{"operation":"document","citation":"CPF 320195022W","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":"2019-10-03","effective_on":null,"summary":"CLOSED warning letter citing 195.214(a), 195.222(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195022w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195022w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195022w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320195022W","body":"Warning Letter involving NUSTAR PIPELINE OPERATING PARTNERSHIP L.P.. PHMSA's enforcement data identifies the cited regulations as 195.214(a),  195.222(a). The case was opened on 2019-10-03 and is reported as closed as of 2019-10-03. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320195022W_Warning Letter_10032019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195022W/320195022W_Warning%20Letter_10032019.pdf\n\n320195022W_Warning Letter_10032019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195022W/320195022W_Warning%20Letter_10032019_text.pdf\n\n320195022W_Warning Letter_10032019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 3, 2019\nMr. Brad Barron\nPresident and Chief Executive Officer\nNuStar Energy, L.P.\n19003 IH-10 West\nSan Antonio, TX 78257\nCPF 3-2019-5022W\nDear Mr. Barron:\nOn September 17-18, 2019, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nyour subsidiary’s, NuStar Pipeline Operating Partnership (NuStar), 8-inch diameter anhydrous\nammonia pipeline replacement project in Giliespie, Illinois.\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), Part 195. The items\ninspected and the probable violations are:\n1. §195.214 Welding procedures\n(a) Welding must be performed by a qualified welder or welding operator in\naccordance with welding procedures qualified under section 5, section 12,\nAppendix A or Appendix B of API Std 1104 (incorporated by reference, see §\n195.3), or Section IX of the ASME Boiler and Pressure Vessel Code (ASME\nBPVC) (incorporated by reference, see § 195.3). The quality of the test welds used\nto qualify the welding procedures must be determined by destructive testing.\n\n\n\nNustar did not perform welding per the procedure “S/232 Groove Any” which is the welding\nprocedure qualified in accordance to API 1104 using cellulosic electrodes for this replacement\nproject.\nProcedure “S/232 Groove Any” specifically states that a minimum of four (4) weld passes\nmust be completed for each weld. During the inspection, the PHMSA representative\ndiscovered that welders were using three (3) passes to complete welds.\nUnless the procedure is changed as allowed by the pipeline safety regulations and standards\nincorporated by reference, the welders must follow the procedure as written. The welders do\nnot have the authority to change a procedure themselves. This issue was addressed\nimmediately by NuStar, and the welders began using a minimum of four (4) passes in each\nweld.\n2. §195.222 Welders and welding operators: Qualification of welders and welding\noperators.\n(a) Each welder or welding operator must be qualified in accordance with section 6,\nsection 12, Appendix A or Appendix B of API Std 1104 (incorporated by reference, see\n§ 195.3), or section IX of the ASME Boiler and Pressure Vessel Code (ASME BPVC),\n(incorporated by reference, see § 195.3) except that a welder or welding operator\nqualified under an earlier edition than listed in § 195.3, may weld but may not\nrequalify under that earlier edition.\nNustar did not properly qualify welders to use procedure “S/232 Groove LH” which is the\nwelding procedure qualified in accordance to API 1104 using low-hydrogen electrodes for\nthis replacement project.\nProcedure “S/232 Groove LH” specifically requires a minimum of four (4) passes to\ncomplete this weld. During the inspection, a PHMSA representative reviewed the\nqualification records for the contract welders, which showed that only three (3) passes were\nused during welder qualification. A welder qualification test is used to demonstrate the\nwelders’ ability to follow a procedure; therefore, it is critical that the welders follow the\nprocedure as written. NuStar indicated that all contract welders would be re-tested on this\nwelding procedure, if they needed to use the procedure.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465\nfor a related series of violations. For violation occurring on or after November 27, 2018 and\nbefore July 31, 2019, the maximum penalty may not exceed $213,268 per violation per day,\nwith a maximum penalty not to exceed $2,132,679. For violation occurring on or after\nNovember 2, 2015 and before November 27, 2018, the maximum penalty may not exceed\n2\n\n\n\n$209,002 per violation per day, with a maximum penalty not to exceed $2,090,022. For\nviolations occurring prior to November 2, 2015, the maximum penalty may not exceed\n$200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for a related\nseries of violations. We have reviewed the circumstances and supporting documents involved\nin this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the items identified in this letter.\nFailure to do so will result in NuStar Pipeline Operating Partnership L.P. being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 3-2019-5022W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any portion\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with the\nportions you believe qualify for confidential treatment redacted and an explanation of why you\nbelieve the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\ncc: Mr. Gary Koegeboehn, Vice President – Pipeline Operations, NuStar Energy L.P., 19003\nIH-10 West, San Antonio, TX 78257\n3","truncated":false,"body_characters":6170}