 C.F.R. $ 190.5.\nSincerely,\nr-\nry Gwendolyn M. Hill\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON. DC 20590\nIn the Matter of\nKoch Pipeline Company, LP,\nRespondent.\n)\n)\n)\n)\n) CPF No. 3-2002-s013\nFINAL ORDER\nOn February 6 - 7 ,2002,the Director, Cenkal Region, Office of Pipeline Safety, issued Respondent\na Notice of Probable Violation, Proposed Civil Penalty, and Notice of Amendment (Notice). In\naccordance with 49 C.F.R. 5 190.207, the Notice proposed assessing a civil penalty of $5,000 for\nalleged violation of 49 C.F.R. S 195.452. The Notice also proposed that Respondent amend its\nIntegrity Management Program (MP) procedures. Respondent responded by letter dated July 3,\n2002 (Response) and did not contest the allegations, the amount of the proposed civil penalty, or the\nproposed amendment. Respondent submitted a wire transfer in the amount of the proposed civil\npenalty ($5,000), waiving further right to respond regarding the violation and civil penalty, and\nauthorizing the entry of this Final Order.\nFINDING OF VIOLATION\nPursuant to $ 190.209(aX1) and 49 U.S.C. 5 60122,I find that Respondent violated the following\nsection of 49 C.F.R. Part 195 as described more completely in the Notice:\n195.452(b)(2)-failing to identify all pipeline segments that could affect a high consequence\nareabyDecember 31,2001. Respondent didnot identifypipeline segments that could affect\ndrinking water resources (defined by $ 195.6) in Arkansas. Lack of National Pipeline\nMapping System (NPMS) data for that state did not excuse Respondent from the\nrequirement, as Respondent was ultimatelyresponsible for seeking and using alternative data\nsources where NPMS data was incomplete.\nThis finding will be considered a prior offense in any subsequent enforcement action against\nRespondent. I assess the civil penalty of $5,000, already paid by Respondent.\n\n\n\nt\nL\nAMENDMENT OF PROCEDURES\nThe Notice alleged inadequacies in Respondent's IMP procedures and proposed to require\namendment of Respondent's procedures to comply with the requirements of 49 C.F.R.\n$ $ 1 95.452(bX2) and 194.452(bx6xii) for identification ofpipeline segments that could affect a high\nconsequence atea. Respondent had utilized a buffer zone approach that failed to account for flow\nrates, response time, pipe diameter, and elevation when calculating spill volumes for crude oil.\nFurthermore, with regard to both crude oil and refined products, Respondent's buffer zone approach\ndid not account for overland transport.\nOn October 7, 2002, Respondent submitted copies of its revised procedures, which the Director,\nCentral Region, OPS reviewed. Accordingly, based on the results of this review, I find that\nRespondent's original procedures as described in the Notice were inadequate, but that Respondent\nhas corrected the identified inadequacies. No need exists to issue an order directing amendment.\nRespondent's October 7 ,2002 submission indicated that the revised IMP procedures required by the\nNotice would be implemented as part of Respondent's segment identification process and would be\ncomplete byDecember 31, 2002. Respondent shall submit a letter to the Director, Central\nRegion, OPS stating that the implementation of the revised segment identification process is\ncomplete.\nThis case will automatically close upon the Director, Central Region, OPS' acknowledgment of\ncompletion as attested to in the required letter.\nUnder 49 C.F.R. $ 1 90.21 5, Respondent has a right to submit a Petition for Reconsideration of this\nFinal Order. The petition must be received within 20 days of Respondent's receipt of this Final\nOrder and must contain a brief statement of the issue(s). The terms of the order, including any\nrequired corrective action, remain in full effect unless the Associate Administrator, upon request,\ngrants a stay. The terms and conditions of this Final Order are effective on receipt.\nNOV 2 5 tiJt;l\nDate Issued\niate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":5693}