CPF 32022024NOPV
CPF 32022024NOPV
party submissionOfficial PDF32022024NOPV_Operator Response to Notice_04182022_(20-179518).pdf#
case documentOfficial PDF32022024NOPV_PCO_03252022_(20-179518).pdf#
case documentOfficial PDF32022024NOPV_PCO_03252022_(20-179518)_text.pdf#
32022024NOPV_Closure Letter_03142025_(20-179518)_text.pdf, page 1Official PDFVIA ELECTRONIC MAIL TO: KLappinga@HollandTerminal.com; nboschma@hollandterminal.com; THowell@rcp.com March 14, 2025 Kelly Lappinga Facility Manager Tanks R Us, LLC 630 Ottawa Avenue, Holland, MI 49423 RE: CPF 3-2022-024-NOPV Dear Mr. Lappinga: On June 2, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to Tanks R Us, LLC (TRU) a Final Order pursuant to 49 CFR § 190.213. The Order included a Compliance Order. Based on our review of the documentation provided on March 8, 2025, it has been determined that TRU has complied with the terms of the Order. Accordingly, this case is now closed, and no further action is contemplated with respect to the matters involved in this case. Thank you for your cooperation in this matter. Sincerely, Gregory A. Ochs, Director, Central Region, OPS Pipeline and Hazardous Materials Safety Administration cc: Nate Boschma, Tanks R Us, nboschma@hollandterminal.com Tina Hollowell, Tanks R Us, THowell@rcp.com#
32022024NOPV_Final Order_06022022_(20-179518)_text.pdf, page 1Official PDFJune 2, 2022 VIA ELECTRONIC MAIL TO: klappinga@hollandterminal.com Mr. Kelly Lappinga Facility Manager Tanks R Us, LLC 630 Ottawa Avenue Holland, Michigan 49423 Re: CPF No. 3-2022-024-NOPV Dear Mr. Lappinga: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation and specifies actions that need to be taken to comply with the pipeline safety regulations. When the terms of the compliance order are completed, as determined by the Director, Central Region, this enforcement action will be closed. Service of the Final Order by e-mail is effective upon the date of transmission and acknowledgement of receipt 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 A. Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA Mr. Jeff Soerries, Operations Manager, Tanks R Us, jsoerries@hollandterminal.com CONFIRMATION OF RECEIPT REQUESTED#
32022024NOPV_Final Order_06022022_(20-179518)_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 ) Tanks R Us, LLC, ) CPF No. 3-2022-024-NOPV ) ) ) Respondent. ) ____________________________________) FINAL ORDER On March 25, 2022, 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 Tanks R Us, LLC (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 195. The Notice also proposed certain measures to correct the violation. Respondent did not contest the allegations of violation or corrective measures. Based on a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 195.310(a) (Item 1) ─ Respondent failed to maintain a record of each pressure test required by Subpart E of Part 195, including a record of the latest test which must be retained as long as the facility tested is in use. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. Compliance Actions Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the actions proposed in the enclosed Notice to correct the violation. The Director may grant an extension of time to comply with any of the required items upon a written request timely submitted by the Respondent and demonstrating good cause for an extension. Upon completion of the ordered actions, Respondent may request that the Director close the case. Failure to comply with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in referral to the Attorney General for appropriate relief in a district court of the United States.#
32022024NOPV_Final Order_06022022_(20-179518)_text.pdf, page 3CPF 3-2022-024-NOPV Page 2 Warning Item With respect to Item 2, the Notice alleged a probable violation of 49 C.F.R. § 195.402(a), but did not propose a civil penalty or compliance order for this item. Therefore, this is considered to be a warning item. If OPS finds a violation of this provision 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. June 2, 2022 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.