{"operation":"document","citation":"CPF 32023005NOPV","title":"NUSTAR PIPELINE OPERATING PARTNERSHIP L.P. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-01-25","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.214(b), 195.228(a), 195.234(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023005nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023005nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023005nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32023005NOPV","body":"Notice of Probable Violation involving NUSTAR PIPELINE OPERATING PARTNERSHIP L.P.. PHMSA's enforcement data identifies the cited regulations as 195.214(b),  195.228(a),  195.234(b)(1). The case was opened on 2023-01-25 and is reported as closed as of 2024-12-17. Proposed civil penalty: $191,700. Assessed civil penalty: $191,700. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32023005NOPV_Closure Letter_12172024_(22-261675).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_Closure%20Letter_12172024_(22-261675).pdf\n\n32023005NOPV_Closure Letter_12172024_(22-261675)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_Closure%20Letter_12172024_(22-261675)_text.pdf\n\n32023005NOPV_Consent Agreement and Order_07252023_(22-261675).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_Consent%20Agreement%20and%20Order_07252023_(22-261675).pdf\n\n32023005NOPV_Consent Agreement and Order_07252023_(22-261675)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_Consent%20Agreement%20and%20Order_07252023_(22-261675)_text.pdf\n\n32023005NOPV_Operator Withdrawal of Hearing Request_07252023_(22-261675).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_Operator%20Withdrawal%20of%20Hearing%20Request_07252023_(22-261675).pdf\n\n32023005NOPV_PCP PCO_01252023_(22-261675).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_PCP%20PCO_01252023_(22-261675).pdf\n\n32023005NOPV_PCP PCO_01252023_(22-261675)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_PCP%20PCO_01252023_(22-261675)_text.pdf\n\n32023005NOPV_PHC Hearing Scheduled_03132023_(22-261675).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_PHC%20Hearing%20Scheduled_03132023_(22-261675).pdf\n\n32023005NOPV_PHC Hearing Scheduled_03132023_(22-261675)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_PHC%20Hearing%20Scheduled_03132023_(22-261675)_text.pdf\n\n32023005NOPV​_Operator Response to Notice and RFH_02242023_(22-261675).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV%E2%80%8B_Operator%20Response%20to%20Notice%20and%20RFH_02242023_(22-261675).pdf\n\n32023005NOPV_Consent Agreement and Order_07252023_(22-261675)_text.pdf\n\nJuly 25, 2023\nVIA ELECTRONIC MAIL TO: Brad.Barron@nustarenergy.com\nMr. Brad Barron\nPresident and Chief Executive Officer\nNuStar Pipeline Operating Partnership, L.P.\n19003 IH-10 West\nSan Antonio, Texas 78257\nCPF No. 3-2023-005-NOPV\nDear Mr. Barron:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement between\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA) and NuStar Pipeline\nOperating Partnership, L.P., which was executed on July 21, 2023. Service of the Consent Order\nand Consent Agreement by electronic mail is deemed effective upon the date of transmission and\nacknowledgement of receipt, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure: Consent Order and Consent Agreement\ncc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA\nMr. Gary Koegeboehn, Vice President, Pipeline Operations, NuStar,\ngary.koegeboehn@nustarenergy.com\nMr. Chris Rulon, Vice President and Assistant General Counsel, NuStar,\nchris.rulon@nustarenergy.com\nMs. Catherine Little, Counsel for Nustar, Bracewell LLP, catherine.little@bracewell.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n__________________________________________\nIn the Matter of )\nNuStar Pipeline Operating Partnership, LP., ) CPF No. 3-2023-005-NOPV\n)\n)\n)\nRespondent. )\n__________________________________________)\nCONSENT ORDER\nBy letter dated January 25, 2023, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation, Proposed\nCivil Penalty, and Proposed Compliance Order (Notice) to NuStar Pipeline Operating\nPartnership, L.P. (NuStar or Respondent).\nIn response to the Notice, NuStar requested to meet informally with PHMSA to discuss\nclarification and modification of the Proposed Compliance Order (PCO) requirements\n(Response). Respondent also requested a hearing to preserve its rights with regard to the same.\nNuStar and PHMSA (the Parties) subsequently met to discuss the issues raised in the Response.\nAs a result of those discussions, as explained in more detail below, the Parties have agreed to a\nConsent Agreement which clarifies and modifies the terms of the PCO.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order. NuStar is hereby ordered to comply with the terms of the Consent Agreement\npursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent\nOrder may result in the assessment of civil penalties as set forth in 49 U.S.C. § 60122 and 49\nC.F.R. § 190.223, or in referral to the Attorney General for appropriate relief in a district court of\nthe United States.\nThe terms and conditions of this Consent Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nJuly 25, 2023\n__________________________ ______________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n__________________________________________\nIn the Matter of )\nNuStar Pipeline Operating Partnership, L.P., ) CPF No. 3-2023-005-NOPV\n)\n)\n)\nRespondent. )\n__________________________________________)\nCONSENT AGREEMENT\nNuStar Pipeline Operating Partnership, L.P. (NuStar or Respondent) operates an anhydrous\nammonia pipeline system consisting of approximately 2,000 miles of mainline and lateral pipe\nwith diameters ranging from three to ten inches. The system transports anhydrous ammonia\nthrough Louisiana, Arkansas, Missouri, Illinois, Indiana, Iowa, and Nebraska. From September\n12 through September 16, 2022, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49\nUnited States Code (U.S.C.), reviewed records and inspected pipe excavations at three locations\non the NuStar’s anhydrous ammonia system, Cabot to Franklin line segment, in Arkansas. The\nreview and inspection were conducted in coordination with NuStar, which, after being informed\nby PHMSA of potential issues with a former employee, was in the process of voluntarily\nexcavating and re-evaluating sleeves to verify their integrity.\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated January 25, 2023, a Notice of Probable Violation, Proposed Compliance Order,\nand Proposed Civil Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice\nproposed finding that NuStar committed violations of three provisions of 49 C.F.R. Part 195\n(Items 1, 2, and 3), proposed ordering Respondent to take certain measures to correct the alleged\nviolations, and proposed a civil penalty of $191,700. Prior to and after receiving the Notice,\nNuStar has coordinated with and provided records and information to PHMSA, updated its\nprocedures and processes, retrained work crews and continued to excavate, re-evaluate and,\nwhere necessary, repair issues identified by the Notice.\nNuStar responded to the Notice by letter dated February 24, 2023 (Response), requesting a\nhearing and to meet informally with PHMSA to discuss clarification and modification of the\nProposed Compliance Order (PCO) requirements to avoid the need for a hearing. NuStar stated\nit accepted the allegations and proposed civil penalties associated with Notice Items 1, 2, and 3.\nPHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the\n\n\n\nResponse. As a result of those discussions and as explained in more detail below, the Parties\nagreed to clarification and modification of the PCO requirements.\nHaving agreed that settlement of this proceeding will avoid further administrative proceedings or\nlitigation and will serve the public interest by promoting safety and protection of the\nenvironment, pursuant to 49 U.S.C. § 60101, et seq. and 49 C.F.R. Part 190, and upon consent\nand agreement, the Parties hereby agree as follows:\nI. General Provisions:\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the\nFederal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative\norders issued thereunder. For purposes of this Consent Agreement (Agreement), Respondent\nacknowledges that it received proper notice of PHMSA’s action in this proceeding and that the\nNotice states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq.,\nand the regulations and orders issued thereunder.\n2. After Respondent returns this signed Agreement to PHMSA, the Agency’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety, recommending\nthat the Associate Administrator adopt the terms of this Agreement by issuing an administrative\norder (Consent Order) incorporating the terms of this Agreement. The terms of this Agreement\nconstitute an offer of settlement until accepted by the Associate Administrator. Once accepted,\nthe Associate Administrator will issue a Consent Order incorporating the terms of this Agreement.\n3. Respondent consents to the issuance of the Consent Order, and hereby waives any\nfurther procedural requirements with respect to its issuance. Respondent waives all rights to\ncontest the adequacy of notice, or the validity of the Consent Order or this Agreement, including\nall rights to administrative or judicial hearings or appeals, except for the Dispute Resolution\nprovisions set forth herein. Respondent agrees to promptly withdraw its request for an\nadministrative hearing regarding the Notice upon receipt of the signed Agreement.\n4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons\notherwise bound by law. Respondent agrees to provide a copy of this Agreement and any\nincorporated work plans and schedules to all of Respondent’s officers, employees, and agents\nwhose duties might reasonably include compliance with this Agreement.\n5. This Agreement constitutes the final, complete, and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement.\nThe Parties acknowledge that there are no representations, agreements or understandings relating\nto settlement other than those expressly contained in this Agreement, except that the terms of this\nAgreement may be construed by reference to the Notice.\n6. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,\n\n\n\net seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters\nPHMSA’s right of access, entry, inspection, and information gathering or PHMSA’s authority to\nbring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n7. For all transfers of ownership or operating responsibility of Respondent’s pipeline\nsystem referenced herein, Respondent will provide a copy of this Agreement to the prospective\ntransferee at least 30 days prior to such transfer. Respondent will provide written notice of the\ntransfer to the Director no later than 60 days after the transfer occurs.\n8. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems. This Agreement is not a\npermit, or a modification of any permit, under any Federal, State, or local laws or regulations.\nRespondent remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n9. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n10. Except as set forth herein, this Agreement does not constitute a finding of\nviolation of any other federal law or regulation and may not be used in any civil proceeding of\nany kind as evidence or proof of any fact, fault, or liability, or as evidence of a violation of any\nlaw, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this\nAgreement or in future PHMSA enforcement actions.\nII. Findings of Violation:\n11. Item 1 - 49 C.F.R. § 195.214(b): The Notice alleged that NuStar’s qualified\ncontract welder did not follow welding procedures when he welded a sleeve on the pipeline at an\nanomaly dig at Mile Post 10.28 on the Cabot to Franklin line segment in Arkansas. Respondent\ndid not contest the allegation of violation as alleged in the Notice. As such, PHMSA finds a\nviolation of 49 C.F.R. § 195.214(b).\n12. Item 2 - 49 C.F.R. § 195.228: The Notice alleged that NuStar’s company\ninspector did not adequately visually inspect the fillet and longitudinal welds on certain repair\nsleeves installed during anomaly investigation digs beginning in 2020 as required by NuStar’s\nwelding manual and API 1104. Respondent did not contest the allegation of violation as alleged\nin the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 195.228.\n13. Item 3 - 49 C.F.R. § 195.234(b)(1): The Notice alleged that NuStar’s company\ninspector, despite indicating that magnetic particle testing was completed on required\ndocumentation, did not adequately non-destructively test the fillet and longitudinal welds on\n\n\n\ncertain repair sleeves in accordance with NuStar’s written set of procedures. Respondent did not\ncontest the allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of\n49 C.F.R. § 195.234(b)(1).\n14. Items 1, 2, and 3, will be considered by PHMSA as prior offenses in any future\nPHMSA enforcement action taken against Respondent for the five (5)-year period following the\nEffective Date of this Agreement.\nIII. Civil Penalty:\n15. Items 1, 2, and 3: The Notice proposed assessing a civil penalty in the amount of\n$63,900 for Item 1, $63,900 for Item 2, and $63,900 for Item 3. Respondent did not contest the\nproposed civil penalties for these Items. As such, Respondent shall pay a civil penalty in the\namount of $63,900 for Item 1, $63,900 for Item 2, and $63,900 for Item 3.\n16. Respondent shall pay a total civil penalty in the amount of $191,700, pursuant to\nthe payment instructions at 49 C.F.R. § 190.227(a), to be paid in full no later than 20 days from\nthe Effective Date of this Agreement.\nIV. Compliance Order:\n17. Items 1, 2, and 3: The Notice proposed certain compliance order actions to\naddress the non-compliance alleged in the Notice. Respondent requested clarification and\nmodification of the Proposed Compliance Order (PCO) requirements to specify the scope of\nactions required and the standards to be met under the PCO terms. The Parties agreed to certain\nclarifications and modifications to the PCO to provide clarity regarding the actions necessary to\nensure proper implementation. As such, Respondent agrees to undertake the following\ncorrective measures:\nA. Action Plan.\n1. Respondent must identify (a) all the welds produced by the Welder\nidentified on Work Order 40951429 from 2017 to 2022 and (b) all the\nwelds that were evaluated by the Company Inspector identified on Work\nOrder 40951429 from 2017 to 2022 (collectively, the “Subject Welds”).\nThis information must be submitted to the Director within 90 days of the\nEffective Date of the Consent Agreement.\nWithin 90 days of the Effective Date of the Consent Agreement,\nRespondent must submit to the Director for review and approval the\nfollowing:\na. How Respondent determined which of the Subject Welds will be\nexcavated and re-evaluated, and how Respondent will prioritize\nthose excavations and re-evaluations; and\n2.\n\n\n\n3. B. C. b. An approach for verifying that the Subject Welds meet the visual\ninspection and non-destructive inspection acceptability\nrequirements within Section 9 of API 1104 (20th edition, October\n2004, including errata/addendum (July 2007) and errata 2 (2008))\n(the “Welding Standards”).\nRespondent may submit a written request to use a statistical approach (e.g.,\na 95% confidence level) to determine if certain of the Subject Welds meet\nthe Welding Standards. The PHMSA Central Region Director will review\nand approve any such request, if made. If approved, Respondent will only\nbe required to demonstrate compliance with the approved statistical\napproach to satisfy compliance with I.A.2.(b) for the population specified.\nMonthly Report. Respondent will provide the Director with a schedule by the\n20th of every month, which includes a list of the projected locations that are\ntargeted for excavation and re-evaluation during the upcoming month(s).\nQuarterly Report. Respondent will provide the Director with a quarterly update\non the number of Subject Welds that were excavated and evaluated, relevant\nfindings, and the remediation performed. The report may include an update on\nRespondent’s progress toward developing a statistical approach as referenced in\nItem I.A.3. above. The first report shall be due on October 1, 2023.\nCompletion Date. All re-evaluations and excavations, as appropriate, must be\ncompleted by December 31, 2024.\nExtensions of Time. To the extent that Respondent is unable to meet any of the\nspecified deadlines, including completion of the required evaluations and any\nnecessary remediations by December 31, 2024, Respondent must submit a written\nrequest and explanation for an extension at least 30 days prior to the deadline. The\nDirector will review and approve any reasonable requests for extensions.\nV. Enforcement:\n18. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties\nunder 49 U.S.C. § 60122, of up to $239,142 per violation for each day the violation continues and\nreferral of the case to the Attorney General for judicial enforcement, if PHMSA determines that\nRespondent is not complying with the terms of this Agreement in accordance with the\ndeterminations made by the Director, or in accordance with decisions of the Associate\nAdministrator if resolved pursuant to the Dispute Resolution process herein. The maximum civil\npenalty amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223. All work plans,\naction plans, and associated schedules set forth or referenced in Section IV are automatically\nincorporated into this Agreement and are enforceable in the same manner.\nD. E.\n\n\n\nVI. Review and Approval Process:\n19. With respect to any submission under Section IV (Compliance Order) of this\nAgreement that requires the approval of the Director, the Director may: (a) approve, in whole or\nin part, the submission; (b) approve the submission on specified, reasonable conditions; (c)\ndisapprove, in whole or in part, the submission; or (d) any combination of the foregoing. If the\nDirector approves, approves in part, or approves with conditions, Respondent will take all\nactions as approved by the Director, subject to Respondent’s right to invoke the dispute\nresolution procedures with respect to any conditions the Director identifies. If the Director\ndisapproves all or any portion of the submission, the Director will provide Respondent a written\nnotice of the deficiencies. Respondent will correct all deficiencies within the time specified by\nthe Director and resubmit it for approval.\nVII. Dispute Resolution:\n20. The Director and Respondent will informally attempt to resolve any disputes\narising under this Agreement, including any decision of the Director under the terms of Sections\nIV (Compliance Order) and VI (Review and Approval Process). If Respondent and the Director\nare unable to informally resolve the dispute within 15 calendar days after the dispute is first\nraised, in writing, to the Director, Respondent may submit a written request for a determination\nresolving the dispute from the Associate Administrator for Pipeline Safety, PHMSA. Such\nrequest must be made in writing and provided to the Director, counsel for the Central Region,\nand to the Associate Administrator for Pipeline Safety, no later than 10 calendar days after the\n15-day deadline for informal resolution referenced in this paragraph. Along with its request,\nRespondent must provide the Associate Administrator with all information Respondent believes\nis relevant to the dispute. Decisions of the Associate Administrator under this paragraph will\nconstitute final agency action. The existence of a dispute and PHMSA’s consideration of matters\nplaced in dispute will not excuse, toll, or suspend any term or timeframe for completion of any\nwork to be performed under this Agreement during the pendency of the dispute resolution\nprocess.\nVIII. Effective Date:\n21. The term “Effective Date,” as used herein, is the date on which the Consent Order\nis issued by the Associate Administrator, PHMSA, incorporating the terms of this Agreement.\nIX. Recordkeeping and Information Disclosure:\n22. Unless otherwise required in this Agreement, Respondent agrees to maintain\nrecords demonstrating compliance with all requirements of this Agreement for a period of at\nleast five (5) years following completion of all work to be performed. For any reports, plans, or\nother deliverables required to be submitted to PHMSA pursuant to this Agreement, Respondent\nmay assert a claim of business confidentiality or other protections applicable to the release of\ninformation by PHMSA, covering part or all of the information required to be submitted to\nPHMSA pursuant to this Agreement in accordance with 49 C.F.R. Part 7. Respondent must\nmark the claim of confidentiality in writing on each page, and include a statement specifying the\ngrounds for each claim of confidentially. PHMSA determines release of any information\n\n\n\nsubmitted pursuant to this Agreement in accordance with 49 C.F.R. Part 7, the Freedom of\nInformation Act, 5 U.S.C. § 552, DOT and PHMSA policies, and other applicable regulations\nand Executive Orders.\nX. Modification:\n23. The terms of this Agreement may be modified by mutual agreement of the Parties.\nSuch modifications must be in writing and signed by both parties.\nXI. Termination:\n24. This Agreement will remain in effect until the Compliance Order in Section IV is\nsatisfied, as determined by the Director. The Agreement shall not terminate until the Director\nconfirms, in writing, that the Agreement is terminated in accordance with this paragraph.\nNothing in this Agreement prevents Respondent from completing any of the obligations earlier\nthan the deadlines provided for in this Agreement.\nXII. Ratification:\n25. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\n26. The Parties hereby agree to all findings, conditions, and terms of this Agreement.\n[Signature Lines on Following Page]\n\n\n\nFor NuStar Pipeline Operating Partnership, L.P.:\nBy NuStar Pipeline Company, LLC; its General Partner\n___________________________________\nGerald R. “Gary” Koegeboehn, Vice President\n________________________\nDate\nFor PHMSA:\n________________________________________\nDirector, Central Region, Office of Pipeline Safety\n________________________\nDate\n\n32023005NOPV_PHC Hearing Scheduled_03132023_(22-261675)_text.pdf\n\nMarch 13, 2023\nVIA ELECTRONIC MAIL TO: gary.koegeboehn@nustarenergy.com and\ngregory.ochs@dot.gov\nMr. Gary Koegeboehn\nVice President – Pipeline Operations\nNuStar Pipeline Operating Partnership, L.P.\n19003 IH-10 West\nSan Antonio, TX 78257\nMr. Gregory Ochs\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n901 Locust Street, Suite 480\nKansas City, MO 64106-2641\nRe: Notice of Hearing, NuStar Pipeline Operating Partnership, L.P.\nCPF No. 3-2023-005-NOPV\nDear Mr. Koegeboehn and Mr. Ochs:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation, Proposed Civil Penalty, and Proposed Compliance Order issued by the\nPipeline and Hazardous Materials Safety Administration in the above-referenced case. The\nhearing will take place on August 2nd, 2023, beginning at 8:30 a.m. Central Time.\nThe hearing will be held at the PHMSA Central Region office, 901 Locust Street, Suite 480,\nKansas City, Missouri 64106. Upon arrival at the building, attendees will be required to present\nphoto identification to security personnel. A contact phone number for the day of the hearing is\n(816) 329-3800.\nAt least 10 calendar days prior to the hearing (or by July 24th, 2023), both parties must submit\nand exchange any additional written materials they intend to present at the hearing and the name\nand email address of each attendee. This information should be provided electronically.\nMaterials not submitted by this date may be excluded. If you have any questions, please do not\nhesitate to contact me.\n\n\n\nSincerely,\nLarry White\nPresiding Official\ncc: Mr. Brad Barron, President and Chief Executive Officer, NuStar Pipeline Operating\nPartnership, L.P., brad.barron@nustarenergy.com\nMs. Catherine Little, Counsel, Bracewell LLP, catherine.little@bracewell.com\nMr. Joseph Hainline, Counsel, Central Region, Office of Pipeline Safety, PHMSA,\njoseph.hainline@dot.gov\n\n32023005NOPV_Closure Letter_12172024_(22-261675)_text.pdf\n\nVIA ELECTRONIC MAIL TO: Brad.Barron@nustarenergy.com;\ngary.koegeboehn@nustarenergy.com\nDecember 17, 2024\nMr. Karl Fails\nPresident and Chief Executive Officer\nNuStar Pipeline Operating Partnership L.P.\n19003 IH-10 West\nSan Antonio, TX 78257\nRE: CPF 3-2023-005-NOPV\nDear Mr. Fails:\nOn July 25, 2023, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\na Consent Order incorporating the terms of the Consent Agreement between the Pipeline and\nHazardous Materials Safety Administration (PHMSA) and NuStar Pipeline Operating\nPartnership, L.P.(NuStar) in the above-referenced case. This Order directed NuStar to comply\nwith the terms of the Consent Agreement. Based on our review of the documentation provided\nby your staff and confirmation of payment of the civil penalty, it has been determined that\nNuStar has complied with the terms.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Gary Koegeboehn, VP of Pipeline Operations, gary.koegeboehn@nustarenergy.com","truncated":false,"body_characters":28037}