{"operation":"document","citation":"CPF 320085013","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":"2008-12-12","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.401(b), 195.583(a), 195.589(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320085013.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320085013.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320085013","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320085013","body":"Notice of Probable Violation involving NUSTAR PIPELINE OPERATING PARTNERSHIP L.P.. PHMSA's enforcement data identifies the cited regulations as 195.401(b),  195.583(a),  195.589(c). The case was opened on 2008-12-12 and is reported as closed as of 2010-09-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320085013_Final Order_09132010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085013/320085013_Final%20Order_09132010.pdf\n\n320085013_Final Order_09132010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085013/320085013_Final%20Order_09132010_text.pdf\n\n320085013_NOPV PCO_12122008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085013/320085013_NOPV%20PCO_12122008.pdf\n\n320085013_nopv pco_12122008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085013/320085013_nopv%20pco_12122008_text.pdf\n\n320085013_Operator Response_01092009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085013/320085013_Operator%20Response_01092009.pdf\n\n320085013_Final Order_09132010_text.pdf\n\nSEP 13 2010\nMr. Todd Denton\nVice President, Operations\nNuStar Pipeline Operating Partnership, LP\nP.O. Box 781609\nSan Antonio, TX 78278\nRe: CPF No. 3-2008-5013\nDear Mr. Denton:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and determines that NuStar Pipeline Operating Partnership, LP, has completed the\nactions specified in the Notice to comply with the pipeline safety regulations. Therefore, this\ncase is now closed. Service of the Final Order by certified mail is deemed effective upon the\ndate of mailing, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. David Barrett, Director, Central Region, PHMSA\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 1160 0001 0039 0669]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nNuStar Pipeline Operating ) CPF No. 3-2008-5013\nPartnership, LP, )\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn August 4-8 and 18-21, 2008, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline\nand Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of NuStar Pipeline\nOperating Partnership, LP (NuStar or Respondent), in Missouri, Nebraska and Iowa. NuStar\noperates over 2,260 miles of anhydrous ammonia pipeline in seven states.\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated December 12, 2008, a Notice of Probable Violation and Proposed Compliance\nNuStar had violated 49 C.F.R. § 195.401(b), and proposed ordering Respondent to take certain\nmeasures to correct the alleged violation. The Notice also proposed finding that Respondent had\ncommitted certain other probable violations of 49 C.F.R. Part 195 and warning Respondent to\ntake appropriate corrective action or be subject to future enforcement action.\nOrder (Notice).1 In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that\nNuStar responded to the Notice by letter dated January 9, 2009 (Response). The company did\nnot contest the allegation of violation but provided information concerning the corrective actions\nit had taken. Respondent did not request a hearing and therefore has waived its right to one.\nFINDING OF VIOLATION\nIn its Response, NuStar did not contest the allegation in the Notice that it violated 49 C.F.R. Part\n195, as follows:\n1 The Notice was erroneously addressed to “NuStar Pipeline Operating Partnership, LLC,” instead of the correct\nentity, “NuStar Pipeline Operating Partnership, LP.” The latter responded to the Notice and is the proper party to\nwhich this Final Order is issued.\n\n\n\n2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.401(b), which states:\n§ 195.401 General requirements.\n(a) . . . .\n(b) Whenever an operator discovers any condition that could\nadversely affect the safe operation of its pipeline system, it shall correct it\nwithin a reasonable time. However, if the condition is of such a nature that\nit presents an immediate hazard to persons or property, the operator may\nnot operate the affected part of the system until it has corrected the unsafe\ncondition.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.401(b) by failing to correct an\nunsafe condition within a reasonable time. During inspections in 2004 and 2007, PHMSA\nidentified a section of an exposed pipeline span that was being placed under stress by a concrete\ncap. The Notice alleged that the concrete cap was resting on the pipeline due to erosion.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.401(b) by failing to correct an\nunsafe condition that could adversely affect the operation of its pipeline system.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for a violation of 49\nC.F.R. § 195.401(b). Under 49 U.S.C. § 60118(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. The Director\nindicates that Respondent has taken the following actions specified in the proposed compliance\norder:\nWith respect to the violation of § 195.401(b) (Item 1), Respondent remediated the\nunsafe condition. Respondent removed the concrete cap that was resting on the pipeline\nand then inspected the line and found that no repairs were necessary. Respondent\nrecoated the exposed portion of the pipeline and placed markers at either end of the\nexposure. Respondent also provided PHMSA with photographs of these safety\nimprovement, as well as documentation of the associated costs.\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\nWARNING ITEMS\nWith respect to Items 2 and 3, the Notice alleged probable violations of Part 195 but did not\npropose a civil penalty or compliance order for these items. Therefore, these are considered to\nbe warning items. The warnings were for:\n\n\n\n3\n49 C.F.R. § 195.583(a) (Item 2) ─ Respondent’s alleged failure to inspect\nportions of onshore pipeline exposed to the atmosphere for evidence of\natmospheric corrosion within the required 39-month maximum allowable\ninspection interval. Specifically, the Notice alleged that eight inspections of\nRespondent’s pipeline in Missouri exceeded the 39-month maximum allowable\ninspection interval by two months; and\n49 C.F.R. § 195.589(c) (Item 3) ─ Respondent’s alleged failure to maintain\nrecords of required inspections. Specifically, the Notice alleged that NuStar did\nnot maintain records of internal inspections of spools of pipe when they were\nremoved from the pipeline.\nNuStar presented information in its Response showing that it had taken certain actions to address\nthe cited items. Accordingly, having considered such information, I find, pursuant to 49 C.F.R.\n§ 190.205, that probable violations of 49 C.F.R. § 195.583(a) (Notice Item 2) and 49 C.F.R.\n§ 195.589(c) (Notice Item 3) have occurred, and Respondent is hereby advised to correct such\nconditions. In the event that OPS finds a violation of these provisions in a subsequent\ninspection, Respondent may be subject to future enforcement action.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8187}