{"operation":"document","citation":"CPF 520105008","title":"CALUMET MONTANA REFINING, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-04-20","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.420(b), 195.428(a), 195.428(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105008.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105008.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105008","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520105008","body":"Notice of Probable Violation involving CALUMET MONTANA REFINING, LLC. PHMSA's enforcement data identifies the cited regulations as 195.420(b),  195.428(a),  195.428(d). The case was opened on 2010-04-20 and is reported as closed as of 2011-06-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520105008_closure letter_06142011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105008/520105008_closure%20letter_06142011.pdf\n\n520105008_closure letter_06142011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105008/520105008_closure%20letter_06142011_text.pdf\n\n520105008_FinalOrder_11032010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105008/520105008_FinalOrder_11032010.pdf\n\n520105008_FinalOrder_11032010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105008/520105008_FinalOrder_11032010_text.pdf\n\n520105008_NOPV PCO_04202010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105008/520105008_NOPV%20PCO_04202010.pdf\n\n520105008_NOPV PCO_04202010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105008/520105008_NOPV%20PCO_04202010_text.pdf\n\n520105008_operator response_06152010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105008/520105008_operator%20response_06152010.pdf\n\n520105008_closure letter_06142011_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 14, 2011\nMs. Maureen Krum\nEnvironmental Engineer\nMontana Refining Company, Inc.\n1900 10th Street NE\nGreat Falls, MT 59404\nCPF 5-2010-5008\nDear Ms. Krum:\nOn November 3, 2010, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued Montana Refining Company, Inc. (MRC) a Final Order in the above-referenced case.\nThis Order included a Compliance Order. Based on our review of the documentation you\nprovided, it has been determined that you have complied with the terms of this 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,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 M. Petronis ((#123972)\n\n520105008_FinalOrder_11032010_text.pdf\n\nNOV 03 2010\nMr. Dana Leach\nVice President, Refining Operations\nMontana Refining Company, Inc.\n1900 Tenth Street NE\nGreat Falls, MT 59404-1955\nRe: CPF No. 5-2010-5008\nDear Mr. Leach:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and specifies actions that need to be taken by Montana Refining Company, Inc., to\ncomply with the pipeline safety regulations. When the terms of the compliance order have been\ncompleted, as determined by the Director, Western Region, this enforcement action will be\nclosed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,\nor as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Chris Hoidal, Director, Western Region, PHMSA\nMr. Peter Sametz\nExecutive Vice President and Chief Operating Officer\nMontana Refining Company, Inc.\nSuite 2600, Watermark Tower\n530 8th Avenue, SW\nCalgary, Alberta T2P3S8\nCanada\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 1160 0001 0041 0305]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nMontana Refining Company, Inc., ) CPF No. 5-2010-5008\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom June 30-July 2, 2009, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of Montana Refining\nCompany, Inc. (Montana or Respondent), in Great Falls, Montana. Montana, a subsidiary of\nConnacher Oil and Gas Limited, operates an oil refinery and the 2.6-mile Bootlegger Pipeline in\nGreat Falls.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated April 20, 2010, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Montana had violated 49 C.F.R. §§ 195.420(b), 195.428(a), and 195.428(d) and\nproposed ordering Respondent to take certain measures to correct the alleged violations.\nMontana responded to the Notice by letters dated May 21 and June 15, 2010 (collectively,\nResponse). The company did not contest the allegations of violation and stated that it intended\nto take the steps described in the proposed compliance order. Respondent did not request a\nhearing and therefore has waived its right to one.\nFINDINGS OF VIOLATION\nIn its Response, Montana did not contest the allegations in the Notice that it violated 49 C.F.R.\nPart 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.420(b), which states:\n§ 195.420 -- Valve maintenance.\n\n\n\n2\n(a) . . . .\n(b) Each operator shall, at intervals not exceeding 7 ½ months, but at\nleast twice each calendar year, inspect each mainline valve to determine\nthat it is functioning properly.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.420(b) by failing to inspect the six\nmainline valves of the Bootlegger Pipeline at intervals not exceeding 7 ½ months, but at least\ntwice each calendar year. Respondent could not provide documentation of the required\ninspections, nor could Montana personnel definitively confirm that the valves had been inspected\nwith the required frequency. Respondent did not contest this allegation of violation.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated 49\nC.F.R. § 195.420(b) by failing to inspect the mainline valves of the Bootlegger Pipeline with the\nrequired frequency.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.428(a), which states:\n§ 195.428 -- Overpressure safety devices and overfill protection\nsystems.\n(a) Except as provided in paragraph (b) of this section, each operator\nshall, at intervals not exceeding 15 months, but at least once each calendar\nyear, or in the case of pipelines used to carry highly volatile liquids, at\nintervals not to exceed 7 ½ months, but at least twice each calendar year,\ninspect and test each pressure limiting device, relief valve, pressure\nregulator, or other item of pressure control equipment to determine that it\nis functioning properly, is in good mechanical condition, and is adequate\nfrom the standpoint of capacity and reliability of operation for the service\nin which it is used.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.428(a) by failing to inspect and test\nthe overpressure safety devices on the Bootlegger Pipeline at intervals not exceeding 15 months,\nbut at least once each calendar year. Respondent could not provide documentation of the\nrequired inspections and tests, nor could Montana personnel definitively confirm that the\noverpressure safety devices had been inspected and tested with the required frequency.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.428(a) by failing to inspect the\noverpressure safety devices of the Bootlegger Pipeline with the required frequency.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.428(d), which states:\n§ 195.428 -- Overpressure safety devices and overfill protection\nsystems.\n(a) . . . .\n(d) After October 2, 2000, the requirements of paragraphs (a) and (b)\nof this section for inspection and testing of pressure control equipment\napply to the inspection and testing of overfill protection systems.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.428(d) by failing to inspect and test\n\n\n\n3\nthe overfill protection systems on Tank 124 at intervals not exceeding 15 months, but at least\nonce each calendar year. Respondent could not provide documentation of the required\ninspections or tests, nor could Montana personnel definitively confirm that the overfill protection\nsystems had been inspected and tested with the required frequency. Respondent did not contest\nthis allegation of violation. Accordingly, based upon a review of all of the evidence, I find that\nRespondent violated 49 C.F.R. § 195.428(d) by failing to inspect and test the overfill protection\nsystems of the Bootlegger Pipeline with the required frequency.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1, 2, and 3 in the Notice for\nviolations of 49 C.F.R. §§ 195.420(b), 195.428(a), and 195.428(d), respectively. Under 49\nU.S.C. § 60118(a), each person who engages in the transportation of hazardous liquids or who\nowns or operates a pipeline facility is required to comply with the applicable safety standards\nestablished under chapter 601. Pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R.\n§ 190.217, Respondent is ordered to take the following actions to ensure compliance with the\npipeline safety regulations applicable to its operations:\n1. With respect to the violation of § 195.420(b) (Item 1), Respondent must:\na. Maintain and retain the valve inspection records from the last two years for\nthe six mainline valves installed on the Bootlegger Pipeline.\nb. Ensure that each mainline valve is inspected twice each calendar year by\nqualified personnel at intervals not exceeding 7 ½ months to determine that it\nis functioning properly.\nc. Ensure that each valve inspection is documented and that the documentation is\nretained for at least two years.\n2. With respect to the violation of § 195.428(a) (Item 2), Respondent must:\na. Maintain and retain the inspection records from the last two years for the\npressure control valve that controls the delivery pressure into the Bootlegger\nPipeline.\nb. Maintain and retain the inspection records from the last two years of the\nrupture disc on the Bootlegger Pipeline installed at the Montana refinery that\nprotects piping and equipment downstream of the relief line.\nc. Ensure that each pressure limiting device, relief valve, pressure regulator, or\nother item of pressure control equipment installed on, or affecting, the\nBootlegger Pipeline is inspected and tested each calendar year, at intervals not\nto exceed 15 months, to determine that it is functioning properly, is in good\nmechanical condition, and is adequate from the standpoint of capacity and\nreliability of operation for the service in which it is used.\nd. Ensure that each overpressure safety device inspection is documented and that\nthe documentation is retained for at least two years.\n3. With respect to the violation of § 195.428(d) (Item 3), Respondent must:\n\n\n\n4\na. Maintain and retain the inspection records from the last two years of the\noverfill protection systems for Tank 124.\nb. Ensure that each breakout tank overfill protection system is inspected and\ntested each calendar year, at intervals not exceeding 15 months, to determine\nthat it is functioning properly, is in good mechanical condition, and is\nadequate from the standpoint of capacity and reliability of operation for the\nservice in which it is used.\nc. Ensure that each tank overfill protection inspection is documented and that the\ndocumentation is retained for at least two years.\n4. Montana must complete the above terms of the Compliance Order within 90 days of\nreceipt of this Final Order.\n5. Montana must maintain documentation of the safety improvement costs associated\nwith fulfilling this Compliance Order and submit that total to the Director, Western\nRegion, PHMSA. Costs shall be reported in two categories: (1) total cost associated\nwith preparation and revision of plans, procedures, studies, and analyses, and (2) total\ncost associated with replacements, additions, and other changes to pipeline\ninfrastructure.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $100,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nUnder 49 C.F.R. § 190.215, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline\nSafety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC\n20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA\nwill accept petitions received no later than 20 days after receipt of service of this Final Order by\nthe Respondent, provided they contain a brief statement of the issue(s) and meet all other\nrequirements of 49 C.F.R. § 190.215. Unless the Associate Administrator, upon request, grants a\nstay, the terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":13677}