# NUSTAR TERMINALS OPERATIONS PARTNERSHIP L. P. — Warning Letter

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

Official case documents:

120195009W_Warning Letter_07252019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195009W/120195009W_Warning%20Letter_07252019.pdf

120195009W_Warning Letter_07252019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195009W/120195009W_Warning%20Letter_07252019_text.pdf

120195009W_Warning Letter_07252019_text.pdf

WARNING LETTER
OVERNIGHT EXPRESS DELIVERY
July 25, 2019
Mr. John Roller
Vice President, Terminal Operations
NuStar Terminals Operations Partnership, L.P.
PO BOX 781609
San Antonio, TX 78278
CPF 1-2019-5009W
Dear Mr. Roller:
From February 19, 2019 to May 15, 2019, a representative of the Pipeline and Hazardous Materials
Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),
performed an integrated inspection of NuStar Terminals Operations Partnership, LP (NuStar) in
Linden, New Jersey.
As a result of the inspection, it is alleged that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item(s) inspected
and the probable violation(s) are:
1. § 195.64 National Registry of Pipeline and LNG Operators
(c) Changes. Each operator must notify PHMSA electronically through the National
Registry of Pipeline and LNG Operators at http://opsweb.phmsa.dot.gov, of certain
events.
(1) An operator must notify PHMSA of any of the following events not later
than 60 days before the event occurs:



(i) Construction or any planned rehabilitation, replacement,
modification, upgrade, uprate, or update of a facility, other than a
section of line pipe, that costs $10 million or more.
NuStar failed to notify PHMSA electronically through the National Registry of Pipeline and LNG
Operators (National Registry) within 60 days from the construction of the Linden Tank expansion
project.
During the inspection, the PHMSA inspector reviewed notices that had been submitted to PHMSA
via the National Registry. A National Registry – Construction Notification (Type F notification)
had not been submitted by NuStar for the Linden Tank Expansion project at Linden Terminal in
Linden, NJ. NuStar began construction of 4 breakout tanks at the Linden Terminal in 2017 at an
estimated cost greater than $10 million.
Therefore, NuStar failed to notify PHMSA electronically through the National Registry within 60
days from the constriction.
Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed
$213,268 per violation per day the violation persists, up to a maximum of $2,132,679 for a related
series of violations. For violation occurring on or after November 2, 2015 and before November
27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum
penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015, the
maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty not to
exceed $2,000,000 for a related series of violations. Also, for each violation involving LNG
facilities, an additional penalty of not more than $77,910 occurring on or after November 27, 2018
may be imposed. For each violation involving LNG facilities occurring on or after November 2,
2018 and before November 27, 2018, an additional penalty of not more than $76,352 may be
imposed. For each violation involving LNG facilities occurring prior to November 2, 2015, an
additional penalty of not more than $75,000 may be imposed. We have reviewed the
circumstances and supporting documents involved in this case, and have decided not to conduct
additional enforcement action or penalty assessment proceedings at this time. We advise you to
correct the item(s) identified in this letter. Failure to do so will result in NuStar Terminals
Operations Partnership L.P. being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer to
CPF 1-2019-5009W. 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).
120195009W_Warning Letter_07252019_text Page 2 of 3



Sincerely,
Robert Burrough
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
120195009W_Warning Letter_07252019_text Page 3 of 3
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