{"operation":"document","citation":"CPF 52022026NOA","title":"BELLE FOURCHE PIPELINE CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-03-01","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022026noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022026noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022026noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52022026NOA","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 2022-03-01 and is reported as closed as of 2022-04-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52022026NOA_Closure Letter_04122022_(21-219863).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022026NOA/52022026NOA_Closure%20Letter_04122022_(21-219863).pdf\n\n52022026NOA_Closure Letter_04122022_(21-219863)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022026NOA/52022026NOA_Closure%20Letter_04122022_(21-219863)_text.pdf\n\n52022026NOA_Notice of Amendment_03012022_(21-219863).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022026NOA/52022026NOA_Notice%20of%20Amendment_03012022_(21-219863).pdf\n\n52022026NOA_Notice of Amendment_03012022_(21-219863)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022026NOA/52022026NOA_Notice%20of%20Amendment_03012022_(21-219863)_text.pdf\n\n52022026NOA_Operator Response to Notice_03282022_(21-219863).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022026NOA/52022026NOA_Operator%20Response%20to%20Notice_03282022_(21-219863).pdf\n\n52022026NOA_Closure Letter_04122022_(21-219863)_text.pdf\n\nVIA E-MAIL TO MR. TAD TRUE\nApril 12, 2022\nMr. Tad True\nPresident\nBelle Fourche Pipeline Company\n455 N. Poplar St.\nP.O. Drawer 2360\nCasper, WY 82602\nCPF 5-2022-026-NOA\nClosure Letter\nDear Mr. True:\nOn November 10, 2022, 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 Co.’s written procedures in Casper, Wyoming.\nAs a result of the inspection, Belle Fourche Pipeline Co. was issued a Notice of Amendment on March 1,\n2022 that required it to amend its procedures. Belle Fourche Pipeline Co. submitted its amended\nprocedures to PHMSA on March 28, 2022.\nMy staff has reviewed the amended procedures, and it appears the inadequacies outlined in the Notice of\nAmendment have been corrected. This letter is to inform you no further action is necessary and this case\nis now closed. Thank you for your cooperation.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 M. Petronis (#21-219863)\n\n52022026NOA_Notice of Amendment_03012022_(21-219863)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA E-MAIL TO MR. TAD TRUE\nMarch 1, 2022\nMr. Tad True\nPresident\nBelle Fourche Pipeline Company\n455 N. Poplar St.\nP.O. Drawer 2360\nCasper, WY 82602\nCPF 5-2022-026-NOA\nDear Mr. True:\nBetween August and November 2021, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, conducted a\npipeline safety inspection of the records and procedures of Belle Fourche Pipeline Company\n(Belle Fourche) for its Donkey Creek hazardous liquid pipeline system located in Wyoming.\nOn the basis of the inspection, PHMSA has identified an apparent inadequacy found within Belle\nFourche’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\nBelle Fourche’s written procedures are inadequate to assure safe operation of a pipeline facility.\nPursuant to § 195.428(a), operators must, at the requisite intervals, test overpressure safety\ndevices to determine each is functioning properly, is in good mechanical condition, and is\nadequate from the standpoint of capacity and reliability of operation for the service in which it is\nused.1\nBelle Fourche’s O&M Procedure: 5.0 - Maintenance Procedures, Section 5.7 Over Pressure\nSafety Devices sets forth the testing and inspection criteria for overpressure safety devices, and\nnotes that Form PL-504 Safety Device Inspection Report must be completed for each inspection.\nAlthough Section 5.7.3 notes that testing will be performed to ensure that each device is\nfunctioning properly, is in good mechanical condition, is adequate from the standpoint of\ncapacity and reliability of operation for the service in which it is used, and is set to function at\nthe correct pressure, Form PL-504 does not capture this information. For example, Form PL-504\ndoes not have any information or indication that the capacity of each device was tested and\nconfirmation that it is functioning properly, is in good mechanical condition, and is adequate\nfrom a capacity and reliability of operation standpoint.2\nBelle Fourche must revise Form PL-504 to include indications that each device was tested, and\nconfirmation that each is functioning properly, is in good mechanical condition, and is adequate\nfrom the standpoint of capacity and reliability of operation for the service in which it is used\npursuant to the requirements set forth in § 195.428(a).\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 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 of\n1 See §195.428(a)(noting that “[e]xcept as provided in paragraph (b) of this section, each operator shall, at intervals\nnot exceeding 15 months, but at least once each calendar year, or in the case of pipelines used to carry highly volatile\nliquids, at intervals not to exceed 7 ½ 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 equipment to determine that it is\nfunctioning properly, is in good mechanical condition, and is adequate from the standpoint of capacity and reliability\nof operation for the service in which it is used”).\n2 See Form PL-504 (including entries for device number and function/type, setting found/left and operational setting,\nMOP and comments) (Rev. Apr. 2017) (on file with PHMSA).\n2\n\n\n\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 in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n30 days of receipt of this Notice. This period may be extended by written request for good cause.\nOnce the inadequacies identified herein have been addressed in your amended procedures, this\nenforcement action will be closed.\nIt is requested (not mandated) that Belle Fourche maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Dustin Hubbard, Director, Western Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter,\nplease refer to CPF 5-2022-026-NOA and, for each document you submit, please provide a copy\nin electronic format whenever possible.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 M. Petronis (#21-219863)\n3","truncated":false,"body_characters":8681}