{"operation":"document","citation":"CPF 520116003W","title":"OP RENO LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-01-20","effective_on":null,"summary":"CLOSED warning letter citing 195.432(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520116003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520116003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520116003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520116003W","body":"Warning Letter involving OP RENO LLC. PHMSA's enforcement data identifies the cited regulation as 195.432(b). The case was opened on 2011-01-20 and is reported as closed as of 2011-01-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520116003W_warning letter_01202011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520116003W/520116003W_warning%20letter_01202011.pdf\n\n520116003W_warning letter_01202011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520116003W/520116003W_warning%20letter_01202011_text.pdf\n\n520116003W_warning letter_01202011_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 20, 2011\nMr. John Niemi\nManager LLC\nOP Reno, LLC\n1331 Christine Avenue, Suite 100\nSt. Louis, MO 63131\nCPF 5-2011-6003W\nDear Mr. Niemi:\nOn February 25, 2010, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your\nSparks Terminal in Sparks, Nevada.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The item inspected and the\nprobable violation is:\n1. §195.432 Inspection of in-service breakout tanks.\n(b) Each operator shall inspect the physical integrity of in-service atmospheric and\nlow-pressure steel above-ground breakout tanks according to section 4 of API\n\n\n\nStandard 653. However, if structural conditions prevent access to the tank bottom,\nthe bottom integrity may be assessed according to a plan included in the operations\nand maintenance manual under §195.402(c)(3).\nThe API Standard 653 inspections are late for two of your PHMSA regulated tanks. The last\nAPI 653 internal inspections for Tanks 25007 and 27008 were performed in 1999. The next API\n653 internal inspection was due in 2009. At the time of the inspection, the API 653 internal\ninspections had not been completed for these tanks.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated 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 identified in this letter.\nFailure to do so will result in OP Reno, LLC 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 5-2011-6003W. 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,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 C. Allen (#129673)\n2","truncated":false,"body_characters":3475}