{"operation":"document","citation":"CPF 120195009W","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":"2019-07-25","effective_on":null,"summary":"CLOSED warning letter citing 195.64(c)(1)(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195009w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195009w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195009w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120195009W","body":"Warning Letter involving NUSTAR TERMINALS OPERATIONS PARTNERSHIP L. P.. PHMSA's enforcement data identifies the cited regulation as 195.64(c)(1)(i). The case was opened on 2019-07-25 and is reported as closed as of 2019-07-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120195009W_Warning Letter_07252019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195009W/120195009W_Warning%20Letter_07252019.pdf\n\n120195009W_Warning Letter_07252019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195009W/120195009W_Warning%20Letter_07252019_text.pdf\n\n120195009W_Warning Letter_07252019_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nJuly 25, 2019\nMr. John Roller\nVice President, Terminal Operations\nNuStar Terminals Operations Partnership, L.P.\nPO BOX 781609\nSan Antonio, TX 78278\nCPF 1-2019-5009W\nDear Mr. Roller:\nFrom February 19, 2019 to May 15, 2019, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\nperformed an integrated inspection of NuStar Terminals Operations Partnership, LP (NuStar) in\nLinden, New Jersey.\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 item(s) inspected\nand the probable violation(s) are:\n1. § 195.64 National Registry of Pipeline and LNG Operators\n(c) Changes. Each operator must notify PHMSA electronically through the National\nRegistry of Pipeline and LNG Operators at http://opsweb.phmsa.dot.gov, of certain\nevents.\n(1) An operator must notify PHMSA of any of the following events not later\nthan 60 days before the event occurs:\n\n\n\n(i) Construction or any planned rehabilitation, replacement,\nmodification, upgrade, uprate, or update of a facility, other than a\nsection of line pipe, that costs $10 million or more.\nNuStar failed to notify PHMSA electronically through the National Registry of Pipeline and LNG\nOperators (National Registry) within 60 days from the construction of the Linden Tank expansion\nproject.\nDuring the inspection, the PHMSA inspector reviewed notices that had been submitted to PHMSA\nvia the National Registry. A National Registry – Construction Notification (Type F notification)\nhad not been submitted by NuStar for the Linden Tank Expansion project at Linden Terminal in\nLinden, NJ. NuStar began construction of 4 breakout tanks at the Linden Terminal in 2017 at an\nestimated cost greater than $10 million.\nTherefore, NuStar failed to notify PHMSA electronically through the National Registry within 60\ndays from the constriction.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$213,268 per violation per day the violation persists, up to a maximum of $2,132,679 for a related\nseries of violations. For violation occurring on or after November 2, 2015 and before November\n27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015, the\nmaximum penalty may not exceed $200,000 per violation per day, with a maximum penalty not to\nexceed $2,000,000 for a related series of violations. Also, for each violation involving LNG\nfacilities, an additional penalty of not more than $77,910 occurring on or after November 27, 2018\nmay be imposed. For each violation involving LNG facilities occurring on or after November 2,\n2018 and before November 27, 2018, an additional penalty of not more than $76,352 may be\nimposed. For each violation involving LNG facilities occurring prior to November 2, 2015, an\nadditional penalty of not more than $75,000 may be imposed. We have reviewed the\ncircumstances and supporting documents involved in this case, and have decided not to conduct\nadditional enforcement action or penalty assessment proceedings at this time. We advise you to\ncorrect the item(s) identified in this letter. Failure to do so will result in NuStar Terminals\nOperations Partnership L.P. being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2019-5009W. 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 the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\n120195009W_Warning Letter_07252019_text Page 2 of 3\n\n\n\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120195009W_Warning Letter_07252019_text Page 3 of 3","truncated":false,"body_characters":5044}