{"operation":"document","citation":"CPF 320176002W","title":"MID-CONTINENT FRACTIONATION AND STORAGE, L.L.C. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-04-14","effective_on":null,"summary":"CLOSED warning letter citing 194.121(a)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320176002W","body":"Warning Letter involving MID-CONTINENT FRACTIONATION AND STORAGE, L.L.C.. PHMSA's enforcement data identifies the cited regulation as 194.121(a)(1). The case was opened on 2017-04-14 and is reported as closed as of 2017-04-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320176002W_Warning Letter_04142017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176002W/320176002W_Warning%20Letter_04142017.pdf\n\n320176002W_Warning Letter_04142017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176002W/320176002W_Warning%20Letter_04142017_text.pdf\n\n320176002W_Warning Letter_04142017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 14, 2017\nMr. Mark Cluff\nVice President, Safety & Operational Discipline\nMid-Continent Fractionation and Storage, L.L.C.\nOne Williams Center\nP.O. Box 645\nTulsa, OK 74172\nCPF 3-2017-6002W\nDear Mr. Cluff:\nOn March 21, 2017, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the\nMid-Continent Fractionation and Storage, LLC (Mid-Continent Fractionation & Storage)\nonshore oil spill response plan located in Washington, DC.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violation(s) are:\n\n\n\n1. §194.121 Response plan review and update procedures.\n(a) Each operator shall update its response plan to address new or different operating\nconditions or information. In addition, each operator shall review its response plan in\nfull at least every 5 years from the date of the last submission or the last approval as\nfollows:\n(1) For substantial harm plans, an operator shall resubmit its response plan to OPS\nevery 5 years from the last submission date.\nMid-Continent Fractionation & Storage did not resubmit its response plan to OPS five years\nfrom the last submission date. The Mid-Continent Fractionation & Storage oil spill response\nplan for the Conway Response Zone previously submitted to PHMSA was dated March 2010.\nIn a letter to Mid-Continent Fractionation & Storage on March 10, 2014, the Director of\nOPS’s Emergency Support and Security Division identified areas in the Plan that needed\nfurther attention. The letter also stated that Mid-Continent Fractionation & Storage must\nrevise and resubmit a Response Plan for review by March 2015. PHMSA’s records did not\nindicate that a Response Plan was re-submitted as required.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$205,638 per violation per day the violation persists up to a maximum of $2,056,380 for a\nrelated series of violations. For violation occurring between January 4, 2012 to August 1,\n2016, the maximum penalty may not exceed $200,000 per violation per day, with a maximum\npenalty not to exceed $2,000,000 for a related series of violations. For violations occurring\nprior to January 4, 2012, the maximum penalty may not exceed $100,000 per violation per\nday, with a maximum penalty not to exceed $1,000,000 for a related series of violations.\nWe have reviewed the circumstances and supporting documents involved in this case, and\nhave decided not to conduct additional enforcement action or penalty assessment proceedings\nat this time. We advise you to correct the item(s) identified in this letter. Failure to do so will\nresult in Mid-Continent Fractionation and Storage, LLC being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 3-2017-6002W. 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. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\n2\n\n\n\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure – copy of letter from OPS to Midcontinent Fractionation & Storage, March 10,\n2014\ncc: David K. Lehman, Director Emergency Support and Security Division, OPS\n3","truncated":false,"body_characters":4564}