{"operation":"document","citation":"CPF 520205001W","title":"BELLE FOURCHE PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-02-12","effective_on":null,"summary":"CLOSED warning letter citing 195.436, 195.452(a), 195.452(l)(i)(ii).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520205001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520205001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520205001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520205001W","body":"Warning Letter involving BELLE FOURCHE PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.436,  195.452(a),  195.452(l)(i)(ii). The case was opened on 2020-02-12 and is reported as closed as of 2020-02-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520205001W_Warning Letter_02122020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520205001W/520205001W_Warning%20Letter_02122020.pdf\n\n520205001W_Warning Letter_02122020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520205001W/520205001W_Warning%20Letter_02122020_text.pdf\n\n520205001W_Warning Letter_02122020_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 12, 2020\nMr. H. A. True, III\nPresident\nBelle Fourche Pipeline Company\nP.O. Box 2360\nCasper, WY 82602-2360\nCPF 5-2020-5001W\nDear Mr. True:\nOn January 28 through 30, 2019; June 3 through 7, 2019; July 15 through 19, 2019; July 22\nthrough 26, 2019; and September 12, 2019, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected Belle Fourche Pipeline Company’s Bicentennial System in Casper,\nWyoming and in the Dickinson, North Dakota areas.\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 (CFR). The items\ninspected and the probable violations are:\n1. § 195.436 Security of facilities.\nEach operator shall provide protection for each pumping station and breakout\ntank area and other exposed facility (such as scraper traps) from vandalism and\nunauthorized entry.\nThe Dickison Pump Station was not protected from vandalism and unauthorized entry. At the\ntime of the inspection, the Dickinson Pump Station did not have an exterior fence to prevent\nunauthorized entry to the station and the storage tank area.\n\n\n\n2. § 195.452 Pipeline integrity management in high consequence areas.\n(a) Which pipelines are covered by this section?\n….\n(l) What records must an operator keep to demonstrate compliance? (1) An\noperator must maintain, for the useful life of the pipeline, records that\ndemonstrate compliance with the requirements of this subpart. At a minimum, an\noperator must maintain the following records for review during an inspection:\n(i) A written integrity management program in accordance with paragraph (b) of\nthis section.\n(ii) Documents to support the decisions and analyses, including any modifications,\njustifications, deviations and determinations made, variances, and actions taken,\nto implement and evaluate each element of the integrity management program\nlisted in paragraph (f) of this section.\nDuring the inspection Belle Fourche Pipeline Company was unable to provide documents to\nsupport the decisions, analyses, and determinations to implement and evaluate each element of\nthe integrity management program. The Emergency Flow Restricting Device Evaluation had\nbeen completed. Belle Fourche Pipeline Company was unable to provide any process\ndocumentation or decision documentation used for the Evaluation. The process appears to\nhave been used in Section 7.4 Emergency Flow Restricting Device Evaluation (P6.06 -1.9), of\nthe Belle Fourche-Bridger Integrity Management Plan. Belle Fourche Pipeline Company\nlacked records of the process used or how the resulting decision was determined for the\nEvaluation.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465\nfor a related series of violations. For violation occurring on or after November 27, 2018 and\nbefore July 31, 2019, the maximum penalty may not exceed $213,268 per violation per day,\nwith a maximum penalty not to exceed $2,132,679. For violation occurring on or after\nNovember 2, 2015 and before November 27, 2018, the maximum penalty may not exceed\n$209,002 per violation per day, with a maximum penalty not to exceed $2,090,022. For\nviolations occurring prior to November 2, 2015, the maximum penalty may not exceed\n$200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for a\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the items identified in this\nletter. Failure to do so will result in Belle Fourche Pipeline Company being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2020-5001W. 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 portion\n2\n\n\n\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 Jeff Gilliam (#162664)\nKen Dockweiler, Director Land, Government & Compliance (via email)\nJared Radosevich, Pipeline Compliance Coordinator (via email)\n3","truncated":false,"body_characters":5625}