NUSTAR LOGISTICS, L.P. — Notice of Probable Violation

party submissionOfficial PDF32023004NOPV_Operator Response to Notice_03022023_(22-258120).pdf#

case documentOfficial PDF32023004NOPV_PCP_02022023_(22-258120).pdf#

case documentOfficial PDF32023004NOPV_PCP_02022023_(22-258120)_text.pdf#

32023004NOPV_Final Order_04262023_(22-258120)_text.pdf, page 1Official PDFApril 26, 2023 VIA ELECTRONIC MAIL TO: brad.barron@nustarenergy.com Mr. Brad Barron Chairman of the Board, President, and Chief Executive Officer NuStar Energy L.P. 19003 IH-10 West San Antonio, Texas 78257 Re: CPF No. 3-2023-004-NOPV Dear Mr. Barron: Enclosed please find the Final Order issued in the above-referenced case to NuStar Logistics, L.P., a subsidiary of NuStar Energy L.P. It makes findings of violation and finds that the civil penalty amount of $5,500 has been paid in full. This case is now 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 Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA Mr. Gary Koegeboehn, Vice President Pipeline Operations, NuStar Energy L.P., gary.koegeboehn@nustarenergy.com Ms. Tricia G. Dietrich Petty, Executive Director, Health and Safety, NuStar Energy L.P., tricia.dietrichpetty@nustarenergy.com CONFIRMATION OF RECEIPT REQUESTED#

32023004NOPV_Final Order_04262023_(22-258120)_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 ) ) NuStar Logistics, L.P., ) CPF No. 3-2023-004-NOPV a subsidiary of NuStar Energy L.P., ) ) Respondent. ) ____________________________________) FINAL ORDER On February 2, 2023, 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 NuStar Logistics, L.P. (Respondent), a subsidiary of NuStar Energy L.P. The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Parts 40 and 199 and proposed a civil penalty of $5,500. NuStar Pipeline Operating Partnership L.P. responded on behalf of Respondent, did not contest the allegations of violation, and paid the proposed civil penalty on March 8, 2023. Based upon 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. § 40.15(c) (Item 1) ─ Respondent failed to use service agents that complied with all applicable requirements of Part 40 and other DOT drug and alcohol testing regulations. 49 C.F.R. § 199.105(c)(6) (Item 2) ─ Respondent failed to randomly select a sufficient number of covered employees for testing during calendar year 2020 to equal an annual rate not less than the minimum annual percentage rate for random drug testing determined by the Administrator, which was 50 percent during calendar year 2020. 49 C.F.R. § 199.105(c)(7) (Item 3) ─ Respondent failed to ensure that the dates for administering random drug tests were spread reasonably throughout the calendar year. These findings of violation will be considered prior offenses 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 $5,500, which Respondent has already paid in full.#

32023004NOPV_Final Order_04262023_(22-258120)_text.pdf, page 3Warning Items With respect to Items 1 and 3, the Notice alleged probable violations of 49 C.F.R. §§ 40.15(c) and 199.105(c)(7), respectively, but did not propose a civil penalty or compliance order for these 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. April 26, 2023 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#