{"operation":"document","citation":"CPF 520176004W","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":"2017-02-10","effective_on":null,"summary":"CLOSED warning letter citing 194.107(c)(1)(viii).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176004w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176004w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176004w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520176004W","body":"Warning Letter involving NUSTAR PIPELINE OPERATING PARTNERSHIP L.P.. PHMSA's enforcement data identifies the cited regulation as 194.107(c)(1)(viii). The case was opened on 2017-02-10 and is reported as closed as of 2017-02-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520176004W_Warning Letter_02102017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176004W/520176004W_Warning%20Letter_02102017.pdf\n\n520176004W_Warning Letter_02102017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176004W/520176004W_Warning%20Letter_02102017_text.pdf\n\n520176004W_Warning Letter_02102017_text.pdf\n\nWARNING LETTER\nVIA FED EX – TRACKING # 7784 0248 0384\nFebruary 10, 2017\nMr. Brad Barron\nPresident and Chief Executive Officer\nNustar Energy L.P.\n19003 IH-10 West\nSan Antonio, TX 78257\nCPF 5-2017-6004W\nDear Mr. Barron:\nOn October 26 and 27, 2016, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your\nWyoming Diesel Pipeline in Evanston, WY.\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, Part 194. The item inspected\nand the probable violation is:\n1. §194.107 General response plan requirements.\n(c) Each response plan must include:\n(viii) Equipment testing,\nNustar Energy L.P. (Nustar) contracts with Tas Environmental for conducting its spill response\nactivities, including providing response equipment and personnel. During the inspection, Nustar\nwas unable to provide evidence that the spill response equipment maintained by their contractor\nTas Environmental was tested. Nustar failed to operate its pipeline in accordance with\n194.107(b).\n\n\n\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $205,638\nper violation per day the violation persists up to a maximum of $2,056,380 for a related series of\nviolations. For violation occurring between January 4, 2012 to August 1, 2016, the maximum\npenalty may not exceed $200,000 per violation per day, with a maximum penalty not to exceed\n$2,000,000 for a related series of violations. For violations occurring prior to January 4, 2012,\nthe maximum penalty may not exceed $100,000 per violation per day, with a maximum penalty\nnot to exceed $1,000,000 for a related series of violations.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2017-6004W. 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\ncc: PHP-60 Compliance Registry\nPHP-500 Ogirima (#154569)","truncated":false,"body_characters":3283}