{"operation":"document","citation":"CPF 520205002M","title":"BELLE FOURCHE PIPELINE CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-02-28","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520205002m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520205002m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520205002m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520205002M","body":"Notice of Amendment involving BELLE FOURCHE PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(3). The case was opened on 2020-02-28 and is reported as closed as of 2020-04-03. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520205002M_Closure Letter_04032020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520205002M/520205002M_Closure%20Letter_04032020.pdf\n\n520205002M_Closure Letter_04032020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520205002M/520205002M_Closure%20Letter_04032020_text.pdf\n\n520205002M_Notice of Amendment_02282020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520205002M/520205002M_Notice%20of%20Amendment_02282020.pdf\n\n520205002M_Notice of Amendment_02282020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520205002M/520205002M_Notice%20of%20Amendment_02282020_text.pdf\n\n520205002M_Operator Response to Notice_04022020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520205002M/520205002M_Operator%20Response%20to%20Notice_04022020.pdf\n\n520205002M_Notice of Amendment_02282020_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 28, 2020\nMr. H. A. True, III\nPresident\nBelle Fourche Pipeline Company\nP.O. Box 2360\nCasper, WY 82602-2360\nCPF 5-2020-5002M\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,\ninspected Belle Fourche Pipeline Company’s (BFPC) written plans and procedures in Casper,\nWyoming.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nBFPC’s plans or procedures, as described below:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(1) …\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.\n\n\n\nBFPC’s manual of written procedures for operations, maintenance, and emergencies was\ninadequate to assure the safe operation of its pipeline system. Specifically, BFPC’s manual of\nwritten procedures did not include any procedures for how BFPC personnel or a contractor\ncomplies with the internal corrosion mitigation requirements for breakout tanks established\nunder 49 C.F.R. § 195.579(d) 1, which is included within subpart H of part 195. During the\ninspection, BFPC stated it used a contractor’s procedures for installing tank bottom linings in\ntanks built to API Standard 650.2 However, BFPC’s own manual of written procedures did not\ncite to these procedures nor did it include its own separate procedural requirements for\ncontractors to follow when they installed tank bottom linings to ensure compliance with API\nRP 652 pursuant to 49 C.F.R. § 195.579(d).3 PHMSA recommends that, at a minimum, the\noperator include reference to the contractor’s procedures or develop its own procedure for the\ninstallation of tank bottom linings pursuant § 195.579(d) in its own manual of written\nprocedures.\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).\n1 49 C.F.R. § 195.579(d) requires that “[a]fter October 2, 2000, when you install a tank bottom lining in an\naboveground breakout tank built to API Spec 12F (incorporated by reference, see § 195.3), API Std 620\n(incorporated by reference, see § 195.3), API Std 650 (incorporated by reference, see § 195.3), or API Std 650's\npredecessor, Standard 12C, you must install the lining in accordance with API RP 652 (incorporated by reference,\nsee § 195.3). However, you don't need to comply with API RP 652 when installing any tank for which you note in\nthe corrosion control procedures established under § 195.402(c)(3) why compliance with all or certain provisions\nof API RP 652 is not necessary for the safety of the tank.”\n2 See 49 C.F.R. 195.10 (stating that “An operator may make arrangements with another person for the performance\nof any action required by this part. However, the operator is not thereby relieved from the responsibility for\ncompliance with any requirement of this part.”)\n3 BFPC’s manual of written procedures did not otherwise state why compliance with all or certain provisions of\nAPI RP 652 is not necessary for the safety of the tank(s).\n2\n\n\n\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 of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged\nin this Notice without further notice to you and to issue an Order Directing Amendment. If\nyour plans or procedures are found inadequate as alleged in this Notice, you may be ordered to\namend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are\nnot contesting this Notice, we propose that you submit your amended procedures to my office\nwithin forty-five (45) days of receipt of this Notice. This period may be extended by written\nrequest for good cause. Once the inadequacies identified herein have been addressed in your\namended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that Belle Fourche Pipeline Company maintain documentation\nof the safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Dustin Hubbard, Director,\nWestern Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 5-2020-5002M and, for each document you\nsubmit, please provide a copy in electronic format whenever possible.\nSincerely,\nDustin Hubbard\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 Jeff Gilliam (#162664)\nKen Dockweiler, Director Land, Government & Compliance (via email)\nJared Radosevich, Pipeline Compliance Coordinator (via email)\n3\n\n520205002M_Closure Letter_04032020_text.pdf\n\nVIA E-MAIL TO MR. H.A. TRUE, III\nApril 3, 2020\nMr. H. A. True, III\nPresident\nBelle Fourche Pipeline Company\nP.O. Box 2360\nCasper, WY 82602-2360\nCPF 5-2020-5002M\nClosure Letter\nDear Mr. True:\nOn January 28 through 30, 2019, June 3 through 7, 2019, July 15 through 19, 2019, July 22 through 26,\n2019, and September 12, 2019, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-site\npipeline safety inspection of Belle Fourche Pipeline Company’s (BFPC) procedures in Casper, Wyoming.\nAs a result of the inspection, BFPC was issued a Notice of Amendment on February 28, 2020, which\nproposed amendment of your procedures.\nBFPC submitted its amended procedures on April 2, 2020. My staff reviewed the amended procedures,\nand it appears that the inadequacies 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 you for your\ncooperation.\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)\nKevin Pena, Pipeline Compliance Coordinator (via email)","truncated":false,"body_characters":8659}