{"operation":"document","citation":"CPF 320206002M","title":"SUPERIOR REFINING COMPANY LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-10-30","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320206002m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320206002m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320206002m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320206002M","body":"Notice of Amendment involving SUPERIOR REFINING COMPANY LLC. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(3). The case was opened on 2020-10-30 and is reported as closed as of 2021-07-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320206002M_Notice of Amendment_10302020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320206002M/320206002M_Notice%20of%20Amendment_10302020.pdf\n\n320206002M_Notice of Amendment_10302020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320206002M/320206002M_Notice%20of%20Amendment_10302020_text.pdf\n\n320206002M_Notice of Amendment_10302020_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: rob.peabody@huskyenergy.com and\nkollin.schade@huskyenergy.com\nOctober 30, 2020\nMr. Robert J. Peabody\nPresident and Chief Executive Officer\nHusky Energy\nSuperior Refining\n2407 Stinson Avenue\nSuperior, WI 54880\nCPF 3-2020-6002M\nDear Mr. Peabody:\nFrom April 2 through 4, 2019, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nHusky Energy - Superior Refinery’s (Superior) procedures and records for its 6” / 10” Light Oil\npipeline that runs from Husky Superior Refinery to Magellan Pipeline and the Superior West\nabove ground storage facility in Superior, Wisconsin.\nAs a result of the inspection, PHMSA has identified the apparent inadequacies found within\nSuperior’s plans or procedures, as described below:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a)…\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations…\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part\n\n\n\nSuperior’s procedure (PR-000000606) for tracking Emergency Relief Valve (ERV) tests was\ninadequate because it did not include the industry standards to which Superior tests its ERVs.\nDuring the inspection, Superior stated that it tests the ERVs per industry standards. However,\nthere was no indication of what those standards were in its procedure.\nAdditionally, Superior’s Pressure Relief Valve Report Sheet form, which is required to be\ncompleted when ERVs tests are performed in accordance with its procedure, did not clearly\nindicate condition of the ERVs including the as-found/as-left settings, upon inspection.\nFollowing the inspection, Superior updated its Operations and Maintenance manual section\nF.12.3 for testing ERVs. The recording of as-found/as-left pressures and a review of those\npressures for ‘drift’ are reinforced in the revised section. Superior also developed new\nprocedures for testing and calibrating pressure transducers and pressure switches which included\nthe recording and review of as-found/as-left conditions. These amendments have been reviewed\nby PHMSA staff and satisfactorily meet the procedural requirements.\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 have review your amended procedures and found them to\nsatisfactorily address the identified inadequacies. Therefore, no further action would be\nnecessary on your part and after 30 days this enforcement action will be closed.\nIt is requested (not mandated) that Superior Refining Company LLC maintain documentation of\nthe safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Greg Ochs, Director, Central\nRegion, Pipeline and Hazardous Materials Safety Administration. In correspondence concerning\nthis matter, please refer to CPF 3-2020-6002M and, for each document you submit, please\nprovide a copy in electronic format whenever possible.\n2\n\n\n\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\ncc: Mr. Kollin Schade, Plant Manager, Husky Energy – Superior Refinery Company LLC,\n2407 Stinson Avenue, Superior, WI. 54880 kollin.schade@huskyenergy.com\n3","truncated":false,"body_characters":5640}