{"operation":"document","citation":"CPF 320055043","title":"SUPERIOR REFINING COMPANY LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-11-03","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.452(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055043.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055043.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055043","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320055043","body":"Notice of Probable Violation involving SUPERIOR REFINING COMPANY LLC. PHMSA's enforcement data identifies the cited regulation as 195.452(b)(2). The case was opened on 2005-11-03 and is reported as closed as of 2007-01-08. Proposed civil penalty: $25,000. Assessed civil penalty: $25,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320055043_Final Order_12012006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055043/320055043_Final%20Order_12012006.pdf\n\n320055043_Final Order_12012006.pdf\n\n400 Seventh Street, S.W.\nU.S. Department Washington, D.C. 20590\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration\nMr. W. Michael Hulse\nPresident\nMurphy Oil USA, Inc.\n200 Peach Street\nEl Dorado, AR 7 173 1\nRE: CPF NO. 3-2005-5043\nDear Mr. Hulse:\nEnclosed is the Final Order issued by the Acting Associate Administrator for Pipeline Safety in\nthe above-referenced case. It makes a finding of violation and assesses a civil penalty of $25,000.\nThe penalty payment terms are set forth in the Final Order. This enforcement action closes\nautomatically upon payment. Your receipt of the Final Order constitutes service of that document\nunder 49 C.F.R. 5 190.5.\nSincerely,\n~ G e s Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\ncc: Mr. David J. Podratz, Manager, Superior Refinery\nMr. Ivan Huntoon, Director, Central Region, OPS\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of 1\nMurphy Oil USA, Inc., ) CPF No. 3-2005-5043\n1\n)\nRespondent. 1\nFINAL ORDER\nOn July 13-14,2004, pursuant to 49 § U.S.C. 601 17, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), Central Region,\nconducted an on-site pipeline safety inspection of Respondent's Integrity Management Program\n(IMP) in Superior, Wisconsin. As a result of the inspection, the Director, Central Region, issued to\nRespondent, by letter dated November 3,2006, a Notice of Probable Violation and Proposed Civil\nPenaltyrnotice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that\nRespondent had violated 49 C.F.R. §195.452(b) and proposed assessing a civil penalty of $25,000\nfor the alleged violation.\nRespondent responded to the Notice by letter dated November 23,2005 (Response). Respondent\ndid not contest the allegation but offered information to explain the allegation and requested that the\nproposed civil penalty be eliminated. Respondent also requested a hearing. Respondent submitted\na supplemental response dated July 14,2006 withdrawing its request for a hearing.\nFINDINGS OF VIOLATION\nUncontested\nRespondent did not contest the alleged violation of 49 C.F.R. 5 195.452 in the Notice. Accordingly,\nI find that Respondent violated 49 C.F.R. Part 195, as more fully described in the Notice:\n49 C.F.R. §195.452(b) (1) and (2) - failure to develop and implement a written\nintegrity management program (IMP) and failure to include in the program an\nidentification of each Category 2 pipeline or pipeline segment not later than\nNovember 1 8,2002.\nThis finding of violation will be considered a prior offense in any subsequent enforcement\naction taken against Respondent.\n\n\n\nidentification of each Category 2 pipeline or pipeline segment not later than\nNovember 18,2002.\nThis finding of violation will be considered a prior offense in any subsequent enforcement\naction taken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. 8 60122, Respondent is subject to a civil penalty not to exceed $100,000 per\nviolation for each day of the violation up to a maximum of $1,000,000 for any related series of\nviolations.\n49 U.S.C. 5 60122 and 49 C.F.R. 8 190.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree\nof Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the\npenalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's\nability to continue in business, and such other matters as justice may require.\nThe Notice proposed a civil penalty of $25,000 for violation of 49 C.F.R. §195.452(b) (1) and (2),\nas Respondent failed to develop and implement a written IMP and failed to include in the program\nan identification of each Category 2 pipeline or pipeline segment not later than November 18,2002.\nRespondent missed the prescriptive deadlines required by 49 C.F.R. Part195 to develop an IMP and\nidentify segments that could affect HCAs not later than February 18,2003 and November 18,2002\nfor Category 2 pipelines. Respondent did not complete its original IMP and identification of HCA\npipeline segments until May 28,2004.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess Respondent\na total civil penalty of $25,000 for violation of 49 C.F.R. 5 195.452(b) (1) and (2).\nFederal regulations (49 C.F.R. 8 89.21(b)(3)) require this payment be made by wire transfer, through\nthe Federal Reserve Communications System (Fedwire), to the account of the U.S. Treasury.\nDetailed instructions are contained in the enclosure. Questions concerning wire transfers should be\ndirected to: Financial Operations Division (AMZ-300), Federal Aviation Administration, Mike\nMonroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK 73 125; (405) 954-8893.\nFailure to pay the $25,000 civil penalty will result in accrual of interest at the current annual rate in\naccordance with 3 1 U.S.C. 9 371 7,3 1 C.F.R. 5 901.9 and 49 C.F.R. 5 89.23. Pursuant to those same\nauthorities, a late penalty charge of six percent (6%) per annum will be charged if payment is not\nmade within 1 10 days of service. Furthermore, failure to pay the civil penalty may result in referral\nof the matter to the Attorney General for appropriate action in a United States District Court.\nUnder 49 C.F.R. 5 190.215, 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 filing of the petition automatically\n\n\n\nstays the payment of any civil penalty assessed. However if Respondent submits payment for the\ncivil penalty, the Final Order becomes the final administrative decision and the right to petition for\nreco Aideration is waived. The terms and conditions of this Final Order are effective on receipt.\nDEC - 7 2031;:\nDate Issued:\nAssociate Administrator","truncated":false,"body_characters":6728}