# NUSTAR PIPELINE OPERATING PARTNERSHIP L.P. — Warning Letter

- **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:** Not available
- **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.

Official case documents:

420185022W_Warning Letter_10232018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185022W/420185022W_Warning%20Letter_10232018.pdf

420185022W_Warning Letter_10232018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185022W/420185022W_Warning%20Letter_10232018_text.pdf

420185022W_Warning Letter_10232018_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
October 23, 2018
Gary Koegeboehn
VP, Pipeline Operations
NuStar Pipeline Operating Partnership, L.P.
19003 IH-10 West
San Antonio, Texas 78257
CPF 4-2018-5022W
Dear Mr. Koegeboehn:
From November 2017 to May 2018, representatives of the Pipeline and Hazardous Materials
Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49
United States Code (U.S.C.) inspected NuStar Pipeline Operating Partnership, L.P in Louisiana,
Arkansas, Missouri, Iowa, Illinois, Indiana and Nebraska.
As a result of the inspection, it is alleged that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and
the probable violation is:
1. §195.402 Procedural manual for operations, maintenance, and emergencies
(a) General. Each operator shall prepare and follow for each pipeline system a
manual of written procedures for conducting normal operations and maintenance
activities and handling abnormal operations and emergencies. This manual shall be
reviewed at intervals not exceeding 15 months, but at least once each calendar year,
and appropriate changes made as necessary to insure that the manual is effective.
This manual shall be prepared before initial operations of a pipeline system
commence, and appropriate parts shall be kept at locations where operations and
maintenance activities are conducted.



NuStar failed to follow their written procedure 315-Valve Maintenance, Section 3.3 while
performing valve inspections of valve #20-4, valve #8-2 off CR-GH Rd, and valve #7-6 South
Avenue. NuStar’s O&M Procedure 315 (Valve Maintenance), Section 3.3 (Mainline Valve
Inspections), states: “perform the opening and closing of valves on active pipelines with the
coordination of the Control Center.”
While performing an Operator Qualification Check for covered Task CT-22-Inspect Valves, the
PHMSA inspector noted that field personnel performing the valve operations operated the valves
without the coordination and consent of the control center. NuStar personnel were unable to
demonstrate notification procedures to appropriate personnel (Control Room) as required in the
Function Test 22.4 of the CT22 – Inspect Valves Covered Task.
Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed
$209,002 per violation per day the violation persists, up to a maximum of $2,090,022 for a related
series of violations. For violations occurring prior to November 2, 2015, the maximum penalty
may not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000
for a related series of violations. We have reviewed the circumstances and supporting documents
involved in this case, and have decided not to conduct additional enforcement action or penalty
assessment proceedings at this time. We advise you to correct the item(s) identified in this letter.
Failure to do so will result in NuStar being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer to
CPF 4-2018-5022W. Be advised that all material you submit in response to this enforcement
action is subject to being made publicly available. If you believe that any portion of your
responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the
complete original document you must provide a second copy of the document with the portions
you believe qualify for confidential treatment redacted and an explanation of why you believe the
redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).
Sincerely,
Mary L. McDaniel, P.E.
Director, Southwest Region
Pipeline and Hazardous Materials Safety Administration
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