{"operation":"document","citation":"CPF 320205022M","title":"FLINT HILLS RESOURCES, LC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-10-14","effective_on":null,"summary":"CLOSED notice of amendment citing 195.452(i)(1), 195.452(l)(1), 195.555.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320205022m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320205022m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320205022m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320205022M","body":"Notice of Amendment involving FLINT HILLS RESOURCES, LC. PHMSA's enforcement data identifies the cited regulations as 195.452(i)(1),  195.452(l)(1),  195.555. The case was opened on 2020-10-14 and is reported as closed as of 2020-11-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320205022M_Closure Letter_11132020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205022M/320205022M_Closure%20Letter_11132020.pdf\n\n320205022M_Closure Letter_11132020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205022M/320205022M_Closure%20Letter_11132020_text.pdf\n\n320205022M_Notice of Amendment_10142020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205022M/320205022M_Notice%20of%20Amendment_10142020.pdf\n\n320205022M_Notice of Amendment_10142020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205022M/320205022M_Notice%20of%20Amendment_10142020_text.pdf\n\n320205022M_Operator Response to Notice_11112020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205022M/320205022M_Operator%20Response%20to%20Notice_11112020.pdf\n\n320205022M_Notice of Amendment_10142020_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: jeff.ramsey@fhr.com , Randy.Lenz@fhr.com\nand kim.gerold@fhr.com\nOctober 14, 2020\nJeff Ramsey\nPresident and CEO\nFlint Hills Resources, LLC\n4111 E. 37th Street North\nWichita, KS 67220\nCPF 3-2020-5022M\nDear Mr. Ramsey:\nFrom March 6 through August 16, 2019, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Flint Hills Resources, LLC (FHR) procedures on integrity management and corrosion\ncontrol.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nFHR’s plans or procedures, as described below:\n\n\n\n1. §195.452 Pipeline integrity management in high consequence areas.\n(a) . . . . .\n(i) What preventive and mitigative measures must an operator take to protect the high\nconsequence area?\n(1) General requirements. An operator must take measures to prevent and mitigate the\nconsequences of a pipeline failure that could affect a high consequence area. These\nmeasures include conducting a risk analysis of the pipeline segment to identify additional\nactions to enhance public safety or environmental protection. Such actions may include,\nbut are not limited to, implementing damage prevention best practices, better monitoring\nof cathodic protection where corrosion is a concern, establishing shorter inspection\nintervals, installing EFRDs on the pipeline segment, modifying the systems that monitor\npressure and detect leaks, providing additional training to personnel on response\nprocedures, conducting drills with local emergency responders and adopting other\nmanagement controls.\nFHR’s procedures do not define the criteria and measures to be used to identify, review or select\npreventative and mitigative actions needed to enhance public safety or environmental protection\nas required by 195.452(i)(1). FHR Integrity Management Procedure 3.8.3 does not specifically\nidentify the methods used to apply risk analysis in the identification, review, selection or\nverification of preventative and mitigative measures for pipeline segments and facilities.\n2. §195.452 Pipeline integrity management in high consequence areas\n(a) . . . . .\n(l) What records must an operator keep to demonstrate compliance?--\n(1) An operator must maintain, for the useful life of the pipeline, records that\ndemonstrate compliance with the requirements of this subpart. At a minimum,\nan operator must maintain the following records for review during an\ninspection:\n(i) A written integrity management program in accordance with paragraph (b)\nof this section.\n(ii) Documents to support the decisions and analyses, including any\nmodifications, justifications, deviations and determinations made,\nvariances, and actions taken, to implement and evaluate each element of the\nintegrity management program listed in paragraph (f) of this section.\nFHR’s Integrity Management Plan Section 3.8.3 does not specify the record keeping\nrequirements for the decisions and analyses of preventative and mitigative measures as required\nby 195.452(l)(1)((ii).\n2\n\n\n\n3. §195.555 What are the qualifications for supervisors?\nYou must require and verify that supervisors maintain a thorough knowledge of that\nportion of the corrosion control procedures established under § 195.402(c)(3) for which\nthey are responsible for insuring compliance.\nFHR’s O&M Procedure, M1410100 Section 6.16, does not require the Corrosion Control\nManager to maintain thorough knowledge of that portion of the corrosion control procedures\nestablished under §195.402(c)(3) for which they are responsible for insuring compliance.\nFHR submitted amended procedure M1410100 on December 20, 2019. My staff reviewed the\namended procedure, and it appears that the inadequacy outlined in this Notice of Amendment has\nbeen corrected. No further action on this item is required.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n30 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Flint Hills Resources, LLC maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Allan Beshore, Director,\nCentral Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 302020-5022M and, for each document you submit,\nplease provide a copy in electronic format whenever possible.\n3\n\n\n\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\nCc: Randy Lenz, Senior VP Operations, Flint Hills Resources, 3120 117th St. E., Inver Grove\nHeights, MN 55077, Randy.Lenz@fhr.com\nKim Gerold, Manager Pipeline Safety, Flint Hills Resources, 3120 117th St E., Inver Grove\nHeights, MN 55077, kim.gerold@fhr.com\n4\n\n320205022M_Closure Letter_11132020_text.pdf\n\nVIA ELECTRONIC MAIL TO: Jeff.Ramsey@fhr.com and Kelley.Cabrera@fhr.com\nNovember 13, 2020\nMr. Jeff Ramsey\nPresident and CEO\nFlint Hills Resources, LLC\n4111 E. 37th Street North\nWichita, KS 67220\nRe: CPF 3-2020-5022M\nDear Mr. Ramsey:\nOn March 6 through August 16, 2019, representatives from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of Flint Hills Resources, LLC (FHR) procedures\nin Wichita, KS. As a result of the inspection, FHR was issued a Notice of Amendment on\nOctober 14, 2020, which proposed amendment of your procedures.\nFHR submitted its amended procedures on November 11, 2020. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\ncc: Kelley Cabrera, Senior Compliance Specialist","truncated":false,"body_characters":9005}