{"operation":"document","citation":"CPF 520131002W","title":"CALUMET MONTANA REFINING, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-02-14","effective_on":null,"summary":"CLOSED warning letter citing 192.616(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520131002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520131002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520131002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520131002W","body":"Warning Letter involving CALUMET MONTANA REFINING, LLC. PHMSA's enforcement data identifies the cited regulation as 192.616(i). The case was opened on 2013-02-14 and is reported as closed as of 2013-02-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520131002W_Warning Letter_02142013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131002W/520131002W_Warning%20Letter_02142013.pdf\n\n520131002W_Warning Letter_02142013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131002W/520131002W_Warning%20Letter_02142013_text.pdf\n\n520131002W_Warning Letter_02142013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 14, 2013\nMr. Mike Dusterhoff\nExecutive Vice President\nand Chief Operating Officer\nCalumet Montana Refining, LLC\n1900 10th Street NE\nGreat Falls, MT 59404\nCPF 5-2013-1002W\nDear Mr. Dusterhoff:\nOn August 8, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your\nPublic Awareness Program at your office in Great Falls, Montana. As a result of the inspection,\nit appears that you have committed a probable violation of the Pipeline Safety Regulations, Title\n49, Code of Federal Regulations. The item inspected and the probable violation is:\n1. §192.616 Public Awareness\n(i) The operator's program documentation and evaluation results must be available\nfor periodic review by appropriate regulatory agencies.\nCalumet Montana Refining, LLC did not have program documentation for 2008. Per 49 CFR\n§192.616(c), the operator must follow the general program recommendations, including baseline\nand supplemental requirements of API RP 1162, unless the operator provides justification in its\nprogram or procedural manual as to why compliance with all or certain provisions of the\nrecommended practice is not practicable and not necessary for safety.\n\n\n\nAPI RP 1162, Section 8.3 recommend guidance states, “Has the operator performed an audit or\nreview of its program implementation annually since it was developed? If not, did the operator\nprovide justification in its program or procedural manual?” Calumet Montana Refining, LLC\nhad documentation for 2006, 2007, 2009, 2010, 2011, and for 2012, however, there was no\ndocumentation of an annual audit for 2008.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item(s) identified in this letter.\nFailure to do so will result in Calumet Montana Refining, LLC being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2013-1002W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 T. Finch (#139520)","truncated":false,"body_characters":3775}