{"operation":"document","citation":"CPF 320065042","title":"NUSTAR PIPELINE OPERATING PARTNERSHIP L.P. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2006-10-05","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a), 195.577(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320065042.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320065042.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320065042","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320065042","body":"Notice of Probable Violation involving NUSTAR PIPELINE OPERATING PARTNERSHIP L.P.. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.577(a). The case was opened on 2006-10-05 and is reported as closed as of 2011-02-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320065042_Closure Letter_02082011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320065042/320065042_Closure%20Letter_02082011.pdf\n\n320065042_Closure Letter_02082011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320065042/320065042_Closure%20Letter_02082011_text.pdf\n\n320065042_Final Order_02202007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320065042/320065042_Final%20Order_02202007.pdf\n\n320065042_Final Order_02202007.pdf\n\nU.S. Department 400 Seventh Street, S.W.\nof Transportation Washington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety Administration\nMr. Rodney Reese\nVice President, Regional Operations\nValero L.P.\nOne Valero Way\nMail Stop C2G-140\nSan Antonio, TX 78249- 16 16\nRe: CPF No. 3-2006-5042\nDear Mr. Reese:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding of violation and specifies actions to be taken to\ncomply with the pipeline safety regulations. When the terms of the compliance order are\ncompleted, as determined by the Director, Central Region, PHMSA, this enforcement action will\nbe closed. Your receipt of this Final Order constitutes service of that document under 49 C.F.R.\n190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOEce of Pipeline Safety\nEnclosure\ncc: Ivan Huntoon\nDirector, Central Region, PHMSA\nCERTIFIED MAIL -RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n- -\nIn the Matter of\nValero L.P., CPF NO. 3-2006-5042\nRespondent\nFINAL ORDER\nOn March 27-30, April 24-27, and June 26-27,2006, pursuant to 49 U.S.C. 8 601 17,\nrepresentatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office\nof Pipeline Safety and the Minnesota Office of Pipeline Safety conducted an on-site pipeline\nsafety inspection of Respondent's facilities and records associated with the Kaneb refined\nproducts pipeline in North Dakota and Minnesota. As a result of the inspection, the Director,\nCentral Region, PHMSA, issued to Respondent, by letter dated October 5,2006, a Notice of\nProbable Violation and Proposed Compliance Order (Notice). In accordance with 49 C.F.R. 5\n190.207, the Notice proposed finding that Respondent had committed a violation of 49 C.F.R.\nPart 195 and proposed ordering Respondent to take certain measures to correct the alleged\nviolation.\nRespondent responded to the Notice by letter dated October 23, 2006 (Response). Respondent\ndid not contest the allegation of violation but provided information concerning the corrective\nactions it has initiated. Respondent did not request a hearing, and therefore has waived its right\nto one.\nFINDING OF VIOLATION\nIn its Response, Respondent did not contest the alleged violation in the Notice. Accordingly, I\nfind that Respondent violated the following section of 49 C.F.R. Part 195, as more fully\ndescribed in the Notice:\n49 C.F.R. 5 195.402(a)-failing to follow procedures for identifying, testing, and minimizing\nthe detrimental effects of stray currents at foreign pipeline crossings between Mandan, North\nDakota and Roseville, Minnesota.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Respondent's failure to follow\nprocedures for identifying, testing, and minimizing the detrimental effects of stray currents at\nforeign pipeline crossings. Under 49 U.S.C. 5 601 18(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601. Pursuant to the\nauthority of 49 U.S.C. 5 601 18(b) and 49 C.F.R. 5 190.2 17, Respondent is ordered to take the\nfollowing actions to ensure compliance with the pipeline safety regulations applicable to its\noperations:\n1. Within 30 days following receipt of this Order, submit a written plan and schedule of\naction to evaluate each foreign line crossing for the adverse effects of stray currents to\nIvan A. Huntoon, Director, Central Region, Pipeline and Hazardous Materials Safety\nAdministration, 901 Locust Street, Room 462, Kansas City, MO 64106;\n2. Begin implementation of the plan and schedule required by Item 1, above, within 60 days\nfollowing receipt of this Order; and\n3. Maintain documentation of the activities undertaken to fulfill the requirements of this\ncompliance order, including costs. Upon completion of the requirements, submit the\ndocumentation to Ivan A. Huntoon, Director, Central Region, Pipeline and Hazardous\nMaterials Safety Administration, 901 Locust Street, Room 462, Kansas City, MO 64106.\nCosts shall be reported in two categories: (I) total cost associated with\npreparationlrevision of plans, procedures, studies and analyses; and (2) total cost\nassociated with replacements, additions and other changes to pipeline infrastructure.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent demonstrating good cause for an extension.\nFailure to comply with this Order may result in the assessment of civil penalties of up to\n$100,000 per violation per day, or in the referral of the case for judicial enforcement.\nThe terms and conditions of this Final Order are effective on receipt.\nDate Issued\n~ u i n g Associate Administrator\nfor Pipeline Safety\n\n320065042_Closure Letter_02082011_text.pdf\n\nIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 8, 2011\nMr. Todd Denton,\nVice President, Regional Operations\nNuStar Pipeline Operating Partnership L.P.\n2330 N. Loop 1604 West\nSan Antonio, TX 78248-4512\nCPF 3-2006-5042\nDear Mr. Denton:\nOn February 20, 2007, the Pipeline and Hazardous Material Safety Administration (PHMSA) issued to\nKaneb Pipe Line Company/Valero, L.P a Final Order in the above-referenced case. NuStar Energy, LP.\nis the current operator responsive to this Order. The Order included a Compliance Order to provide a\nremediation plan, schedule, and evaluate each pipeline crossing with foreign pipeline crossings for\nadverse effects of stray currents on your Mandan, ND to Roseville, MN pipeline. Based on a review of\nthe documentation you provided on October 23, 2006, and January 24, 2011, it has been determined that\nyou have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the matters\ninvolved in this case. Thank you for your cooperation in this matter.\nSincerely,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":7114}