# MID-CONTINENT FRACTIONATION AND STORAGE, L.L.C. — Warning Letter

- **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:** Not available
- **summary:** CLOSED warning letter citing 194.121(a)(1).
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- **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.

Official case documents:

320176002W_Warning Letter_04142017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176002W/320176002W_Warning%20Letter_04142017.pdf

320176002W_Warning Letter_04142017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176002W/320176002W_Warning%20Letter_04142017_text.pdf

320176002W_Warning Letter_04142017_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
April 14, 2017
Mr. Mark Cluff
Vice President, Safety & Operational Discipline
Mid-Continent Fractionation and Storage, L.L.C.
One Williams Center
P.O. Box 645
Tulsa, OK 74172
CPF 3-2017-6002W
Dear Mr. Cluff:
On March 21, 2017, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the
Mid-Continent Fractionation and Storage, LLC (Mid-Continent Fractionation & Storage)
onshore oil spill response plan located in Washington, DC.
As a result of the inspection, it is alleged that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and
the probable violation(s) are:



1. §194.121 Response plan review and update procedures.
(a) Each operator shall update its response plan to address new or different operating
conditions or information. In addition, each operator shall review its response plan in
full at least every 5 years from the date of the last submission or the last approval as
follows:
(1) For substantial harm plans, an operator shall resubmit its response plan to OPS
every 5 years from the last submission date.
Mid-Continent Fractionation & Storage did not resubmit its response plan to OPS five years
from the last submission date. The Mid-Continent Fractionation & Storage oil spill response
plan for the Conway Response Zone previously submitted to PHMSA was dated March 2010.
In a letter to Mid-Continent Fractionation & Storage on March 10, 2014, the Director of
OPS’s Emergency Support and Security Division identified areas in the Plan that needed
further attention. The letter also stated that Mid-Continent Fractionation & Storage must
revise and resubmit a Response Plan for review by March 2015. PHMSA’s records did not
indicate that a Response Plan was re-submitted as required.
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed
$205,638 per violation per day the violation persists up to a maximum of $2,056,380 for a
related series of violations. For violation occurring between January 4, 2012 to August 1,
2016, the maximum penalty may not exceed $200,000 per violation per day, with a maximum
penalty not to exceed $2,000,000 for a related series of violations. For violations occurring
prior to January 4, 2012, the maximum penalty may not exceed $100,000 per violation per
day, with a maximum penalty not to exceed $1,000,000 for a related series of violations.
We have reviewed the circumstances and supporting documents involved in this case, and
have decided not to conduct additional enforcement action or penalty assessment proceedings
at this time. We advise you to correct the item(s) identified in this letter. Failure to do so will
result in Mid-Continent Fractionation and Storage, LLC being subject to additional
enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer
to CPF 3-2017-6002W. 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).
2



Sincerely,
Allan C. Beshore
Director, Central Region, OPS
Pipeline and Hazardous Materials Safety Administration
Enclosure – copy of letter from OPS to Midcontinent Fractionation & Storage, March 10,
2014
cc: David K. Lehman, Director Emergency Support and Security Division, OPS
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