{"operation":"document","citation":"CPF 520176013M","title":"CALUMET MONTANA REFINING, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-04-05","effective_on":null,"summary":"CLOSED notice of amendment citing 194.107(c)(1)(viii), 194.121(b)(8).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176013m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176013m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176013m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520176013M","body":"Notice of Amendment involving CALUMET MONTANA REFINING, LLC. PHMSA's enforcement data identifies the cited regulations as 194.107(c)(1)(viii),  194.121(b)(8). The case was opened on 2017-04-05 and is reported as closed as of 2017-07-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520176013M_Closure Letter_07272017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176013M/520176013M_Closure%20Letter_07272017.pdf\n\n520176013M_Closure Letter_07272017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176013M/520176013M_Closure%20Letter_07272017_text.pdf\n\n520176013M_Notice of Amendment_04052017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176013M/520176013M_Notice%20of%20Amendment_04052017.pdf\n\n520176013M_Notice of Amendment_04052017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176013M/520176013M_Notice%20of%20Amendment_04052017_text.pdf\n\n520176013M_Operator Response to Notice_06122017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176013M/520176013M_Operator%20Response%20to%20Notice_06122017.pdf\n\n520176013M_Closure Letter_07272017_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 27, 2017\nMr. Wayne Leiker\nVP – Montana Refining\nCalumet Montana Refinery, LLC\n1900 10th Street NE\nGreat Falls, Montana 59404\nCPF 5-2017-6013M\nClosure Letter\nDear Mr. Leiker:\nOn October 11 through 13, 2016 a representative from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an\nonsite pipeline safety inspection of Calumet Montana Refinery, LLC procedures in Great Falls,\nMontana. As a result of the inspection, Calumet Montana Refinery, LLC was issued a Notice of\nAmendment on April 5, 2017, which proposed amendment of your procedures.\nCalumet Montana Refinery, LLC submitted its amended procedures on June 12 and additional\nresponse July 13, 2017. My staff reviewed the amended procedures, and it appears that the\ninadequacies outlined in this Notice of Amendment have been corrected.\nThis letter is to inform you no further action is necessary on case number CPF 5-2017-6013M and\nthis case is now considered closed. Thank you for your cooperation.\nSincerely,\nDustin Hubbard\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 A. Ceartin\n\n520176013M_Notice of Amendment_04052017_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 5, 2017\nMr. Wayne Leiker\nVP- Montana Refining\nCalumet Montana Refinery, LLC\n1900 10th Street NE\nGreat Falls, Montana 59404\nCPF 5-2017-6013M\nDear Mr. Leiker:\nOn October 11-13, 2016, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your\ncrude oil pipeline in Great Falls, Montana.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violation(s) are:\n1. §194.107 General Response Plan Requirements.\n(c) Each response plan must include:\n(1) A core plan consisting of…\n(viii) Equipment testing\n\n\n\nCMR had inadequate facility response plan procedures to test their emergency equipment as\nrequired by §194.107(c)(1)(viii). At the time of the inspection, it was noted that the testing of\nemergency equipment was not included in the Emergency Response Plan. Emergency\nequipment owned by or supplied to CMR needs to be tested in accordance with the plan per\n§194.7(b), including retaining documentation of such tests. Furthermore, the lack of adequate\nprocedures and records is the evidence that the testing of the emergency equipment was not\nperformed.\n2. §194.121 Response Plan Review and Update Procedures.\n(b) If a new or different operating condition or information would substantially\naffect the implementation of a response plan, the operator must immediately\nmodify its response plan to address such a change and, within 30 days of making\nsuch a change, submit the change to PHMSA. Examples of changes in operating\nconditions that would cause a significant change to an operator's response plan\nare:\n(8) any other information relating to circumstances that may affect full\nimplementation of the plan.\nCalumet Montana Refining, LLC (CMR) failed to submit to PHMSA a modified response\nplan to address operational changes as required by §194.121(b). Within 30 days of making\nsignificant changes to an emergency response plan, operators are required to submit the\nchanges to PHMSA. At the time of the inspection, it was noted that CMR modified their\nsystem on October 10, 2015, removing Breakout Tanks 124 and 125 from the system and\nadding Breakout Tanks 201 and 202. There was also an adjustment to the flowrate and tank\nalarm settings due to the changes in operating conditions. The emergency response plan has\nbeen modified; however, CMR did not submit its facility response plan to address the changes\nin operating conditions within 30 days as required by §194.121(b).\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed\nas part 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\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must 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\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b).\n2\n\n\n\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\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in\nthis Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as\nalleged in this Notice without further notice to you and to issue an Order Directing\nAmendment. If your plans or procedures are found inadequate as alleged in this Notice, you\nmay be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. §\n190.206). If you are not contesting this Notice, we propose that you submit your amended\nprocedures to my office within 30 days of receipt of this Notice. This period may be extended\nby written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that Calumet Montana Refinery, LLC maintain documentation\nof the safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Chris Hoidal, Director,\nWestern Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 5-2017-6013M and, for each document you\nsubmit, please provide a copy in electronic format whenever possible.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 A. Ceartin (#153734)\n3","truncated":false,"body_characters":7725}