{"operation":"document","citation":"CPF 520186017W","title":"CHEYENNE RAIL HUB — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-10-17","effective_on":null,"summary":"CLOSED warning letter citing 194.117(b)(1), 195.428(a), 195.428(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520186017w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520186017w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520186017w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520186017W","body":"Warning Letter involving CHEYENNE RAIL HUB. PHMSA's enforcement data identifies the cited regulations as 194.117(b)(1),  195.428(a),  195.428(d). The case was opened on 2018-10-17 and is reported as closed as of 2018-10-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520186017W_Warning Letter_10172018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520186017W/520186017W_Warning%20Letter_10172018.pdf\n\n520186017W_Warning Letter_10172018.pdf\n\nof Transportation\nU.S. Department\n12300 W. Dakota Ave., Suite 110\nLakewood, CO 80228\nPipeline and Hazardous Materials\nSafety Administration\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 17, 2018\nMr. Rich Fairservis\nChief Executive Officer\nThe Granite Peak Group\n1300 Venture Way, Suite 200\nCasper, WY 82609\nCPF 5-2018-6017W\nDear Mr. Fairservis:\nOn June 11 through 15, 2018, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected the plans and records for your Cheyenne Rail Hub's transmission crude oil pipeline\nsystem and conducted a field evaluation of your pipeline system including a breakout tank\nfacility in Cheyenne, Wyoming.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items\ninspected and the probable violations are:\n1.\n§194.117 Training.\n(b) Each operator shall maintain a training record for each individual that has\nbeen trained as required by this section. These records must be maintained in the\nfollowing manner as long as the individual is assigned duties under the response\nplan:\n\n\n\n(1) Records for operator personnel must be maintained at the operator's\nheadquarters; and ...\nAt the time of the inspection, Bridger Swan Ranch could not provide records for emergency\nresponse training conducted in 2017. The Operation Manager stated that no emergency\nresponse training had been provided since March 2017 when Bridger Swan Ranch started\noperating the pipeline system.\n2.\n§ 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 7\n1/2 months, 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 Swan Ranch did not inspect its overpressure safety device at intervals not exceeding\n15 months, but at least once each calendar year. The pipeline system has one overpressure relief\nvalve. At the time of the inspection, the Operation Manager stated that the overpressure safety\ndevice was not inspected in 2017.\n3.\n§ 195.428 Overpressure safety devices and overfill protection systems\n(a) ...\n(d) After October 2, 2000, the requirements of paragraphs (a) and (b) of this section\nfor inspection and testing of pressure control equipment apply to the inspection\nand testing of overfill protection systems.\nBridger Swan Ranch did not inspect its overfill protection device at intervals not exceeding 15\nmonths, but at least once each calendar year. The pipeline system has one overfill protection\nvalve on roof of the breakout tank. At the time of the inspection, the Operation Manager stated\nthat the overfill protection device was not inspected in 2017.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $209,002 per violation per day the violation persists, up to a maximum of $2,090,022\nfor a related series of violations. For violations occurring prior to November 2, 2015, the\nmaximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 for a related series of violations. We have reviewed the\ncircumstances and supporting documents involved in this case, and have decided not to\nconduct additional enforcement action or penalty assessment proceedings at this time. We\nadvise you to correct the items identified in this letter. Failure to do so will result in The\nGranite Peak Group being subject to additional enforcement action.\n2\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2018-6017W. 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\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\nSincerely,\nKai leo\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nCC:\nPHP-60 Compliance Registry\nPHP-500 Y. Liang (#158318)\nMr. Paul Saffell, Chief Operating Officer, The Granite Peak Group","truncated":false,"body_characters":5452}