{"operation":"document","citation":"CPF 520105005W","title":"BELLE FOURCHE PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-02-12","effective_on":null,"summary":"CLOSED warning letter citing 195.54(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105005w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105005w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105005w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520105005W","body":"Warning Letter involving BELLE FOURCHE PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 195.54(a). The case was opened on 2010-02-12 and is reported as closed as of 2010-02-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520105005W_warning letter_02122010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105005W/520105005W_warning%20letter_02122010.pdf\n\n520105005W_warning letter_02122010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105005W/520105005W_warning%20letter_02122010_text.pdf\n\n520105005W_warning letter_02122010_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 12, 2010\nMr. Tad True\nPresident\nBelle Fourche Pipeline Company\n455 N. Poplar Street\nP.O. Drawer 2360\nCasper, WY 82601\nCPF 5-2010-5005W\nDear Mr. True:\nOn October 27, 2009, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Belle\nFourche Pipeline Company’s (BFPL) Salt Creek Tank facility northeast of Casper, WY. This\ninspection was conducted in response to a crude oil spill that occurred on August 10, 2009 at this\nfacility.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation(s) are:\n1. §195.54 Accident reports.\n(a) Each operator that experiences an accident that is required to be reported under\n§195.50 shall as soon as practicable but not later than 30 days after discovery of the\naccident, prepare and file an accident report on DOT Form 7000-1, or a facsimile.\nBelle Fourche Pipeline Company did not submit an accident report within the required 30-day\nreporting period. On August 10, 2009, the BFPL controller failed to acknowledge a high tank\nalarm at the Salt Creek Facility. During the night, the tank reached overflow capacity and crude\n\n\n\noil spilled into the diked containment area. Eventually, the released crude spilled over the dike\nand onto the adjacent pipeline operator’s facility. Ultimately, the crude migrated into a ditch\nalongside an access road to the facility. The next morning, the day shift operator arrived at the\ncontrol room at approximately 0630 and immediately recognized that the tank had run over. That\noperator notified the downstream pipeline company of the situation and that company started their\ntakeaway pump which stopped the further release of crude oil. Emergency response crews were\nimmediately mobilized as well as clean up crews and equipment. PHMSA understands the\nresponse and clean up was performed adequately and to the satisfaction of the landowners.\nOn October 19, 2009, PHMSA became aware of this release when a representative of BFPL\nsubmitted a written report of the release to the PHMSA On-Line Data Entry System. This report\nis required to be submitted within 30 days following a release which meets the requirements in\n195.50. The written report was required to be submitted by September 10, 2009, thirty-nine (39)\ndays earlier than it was actually submitted.\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 Belle Fourche Pipeline Company 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 5-2010-5005W. 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 the\nredacted 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 P. Katchmar (#127191)\n2","truncated":false,"body_characters":4598}