{"operation":"document","citation":"CPF 120155012W","title":"NUSTAR TERMINALS OPERATIONS PARTNERSHIP L. P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-07-24","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a), 195.420(b), 195.589(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120155012w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120155012w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120155012w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120155012W","body":"Warning Letter involving NUSTAR TERMINALS OPERATIONS PARTNERSHIP L. P.. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.420(b),  195.589(c). The case was opened on 2015-07-24 and is reported as closed as of 2015-07-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120155012W_Warning Letter_07242015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120155012W/120155012W_Warning%20Letter_07242015.pdf\n\n120155012W_Warning Letter_07242015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120155012W/120155012W_Warning%20Letter_07242015_text.pdf\n\n120155012W_Warning Letter_07242015_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nJuly 24, 2015\nMr. John Roller\nVP, Terminal Operations\nNuStar Terminals Operations Partnership L.P.\n19003 IH-10 West\nSan Antonio, TX 78257\nCPF 1-2015-5012W\nDear Mr. Roller:\nOn November 18-20, 2014 a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected NuStar\nTerminals Operations Partnership L.P. pipeline facility at Andrews Air Force Base in Clinton,\nMaryland.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation(s) are:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a manual of\nwritten procedures for conducting normal operations and maintenance activities and\nhandling abnormal operations and emergencies. This manual shall be reviewed at\nintervals not exceeding 15 months, but at least once each calendar year, and appropriate\nchanges made as necessary to insure that the manual is effective. This manual shall be\nprepared before initial operations of a pipeline system commence, and appropriate parts\nshall be kept at locations where operations and maintenance activities are conducted.\nNustar failed to conduct a review of its manual of written procedures for conducting normal\noperations and maintenance activities and handling abnormal operations and emergencies at\nintervals not exceeding 15 months, but at least once each calendar year.\n\n\n\n1-2015-5012W\nDuring the inspection, the PHMSA inspector reviewed NuStar’s Operations and Maintenance\nManual, Section 701 Reviews, effective 5/1/08. Paragraph 3.1, Annual Procedural Manual\nReview for Operations, Maintenance and Emergencies, requires that the annual manual review\nbe documented on Form 6301, Record for Manual Review. NuStar completed Form 6301 in\n2013 and 2014, however, the interval between the reviews exceeded 15 months.\nThe records show that NuStar conducted a review for its Operations and Maintenance Manual on\n3/8/2013 and 8/6/2014. The number of days between the reviews was 516, which exceeds the\nrequired interval of 15 months by approximately 65 days.\n2. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a manual of\nwritten procedures for conducting normal operations and maintenance activities and\nhandling abnormal operations and emergencies. This manual shall be reviewed at\nintervals not exceeding 15 months, but at least once each calendar year, and appropriate\nchanges made as necessary to insure that the manual is effective. This manual shall be\nprepared before initial operations of a pipeline system commence, and appropriate parts\nshall be kept at locations where operations and maintenance activities are conducted.\nNuStar did not follow its written procedure for conducting normal operations and maintenance\nactivities and handling abnormal operations. During the inspection, the PHMSA inspector\nreviewed NuStar’s Operation and Maintenance Manual, 315 Valve Maintenance, Section 3.3\nMainline Valve Inspection, dated 3/22/09. The document states in part that “Field personnel will\nprepare Form 6101, Valve Inspection Report.”\nDuring the inspection, the PHMSA inspector reviewed valve inspection report records, Form\n6101, from January, 2011 through July, 2013. The records show 16 instances where a remedial\nwork order was required, but no work order was created, and 4 instances where the “Yes” / “No”\nboxes on the form for the remedial work order were left blank. As stated by NuStar during the\ninspection on 11/20/2014 and via email on 01/30/2015, NuStar terminal personnel inadvertently\nchecked the “remedial work order” boxes on the main line valve inspection forms. Therefore,\nNuStar did not maintain accurate mainline valve records as required by its procedure.\n3. § 195.420 Valve maintenance.\n(b) Each operator shall, at intervals not exceeding 7 1/2 months, but at least twice each\ncalendar year, inspect each mainline valve to determine that it is functioning properly.\nNuStar failed to inspect its mainline valves at the Andrews Air Force Base Terminal location, at\nintervals not exceeding 7 ½ months, but at least twice each calendar year to determine that they\nwere functioning properly.\n120155012W_Warning Letter_07242015 Page 2 of 4\n\n\n\n1-2015-5012W\nDuring the inspection, the PHMSA inspector reviewed valve inspection report records from\nJanuary, 2011 through July, 2013. The records show that NuStar inspected each mainline valve\non the following dates:\na. 1/3/2011\nb. 7/14/2011\nc. 12/15/2011\nd. 7/13/2012\ne. 2/1/2013\nf. 7/30/2013\nNuStar failed to inspect its mainline valves twice in 2012. During the inspection on 11/20/2014,\nNuStar stated that it did not conduct inspections at the appropriate intervals due to scheduling\nissues.\n4. § 195.589 What corrosion control information do I have to maintain?\n(c) You must maintain a record of each analysis, check, demonstration, examination,\ninspection, investigation, review, survey, and test required by this subpart in sufficient\ndetail to demonstrate the adequacy of corrosion control measures or that corrosion\nrequiring control measures does not exist. You must retain these records for at least 5\nyears, except that records related to Secs. 195.569, 195.573(a) and (b), and 195.579(b)(3)\nand (c) must be retained for as long as the pipeline remains in service.\nNustar failed to maintain records of an annual cathodic protection survey to demonstrate the\nadequacy of corrosion control measures or that corrosion requiring control measures does not\nexist.\nDuring the inspection, the PHMSA inspector reviewed Corrosion Field Survey Data and Tables\nrecords from 2012 through 2014. The records for 2012 and 2013 at the Andrews Air Force Base\ntest station #22 – Suitland Parkway at Washington Gas location show “on” and “off” potential\nmeasurements were taken on the casing, however, there is no record of potential measurements\ntaken on the line pipe.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000\nper violation per day the violation persists up to a maximum of $2,000,000 for a related series of\nviolations. For violations occurring prior to January 4, 2012, the maximum penalty may not\nexceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 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 item(s) identified in this letter.\nFailure to do so will result in NuStar Terminal Operations Partnership L.P. being subject to\nadditional enforcement action.\n120155012W_Warning Letter_07242015 Page 3 of 4\n\n\n\n1-2015-5012W\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2015-5012W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nByron Coy, P.E.\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120155012W_Warning Letter_07242015 Page 4 of 4","truncated":false,"body_characters":8719}