# CALUMET MONTANA REFINING, LLC — Warning Letter

- **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:** Not available
- **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.

Official case documents:

520131002W_Warning Letter_02142013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131002W/520131002W_Warning%20Letter_02142013.pdf

520131002W_Warning Letter_02142013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131002W/520131002W_Warning%20Letter_02142013_text.pdf

520131002W_Warning Letter_02142013_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
February 14, 2013
Mr. Mike Dusterhoff
Executive Vice President
and Chief Operating Officer
Calumet Montana Refining, LLC
1900 10th Street NE
Great Falls, MT 59404
CPF 5-2013-1002W
Dear Mr. Dusterhoff:
On August 8, 2012, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your
Public Awareness Program at your office in Great Falls, Montana. As a result of the inspection,
it appears that you have committed a probable violation of the Pipeline Safety Regulations, Title
49, Code of Federal Regulations. The item inspected and the probable violation is:
1. §192.616 Public Awareness
(i) The operator's program documentation and evaluation results must be available
for periodic review by appropriate regulatory agencies.
Calumet Montana Refining, LLC did not have program documentation for 2008. Per 49 CFR
§192.616(c), the operator must follow the general program recommendations, including baseline
and supplemental requirements of API RP 1162, unless the operator provides justification in its
program or procedural manual as to why compliance with all or certain provisions of the
recommended practice is not practicable and not necessary for safety.



API RP 1162, Section 8.3 recommend guidance states, “Has the operator performed an audit or
review of its program implementation annually since it was developed? If not, did the operator
provide justification in its program or procedural manual?” Calumet Montana Refining, LLC
had documentation for 2006, 2007, 2009, 2010, 2011, and for 2012, however, there was no
documentation of an annual audit for 2008.
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000
for each violation for each day the violation persists up to a maximum of $1,000,000 for any
related series of violations. We have reviewed the circumstances and supporting documents
involved in this case, and have decided not to conduct additional enforcement action or penalty
assessment proceedings at this time. We advise you to correct the item(s) identified in this letter.
Failure to do so will result in Calumet Montana Refining, LLC being subject to additional
enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer to
CPF 5-2013-1002W. Be advised that all material you submit in response to this enforcement
action is subject to being made publicly available. If you believe that any portion of your
responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the
complete original document you must provide a second copy of the document with the portions
you believe qualify for confidential treatment redacted and an explanation of why you believe
the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).
Sincerely,
Chris Hoidal
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 T. Finch (#139520)
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