{"operation":"document","citation":"CPF 520125001W","title":"SUNCOR ENERGY (USA) PIPELINE CO. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-01-27","effective_on":null,"summary":"CLOSED warning letter citing 195.402(d)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520125001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520125001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520125001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520125001W","body":"Warning Letter involving SUNCOR ENERGY (USA) PIPELINE CO.. PHMSA's enforcement data identifies the cited regulation as 195.402(d)(1). The case was opened on 2012-01-27 and is reported as closed as of 2012-01-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520125001W_warning letter_01272012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520125001W/520125001W_warning%20letter_01272012.pdf\n\n520125001W_warning letter_01272012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520125001W/520125001W_warning%20letter_01272012_text.pdf\n\n520125001W_warning letter_01272012_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 27, 2012\nSuncor Energy (USA) Pipeline Company\nMr. Kelly Gleason\nPresident\n1715 Fleischli Parkway\nCheyenne, WY 82001\nCPF 5-2012-5001W\nDear Mr. Gleason:\nOn June 14, 2010, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code was notified\nof a tank overfill at your Cheyenne pump station in Cheyenne, Wyoming. A PHMSA\nrepresentative conducted an onsite investigation into the circumstance surrounding the\nevent the next day.\nAs a result of the inspection, it appears that you have committed a probable violation of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items\ninspected and the probable violations are:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(d) Abnormal operation. The manual required by paragraph (a) of this\nsection must include procedures for the following to provide safety when\noperating design limits have been exceeded;\n(1) Responding to, investigating, and correcting the cause of;\n(iv) Operation of any safety device;\n\n\n\nThe Suncor Energy (USA) Pipeline (Suncor) employee who was controlling the flow of\noil into tank #1168 on the afternoon of June 14, 2010, did not follow their company’s\nabnormal operating procedures related to responding to a safety device. The result was\nthe tank overfilling spilling 30 barrels into their containment area. On that day, he\nreceived a Hi- Hi alarm indicating that the fluid level in the tank was at a critically high\nlevel. Suncor’s written procedures describing what to do when a Hi-Hi-Alarm on a tank\nis received required the controller to immediately shut off the flow of oil into the tank or\notherwise divert the flow to a different tank. Instead of following these written\nprocedures, the controller called the Cheyenne Station and requested a local Suncor\nemployee to go out and physically check the oil level in tank #1168. Before that\nemployee was able to get out to the tank, a different employee happened to be driving\ninto the station and noticed that the Tank #1168 was overflowing crude oil. He\nimmediately called the controller to report the tank had overflowed and the controller\nshut off the flow of oil to the tank.\nDuring our accident investigation, at Suncor’s local office in Cheyenne, Wyoming, the\ncontroller who was on duty the day of the overflow stated that he did not believe the Hi-\nHi alarm and confirmed that he called the Cheyenne Station and asked a local employee\nto physically check the fluid level in tank #1168. PHMSA’s accident investigation also\nrevealed deficiencies with Tank 1168’s gauging system and high level alarms.\nRegardless, if the controller had followed Suncor’s written procedures, the overfill event\nwould not have occurred.\nWe understand that Suncor has reinspected their other tanks for similar overfill protection\nproblems and conducted training with all controllers on this event. Suncor reported to\nPHMSA that there were no additional problems with any of the other tanks in the system.\nPHMSA appreciates the manner in which Suncor responded to this release and the\nimmediacy you took to check for similar conditions in your pipeline system.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of\n$1,000,000 for any related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to\ncorrect the item(s) identified in this letter. Failure to do so will result in Suncor being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please\nrefer to CPF 5-2012-5001W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C.\n552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted\nand an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\n\n\n\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 P. Katchmar (#130287)","truncated":false,"body_characters":5309}