# MID-CONTINENT FRACTIONATION AND STORAGE, L.L.C. — Notice of Amendment

- **operation:** document
- **citation:** CPF 320165002M
- **title:** MID-CONTINENT FRACTIONATION AND STORAGE, L.L.C. — Notice of Amendment
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2016-03-16
- **effective on:** Not available
- **summary:** CLOSED notice of amendment citing 195.402(c)(15), 195.446(b)(1), 195.446(d)(2), 195.446(e)(1), 195.446(e)(6).
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- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/320165002M
**body:**

Notice of Amendment involving MID-CONTINENT FRACTIONATION AND STORAGE, L.L.C.. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(15),  195.446(b)(1),  195.446(d)(2),  195.446(e)(1),  195.446(e)(6). The case was opened on 2016-03-16 and is reported as closed as of 2016-06-27. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

320165002M_Closure Letter_06272016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165002M/320165002M_Closure%20Letter_06272016.pdf

320165002M_Closure Letter_06272016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165002M/320165002M_Closure%20Letter_06272016_text.pdf

320165002M_Notice of Amendment_03162016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165002M/320165002M_Notice%20of%20Amendment_03162016.pdf

320165002M_Notice of Amendment_03162016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165002M/320165002M_Notice%20of%20Amendment_03162016_text.pdf

320165002M_Operator Response to Notice_04012016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165002M/320165002M_Operator%20Response%20to%20Notice_04012016.pdf

320165002M_Closure Letter_06272016_text.pdf

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
June 27, 2016
Ms. Stephanie Timmermeyer
Vice President - Safety and Regulatory Compliance
Mid-Continent Fractionation and Storage, LLC
525 Central Park Drive
Oklahoma City, OK 73105
CPF 3-2016-5002M
Dear Ms. Timmenneyer:
On June 22-30, 2015, representatives of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected
MidContinent Fractionation and Storage, LLC's (MidCon) procedures for Control Room
Management in Conway, Kansas. As a result of the inspection, MidCon was issued a Notice of
Amendment on March 16, 2016, which proposed amendment of the procedures.
MidCon submitted its amended procedures on April 1, 2016 and submitted additional
amendments on June 21, 2016. My staff reviewed the amended procedures and it appears that
the inadequacies outlined in this Notice of Amendment have been corrected.
This letter is to inform you no further action is necessary and this case is now closed. Thank
you for your cooperation.
Sincerely,
Allan C. Beshore
Director, Central Region, OPS
Pipeline and Hazardous Materials Safety Administration

320165002M_Notice of Amendment_03162016_text.pdf

NOTICE OF AMENDMENT
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 16, 2016
Ms. Stephanie Timmermeyer
Vice President – Safety and Regulatory Compliance
Mid-Continent Fractionation and Storage, LLC
525 Central Park Drive
Oklahoma City, OK 73105
CPF 3-2016-5002M
Dear Ms. Timmermeyer:
On June 22-30, 2015, representatives of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Mid-
Continent Fractionation and Storage, LLC’s procedures for Control Room Management in
Conway, Kansas.
On the basis of the inspection, PHMSA has identified the apparent inadequacies found within
Mid-Continent Fractionation and Storage, LLC’s (MidCon’s) plans or procedures, as
described below:
1. §195.402 Procedural manual for operations, maintenance, and emergencies
(c) Maintenance and normal operations. The manual required by paragraph (a) of
this section must include procedures for the following to provide safety during
maintenance and normal operations:
(15) Implementing the applicable control room management procedures required by
§ 195.446.
and;



§195.446 Control room management.
(b) Roles and responsibilities. Each operator must define the roles and
responsibilities of a controller during normal, abnormal, and emergency operating
conditions. To provide for a controller's prompt and appropriate response to
operating conditions, an operator must define each of the following:
(1) A controller's authority and responsibility to make decisions and take actions
during normal operations;
MidCon’s CRM procedure on defining what the controllers do during temporary
impromptu changes in responsibilities requires more detail. The procedure on page 9
indicates that if a controller needs to leave for any reason (i.e.; breaks), a controller at
another console will only observe and listen for the alarms at the vacant console, and then
notify the absent controller in the event of an abnormal operating condition. However,
Conway personnel indicated that the notification to the other controller will be done on all
alarms. Procedure must be changed to reflect what Conway actually does.
2) §195.402(c)(15) – See Above
§195.446 Control room management.
(d) Fatigue mitigation. Each operator must implement the following methods to
reduce the risk associated with controller fatigue that could inhibit a controller's
ability to carry out the roles and responsibilities the operator has defined:
(2) Educate controllers and supervisors in fatigue mitigation strategies and how off-
duty activities contribute to fatigue
The CRM plan did not indicate what the training includes. More detail must be added to
clearly show how MidCon trains their personnel on fatigue mitigation.
3) §195.402(c)(15) – See Above
§195.446 Control room management.
(e) Alarm management. Each operator using a SCADA system must have a written
alarm management plan to provide for effective controller response to alarms. An
operator's plan must include provisions to:
(1) Review SCADA safety-related alarm operations using a process that ensures
alarms are accurate and support safe pipeline operations;
2



MidCon’s Alarm Management Philosophy contains different types of alarms and defines
the priorities. However, synthetic or calculated alarms are not addressed in the alarm
management plan. MidCon must provide written procedures on synthetic or calculated
alarms including a process for review to ensure these alarms are accurate and support safe
pipeline operations.
4) §195.402(c)(15) – See Above
§195.446 Control room management.
(e) Alarm management. Each operator using a SCADA system must have a written
alarm management plan to provide for effective controller response to alarms. An
operator's plan must include provisions to:
(6) Address deficiencies identified through the implementation of paragraphs (e)(1)
through (e)(5) of this section.
MidCon’s CRM plan does not have procedures on how they are going to address the
deficiencies identified within the alarm management plan. The CRM procedures must be
expanded to better define how and when they are going to correct deficiencies identified
within the plan reviews.
Response to this Notice
This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed
as part of this Notice is a document entitled Response Options for Pipeline Operators in
Compliance Proceedings. Please refer to this document and note the response options. Be
advised that all material you submit in response to this enforcement action is subject to being
made publicly available. If you believe that any portion of your responsive material qualifies
for confidential treatment under 5 U.S.C. 552(b), along with the complete original document
you must provide a second copy of the document with the portions you believe qualify for
confidential treatment redacted and an explanation of why you believe the redacted
information qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond
within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the
allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to
find facts as alleged in this Notice without further notice to you and to issue a Final Order.
If, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in
this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies
(49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your
amended procedures to my office within 90 days of receipt of this Notice. This period may be
extended by written request for good cause. Once the inadequacies identified herein have
been addressed in your amended procedures, this enforcement action will be closed.
3



It is requested (not mandated) that Mid-Continent Fractionation and Storage, LLC’s maintain
documentation of the safety improvement costs associated with fulfilling this Notice of
Amendment (preparation/revision of plans, procedures) and submit the total to Allan C.
Beshore, Director, Central Region, OPS, Pipeline and Hazardous Materials Safety
Administration. In correspondence concerning this matter, please refer to CPF 3-2016-5002M
and, for each document you submit, please provide a copy in electronic format whenever
possible.
Sincerely,
Allan C. Beshore
Director, Central Region, OPS
Pipeline and Hazardous Materials Safety Administration
Enclosure: Response Options for Pipeline Operators in Compliance Proceedings
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