{"operation":"document","citation":"CPF 320155012W","title":"SUPERIOR REFINING COMPANY LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-11-20","effective_on":null,"summary":"CLOSED warning letter citing 195.440(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320155012w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320155012w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320155012w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320155012W","body":"Warning Letter involving SUPERIOR REFINING COMPANY LLC. PHMSA's enforcement data identifies the cited regulation as 195.440(c). The case was opened on 2015-11-20 and is reported as closed as of 2015-11-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320155012W_Warning Letter_11202015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320155012W/320155012W_Warning%20Letter_11202015.pdf\n\n320155012W_Warning Letter_11202015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320155012W/320155012W_Warning%20Letter_11202015_text.pdf\n\n320155012W_Warning Letter_11202015_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 20, 2015\nMr. Dave Podratz\nPlant Manager\nCalumet Superior, LLC\n2407 Stinson Avenue\nSuperior, Wisconsin 54880\nCPF 3-2015-5012W\nDear Mr. Podratz:\nOn August 21, 2012, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the\nCalumet Superior, LLC’s (Calumet’s) Public Awareness Program in Superior, Wisconsin.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected\nand the probable violation is:\n1. § 195.440 Public Awareness\n(c) 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.\n\n\n\nCalumet could not produce mailing records as required by API RP 1162 to verify its\npast mailings to various stakeholders. Calumet has retained a third party to do\nfuture mailings to ensure proper documentation is generated.\nThe results of past annual implementation reviews were not documented as required\nby API RP 1162.\nCalumet last conducted an effectiveness evaluation in October 2007 and had not\nconducted another effectiveness evaluation within the 4-year interval specified in\nAPI RP 1162.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 4, 2012, the maximum\npenalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 for a related series of violations. We have reviewed the circumstances\nand supporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to\ncorrect the item identified in this letter. Failure to do so will result in Calumet being subject\nto additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please\nrefer to CPF 3-2015-5012W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C.\n552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 5 U.S.C. 552(b).\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n2","truncated":false,"body_characters":3796}