{"operation":"document","citation":"CPF 420185022W","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":"2018-10-23","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420185022w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420185022w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420185022w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420185022W","body":"Warning Letter involving NUSTAR PIPELINE OPERATING PARTNERSHIP L.P.. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2018-10-23 and is reported as closed as of 2018-10-23. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420185022W_Warning Letter_10232018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185022W/420185022W_Warning%20Letter_10232018.pdf\n\n420185022W_Warning Letter_10232018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185022W/420185022W_Warning%20Letter_10232018_text.pdf\n\n420185022W_Warning Letter_10232018_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 23, 2018\nGary Koegeboehn\nVP, Pipeline Operations\nNuStar Pipeline Operating Partnership, L.P.\n19003 IH-10 West\nSan Antonio, Texas 78257\nCPF 4-2018-5022W\nDear Mr. Koegeboehn:\nFrom November 2017 to May 2018, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49\nUnited States Code (U.S.C.) inspected NuStar Pipeline Operating Partnership, L.P in Louisiana,\nArkansas, Missouri, Iowa, Illinois, Indiana and Nebraska.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective.\nThis manual shall be prepared before initial operations of a pipeline system\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\n\n\n\nNuStar failed to follow their written procedure 315-Valve Maintenance, Section 3.3 while\nperforming valve inspections of valve #20-4, valve #8-2 off CR-GH Rd, and valve #7-6 South\nAvenue. NuStar’s O&M Procedure 315 (Valve Maintenance), Section 3.3 (Mainline Valve\nInspections), states: “perform the opening and closing of valves on active pipelines with the\ncoordination of the Control Center.”\nWhile performing an Operator Qualification Check for covered Task CT-22-Inspect Valves, the\nPHMSA inspector noted that field personnel performing the valve operations operated the valves\nwithout the coordination and consent of the control center. NuStar personnel were unable to\ndemonstrate notification procedures to appropriate personnel (Control Room) as required in the\nFunction Test 22.4 of the CT22 – Inspect Valves Covered Task.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$209,002 per violation per day the violation persists, up to a maximum of $2,090,022 for a related\nseries of violations. For violations occurring prior to November 2, 2015, the maximum penalty\nmay not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000\nfor a related series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item(s) identified in this letter.\nFailure to do so will result in NuStar 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 4-2018-5022W. 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 the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n2","truncated":false,"body_characters":4506}