{"operation":"document","citation":"CPF 520165010W","title":"BELLE FOURCHE PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-12-01","effective_on":null,"summary":"CLOSED warning letter citing 195.452(h)(4)(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520165010w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520165010w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520165010w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520165010W","body":"Warning Letter involving BELLE FOURCHE PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 195.452(h)(4)(i). The case was opened on 2016-12-01 and is reported as closed as of 2016-12-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520165010W_Warning Letter_12012016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520165010W/520165010W_Warning%20Letter_12012016.pdf\n\n520165010W_Warning Letter_12012016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520165010W/520165010W_Warning%20Letter_12012016_text.pdf\n\n520165010W_Warning Letter_12012016_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 1, 2016\nMr. Tad True\nVice President\nBelle Fourche Pipeline Company\nPO Drawer 2360\nCasper, WY 82602\nCPF 5-2016-5010W\nDear Mr. True:\nOn June 28 through July 1, 2016, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\ninspected your records in Casper, WY.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The item inspected and\nthe probable violation is:\n1. §195.452 Pipeline integrity management in high consequence areas.\n(h)(4)(i) Immediate repair conditions.\nAn operator's evaluation and remediation schedule must provide for immediate\nrepair conditions. To maintain safety, an operator must temporarily reduce the\noperating pressure or shut down the pipeline until the operator completes the\nrepair of these conditions. An operator must calculate the temporary reduction in\noperating pressure using the formulas referenced in paragraph (h)(4)(i)(B) of this\nsection. If no suitable remaining strength calculation method can be identified, an\noperator must implement a minimum 20 percent or greater operating pressure\nreduction, based on actual operating pressure for two months prior to the date of\n\n\n\ninspection, until the anomaly is repaired. An operator must treat the following\nconditions as immediate repair conditions:\n(A) Metal loss greater than 80% of nominal wall regardless of dimensions.\n(B) A calculation of the remaining strength of the pipe shows a predicted\nburst pressure less than the established maximum operating pressure at the\nlocation of the anomaly. Suitable remaining strength calculation methods\ninclude, but are not limited to, ASME/ANSI B31G (incorporated by\nreference, see §195.3) and PRCI PR-3-805 (R- STRENG) (incorporated by\nreference, see §195.3).\n(C) A dent located on the top of the pipeline (above the 4 and 8 o'clock\npositions) that has any indication of metal loss, cracking or a stress riser.\n(D) A dent located on the top of the pipeline (above the 4 and 8 o'clock\npositions) with a depth greater than 6% of the nominal pipe diameter.\nBelle Fourche Pipeline Company (BFPC) did not respond correctly to an immediate repair\ncondition as defined by 195.452(h)(4)(i). BFPC did not shut down or take the required\npressure reduction of twenty (20) percent based on the actual operating pressure for the two\nmonths prior to the date of the inspection. On June 16, 2016, BFPC discovered the immediate\nanomaly on the six (6) inch pipeline between the Skunk Hill Pump Station to Dickinson;\nhowever, no pressure reduction was taken until June 30 when the PHMSA inspector brought\nthat requirement to the operator’s attention. Therefore, the operator was out of compliance\nfor 14 days. The operator did take prompt action within one hour once this fact was brought\nto their attention.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$205,638 per violation per day the violation persists up to a maximum of $2,056,380 for a\nrelated series of violations. For violation occurring between January 4, 2012 to August 1,\n2016, the maximum penalty may not exceed $200,000 per violation per day, with a maximum\npenalty not to exceed $2,000,000 for a related series of violations. For violations occurring\nprior to January 4, 2012, the maximum penalty may not exceed $100,000 per violation per\nday, with a maximum penalty not to exceed $1,000,000 for a related series of violations. We\nhave reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at\nthis time. We advise you to correct the item identified in this letter. Failure to do so will\nresult in BFPC being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2016-5010W. 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. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\n2\n\n\n\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Gilliam\n3","truncated":false,"body_characters":5418}