{"operation":"document","citation":"CPF 320135024W","title":"NUSTAR PIPELINE OPERATING PARTNERSHIP L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-07-24","effective_on":null,"summary":"CLOSED warning letter citing 195.440(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135024w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135024w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135024w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320135024W","body":"Warning Letter involving NUSTAR PIPELINE OPERATING PARTNERSHIP L.P.. PHMSA's enforcement data identifies the cited regulation as 195.440(c). The case was opened on 2013-07-24 and is reported as closed as of 2013-07-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320135024W_Warning Letter_07242013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135024W/320135024W_Warning%20Letter_07242013.pdf\n\n320135024W_Warning Letter_07242013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135024W/320135024W_Warning%20Letter_07242013_text.pdf\n\n320135024W_Warning Letter_07242013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED\nJuly 24, 2013\nMr. Gary Koegeboehn\nVice President, Pipeline Operations\nNuStar Pipeline Operating Partnership L.P.\n2330 North Loop 1604 West\nSan Antonio, TX 78248\nCPF 3-2013-5024W\nDear Mr. Koegeboehn:\nOn November 7 - 9, 2011, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the NuStar\nPipeline Operating Partnership L.P. (NuStar) Public Awareness Program in San Antonio, Texas.\nAs a result of the inspection, it appears that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. The item and the probable violation are:\n1. § 195.440 Public Awareness\n(c) The operator must follow the general program recommendations, including baseline\nand supplemental requirements of API RP 1162, unless the operator provides\njustification in its program or procedural manual as to why compliance with all or\ncertain provisions of the recommended practice is not practicable and not necessary for\nsafety.\nNuStar failed to follow the general program recommendations of having an effectiveness evaluation of\nits Public Awareness Program every four years. The deadline for the effectiveness evaluation was\nJune 20, 2010, which would have been four years after the written program’s deadline of June 20,\n2006. However, the effectiveness evaluation was done in-house by NuStar after survey information\nwas received from the vendors in July 2010.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation 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 exceed\n$100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a related series\nof violations. We have reviewed the circumstances and supporting documents involved in this case,\n\n\n\nand have decided not to conduct additional enforcement action or penalty assessment proceedings at\nthis time. We advise you to correct the item identified in this letter. Failure to do so will result in\nNuStar being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF\n3-2013-5024W. Be advised that all material you submit in response to this enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive material\nqualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nSincerely,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Material Safety Administration","truncated":false,"body_characters":3716}