{"operation":"document","citation":"CPF 520196004W","title":"OP RENO LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-09-18","effective_on":null,"summary":"CLOSED warning letter citing 194.121(a), 195.202, 195.402(a), 195.436.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520196004w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520196004w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520196004w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520196004W","body":"Warning Letter involving OP RENO LLC. PHMSA's enforcement data identifies the cited regulations as 194.121(a),  195.202,  195.402(a),  195.436. The case was opened on 2019-09-18 and is reported as closed as of 2019-09-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520196004W_Operator Response to Notice_03112020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520196004W/520196004W_Operator%20Response%20to%20Notice_03112020.pdf\n\n520196004W_Warning Letter_09182019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520196004W/520196004W_Warning%20Letter_09182019.pdf\n\n520196004W_Warning Letter_09182019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520196004W/520196004W_Warning%20Letter_09182019_text.pdf\n\n520196004W_Warning Letter_09182019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 18, 2019\nMr. John Niemi\nCompliance Manager\nOP Reno, LLC\n1331 Christine Avenue, Suite 100\nSaint Louis, MO 63131\nCPF 5-2019-6004W\nDear Mr. Niemi,\nOn November 13 through 15, 2018, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\ninspected your breakout tank facility in Sparks, Nevada.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items\ninspected and the probable violations are:\n1. §195.202 Compliance with specifications or standards.\nEach pipeline system must be constructed in accordance with comprehensive\nwritten specifications or standards that are consistent with the requirements of\nthis part.\nThe OPReno Sparks Terminal OM&E procedure manual does not have a procedure or policy\nstating how pipeline facilities will be constructed in accordance with Subpart D of Part 195.\n\n\n\n2. §194.121 Response plan review and update procedures.\n(a) Each operator shall update its response plan to address new or different\noperating conditions or information. In addition, each operator shall review its\nresponse plan in full at least every 5 years from the date of the last submission or\nthe last approval as follows:\n(1) For substantial harm plans, an operator shall resubmit its response plan to\nOPS every 5 years from the last submission date.\n(2) For significant and substantial harm plans, an operator shall resubmit every 5\nyears from the last approval date.\nOPReno was not able to present documentation or other substantiating evidence that a review\nof the OPReno Oil Spill response plan was conducted at the minimum 5-year interval as\nrequired by §194.121.\n3. §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 maintenance\nactivities and handling abnormal operations and emergencies. This manual shall\nbe reviewed at intervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a pipeline\nsystem commence, and appropriate parts shall be kept at locations where\noperations and maintenance activities are conducted.\nOPReno was not able to present records that the OPReno OM&E procedure manual was\nreviewed at least once each calendar year, not to exceed 15 months as required by §195.402(a).\n4. §195.436 Security of facilities.\nEach operator shall provide protection for each pumping station and breakout\ntank area and other exposed facility (such as scraper traps) from vandalism and\nunauthorized entry.\nRecent events at the OPReno Sparks terminal have demonstrated that the facility (specifically\nthe gate areas) are vulnerable to damage from neighboring businesses. Specifically, the\nOPReno Sparks Terminal main gate was damaged by a moving truck belonging to a business\nlocated directly next to the terminal. The parked, not running, unoccupied moving truck\nexperienced a brake failure allowing the truck to roll into the maingate of the terminal,\ndamaging it and preventing the gate from operating.\n2\n\n\n\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465\nfor a related series of violations. For violation occurring on or after November 27, 2018 and\nbefore July 31, 2019, the maximum penalty may not exceed $213,268 per violation per day,\nwith a maximum penalty not to exceed $2,132,679. For violation occurring on or after\nNovember 2, 2015 and before November 27, 2018, the maximum penalty may not exceed\n$209,002 per violation per day, with a maximum penalty not to exceed $2,090,022. For\nviolations occurring prior to November 2, 2015, the maximum penalty may not exceed\n$200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for a\nrelated series of violations.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nOP 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\nto CPF 5-2019-6004W. 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 portion\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#162143)\n3","truncated":false,"body_characters":6249}