{"operation":"document","citation":"CPF 32023018WL","title":"NUSTAR PIPELINE OPERATING PARTNERSHIP L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-06-13","effective_on":null,"summary":"CLOSED warning letter citing 195.262(b)(2), 195.583(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023018wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023018wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023018wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32023018WL","body":"Warning Letter involving NUSTAR PIPELINE OPERATING PARTNERSHIP L.P.. PHMSA's enforcement data identifies the cited regulations as 195.262(b)(2),  195.583(b). The case was opened on 2023-06-13 and is reported as closed as of 2023-06-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32023018WL_Operator Response to Notice_07132023_(22-235479).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023018WL/32023018WL_Operator%20Response%20to%20Notice_07132023_(22-235479).pdf\n\n32023018WL_Warning Letter_06132023_(22-235479).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023018WL/32023018WL_Warning%20Letter_06132023_(22-235479).pdf\n\n32023018WL_Warning Letter_06132023_(22-235479)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023018WL/32023018WL_Warning%20Letter_06132023_(22-235479)_text.pdf\n\n32023018WL_Warning Letter_06132023_(22-235479)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: Brad.Barron@nustarenergy.com;\ngary.koegeboehn@nustarenergy.com\nJune 13, 2023\nMr. Brad Barron\nPresident and Chief Executive Officer\nNuStar Pipeline Operating Partnership, L.P.\n19003 IH-10 West\nSan Antonio, TX 78257\nCPF 3-2023-018-WL\nDear Mr. Barron:\nFrom May 3, 2022, through December 1, 2022, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected NuStar Pipeline Operating Partnership, L.P.’s (NuStar) anhydrous ammonia\npipeline facilities in Louisiana, Arkansas, Missouri, Iowa, Indiana, Illinois, and Nebraska.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 195.262 Pumping Equipment.\n(a) . . .\n(b) The following must be provided in each pump station:\n(1) . . .\n(2) A device for the emergency shutdown of each pumping station.\nNuStar failed to comply with the regulation because it did not provide a device for the\nemergency shutdown (ESD) of each pump station. An ESD is a device that is designed to\n\n\n\ninitiate a shutdown of a pump station or a facility in the event of an emergency. During the on-\nsite inspection of the J1 station, PHMSA observed that there was no ESD device for the entire\npump station.\nAfter PHMSA discovered the deficiency, NuStar installed an ESD near the pumping station\nmotor control building, which was completed on November 30, 2022.\n2. § 195.583 What must I do to monitor atmospheric corrosion control?\n(a) . . .\n(b) During inspections you must give particular attention to pipe at soil-to-air\ninterfaces, under thermal insulation, under disbonded coatings, at pipe\nsupports, in splash zones, at deck penetrations, and in spans over water.\nNuStar failed to comply with the regulation because the company did not give particular\nattention to pipe under the insulation covering the meter provers during inspections to monitor\nfor atmospheric corrosion at two locations. NuStar’s Corrosion Control Procedure Manual,\nVersion 6.0, in Section 4.2.3 “Coating Condition” states that piping under thermal insulation\nmust be evaluated for corrosion and provides guidance on methodology to inspect the piping. In\naddition, Section 4.2.3 states that the external condition of the coating is to be visually inspected\nwith gradings of Excellent, Good, Fair, Poor, and Very Poor.\nDuring the field inspection, PHMSA observed insulation on meter prover piping at Blair\nDelivery Station and Washington Station that prevented visual observation of the piping. In\naddition, inspection records for these locations did not indicate the piping was inspected for\natmospheric corrosion under the thermal insulation.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a\nrelated series of violations. For violation occurring on or after March 21, 2022 and before\nJanuary 6, 2023, the maximum penalty may not exceed $239,142 per violation per day the\nviolation persists, up to a maximum of $2,391,142 for a related series of violations. For violation\noccurring on or after May 3, 2021 and before March 21, 2022, the maximum penalty may not\nexceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for\na related series of violations. For violation occurring on or after January 11, 2021 and before\nMay 3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation\npersists, up to a maximum of $2,225,034 for a related series of violations. For violation\noccurring on or after July 31, 2019 and before January 11, 2021, the maximum penalty may not\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for\na related series of violations. For violation occurring on or after November 27, 2018 and before\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\n\n\n\nmaximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,\n2015 and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nNuStar being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 3-2023-018-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nCc: Gary Koegeboehn\nVice President of Pipeline Operations\nNuStar Pipeline Operating Partnership, L.P.\n19003 IH-10 West\nSan Antonio, Texas 78257\ngary.koegeboehn@nustarenergy.com","truncated":false,"body_characters":6647}