# NUSTAR TERMINALS OPERATIONS PARTNERSHIP L. P. — Warning Letter

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

Official case documents:

520146006W_warning letter_12092014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146006W/520146006W_warning%20letter_12092014.pdf

520146006W_warning letter_12092014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146006W/520146006W_warning%20letter_12092014_text.pdf

520146006W_warning letter_12092014_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
December 9, 2014
Mr. John Roller
Vice President of Terminal Operations
Nustar Terminal Operations Partnership, L.P.
19003 IH 10 West
San Antonio, TX 78257
CPF 5-2014-6006W
Dear Mr. Roller:
On August 20 through August 21, 2014, a representative of the Pipeline and Hazardous
Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States
Code, inspected the former Mobil storage tanks at the Nustar Terminal Operations
Partnership, L.P. (Nustar) facility in Portland, Oregon.
As a result of the inspection, it appears that you have committed probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items 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 is not following its own operation and maintenance procedures (§195.402 (a)) for
implementing §195.432 regarding the inspection of in-service breakout tanks. At the time of
the inspection, Nustar’s hydrotest records for Tanks 2021 and 2022 were not available for
review. Subsequently, Nustar personnel provided the hydrotest records to our PHMSA
representative within a week after our field inspection was completed. Our representative
reviewed the records and it appears that the hydrotest records do not conform to the Forms
from your Operations and Maintenance (O&M) Manual, Procedure 309, Section 3.12, dated
July 6, 2007.
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed
$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a
related series of violations. For violations occurring prior to January 4, 2012, the maximum
penalty may not exceed $100,000 per violation per day, with a maximum penalty not to
exceed $1,000,000 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 Terminal Operations
Partnership, L.P. 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 5-2014-6006W. 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).
2



Sincerely,
Chris Hoidal
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: Mr. Rob Hill, Nustar Terminal Operations Partnership, L.P.
PHP-60 Compliance Registry
PHP-500 K. Nguyen (#146203)
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