# NUSTAR LOGISTICS, L.P. — Notice of Amendment

- **operation:** document
- **citation:** CPF 32022007NOA
- **title:** NUSTAR LOGISTICS, L.P. — Notice of Amendment
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2022-01-28
- **effective on:** Not available
- **summary:** CLOSED notice of amendment citing 195.402(c)(3), 195.452(f)(5), 195.452(f)(6), 195.452(k).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-32022007noa.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-32022007noa.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-32022007noa
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/32022007NOA
**body:**

Notice of Amendment involving NUSTAR LOGISTICS, L.P.. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.452(f)(5),  195.452(f)(6),  195.452(k). The case was opened on 2022-01-28 and is reported as closed as of 2022-04-07. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

32022007NOA_Closure Letter_04072022_(20-179651).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022007NOA/32022007NOA_Closure%20Letter_04072022_(20-179651).pdf

32022007NOA_Closure Letter_04072022_(20-179651)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022007NOA/32022007NOA_Closure%20Letter_04072022_(20-179651)_text.pdf

32022007NOA_Notice of Amendment_01282022_(20-179651).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022007NOA/32022007NOA_Notice%20of%20Amendment_01282022_(20-179651).pdf

32022007NOA_Notice of Amendment_01282022_(20-179651)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022007NOA/32022007NOA_Notice%20of%20Amendment_01282022_(20-179651)_text.pdf

32022007NOA_Notice of Amendment_01282022_(20-179651)_text.pdf

NOTICE OF AMENDMENT
VIA ELECTRONIC MAIL TO: Brad.Barron@nustarenergy.com and
gary.koegeboehn@nustarenergy.com
January 28, 2022
Mr. Brad Barron
President and Chief Executive Officer
NuStar Pipeline Operating Partnership, L.P.
19003 IH-10 West
San Antonio, Texas 78257
RE: NuStar Logistics, L.P.
CPF 3-2022-007-NOA
Dear Mr. Barron:
From February 24, 2020, through December 9, 2020, representatives of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United
States Code (U.S.C.), inspected NuStar Logistics, L.P.’s (NuStar)1 procedures for its pipeline
facilities in Texas, Oklahoma, New Mexico, and Colorado subject to 49 CFR Part 195.
On the basis of the inspection, PHMSA has identified the apparent inadequacies found within
NuStar’s procedures, as described below:
1 NuStar Pipeline Operating Partnership, L.P. operates the assets of NuStar Logistics, L.P.



1. § 195.402 Procedural manual for operations, maintenance, and emergencies.
(a) . . .
(c) Maintenance and normal operations. The manual required by paragraph (a) of
this section must include procedures for the following to provide safety during
maintenance and normal operations:
(3) Operating, maintaining, and repairing the pipeline system in accordance with
each of the requirements of this subpart and subpart H of this part.
During the PHMSA inspection, pipeline pig launcher and receiver kicker valves were observed
partially opened to ensure thermal relief of the barrel during non-pigging operations. However,
NuStar’s O&M procedures 317 and 318 did not specifically identify that launcher and receiver
kicker valves be left in this state to ensure thermal relief during non-pigging operations and
provide safety during normal operations. NuStar’s procedures were therefore inadequate and did
not adequately address the requirements of § 195.402(c)(3). On November 16, 2021, NuStar
submitted amendments to the procedures that satisfactorily address this inadequacy. No further
action is required.
2. § 195.452 Pipeline integrity management in high consequence areas.
(a) . . .
(f) What are the elements of an integrity management program? An integrity
management program begins with the initial framework. An operator must
continually change the program to reflect operating experience, conclusions
drawn from results of the integrity assessments, and other maintenance and
surveillance data, and evaluation of consequences of failure on the high
consequence area. An operator must include, at minimum, each of the following
elements in its written integrity management program . . .
(5) A continual process of assessment and evaluation to maintain a pipeline’s
integrity (see paragraph (j) of this section);
NuStar’s Liquid Integrity Management Program and Procedures Manual (IMP), Version 8.1
(dated July 2020), did not incorporate by reference the Crack Integrity Management Program
Manual (CIMP). Based on NuStar’s operating experience, the CIMP is used in certain
circumstances to evaluate pipeline integrity. Therefore, by not including the CIMP in its IMP
program, NuStar has not continually changed the IMP program to reflect operating experience in
accordance with §195.452(f)(5). On November 16, 2021, NuStar submitted amendments to the
IMP that satisfactorily address this inadequacy. No further action is necessary.
2



3. § 195.452 Pipeline integrity management in high consequence areas.
(a) . . .
(f) What are the elements of an integrity management program? An integrity
management program begins with the initial framework. An operator must
continually change the program to reflect operating experience, conclusions
drawn from results of the integrity assessments, and other maintenance and
surveillance data, and evaluation of consequences of failure on the high
consequence area. An operator must include, at minimum, each of the following
elements in its written integrity management program . . .
(5) A continual process of assessment and evaluation to maintain a pipeline’s
integrity (see paragraph (j) of this section);
The Facility Integrity Management Program (FIMP) did not incorporate lessons learned from
operating experience, such as failures, root cause analyses, and/or trending facility leak history.
Specifically, the FIMP did not require appropriate corrections or modifications be made to the
FIMP based on lessons learned. In addition, the FIMP did not require review of abnormal
operations, lessons learned, and near-misses to ensure appropriate actions be taken at facilities
for the identified threats. Further, the FIMP did not clarify the periodic evaluation intervals
based on facility risk factors. For example, evaluation intervals may depend on the facility type
(e.g. pump stations, breakout tanks, metering and delivery stations, etc.) or types of risk, etc.
Therefore, NuStar’s FIMP was not in accordance with §195.452(f)(5). On November 16, 2021,
NuStar submitted amendments to the FIMP that satisfactorily address the above issues. No
further action is necessary.
4. § 195.452 Pipeline Integrity Management in high consequence areas.
(a) . . .
(f) What are the elements of an integrity management program? An integrity
management program begins with the initial framework. An operator must
continually change the program to reflect operating experience, conclusions
drawn from results of the integrity assessments, and other maintenance and
surveillance data, and evaluation of consequences of failure on the high
consequence area. An operator must include, at minimum, each of the following
elements in its written integrity management program . . .
(6) Identification of preventive and mitigative measures to protect the high
consequence area (see paragraph (i) of this section);
NuStar's Facility Integrity Management Program, Version A, 2020 (FIMP) failed to identify
preventative and mitigative measures to protect the high consequence area. Specifically, the
FIMP did not describe the documentation and records that are to be maintained for the facility
P&M process. Therefore, the FIMP was inadequate and not in accordance with §195.452(f)(6).
On November 16, 2021, NuStar submitted amendments to the FIMP that satisfactorily address
the above issue. No further action is required.
3



5. § 195.452 Pipeline integrity management in high consequence areas.
(a) . . .
(k) What methods to measure program effectiveness must be used? An operator's
program must include methods to measure whether the program is effective in
assessing and evaluating the integrity of each pipeline segment and in protecting
the high consequence areas. See Appendix C of this part for guidance on
methods that can be used to evaluate a program's effectiveness.
NuStar’s Liquid Pipeline Integrity Management Program (IMP), Section 8.1, and Procedure 801
(Annual IMP Review) outline that the IMP annual review include measures, performance
metrics, and data from external sources, such as PHMSA data. However, it was not clear how
NuStar documents any feedback from this review that results in procedural changes.
Specifically, procedure change logs have been documented in the IMP, but whether the changes
came from the IMP program effectiveness review was not evident. Therefore, NuStar’s IMP and
Procedure 801 were not in accordance with §195.452(k). On December 16, 2021, NuStar
submitted amendments to the IMP and Procedure 801 that satisfactorily address the above issue.
No further action is required.
Response to this Notice
This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as
part of this Notice is a document entitled Response Options for Pipeline Operators in
Enforcement Proceedings. Please refer to this document and note the response options. Be
advised that all material you submit in response to this enforcement action is subject to being
made publicly available. If you believe that any portion of your responsive material qualifies for
confidential treatment under 5 U.S.C. 552(b), along with the complete original document you
must provide a second copy of the document with the portions you believe qualify for
confidential treatment redacted and an explanation of why you believe the redacted information
qualifies for confidential treatment under 5 U.S.C. 552(b).
Following the receipt of this Notice, you have 30 days to submit written comments, revised
procedures, or a request for a hearing under §190.211. If you do not respond within 30 days of
receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this
Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in
this Notice without further notice to you and to issue an Order Directing Amendment. If your
plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend
your plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). Since all the
inadequacies identified herein have been addressed in your amended procedures, this
enforcement will be closed in 30 days unless you respond contesting any items.
4



It is requested (not mandated) that NuStar Logistics, L.P., maintain documentation of the safety
improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of
plans, procedures) and submit the total to Gregory A. Ochs, Director, Central Region, Office of
Pipeline Safety, Pipeline and Hazardous Materials Safety Administration. In correspondence
concerning this matter, please refer to CPF 3-2022-007-NOA and, for each document you
submit, please provide a copy in electronic format whenever possible.
Sincerely,
Gregory A. Ochs
Director, Central Region, OPS
Pipeline and Hazardous Materials Safety Administration
Enclosure: Response Options for Pipeline Operators in Enforcement Proceedings
Cc: Gary Koegeboehn
Vice President of Pipeline Operations
NuStar Pipeline Operating Partnership, L.P.
19003 IH-10 West
San Antonio, Texas 78257
gary.koegeboehm@nustarenergy.com
5

32022007NOA_Closure Letter_04072022_(20-179651)_text.pdf

VIA ELECTRONIC MAIL TO: Brad.Barron@nustarenergy.com;
gary.koegeboehn@nustarenergy.com
April 7, 2022
Mr. Brad Barron
President and Chief Executive Officer
NuStar Pipeline Operating Partnership, L.P.
19003 IH-10 West
San Antonio, Texas 78257
RE: NuStar Logistics, L.P.
Re: CPF 3-2022-007-NOA
Dear Mr. Barron:
From February 24, 2020, through December 9, 2021, representatives from the Pipeline and
Hazardous Materials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United
States Code (U.S.C.), inspected NuStar Logistics, L.P.’s (NuStar)1 procedures for its pipeline
facilities in Texas, Oklahoma, New Mexico, and Colorado subject to 49 CFR Part 195. As a
result of the inspection, NuStar was issued a Notice of Amendment on January 28, 2022, which
proposed amendment of your procedures.
NuStar submitted its amended procedures on or before December 26, 2021. My staff reviewed
the amended procedures, and it appears that the inadequacies outlined in this Notice of
Amendment have been corrected.
This letter is to inform you no further action is necessary and this case is now closed. Thank you
for your cooperation.
Sincerely,
Gregory A. Ochs
Director, Central Region, Office of Pipeline Safety
Pipeline and Hazardous Materials Safety Administration
cc: Gary Koegeboehn, Vice President of Pipeline Operations, NuStar Pipeline Operating
Partnership, L.P., gary.koegeboehm@nustarenergy.com
1 NuStar Pipeline Operating Partnership, L.P. operates the assets of NuStar Logistics, L.P.
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