{"operation":"document","citation":"CPF 320135029M","title":"FLINT HILLS RESOURCES, LC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-09-10","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(12), 195.440(c), 195.440(d)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135029m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135029m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135029m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320135029M","body":"Notice of Amendment involving FLINT HILLS RESOURCES, LC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(12),  195.440(c),  195.440(d)(1). The case was opened on 2013-09-10 and is reported as closed as of 2013-09-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320135029M_Notice of Amendment_09102013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135029M/320135029M_Notice%20of%20Amendment_09102013.pdf\n\n320135029M_Notice of Amendment_09102013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135029M/320135029M_Notice%20of%20Amendment_09102013_text.pdf\n\n320135029M_Notice of Amendment_09102013_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 10, 2013\nMr. Kim Penner\nPresident\nKoch Pipeline Company, L.P.\n4111 East 37th Street, North\nWichita, Kansas 67201-2913\nCPF 3-2013-5029M\nDear Mr. Kim Penner:\nOn August 2, 2011, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nKoch Pipeline Company, L.P.’s (Koch) procedures for Public Awareness Program\nEffectiveness in Rosemount, Minnesota.\nOn the basis of the inspection, PHMSA has identified several inadequacies found within\nKoch’s plans or procedures, as described below:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following to provide safety\nduring maintenance and normal operations\n(12) Establishing and maintaining liaison with fire, police, and other\nappropriate public officials to learn the responsibility and resources of each\ngovernment organization that may respond to a hazardous liquid or carbon\ndioxide pipeline emergency and acquaint the officials with the operator's\nability in responding to a hazardous liquid or carbon dioxide pipeline\nemergency and means of communication.\n\n\n\nKoch’s procedures are inadequate because its Public Awareness Plan does not\ninclude a written process outlining the emergency official’s expectations on \"How to\nrespond to a pipeline leak.\"\nKoch’s procedures are inadequate because its Public Awareness Plan does not include a\nwritten process for periodic contact with emergency officials to share capabilities and\nmaintain appropriate liaison.\n2. § 195.440 Public Awareness\nc) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why\ncompliance with all or certain provisions of the recommended practice is not\npracticable and not necessary for safety.\nKoch’s procedures are inadequate because its Public Awareness Plan does not include a\nwritten process that utilizes the information from the public awareness field\ncommunication document, so appropriate supplemental activities can occur as necessary\nduring the year and can be identified during the annual supplemental review.\nKoch’s procedures are inadequate because its Public Awareness Plan does not\ninclude a written process that provides guidance on when to consider\nsupplemental activities and when activities are necessary.\nKoch’s procedures are inadequate because its Public Awareness Plan does not have a\nwritten process to track all excavators reached within the excavator stakeholder audience.\nKoch’s procedures are inadequate because its Public Awareness Plan does not\ninclude a written process that documents what changes need to be made, when\nchanges need to be made, when changes are completed and who is responsible\nfor the changes.\n3. §195.440 Public Awareness\n(d) The operator's program must specifically include provisions to educate the\npublic, appropriate government organizations, and persons engaged in\nexcavation related activities on:\n(1) Use of a One-Call notification system prior to excavation and other damage\nprevention activities;\nKoch’s procedures are inadequate because its Public Awareness Plan does not include the\nrequired baseline messages for One-Call centers listed in section 4.5.1 of program as part\nof the excavator stakeholder audience.\n2\n\n\n\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237.\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline\nOperators in Compliance Proceedings. Please refer to this document and note the response\noptions. Be advised that all material you submit in response to this enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive\nmaterial qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete\noriginal 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\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If you\ndo not respond within 30 days of receipt of this Notice, this constitutes a waiver of your\nright to contest the allegations in this Notice and authorizes the Associate Administrator for\nPipeline Safety to find facts as alleged in this Notice without further notice to you and to\nissue a Final Order.\nIn correspondence concerning this matter, please refer to CPF 3-2013-5029M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSince the Public Awareness Program Inspection, Koch Pipeline Company, L.P has\nsubmitted revised procedures to resolve the inspection issues. PHMSA Central Region\npersonnel have reviewed the revised procedures and determined that the revisions satisfy\nthe deficiencies identified in all of the above items. Therefore, no further action is required\nand this enforcement action is considered closed.\nSincerely,\nLinda Daugherty\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3","truncated":false,"body_characters":6174}