{"operation":"document","citation":"CPF 520176005M","title":"BRIDGER SWAN RANCH, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-02-16","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(a), 195.402(c)(3), 195.402(e)(9), 195.428(a), 195.442(c)(6)(i), 195.442(c)(6)(ii).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176005m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176005m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176005m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520176005M","body":"Notice of Amendment involving BRIDGER SWAN RANCH, LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(c)(3),  195.402(e)(9),  195.428(a),  195.442(c)(6)(i),  195.442(c)(6)(ii). The case was opened on 2017-02-16 and is reported as closed as of 2017-05-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520176005M_Closure Letter_05102017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176005M/520176005M_Closure%20Letter_05102017.pdf\n\n520176005M_Closure Letter_05102017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176005M/520176005M_Closure%20Letter_05102017_text.pdf\n\n520176005M_Notice of Amendment_02162017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176005M/520176005M_Notice%20of%20Amendment_02162017.pdf\n\n520176005M_Notice of Amendment_02162017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176005M/520176005M_Notice%20of%20Amendment_02162017_text.pdf\n\n520176005M_Operator Response To Notice_03102017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176005M/520176005M_Operator%20Response%20To%20Notice_03102017.pdf\n\n520176005M_Closure Letter_05102017_text.pdf\n\nVIA FED EX – TRACKING NO. 7791 0734 0653\nMay 10, 2017\nMr. Julio E. Rios II\nPresident and Chief Executive Officer\nBridger Logistics LLC\n2009 Chenault Drive #100\nCarrolton, Texas 75006\nCPF 5-2017-6005M\nClosure Letter\nDear Mr. Rios:\nOn August 29 through September 2, 2016, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of Bridger Logistics LLC’s Swan Ranch\nprocedures in Cheyenne, Wyoming. As a result of the inspection, Bridger Logistics LLC was\nissued a Notice of Amendment (NOA) on February 16, 2017, which proposed amendment of\nyour procedures.\nBridger Logistics submitted its second amended procedures on March 31, 2017 in response to\na clarification request. My staff reviewed the amended procedures, and it appears that the\ninadequacies outlined in this Notice of Amendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 G. Ogirima\n\n520176005M_Notice of Amendment_02162017_text.pdf\n\nNOTICE OF AMENDMENT\nVIA FEDEX – TRACKING NO. 7784 4394 1303\nFebruary 16, 2017\nMr. Julio E. Rios II\nPresident and Chief Executive Officer\nBridger Logistics LLC\n2009 Chenault Drive #100\nCarrollton, Texas 75006\nCPF 5-2017-6005M\nDear Mr. Rios:\nOn August 29 through September 2, 2016, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States\nCode, inspected Bridger Logistics LLC’s procedures for your Swan Ranch (Swan Ranch)\nfacilities in Cheyenne, Wyoming.\nOn the basis of the inspection, PHMSA has identified these apparent inadequacies within the\nBridger Logistics Swan Ranch plans or procedures, as described below:\n\n\n\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(e) Emergencies. The manual required by paragraph (a) of this section must\ninclude procedures for the following to provide safety when an emergency\ncondition occurs;\n(9) Providing for a post-accident review of employee activities to determine\nwhether the procedures were effective in each emergency and taking corrective\naction where deficiencies are found.\nBridger Logistics LLC’s Operations and Maintenance Manual did not contain adequate\nprocedures for conducting a post-accident review. Should an accident occur at Swan Ranch,\nthe manual must ensure there are adequate procedures to define who conducts the review,\nconduct of the review, and how identified deficiencies are corrected.\n2. §195.428 Overpressure safety devices and overfill protection systems\n(a) Except as provided in paragraph (b) of this section, each operator shall, at\nintervals not exceeding 15 months, but at least once each calendar year, or in the\ncase of pipelines used to carry highly volatile liquids, at intervals not to exceed 7½\nmonths, but at least twice each calendar year, inspect and test each pressure\nlimiting device, relief valve, pressure regulator, or other item of pressure control\nequipment to determine that it is functioning properly, is in good mechanical\ncondition, and is adequate from the standpoint of capacity and reliability of\noperation for the service in which it is used.\nBridger Logistics LLC’s Operations and Maintenance Manual did not contain adequate\nprocedures for identifying and inspecting overfill protection devices that protect the Swan\nRanch assets.\n3. §195.442 Damage Prevention Program\n(c) The damage prevention program required by paragraph (a) of this section\nmust, at a minimum:\n(6) Provide as follows for inspection of pipelines that an operator has reason to\nbelieve could be damaged by excavation activities:\n(i) The inspection must be done as frequently as necessary during and after the\nactivities to verify the integrity of the pipeline; and\n(ii) In the case of blasting, any inspection must include leakage surveys.\nBridger Logistics LLC’s Operations and Maintenance Manual, page 69 of 99, states that\n“Company personnel, upon arrival at the excavation site, shall assess the pipeline right-of-\nway for encroachment violations in accordance with the procedure entitled “Encroachments”\nof this manual.” The encroachment section of the Operations and Maintenance Manual,\nhowever, was not available at the time of the inspection.\n\n\n\n4. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies. This\nmanual shall be reviewed at intervals not exceeding 15 months, but at least once\neach calendar year, and appropriate changes made as necessary to insure that\nthe manual is effective. This manual shall be prepared before initial operations of\na pipeline system commence, and appropriate parts shall be kept at locations\nwhere operations and maintenance activities are conducted.\n(c) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\nBridger Logistics LLC’s Operations and Maintenance Manual did not contain adequate\nprocedures for installing cathodic protection on breakout tanks in accordance with subpart H\n§195.571.\n5. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies. This\nmanual shall be reviewed at intervals not exceeding 15 months, but at least once\neach calendar year, and appropriate changes made as necessary to insure that\nthe manual is effective. This manual shall be prepared before initial operations of\na pipeline system commence, and appropriate parts shall be kept at locations\nwhere operations and maintenance activities are conducted.\n(c) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\nBridger Logistics LLC’s Operations and Maintenance Manual, page 32 of 99, paraphrases\n195.403 and does not include facility-specific procedures. Bridger Logistics must establish\nand conduct a continuing training program to instruct emergency personnel on emergency\nresponse as required by 195.403.\n\n\n\n6. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies. This\nmanual shall be reviewed at intervals not exceeding 15 months, but at least once\neach calendar year, and appropriate changes made as necessary to insure that\nthe manual is effective. This manual shall be prepared before initial operations of\na pipeline system commence, and appropriate parts shall be kept at locations\nwhere operations and maintenance activities are conducted.\n(c) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\nBridger Logistics LLC’s Operations and Maintenance Manual refers to a pipeline repair\nsection in its Integrity Management Program to comply with the requirement of §195.422 (a).\nThis repair section does not exist in its Integrity Management Program.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in\nthis Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as\nalleged in this Notice without further notice to you and to issue an Order Directing\nAmendment. If your plans or procedures are found inadequate as alleged in this Notice, you\nmay be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. §\n190.206). If you are not contesting this Notice, we propose that you submit your amended\nprocedures to my office within 30 days of receipt of this Notice. This period may be extended\nby written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that Bridger Logistics LLC maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Chris Hoidal, Director,\n\n\n\nWestern, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 5-2017-6005M and, for each document you\nsubmit, please provide a copy in electronic format whenever possible.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 Ogirima (#154091)","truncated":false,"body_characters":12074}