{"operation":"document","citation":"CPF 520146006W","title":"NUSTAR TERMINALS OPERATIONS PARTNERSHIP L. P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-12-09","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520146006w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520146006w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520146006w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520146006W","body":"Warning Letter involving NUSTAR TERMINALS OPERATIONS PARTNERSHIP L. P.. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2014-12-09 and is reported as closed as of 2014-12-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520146006W_warning letter_12092014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146006W/520146006W_warning%20letter_12092014.pdf\n\n520146006W_warning letter_12092014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146006W/520146006W_warning%20letter_12092014_text.pdf\n\n520146006W_warning letter_12092014_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 9, 2014\nMr. John Roller\nVice President of Terminal Operations\nNustar Terminal Operations Partnership, L.P.\n19003 IH 10 West\nSan Antonio, TX 78257\nCPF 5-2014-6006W\nDear Mr. Roller:\nOn August 20 through August 21, 2014, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States\nCode, inspected the former Mobil storage tanks at the Nustar Terminal Operations\nPartnership, L.P. (Nustar) facility in Portland, Oregon.\nAs a result of the inspection, it appears that you have committed probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violation is:\n\n\n\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\nmaintenance activities and handling abnormal operations and emergencies. This\nmanual shall be reviewed at intervals not exceeding 15 months, but at least once\neach calendar year, and appropriate changes made as necessary to insure that\nthe manual is effective. This manual shall be prepared before initial operations of\na pipeline system commence, and appropriate parts shall be kept at locations\nwhere operations and maintenance activities are conducted.\nNustar is not following its own operation and maintenance procedures (§195.402 (a)) for\nimplementing §195.432 regarding the inspection of in-service breakout tanks. At the time of\nthe inspection, Nustar’s hydrotest records for Tanks 2021 and 2022 were not available for\nreview. Subsequently, Nustar personnel provided the hydrotest records to our PHMSA\nrepresentative within a week after our field inspection was completed. Our representative\nreviewed the records and it appears that the hydrotest records do not conform to the Forms\nfrom your Operations and Maintenance (O&M) Manual, Procedure 309, Section 3.12, dated\nJuly 6, 2007.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 4, 2012, the maximum\npenalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 for a related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct\nthe item(s) identified in this letter. Failure to do so will result in Nustar Terminal Operations\nPartnership, L.P. being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2014-6006W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\n2\n\n\n\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: Mr. Rob Hill, Nustar Terminal Operations Partnership, L.P.\nPHP-60 Compliance Registry\nPHP-500 K. Nguyen (#146203)\n3","truncated":false,"body_characters":4422}