AGRIUM U.S. INC. — Notice of Probable Violation

case documentOfficial PDF320206001_NOPV PCP_10152020.pdf#

case documentOfficial PDF320206001_NOPV PCP_10152020_text.pdf#

320206001_Final Order_12102020_text.pdf, page 1Official PDFDecember 10, 2020 VIA ELECTRONIC MAIL TO: chuck.magro@nutrien.com Mr. Chuck Magro President and Chief Executive Officer Nutrien, Ltd. 13131 Lake Fraser Drive SE Calgary Alberta Canada T2J 7E8 Re: CPF No. 3-2020-6001 Dear Mr. Magro: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation, and finds that the civil penalty amount of $19,000 has been paid in full. This case is now closed. Service of the Final Order by electronic mail is effective upon the date of transmission as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA Mr. Matthew Haskin, Director - Terminals, Nutrien, Ltd., matthew.haskin@nutrien.com CONFIRMATION OF RECEIPT REQUESTED#

320206001_Final Order_12102020_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ ) In the Matter of ) ) Nutrien, Ltd., ) CPF No. 3-2020-6001 ) Respondent. ) ____________________________________) FINAL ORDER On October 15, 2020, pursuant to 49 C.F.R. § 190.207, the Director, Central Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Nutrien, Ltd.1 (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 195 and proposed a civil penalty of $19,000. Respondent did not contest the allegations of violation and paid the proposed civil penalty on November 9, 2020. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulation listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 195.64 (Item 2) ─ Respondent failed to obtain an Operator Identification Number from PHMSA until five years after its pipeline system had been in operation. This finding of violation will be a considered a prior offense in any subsequent enforcement action taken against Respondent. In accordance with 49 C.F.R. § 190.223, Respondent is assessed the proposed civil penalty amount of $19,000, which Respondent has already paid in full. WARNING ITEMS With respect to Items 1 and 3, the Notice alleged probable violations of 49 C.F.R. §§ 195.49 and 195.402, respectively, but did not propose a civil penalty or compliance order for these 1 The PHMSA Operator Identification Number identifies the operator as Agrium US, Inc. In January 2018, Agrium, Inc., and Potash Corporation of Saskatchewan, Inc., merged to form Nutrien, Ltd. See https://www.nutrien.com/sites/default/files/uploads/2020-03/Nutrien 2019 Annual Report Enhanced.pdf (last accessed Deccember 1, 2020).#

320206001_Final Order_12102020_text.pdf, page 3CPF No. 3-2020-6001 Page 2 items. Therefore, these are considered to be warning items. If OPS finds a violation of any of these items in a subsequent inspection, Respondent may be subject to future enforcement action. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. December 10, 2020 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#