CALUMET MONTANA REFINING, LLC — Notice of Probable Violation

party submissionOfficial PDF52023021NOPV_Operator Response to Notice_03082023_(22-239515).pdf#

case documentOfficial PDF52023021NOPV_PCO_02062023_(22-239515).pdf#

case documentOfficial PDF52023021NOPV_PCO_02062023_(22-239515)_text.pdf#

52023021NOPV_Final Order_04282023_(22-239515)_text.pdf, page 1Official PDFApril 28, 2023 VIA ELECTRONIC MAIL TO: wayne.leiker@calumetspecialty.com Mr. Wayne Leiker Vice President, Refining Operations Calumet Montana Refining, LLC 1020 Smelter Avenue, NE Black Eagle, MT 59414 Re: CPF No. 5-2023-021-NOPV Dear Mr. Leiker: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation and specifies actions that need to be taken to comply with the pipeline safety regulations. When the terms of the compliance order are completed, as determined by the Director, Western Region, this enforcement action will be closed. Service of the Final Order by e-mail is effective upon the date of transmission and acknowledgement of receipt as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA Mr. Carlos Centurion, Plant Manager, Calumet Montana Refining, LLC, carlos.centurion@calumetspecialty.com CONFIRMATION OF RECEIPT REQUESTED#

52023021NOPV_Final Order_04282023_(22-239515)_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) Calumet Montana Refining, LLC, ) CPF No. 5-2023-021-NOPV ) ) ) Respondent. ) ____________________________________) FINAL ORDER On February 6, 2023, pursuant to 49 C.F.R. § 190.207, the Director, Western Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation and Proposed Compliance Order (Notice) to Calumet Montana Refining, LLC (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 195. The Notice also proposed certain measures to correct the violations. Respondent did not contest the allegations of violation and asked to meet with Western Region to discuss the proposed corrective measures. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 195.406(a) (Item 2) ─ Respondent failed to provide adequate controls and protective equipment to control the pressure of the Bootlegger pipeline within 110 percent of the operating pressure limit established under § 195.406(a). This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. Compliance Actions Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the actions proposed in the enclosed Notice to correct the violation. The Director may grant an extension of time to comply with any of the required items upon a written request timely submitted by the Respondent and demonstrating good cause for an extension. Upon completion of the ordered actions, Respondent may request that the Director close the case. Failure to comply with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in referral to the Attorney General for appropriate relief in a district court of the United States.#

52023021NOPV_Final Order_04282023_(22-239515)_text.pdf, page 3Warning Item With respect to Item 1, the Notice alleged a probable violation of 49 C.F.R. § 195.452(j)(3) but did not propose a civil penalty or compliance order for this item. Therefore, this is considered to be a warning item. If OPS finds a violation of this provision in a subsequent inspection, Respondent may be subject to future enforcement action. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. April 28, 2023 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#

52023021NOPV_Closure Letter_10282024_(22-239515)_text.pdf, page 1Official PDFVIA ELECTRONIC MAIL TO: kollin.schade@calumetspecialty.com October 28, 2024 Mr. Kollin Schade Calumet Montana Refining, LLC 1020 Smelter Avenue, NE Black Eagle, MT 59414 CPF 5-2023-021-NOPV Closure Letter Dear Mr. Schade: From June 6, 2022, through June 10, 2022, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected your Bootlegger pipeline in Great Falls, Montana. As a result of the inspection, Calumet was issued a Notice of Probable Violation and Proposed Compliance Order on February 6, 2023, which proposed installing an OverPressure Protection (OPP) system. Calumet submitted its documentation of the installed OPP system on September 24, 2024. My staff reviewed the documentation, and it appears that the inadequacy outlined in this Proposed Compliance Order has been corrected. This letter is to inform you no further action is necessary, and this case is now closed. Thank you for your cooperation. Sincerely, Dustin Hubbard Director, Western Region Pipeline and Hazardous Materials Safety Administration cc: PHP-60 Compliance Registry PHP-500 G. Ogirima, B. Brown (#22-239515) Mark Denis – mark.denis@calumetspecialty.com Brad Lopez – brad.lopez@calumetspecialty.com#