{"operation":"document","citation":"CPF 520145002W","title":"BELLE FOURCHE PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-02-19","effective_on":null,"summary":"CLOSED warning letter citing 195.116(e), 195.204, 195.422(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520145002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520145002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520145002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520145002W","body":"Warning Letter involving BELLE FOURCHE PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.116(e),  195.204,  195.422(a). The case was opened on 2014-02-19 and is reported as closed as of 2014-02-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520145002W_warning letter_02192014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520145002W/520145002W_warning%20letter_02192014.pdf\n\n520145002W_warning letter_02192014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520145002W/520145002W_warning%20letter_02192014_text.pdf\n\n520145002W_warning letter_02192014_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 19, 2014\nMr. Tad True\nVice President\nBelle Fourche Pipeline Company\n455 N Poplar St.\nCasper, WY 82602\nCPF 5-2014-5002W\nDear Mr. True:\nBetween November 14, 2011 and March 9, 2012, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninvestigated a November 14, 2011 release from your Sussex Diesel Pipeline System’s Davis\nStation southwest of Gillette, Wyoming. The release spilled 1900 barrels of diesel into the\nground, causing soil contamination.\nAs a result of the investigation, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation(s) are:\n1. §195.116(e) Valves.\n(e) Each valve other than a check valve must be equipped with a means for clearly\nindicating the position of the valve (open, closed, etc.).\n\n\n\nOne of the mainline valves at the Davis Station was not equipped with a means for clearly\nindicating the position of the valve. All three of the mainline valves at the Davis Station were\nhoused in a below-ground steel vault. Two of the three valves – the tank inlet and the tank\noutlet– had valve extensions that came above-ground to enable employees to operate these two\nvalves without entering the valve vault. However, there was no extension on the third mainline\nvalve to indicate the valve’s position.\nAccording to interviews with your staff, Belle Fourche Pipeline Company (BFPL’s) normal\noperating practice was to keep this mainline valve open at all times because of the elevation\nprofile of this line. Since there was no above-ground indicator showing the valve’s position as\nclosed, BFPL employees incorrectly believed that the valve was open prior to the pipeline\nstartup. However, at the time of the pipeline failure, the mainline valve was closed. As a result,\nthe controller pumped against closed valves resulting in failure of the valve flange gasket and the\nrelease of 1900 barrels of diesel.\n2. §195.204 Inspection - General.\nInspection must be provided to ensure the installation of pipe or pipeline systems in\naccordance with the requirements of this subpart. No person may be used to\nperform inspections unless that person has been trained and is qualified in the phase\nof construction to be inspected.\nBFPL did not perform the required inspection of the pipeline installation that failed. BFPL could\nnot confirm that the 4” flanged valve that failed had been inspected by a person trained and\nqualified to inspect the installation of a flanged valve. During the investigation, BFPL\nemployees who performed the 2008 repair of the Davis mainline valve were interviewed. When\nasked who was in charge of inspecting the valve repair and flange gasket installation, each said\nthat they remembered doing the job but nobody interviewed could remember who was in charge\nof inspecting the valve and valve installation. BFPL had no records regarding the 2008\ninstallation of the new Davis mainline valve.\n3. §195.422(a) Pipeline Repairs.\n(a) Each operator shall, in repairing its pipeline systems, insure that the repairs are\nmade in a safe manner and are made so as to prevent damage to persons or\nproperty.\n2\n\n\n\nBFPL documents show that the Davis mainline valve was replaced in 2008. An examination of\nthe flange gasket after the release shows a portion of the flange did not have an indentation from\nthe flange face. This lack of an indention on the gasket indicates that not all of the flange bolts\nwere properly torqued, and thus the flange seal was not properly completed. This failure to\nproperly install the flange contributed to the pipeline release. BFPL did not insure that the repair\nof the pipeline (by installing a new mainline valve) was made in a safe manner and was made so\nas to prevent damage to persons or property.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000\nper violation per day the violation persists up to a maximum of $2,000,000 for a related series of\nviolations. For violations occurring prior to January 4, 2012, the maximum penalty may not\nexceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a\nrelated series of violations. We understand that the valves and flanges at the Davis Station have\nbeen brought above ground, properly installed, inspected, have position indicators, and are\nenhance with operational instruction signs. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement action\nor penalty assessment proceedings at this time. We advise you to correct the items identified in\nthis letter. Failure to do so will result in Belle Fourche being subject to additional enforcement\naction.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2014-5002W. 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\nthe redacted 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 (#136756)\n3","truncated":false,"body_characters":6386}