COUNTRYMARK REFINING AND LOGISTICS, LLC — Notice of Probable Violation

case documentOfficial PDF320205014_NOPV PCO_09302020.pdf#

case documentOfficial PDF320205014_NOPV PCO_09302020_text.pdf#

party submissionOfficial PDF320205014_Operator Response to Notice_10262020.pdf#

320205014_Final Order_03022021_text.pdf, page 1Official PDFMarch 2, 2021 VIA ELECTRONIC MAIL TO: matt.smorch@countrymark.com Mr. Matt Smorch Chief Executive Officer CountryMark Refining and Logistics, LLC CountryMark Cooperative Holding Corp. 225 S.E. Street, Suite 144 Indianapolis, Indiana 46202 Re: CPF No. 3-2020-5014 Dear Mr. Smorch: Enclosed please find the Final Order issued to CountryMark Refining and Logistics, LLC, in the above-referenced case. It makes findings of violation and specifies actions that need to be taken to comply with the pipeline safety regulations. When the terms of the compliance order are completed, as determined by the Director, Central Region, this enforcement action will be closed. Service of the Final Order by electronic mail is effective upon the date of transmission, as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA Mr. Blair Currie, Manager of Pipeline Integrity, CountryMark Refining and Logistics blair.currie@countrymark.com CONFIRMATION OF RECEIPT REQUESTED#

320205014_Final Order_03022021_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 In the Matter of CountryMark Refining and Logistics, LLC, a division of CountryMark Cooperative Holding Corp., Respondent. ) ) ) ) ) ) ) ) CPF No. 3-2020-5014 FINAL ORDER On September 30, 2020, pursuant to 49 C.F.R. § 190.207, the Director, Central Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to CountryMark Refining and Logistics, LLC (CountryMark or Respondent), a division of CountryMark Cooperative Holding Corp. The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 195. The Notice also proposed that the company take certain measures to correct the violations. Respondent did not contest the allegations of violation or corrective measures. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 195.264(b(1) (Item 1) ─ Respondent failed to install impoundment around the above-ground breakout tanks in accordance with section 22.11.2 of [National Fire Protection Association (NFPA)]-30, Flammable and Combustible Liquids Code; 49 C.F.R. § 195.412(a) (Item 2) ─ Respondent failed to adequately inspect the surface conditions on or adjacent to the pipeline right-of-way due to the presence of vegetation and overgrown tree canopy on the right-of-way; and 49 C.F.R. § 195.581 (Item 4) ─ Respondent failed to protect portions of its pipeline at soil-to-air interfaces against atmospheric corrosion by not adequately extending the coating beyond the ground surface in three locations. These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent.#

320205014_Final Order_03022021_text.pdf, page 3CPF No. 3-2020-5014 Page 2 COMPLIANCE ORDER Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, CountryMark is ordered to take the actions proposed in the enclosed Notice to correct the violations. The Director may grant an extension of time to comply with any of the required items upon a written request timely submitted by the Respondent and demonstrating good cause for an extension. Upon completion of ordered actions, Respondent may request that the Director close the case. Failure to comply with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in referral to the Attorney General for appropriate relief in a district court of the United States. WARNING ITEM With respect to Item 3, the Notice alleged a probable violation of 49 C.F.R. § 195.446(h), but did not propose a civil penalty or compliance order for this item. Therefore, this is considered to be a warning item. If OPS finds a violation of this provision in a subsequent inspection, Respondent may be subject to future enforcement action. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. March 2, 2021 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#

320205014_Closure Letter_09302021_(19-164188S)_text.pdf, page 1Official PDFVIA ELECTRONIC MAIL TO: matt.smorch@countrymark.com and blair.currie@countrymark.com September 30, 2021 Mr. Matt Smorch Chief Executive Officer CountryMark Refining and Logistics, LLC 225 S.E. St. Suite 44 Indianapolis, IN 46202 Re: CPF 3-2020-5014 Dear Mr. Smorch: On March 2, 2021, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to CountryMark Refining and Logistics, LLC (CountryMark) a Final Order in the above- referenced case. This Order included a requirement to take corrective actions on your pipeline. Based on our review of the documentation you provided, it has been determined that you have complied with the terms of this Order. Accordingly, this case is now closed and no further action is contemplated with respect to the matters involved in this case. Thank you for your cooperation in this matter. Sincerely, Gregory Ochs Director, Central Region, OPS Pipeline and Hazardous Materials Safety Administration#