{"operation":"document","citation":"CPF 32023008NOPV","title":"COFFEYVILLE RESOURCES CRUDE TRANSPORTATION, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-06-02","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.412(a), 195.573(a)(1), 195.573(e), 195.581(a), 195.589(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023008nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023008nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023008nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32023008NOPV","body":"Notice of Probable Violation involving COFFEYVILLE RESOURCES CRUDE TRANSPORTATION, LLC. PHMSA's enforcement data identifies the cited regulations as 195.412(a),  195.573(a)(1),  195.573(e),  195.581(a),  195.589(c). The case was opened on 2023-06-02 and is reported as closed as of 2024-03-06. Proposed civil penalty: $146,900. Assessed civil penalty: $78,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32023008NOPV_Closure Letter_03062024_(21-207275).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023008NOPV/32023008NOPV_Closure%20Letter_03062024_(21-207275).pdf\n\n32023008NOPV_Closure Letter_03062024_(21-207275)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023008NOPV/32023008NOPV_Closure%20Letter_03062024_(21-207275)_text.pdf\n\n32023008NOPV_Consent Agreement and Order_01022024_(21-207275).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023008NOPV/32023008NOPV_Consent%20Agreement%20and%20Order_01022024_(21-207275).pdf\n\n32023008NOPV_Consent Agreement and Order_01022024_(21-207275)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023008NOPV/32023008NOPV_Consent%20Agreement%20and%20Order_01022024_(21-207275)_text.pdf\n\n32023008NOPV_Operator Response to Notice_07072023_(21-207275).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023008NOPV/32023008NOPV_Operator%20Response%20to%20Notice_07072023_(21-207275).pdf\n\n32023008NOPV_PCP PCO_06022023_(21-207275).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023008NOPV/32023008NOPV_PCP%20PCO_06022023_(21-207275).pdf\n\n32023008NOPV_PCP PCO_06022023_(21-207275)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023008NOPV/32023008NOPV_PCP%20PCO_06022023_(21-207275)_text.pdf\n\n32023008NOPV_Consent Agreement and Order_01022024_(21-207275)_text.pdf\n\nJanuary 2, 2024\nVIA ELECTRONIC MAIL TO: dllamp@cvrenergy.com\nDavid Lamp\nPresident and Chief Executive Officer\nCoffeyville Resources Crude Transportation, LLC\nP.O. Box 3516\n411 N.E. Washington Boulevard\nBartlesville, Oklahoma 74006\nCPF No. 3-2023-008-NOPV\nDear Mr. Lamp:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement between\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA) and Coffeyville Resources\nCrude Transportation, LLC (CRCT), which was executed on December 15, 2023. Service of the\nConsent Order and Consent Agreement by electronic mail is deemed effective upon the date of\ntransmission and acknowledgement of receipt, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure: Consent Order and Consent Agreement\ncc: Mr. Gregory A. Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA\nMr. Keith Kuehn, Vice President, Crude Transportation, CRCT, kakuehn@cvrenergy.com\nMr. Blake Record, DOT Compliance Primary, CRCT, brecord@cvrenergy.com\nMr. Hunter Jeffrey, Partner, Perkins Coie LLP, Counsel for CRCT, jhunter@pekinscoie.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nCOFFEYVILLE RESOURCES )\nCRUDE TRANSPORTATION, LLC, ) CPF No. 3-2023-008-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated June 2, 2023, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation, Proposed Civil\nPenalty and Proposed Compliance Order (Notice) to Coffeyville Resources Crude Transportation,\nLLC (CRCT or Respondent).\nIn response to the Notice, Respondent contested the proposed civil penalties for several Items and\nasked to meet informally with PHMSA to discuss the civil penalties and the terms of the proposed\ncompliance order. Respondent did not request a hearing on the matter. Respondent and PHMSA\n(the Parties) subsequently met to discuss the issues raised in the Response. As a result of those\ndiscussions, as explained in more detail below, the Parties have agreed to a Consent Agreement\nby which PHMSA makes findings of violations for each of the Items alleged in the Notice, CRCT\nwill pay a reduced civil penalty in the amount of $78,000, and CRCT will complete certain\ncompliance actions.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order. CRCT is hereby ordered to comply with the terms of the Consent Agreement\npursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent\nOrder may result in the assessment of civil penalties as set forth in 49 U.S.C. § 60122 and 49\nC.F.R. § 190.223, or in referral to the Attorney General for appropriate relief in a district court of\nthe United States.\nThe terms and conditions of this Consent Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nJanuary 2, 2024\n______________________ ______________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nCOFFEYVILLE RESOURCES )\nCRUDE TRANSPORTATION, LLC, ) CPF No. 3-2023-008-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nFrom August 23, 2021 to October 4, 2021, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of title\n49, United States Code (U.S.C.), conducted an on-site pipeline safety inspection of the facilities\nand records of Coffeyville Resources Crude Transportation, LLC’s (CRCT or Respondent)\nHazardous Liquids Crude Pipeline System in Oklahoma and Kansas.\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated June 2, 2023, a Notice of Probable Violation, Proposed Compliance Order and\nProposed Civil Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that CRCT committed five violations of 49 C.F.R. Part 195, proposed ordering Respondent\nto take certain measures to correct the alleged violations, and proposed a civil penalty of $146,900.\nCRCT responded to the Notice by letters dated July 7, 2023, and November 9, 2023 (collectively,\nResponse). Respondent did not contest the allegations of violation but contested the proposed civil\npenalty and provided additional evidence of actions taken to address the terms of the proposed\ncompliance order. CRCT requested an informal meeting with PHMSA to discuss the civil penalty\nproposed in the Notice and the proposed compliance order. CRCT did not request a hearing.\nPHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the\nResponse. As a result of those discussions and as explained in more detail below, the Parties have\nagreed to a Consent Agreement by which PHMSA makes findings of violations for each of the\nItems alleged in the Notice, CRCT will pay a reduced civil penalty in the amount of $78,000, and\nCRCT will complete certain compliance actions.\nHaving agreed that settlement of this proceeding will avoid further administrative proceedings or\nlitigation and will serve the public interest by promoting safety and protection of the environment,\n\n\n\npursuant to 49 U.S.C. § 60101, et seq. and 49 C.F.R. Part 190, and upon consent and agreement,\nthe Parties hereby agree as follows:\nI. General Provisions\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the\nFederal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative\norders issued thereunder. For purposes of this Consent Agreement (Agreement), Respondent\nacknowledges that it received proper notice of PHMSA’s action in this proceeding and that the\nNotice states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq., and\nthe regulations and orders issued thereunder.\n2. After Respondent returns this signed Agreement to PHMSA, the Agency’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety, recommending that\nthe Associate Administrator adopt the terms of this Agreement by issuing an administrative order\n(Consent Order) incorporating the terms of this Agreement. The terms of this Agreement constitute\nan offer of settlement until accepted by the Associate Administrator. Once accepted, the Associate\nAdministrator will issue a Consent Order incorporating the terms of this Agreement.\n3. Respondent consents to the issuance of the Consent Order, and hereby waives any\nfurther procedural requirements with respect to its issuance. Respondent waives all rights to\ncontest the adequacy of notice, or the validity of the Consent Order or this Agreement, including\nall rights to administrative or judicial hearings or appeals, except for the Dispute Resolution\nprovisions set forth herein.\n4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons\notherwise bound by law. Respondent agrees to provide a copy of this Agreement and any\nincorporated work plans and schedules to all of Respondent’s officers, employees, and agents\nwhose duties might reasonably include compliance with this Agreement.\n5. This Agreement constitutes the final, complete, and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement. The\nParties acknowledge that there are no representations, agreements or understandings relating to\nsettlement other than those expressly contained in this Agreement, except that the terms of this\nAgreement may be construed by reference to the Notice.\n6. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101, et\nseq., and the regulations and orders issued thereunder. Nothing in this Agreement alters PHMSA's\nright of access, entry, inspection, and information gathering or PHMSA's authority to bring\nenforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n\n\n\n7. For all transfers of ownership or operating responsibility of Respondent’s pipeline\nsystem referenced herein, Respondent will provide a copy of this Agreement to the prospective\ntransferee at least 30 days prior to such transfer. Respondent will provide written notice of the\ntransfer to the Director no later than 60 days after the transfer occurs.\n8. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems. This Agreement is not a permit,\nor a modification of any permit, under any Federal, State, or local laws or regulations. Respondent\nremains responsible for achieving and maintaining compliance with all applicable Federal, State,\nand local laws, regulations and permits.\n9. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n10. Except as set forth herein, this Agreement does not constitute a finding of violation\nof any other federal law or regulation and may not be used in any civil proceeding of any kind as\nevidence or proof of any fact, fault, or liability, or as evidence of a violation of any law, rule,\nregulation, or requirement, except in a proceeding to enforce the provisions of this Agreement or\nin future PHMSA enforcement actions.\n11. Agreement.\nRespondent neither admits nor denies any allegation or conclusion in the Notice or\nthis Agreement but agrees for purposes of this Agreement to comply with the terms of this\nII. Findings of Violation:\n12. Item 1- 49 C.F.R. § 195.412(a): The Notice alleged that CRCT failed to satisfy the\nrequirements of § 195.412(a) by not using an appropriate method for inspecting the pipeline right-\nof-way. Specifically, the Notice alleged that during the field inspection at the Hooser-Broome 8”\npipeline segment west of Bee Creek Valve (Lat. 37.053019, Long. -95.966233), PHMSA observed\nthat CRCT failed to adequately clear the right-of-way of tree cover, thereby preventing effective\naerial patrolling. Respondent did not contest the allegation in Item 1 of the Notice but provided\nadditional information to PHMSA and requested mitigation or elimination of the proposed civil\npenalty. As such, PHMSA finds a violation of 49 C.F.R. § 195.412(a).\n13. Item 2- 49 C.F.R. § 195.573: The Notice alleged that CRCT failed to satisfy the\nRequirements of § 195.573(a)(1) by not performing cathodic protection testing on the protected\nShidler pipeline segment within the required interval of at least once each calendar year, but not\nexceeding 15 months. Specifically, the Notice alleged that the Shidler cathodic protection test\nsurveys were conducted on February 28, 2018 and June 17, 2019, which exceeded the allowable\n15-month interval by 20 days. Respondent did not contest the allegation in Item 2 of the Notice\nbut provided additional information to PHMSA and requested elimination of the proposed civil\n\n\n\npenalty. As such, PHMSA finds a violation of 49 C.F.R. § 195.573(a)(1).\n14. Item 3- 49 C.F.R. § 195.573(e): The Notice alleged that CRCT failed to satisfy the\nRequirements of § 195.573(e) by failing to correct identified deficiencies in its corrosion control.\nSpecifically, the Notice alleged that during the inspection of corrosion control records, PHMSA\nfound that CRCT’s inspections in calendar years 2020 and 2021 for four of its steel breakout tanks\nshowed that the minimum protection criteria of NACE SP 0169 was not met as required by §\n195.571. Respondent did not contest the allegation in Item 3 of the Notice but provided additional\ninformation to PHMSA and requested mitigation of the proposed civil penalty. As such, PHMSA\nfinds a violation of 49 C.F.R. § 195.573(e).\n15. Item 4- 49 C.F.R. § 195.581(a): The Notice alleged that CRCT failed to satisfy the\nRequirements of § 195.581(a) by failing to provide protection against atmospheric corrosion by\ncleaning and coating each pipeline or portion of pipeline that is exposed to the atmosphere.\nSpecifically, the Notice alleged that during PHMSA’s field inspection PHMSA observed severely\ndegraded and dis-bonded coating and large sections of rusted/corroded bare steel on exposed\nportions of CRCT’s pipelines at six locations. Respondent did not contest the allegation in Item 4\nof the Notice but provided additional information to PHMSA and requested mitigation of the\nproposed civil penalty. As such, PHMSA finds a violation of 49 C.F.R. § 195.581(a).\n16. Item 5- 49 C.F.R. § 195.589(c): The Notice alleged that CRCT failed to satisfy the\nrequirements of § 195.589(c) by failing to maintain records of cathodic protection surveys for\ncalendar years 2018 and 2019 for East Tank Farm breakout tanks 22A1, 22A2, 22A3 and Hooser\nTanks 25 and 270 due to a data processing error discovered in 2020. Specifically, the Notice\nalleged that the device used by CRCT field personnel to capture cathodic protection readings had\nunknown internal memory limitations, which resulted in the data being overwritten when\nperforming surveys across the system. Respondent did not contest the allegation in Item 5 of the\nNotice but provided additional information to PHMSA and requested elimination of the proposed\ncivil penalty. As such, PHMSA finds a violation of 49 C.F.R. § 195.589(c).\n17. Items 1, 2, 3, 4, and 5 will be considered by PHMSA as prior offenses in any future\nPHMSA enforcement action taken against Respondent for the five (5)-year period following the\nEffective Date of this Agreement.\nIII. Civil Penalty:\n18. Item 1: The Notice proposed assessing a civil penalty in the amount of $24,200 for\nItem 1. Respondent requested a reduction or elimination of the proposed civil penalty, and, with\nits responses, provided new information and evidence to support its request. Respondent provided\nevidence that CRCT found the non-compliance and took documented action to address the non-\ncompliance and was in the process of correcting the non-compliance before PHMSA learned of\nthe violation. Consequently, after consideration of the new information and evidence provided by\nRespondent, PHMSA agrees a reduction of the civil penalty based on reconsideration of the\nculpability assessment factor is appropriate, which results in a civil penalty of $0. Therefore,\nPHMSA agrees to withdraw the proposed civil penalty for the violation in Item 1.\n\n\n\n19. Item 2: The Notice proposed assessing a civil penalty in the amount of $24,200 for\nItem 2. Respondent requested elimination of the proposed civil penalty based on three arguments:\nthat the repeat offense finding was inappropriate, that its post-violation actions should be taken\ninto consideration, and that COVID-19 made it difficult to comply with the regulation. PHMSA\nfinds that the repeat offense is appropriate, post-violation action is not considered in calculating\ncivil penalties, and per the March 20, 2020, Covid Stay of Enforcement and Notice of Enforcement\nDiscretion, operators had to promptly notify and disclose to PHMSA any non-compliance resulting\nfrom COVID-19, which CRCT did not do. Therefore, no reduction of the civil penalty is\nappropriate. Respondent agrees to pay a civil penalty of $24,200 for the violation of Item 2.\n20. Item 3: The Notice proposed assessing a civil penalty in the amount of $70,700 for\nItem 3. Respondent requested a reduction of the proposed civil penalty, and, with its responses,\nprovided new information and evidence to support its request. Respondent provided evidence that\nCRCT found the non-compliance and took documented action to address the non-compliance and\nwas in the process of correcting the non-compliance before PHMSA learned of the violation.\nRespondent also provided evidence that it had a reasonable justification for its non-compliance,\ni.e., that it was using depolarization measurements to the cathodic protection readings to\ndemonstrate that a number of readings were in compliance with the NACE standard. Consequently,\nafter consideration of the new information and evidence provided by Respondent, PHMSA agrees\na reduction of the civil penalty based on reconsideration of the culpability and good faith\nassessment factors is appropriate, which results in a civil penalty of $26,000. Respondent agrees\nto pay a reduced civil penalty in the amount of $26,000 for the violation in Item 3.\n21. Item 4: The Notice proposed assessing a civil penalty in the amount of $26,000 for\nItem 4. Respondent requested a reduction of the proposed civil penalty based on an argument that\nbetween the 2019 and 2022 inspections, it repaired the observed atmospheric corrosion prior to\nthe receipt of the Notice, and thus the good faith factor should be adjusted. PHMSA finds that\nthese actions were taken after PHMSA had already identified the violation and therefore are not\nconsidered in calculating the civil penalty. In addition, Respondent failed to provide a reasonable\njustification for its non-compliance, which is required for an adjustment of the good faith factor.\nTherefore, no reduction of the civil penalty is appropriate. Respondent agrees to pay a civil penalty\nof $26,000 for the violation in Item 4.\n22. Item 5: The Notice proposed assessing a civil penalty in the amount of $1,800 for\nItem 5. Respondent requested that PHMSA withdraw Item 5 as Respondent had addressed the\nissue of record retention. PHMSA finds that the actions were taken after PHMSA had already\nidentified the violation and therefore are not considered in calculating the civil penalty. Therefore,\nno reduction of the civil penalty is appropriate. Respondent agrees to pay a civil penalty in the\namount of $1,800 for Item 5.\n23. Respondent agrees to pay an adjusted total civil penalty in the amount of $78,000,\npursuant to the payment instructions at 49 C.F.R. § 190.227(a), to be paid in full no later than 20\ndays from the Effective Date of this Agreement.\n\n\n\nIV. Compliance Order:\n24. Item 1: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent provided supporting documents in its Response\ndemonstrating that Respondent has completed the proposed compliance terms for this Item.\nTherefore, PHMSA agrees it is not necessary to include the proposed compliance terms for this\nItem.\n25. Item 3: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order.\nOne of the steel tanks (Tank 270) identified and alleged to have been in non-compliance during\nthe inspection has been permanently removed from service. As such, Respondent agrees to perform\nthe following corrective measures:\nA. In regard to Item 3 of the Notice pertaining to CRCT failing to correct identified\ndeficiencies in its corrosion control as required by § 195.401(b), CRCT must\nprovide to the Director, Central Region, records demonstrating cathodic protection\nfor the remaining three steel breakout tanks meet the minimum protection criteria\nof NACE SP 0169 as required by § 195.571 within 180 days of receipt of the Final\nOrder.1\nB. PHMSA requests that CRCT maintain documentation of the safety improvement\ncosts associated with fulfilling this Compliance Order and submit the total to the\nDirector, Central Region, Pipeline and Hazardous Materials Safety\nAdministration. It is requested that these costs be reported in two categories: 1)\ntotal cost associated with preparation/revision of plans, procedures, studies and\nanalyses, and 2) total cost associated with replacements, additions and other\nchanges to pipeline infrastructure.2\n26. Item 4: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent provided supporting documents in its Response\ndemonstrating that Respondent has completed the proposed compliance terms for this Item.\nTherefore, PHMSA agrees it is not necessary to include the proposed compliance terms for this\nItem.\nV. Enforcement:\n27. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties\nunder 49 U.S.C. § 60122, of up to $257,664 per violation for each day the violation continues and\nreferral of the case to the Attorney General for judicial enforcement, if PHMSA determines that\nRespondent is not complying with the terms of this Agreement in accordance with the\ndeterminations made by the Director, or in accordance with decisions of the Associate\nAdministrator if resolved pursuant to the Dispute Resolution process herein. The maximum civil\n1 This Proposed Compliance Order term was originally term B in the Notice.\n2 This Proposed Compliance Order term was originally term D in the Notice.\n\n\n\npenalty amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223. All work plans and\nassociated schedules set forth or referenced in Section IV are automatically incorporated into this\nAgreement and are enforceable in the same manner.\nVI. Review and Approval Process:\n28. With respect to any submission under Section IV (Compliance Order) of this\nAgreement that requires the approval of the Director, the Director may: (a) approve, in whole or\nin part, the submission; (b) approve the submission on specified, reasonable conditions; (c)\ndisapprove, in whole or in part, the submission; or (d) any combination of the foregoing. If the\nDirector approves, approves in part, or approves with conditions, Respondent will take all actions\nas approved by the Director, subject to Respondent’s right to invoke the dispute resolution\nprocedures with respect to any conditions the Director identifies. If the Director disapproves all or\nany portion of the submission, the Director will provide Respondent a written notice of the\ndeficiencies. Respondent will correct all deficiencies within the time specified by the Director and\nresubmit it for approval.\nVII. Dispute Resolution:\n29. The Director and Respondent will informally attempt to resolve any disputes arising\nunder this Agreement, including any decision of the Director under the terms of Section IV,\nCompliance Order. If Respondent and the Director are unable to informally resolve the dispute\nwithin 15 calendar days after the dispute is first raised, in writing, to the Director, Respondent may\nsubmit a written request for a determination resolving the dispute from the Associate Administrator\nfor Pipeline Safety, PHMSA. Such request must be made in writing and provided to the Director,\ncounsel for the Central Region, and to the Associate Administrator for Pipeline Safety, no later\nthan 10 calendar days from the 15-day deadline for informal resolution referenced in this\nparagraph. Along with its request, Respondent must provide the Associate Administrator with all\ninformation Respondent believes is relevant to the dispute. Decisions of the Associate\nAdministrator under this paragraph will constitute final agency action. The existence of a dispute\nand PHMSA’s consideration of matters placed in dispute will not excuse, toll, or suspend any term\nor timeframe for completion of any work to be performed under this Agreement during the\npendency of the dispute resolution process.\nVIII. Effective Date:\n30. The term “Effective Date,” as used herein, is the date on which the Consent Order\nis issued by the Associate Administrator, PHMSA, incorporating the terms of this Agreement.\nIX. Recordkeeping and Information Disclosure:\n31. Unless otherwise required in this Agreement, Respondent agrees to maintain\nrecords demonstrating compliance with all requirements of this Agreement for a period of at least\nfive (5) years following completion of all work to be performed. For any reports, plans, or other\ndeliverables required to be submitted to PHMSA pursuant to this Agreement, Respondent may\nassert a claim of business confidentiality or other protections applicable to the release of\ninformation by PHMSA, covering part or all of the information required to be submitted to\n\n\n\nPHMSA pursuant to this Agreement in accordance with 49 C.F.R. Part 7. Respondent must mark\nthe claim of confidentiality in writing on each page and include a statement specifying the grounds\nfor each claim of confidentially. PHMSA determines release of any information submitted\npursuant to this Agreement in accordance with 49 C.F.R. Part 7, the Freedom of Information Act,\n5 U.S.C. § 552, DOT and PHMSA policies, and other applicable regulations and Executive Orders.\nX. Modification:\n32. The terms of this Agreement may be modified by mutual agreement of the Parties.\nSuch modifications must be in writing and signed by both parties.\nXI. Termination:\n33. This Agreement will remain in effect until the Compliance Order in Section IV and\nthe Civil Penalty in Section III are satisfied, as determined by the Director. The Agreement shall\nnot terminate until the Director confirms, in writing, that the Agreement is terminated in\naccordance with this paragraph. Nothing in this Agreement prevents Respondent from completing\nany of the obligations earlier than the deadlines provided for in this Agreement.\nXII. Ratification:\n34. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\n35. The Parties hereby agree to all findings, conditions, and terms of this Agreement.\n[Signature Lines on Following Page]\n\n\n\nFor Coffeyville Resources Crude Transportation, LLC:\n___________________________________\nKeith Kuehn, Vice President Pipelines, Coffeyville Resources Crude Transportation, LLC\n________________________\nDate\nFor PHMSA:\n________________________________________\nDirector, Central Region, Office of Pipeline Safety\n________________________\nDate\n\n32023008NOPV_Closure Letter_03062024_(21-207275)_text.pdf\n\nVIA ELECTRONIC MAIL TO: dllamp@cvrenergy.com; kakuehn@cvrenergy.com;\nbrecord@cvrenergy.com; rfmcgill@cvrenergy.com\nMarch 6, 2024\nDavid Lamp. President-Crude Transportation\nCoffeyville Resources Crude Transportation, LLC\nP.O. Box 3516\n411 N.E. Washington Boulevard\nBartlesville, Oklahoma 74006\nRE: CPF 3-2023-008-NOPV\nDear Mr. Lamp:\nOn January 2, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\nto Consent Agreement and Order in the above-referenced case. This Order included a Compliance\nOrder requirement to take corrective actions on your pipeline and a Civil Penalty assessment.\nBased on our review of the documentation provided by Coffeyville Resources Crude\nTransportation, LLC (“CRCT”)and confirmation of payment of the civil penalty on January 11,\n2024, it has been determined that CRCT has complied with the terms of the Consent Agreement\nand Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Keith Kuehn, VP-Crude Transportation, kakuehn@cvrenergy.com\nBlake Record,, DOT Compliance Primary, brecord@cvrenergy.com\nRon McGill, DOT Compliance Primary, rfmcgill@cvrenergy.com","truncated":false,"body_characters":30400}