# BELLE FOURCHE PIPELINE CO — Notice of Amendment

- **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:** Not available
- **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.

Official case documents:

520205002M_Closure Letter_04032020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520205002M/520205002M_Closure%20Letter_04032020.pdf

520205002M_Closure Letter_04032020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520205002M/520205002M_Closure%20Letter_04032020_text.pdf

520205002M_Notice of Amendment_02282020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520205002M/520205002M_Notice%20of%20Amendment_02282020.pdf

520205002M_Notice of Amendment_02282020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520205002M/520205002M_Notice%20of%20Amendment_02282020_text.pdf

520205002M_Operator Response to Notice_04022020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520205002M/520205002M_Operator%20Response%20to%20Notice_04022020.pdf

520205002M_Notice of Amendment_02282020_text.pdf

NOTICE OF AMENDMENT
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
February 28, 2020
Mr. H. A. True, III
President
Belle Fourche Pipeline Company
P.O. Box 2360
Casper, WY 82602-2360
CPF 5-2020-5002M
Dear Mr. True:
On January 28 through 30, 2019, June 3 through 7, 2019, July 15 through 19, 2019, July 22
through 26, 2019, and September 12, 2019, a representative of the Pipeline and Hazardous
Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,
inspected Belle Fourche Pipeline Company’s (BFPC) written plans and procedures in Casper,
Wyoming.
On the basis of the inspection, PHMSA has identified the apparent inadequacy found within
BFPC’s plans or procedures, as described below:
1. § 195.402 Procedural manual for operations, maintenance, and emergencies.
(a) …
(c) Maintenance and normal operations. The manual required by paragraph (a) of
this section must include procedures for the following to provide safety during
maintenance and normal operations:
(1) …
(3) Operating, maintaining, and repairing the pipeline system in accordance with
each of the requirements of this subpart and subpart H of this part.



BFPC’s manual of written procedures for operations, maintenance, and emergencies was
inadequate to assure the safe operation of its pipeline system. Specifically, BFPC’s manual of
written procedures did not include any procedures for how BFPC personnel or a contractor
complies with the internal corrosion mitigation requirements for breakout tanks established
under 49 C.F.R. § 195.579(d) 1, which is included within subpart H of part 195. During the
inspection, BFPC stated it used a contractor’s procedures for installing tank bottom linings in
tanks built to API Standard 650.2 However, BFPC’s own manual of written procedures did not
cite to these procedures nor did it include its own separate procedural requirements for
contractors to follow when they installed tank bottom linings to ensure compliance with API
RP 652 pursuant to 49 C.F.R. § 195.579(d).3 PHMSA recommends that, at a minimum, the
operator include reference to the contractor’s procedures or develop its own procedure for the
installation of tank bottom linings pursuant § 195.579(d) in its own manual of written
procedures.
Response to this Notice
This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed
as part of this Notice is a document entitled Response Options for Pipeline Operators in
Compliance Proceedings. Please refer to this document and note the response options. Be
advised that all material you submit in response to this enforcement action is subject to being
made publicly available. If you believe that any portion of your responsive material qualifies
for confidential treatment under 5 U.S.C. 552(b), along with the complete original document
you must provide a second copy of the document with the portions you believe qualify for
confidential treatment redacted and an explanation of why you believe the redacted
information qualifies for confidential treatment under 5 U.S.C. 552(b).
1 49 C.F.R. § 195.579(d) requires that “[a]fter October 2, 2000, when you install a tank bottom lining in an
aboveground breakout tank built to API Spec 12F (incorporated by reference, see § 195.3), API Std 620
(incorporated by reference, see § 195.3), API Std 650 (incorporated by reference, see § 195.3), or API Std 650's
predecessor, Standard 12C, you must install the lining in accordance with API RP 652 (incorporated by reference,
see § 195.3). However, you don't need to comply with API RP 652 when installing any tank for which you note in
the corrosion control procedures established under § 195.402(c)(3) why compliance with all or certain provisions
of API RP 652 is not necessary for the safety of the tank.”
2 See 49 C.F.R. 195.10 (stating that “An operator may make arrangements with another person for the performance
of any action required by this part. However, the operator is not thereby relieved from the responsibility for
compliance with any requirement of this part.”)
3 BFPC’s manual of written procedures did not otherwise state why compliance with all or certain provisions of
API RP 652 is not necessary for the safety of the tank(s).
2



Following the receipt of this Notice, you have 30 days to submit written comments, revised
procedures, or a request for a hearing under §190.211. If you do not respond within 30 days of
receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this
Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged
in this Notice without further notice to you and to issue an Order Directing Amendment. If
your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to
amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are
not contesting this Notice, we propose that you submit your amended procedures to my office
within forty-five (45) days of receipt of this Notice. This period may be extended by written
request for good cause. Once the inadequacies identified herein have been addressed in your
amended procedures, this enforcement action will be closed.
It is requested (not mandated) that Belle Fourche Pipeline Company maintain documentation
of the safety improvement costs associated with fulfilling this Notice of Amendment
(preparation/revision of plans, procedures) and submit the total to Dustin Hubbard, Director,
Western Region, Pipeline and Hazardous Materials Safety Administration. In correspondence
concerning this matter, please refer to CPF 5-2020-5002M and, for each document you
submit, please provide a copy in electronic format whenever possible.
Sincerely,
Dustin Hubbard
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
Enclosure: Response Options for Pipeline Operators in Compliance Proceedings
cc: PHP-60 Compliance Registry
PHP-500 Jeff Gilliam (#162664)
Ken Dockweiler, Director Land, Government & Compliance (via email)
Jared Radosevich, Pipeline Compliance Coordinator (via email)
3

520205002M_Closure Letter_04032020_text.pdf

VIA E-MAIL TO MR. H.A. TRUE, III
April 3, 2020
Mr. H. A. True, III
President
Belle Fourche Pipeline Company
P.O. Box 2360
Casper, WY 82602-2360
CPF 5-2020-5002M
Closure Letter
Dear Mr. True:
On January 28 through 30, 2019, June 3 through 7, 2019, July 15 through 19, 2019, July 22 through 26,
2019, and September 12, 2019, a representative from the Pipeline and Hazardous Materials Safety
Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-site
pipeline safety inspection of Belle Fourche Pipeline Company’s (BFPC) procedures in Casper, Wyoming.
As a result of the inspection, BFPC was issued a Notice of Amendment on February 28, 2020, which
proposed amendment of your procedures.
BFPC submitted its amended procedures on April 2, 2020. My staff reviewed the amended procedures,
and it appears that the inadequacies outlined in this Notice of Amendment have been corrected.
This letter is to inform you no further action is necessary and this case is now closed. Thank you for your
cooperation.
Sincerely,
Dustin Hubbard
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 Jeff Gilliam (#162664)
Ken Dockweiler, Director Land, Government & Compliance (via email)
Kevin Pena, Pipeline Compliance Coordinator (via email)
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