WEST DEPTFORD, NJ — 2009-04-14 00:00:00

OSHA Inspection: NUSTAR ASPHALT REFINING, LLC

Planned inspection · Health discipline

At a glance

On 2009-04-14 00:00:00, OSHA opened a planned health inspection of NUSTAR ASPHALT REFINING, LLC in 4 PARADISE RD, WEST DEPTFORD, NJ 08066 (NAICS 324110). OSHA activity number 313008674.

What this inspection record means

OSHA opens inspections for many reasons — routine scheduling under a national or local emphasis program, an employee complaint or referral, or a follow-up after a reported injury. Opening or conducting an inspection is not itself an allegation or a finding that this employer broke any rule; any findings appear as the citations listed below, and citations can be contested, reduced, or withdrawn.

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Where did this inspection happen?

Establishment: NUSTAR ASPHALT REFINING, LLC
Site address: 4 PARADISE RD
City: WEST DEPTFORD
State: NJ
ZIP: 08066
Mailing: 4 PARADISE RD, PAULSBORO, NJ 08066

What kind of inspection was it?

Inspection type: Planned (H)
Scope: Complete (A)
Discipline: Health
Advance notice: No
Union status: Y

When did the case open and close?

Opened: 2009-04-14 00:00:00
Closing conference: 2009-09-30 00:00:00
Case closed: 2010-04-23 00:00:00
Last modified: 2013-07-09 00:00:00
Data loaded: 2013-07-11 02:10:03

Establishment context

NAICS code: 324110
SIC code (legacy): 2911
Employees: 85
Ownership type: A

Citations

33 citations on file for this inspection.

5(a)(1)

Deleted Serious Gravity 10 1 instance 7 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $4,500

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970:  The
employer did not
furnish employment and a place of employment which were free from
recognized hazards that
were causing or likely to cause death or serious physical harm to
employees in that employees
were exposed to a fall hazard:
a) NuStar Asphalt Refining Co., LLC., Paulsboro facility, Unit 2 -
Distillation operators
were required to access the flush oil valve in the overhead pipe rack
approximately 18
feet above the ground when following procedures including, but not limited
to, start up
procedures. There was no means of fall protection at the valve. On or
about 4/16/09.
ABATEMENT NOTE: One feasible means of abatement would be to chain activate
the valve. Another would be to create a tie off point at the valve.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.CE

Recent events (2)

2010-04-22 00:00:00 — R (S) $4500.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 D03 IB

Serious Gravity 10 7 instances 23 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $5,000

General-duty citation text

29 CFR 1910.119(d)(3)(i)(B):  Process safety information pertaining to the
equipment in the
process did not include piping and instrument diagrams (P&ID'S):
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 1 - P&ID
P-4002-003 was
incomplete in that it did not indicate whether a valve on the pilot gas
line, PF-644-11/2-
C10, would fail open or fail closed. On or about 4/14/09.
b) Nustar Asphalt Refining Co. LLC, Paulsboro facility - P&ID P-4002-003
was
incomplete in that it did not indicate whether a pressure control valve,
PCV-1 on natural
gas line, #839A, would fail open or fail closed. On or about 4/14/09.
c) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 1 - P&ID
P-4002-005 was
incomplete in that it did not indicate whether flow valves FCV 72 and FVC
72A
on 2"
line, AGO from P-406 A/B, would fail open or fail closed. On or about
4/14/09.
d) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 1 - P&ID
P-4002-006 was
incomplete in that it did not indicate whether flow valve FV-401B on line
SW-1P1A-1ST-
3/4" would fail open or fail closed. On or about 4/14/09.
e) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 1 - P&ID
P-4002-007 was
incomplete in that it did not indicate whether TV #120 Steam to V403 on 2"
line, SH-3"-
IH would fail open or fail closed. On or about 4/14/09.
f) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 2 - P&ID
P-6002-006 was
incomplete in that it did not indicate whether pressure control valve, PCV
2, on line FG-
119-3"-C10 would fail open or closed. On or about 4/14/09.
g) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 2 - P&ID
P-6002-010 was
incomplete in that it did not indicate whether TV 360 on line
CD-1002-8"-1P1A-IH
(Crude flash from D-601 to T-601) would fail open or fail closed. On or
about 4/14/09.
h) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 2 - P&ID
P-6002-
019 was incomplete in that it did not indicate whether the 3" stainless
steel globe
valve on the atmospheric vent from D-604 (line VG-148-3"-C10) was car
sealed
open or closed. On or about 4/14/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.CE

Recent events (2)

2010-04-22 00:00:00 — R (S) $5000.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 D03 II

Serious Gravity 10 3 instances 10 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $5,000

General-duty citation text

29 CFR 1910.119(d)(3)(ii): The employer did not document that the existing
equipment
designed
and constructed with codes, standards, or practices that are no longer in
general use, and
determine that the equipment was designed, maintained, inspected, tested,
and operated in a safe
manner:
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility - The employer did
not comply
with RAGAGEP such as, but not limited to API 2218 (July 1988), Section
3.3.1.1 when
it failed to fire proof the upper support structures of Unit 1. On or
about 4/14/09.
b) Nustar Asphalt Refining Co. LLC, Paulsboro facility - The employer did
not comply
with RAGAGEP such as, but not limited to API 2218 (July 1988), Section
3.3.1.1 when
it failed to fire proof the upper support structures of Unit 2. On or
about 4/14/09.
c) Nustar Asphalt Refining Co. LLC, Paulsboro facility - The employer did
not comply
with RAGAGEP such as, but not limited to API 2218 (July 1988), Section
3.3.1.8 when
it failed to fire proof conduit in both Units 1 and 2. On or about 4/14/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Recent events (2)

2010-04-22 00:00:00 — R (S) $5000.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 E03 V

Serious Gravity 10 1 instance 18 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $5,000

General-duty citation text

29 CFR 1910.119(e)(3)(v):  The process hazard analysis did not address
facility siting:
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility - The employer
failed to
complete their 2008 Facility Siting Study and respective PHA(s) for the
refinery. The
report did not consider employee exposure(s) to toxic gas or fire. The
employer has yet
to consider employee exposure(s) to agents such as, but not limited to,
fire (flammable
gas and liquids) and toxic gas (H2S).  On or about 4/14/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.CE

Recent events (2)

2010-04-22 00:00:00 — R (S) $5000.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 E03 VI

Deleted Serious Gravity 10 1 instance 10 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $4,500

General-duty citation text

29 CFR 1910.119(e)(3)(vi):  The process hazard analysis did not address
human factors:
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 2 - The
employer's process
hazard analysis conducted on Unit 2 (node 4, overhead system) did not
address the
human factors regarding an employee entering an area of increased exposure
when
approaching a leak of flammable hydrocarbons from T-601 (atmospheric
tower)/T-603
(distillate stripper) with a steam hose to attempt to prevent ignition of
the flammable
vapors/liquids while executing emergency shutdown procedure UN2-02-005. On
or about
5/25/09.
b) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 1 - The
employer's process
hazard analysis conducted in April 2009 (node 1, crude charge), did not
evaluate the
human factor of an employee entering an area of increased exposure when
ascending an
elevated platform (approximately 50 feet) while executing emergency
procedure UN1-03-
005, E-401 A/B shell side leak (overhead) and UN1-03-006 E-401 A/B tube
side leak
(crude oil), in order to operate chain valves to control a leak of
flammable
vapors/flammable liquids from E-401 A/B heat exchangers. On or about
6/29/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Recent events (2)

2010-04-22 00:00:00 — R (S) $4500.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 E03 VII

Deleted Serious Gravity 10 1 instance 23 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500

General-duty citation text

29 CFR 1910.119(e)(3)(vii):  The process hazard analysis did not evaluate
a range of the
possible safety and health effects of failure of controls on employees in
the workplace:
a). Establishment, Control Room, Operating Units: The employer's process
hazard
analysis conducted on Unit 2 (Dec. 2008) did not perform a qualitative
evaluation of
possible safety and health effects of the failure of the Distributive
Control
System (DCS)
as it would appear in the Human Factors Checklist Section 2. This item
remained
uncorrected as of this inspection. On or about 5/12/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.CE

Recent events (2)

2010-04-22 00:00:00 — R (S)
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 F01 ID

Serious Gravity 10 1 instance 14 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $5,000

General-duty citation text

29 CFR 1910.119(f)(1)(i)(D):  The employer's written operating procedures
covering the steps
for each operating phase did not address emergency shutdown including the
conditions under
which emergency shutdown is required, and the assignment of shutdown
responsibility to
qualified operators to ensure that emergency shutdown is done in a safe
and timely manner:
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 2 - The
employer's
emergency shutdown procedure UN2-02-005 Overhead Line Failure T-601, D-601
and
T-603 did not identify and assign authority to qualified operators to
conduct the
emergency shutdown. On or about 5/13/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.CE

Recent events (2)

2010-04-22 00:00:00 — R (S) $5000.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 F01 III

Deleted Serious Gravity 10 1 instance 17 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500

General-duty citation text

29 CFR 1910.119(f)(1)(iii):  The employer's written operating procedures
did not address the
requirements for the safety and health considerations listed in 29 CFR
1910.119(f)(1)(iii)(A)
through (f)(1)(iii)(E):
a). Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 1 - The
employers
operating instruction UN1-01-002 Upper and Lower Limits did not list the
safety and
health considerations in the Limits of Operation Table. On or about
5-13-09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM.  FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.CE

Recent events (2)

2010-04-22 00:00:00 — R (S)
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 F01 IIIB

Deleted Serious Gravity 10 1 instance 10 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $4,500

General-duty citation text

29 CFR 1910.119(f)(1)(iii)(B):  The employer's written operating
procedures covering safety and
health considerations did not address the precautions necessary to prevent
exposure, including
engineering controls, administrative controls, and person protective
equipment:
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 2 - The Unit
2 start up
procedure, UN2-06-001, did not address the use of fall protection while
accessing the
elevated flush oil valve. On or about 4/14/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.CE

Recent events (2)

2010-04-22 00:00:00 — R (S) $4500.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 F01 IV

Deleted Serious Gravity 10 3 instances 10 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $4,500

General-duty citation text

29 CFR 1910.119(f)(1)(iv):  The employer's written operating procedures
did not address
requirements for the safety systems and their functions:
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 1 - The
employer did not
list in their written operating procedure, UN1-02-013, "Loss of Distillate
P/A Pump 405
A/B or FCV-15," safety systems including, but not limited to pressure
relief valves,
safety critical instruments, and fire protection systems. On or about
4/14/09.
b) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 2 - The
employer did not
list in their written operating procedure, UN2-02-007, "Heater Tube
Failure H-602,"
safety systems including, but not limited to pressure relief valves,
safety critical
instruments, and fire protection systems. On or about 4/14/09.
c) Nustar Asphalt Refining Co. LLC, Paulsboro facility - The employer did
not list in
their written operating procedure, GEN-02-001, "Extended Power
Guidelines," safety
systems including, but not limited to pressure relief valves, safety
critical instruments,
and fire protection systems. On or about 4/14/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Recent events (2)

2010-04-22 00:00:00 — R (S) $4500.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 F02

Deleted Serious Gravity 10 1 instance 18 exposed

Issued: Oct 13, 2009
Abate by: Oct 16, 2009
Penalty: Initial $4,500

General-duty citation text

29 CFR 1910.119(f)(2):  Operating procedures were not readily accessible
to employees who
work in or maintain the process:
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Control Room -
Emergency
procedure GEN-02-001, "Extended Power Outage Guidelines," was not
available in hard
copy form. On or about 6/3/09.

Recent events (2)

2010-04-22 00:00:00 — R (S)
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 F03

Serious Gravity 10 2 instances 10 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $5,000

General-duty citation text

29 CFR 1910.119(f)(3):  The operating procedures were not reviewed as
often as necessary to
assure that they reflect current operating practice, including changes
that result from changes in
process chemicals, technology, and equipment, or changes to facilities:
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 2 - The
operating
procedure UN2-08-004 Auto Isolation Valves (a calibration procedure) for
E-601
specifies the use of the operating system TDC-2000, which was removed and
replaced
with a distributive control system (DCS) in 2007 and the operating
procedure was not
updated to reflect the change. On or about 7/14/09.
b) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 2 - Operating
procedure
UN2-03-009, was not updated to reflect the fact that the drain at the
bottom of the
accumulator (D-602) boot had been removed approximately ten years earlier.
On or about
7/14/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Recent events (2)

2010-04-22 00:00:00 — R (S) $5000.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 G02

Deleted Serious Gravity 10 1 instance 14 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $4,500

General-duty citation text

29 CFR 1910.119(g)(2): The employer did not ascertain that each employee
involved in
operating a process had received and understood the training required by
this paragraph:
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility - The employer had
not
ascertained that each employee involved in operating the process had
received and
understood the training required by this paragraph when it purchased the
refinery in
March, 2008. On or about 4/14/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.CE

Recent events (2)

2010-04-22 00:00:00 — R (S) $4500.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 J04 I

Deleted Serious Gravity 10 3 instances 10 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500

General-duty citation text

29 CFR 1910.119(j)(4)(i):  Inspections and tests were not performed on
process equipment to
maintain its mechanical integrity:
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 1 - The
employer did not
conduct inspections and testing on process equipment it identified as
safeguards in the
Unit 1 Process Hazard Analysis conducted in April 2009, Node 4. On or
about 5/13/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.CE

Recent events (2)

2010-04-22 00:00:00 — R (S)
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 J04 II

Deleted Serious Gravity 10 1 instance 9 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500

General-duty citation text

29 CFR 1910.119(j)(4)(ii):  Inspections and testing procedures performed
on process equipment
to maintain its mechanical integrity, did not follow recognized and
generally accepted good
engineering practices (RAGAGEP):
a). Nustar Asphalt Refining Co. LLC, Paulsboro facility, Unit 1 - The
employer failed
to ensure that insulation plugs were replaced and sealed after taking
piping thickness
measurement on insulated piping. The plugs were observed missing on
insulation for the
piping associated with the Bottom Heavy Strainers (F-603's). On or about
7/28/09.
One acceptable method of compliance is by following the RAGAGEP set forth
in API 574 Section 6.3.3.2.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Recent events (2)

2010-04-22 00:00:00 — R (S)
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 L01

Deleted Serious Gravity 10 21 instances 18 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $4,500

General-duty citation text

29 CFR 1910.119(l)(1):  The employer did not establish and implement
written procedures to
manage changes to process chemicals, technology, equipment, and
procedures; and, changes to
facilities that affect a covered process:
Nustar Asphalt Refining Co. LLC, Paulsboro facility - The employer failed
to write
MOCs when changes were made to operating procedures including, but not
limited to:
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, a change
was made
to procedure UN1-03-003, E-401 Overhead Fan Failure. Observed on or about
6/18/09.
b) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were
added
to, and a numerical value (temperature) changed in procedure UN1-04-001,
Normal
Shutdown Heavy Sour Crude. Observed on or about 6/18/09.
c) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, a change
was made
to a procedural step and additional step(s) were added to procedure
UN1-04-003, H-401
Draining and Panning. Observed on or about 6/18/09.
d) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, changes
were made
to procedure UN1-05-006, Car Seal Removal/Replacement. Observed on or about
6/18/09.
e) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were added
to, and step(s) were deleted from procedure UN1-06-002, Rx Unit 1, Sweet
Crude-
Zuarta. Observed on or about 6/18/09.
f) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, a
procedure was
changed in procedure UN2-03-007, Loss of P-607 A&B and/or E-612. Observed
on or
about 6/18/09.
g) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, a
procedure was
changed in procedure UN2-03-008, Loss of P-606 A&B. Observed on or about
6/18/09.
h) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were deleted
from procedure UN2-03-016, Emergency Shutdown Valves, U2 Heater. Observed
on or
about 6/18/09.
i) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were deleted
for procedure UN2-05-002, Switching Fuel from #2 Oil to Natural Gas.
Observed on or
about 6/18/09.
j) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were deleted
from procedure UN2-05-003, Switching Fuel from Natural Gas to #2 Oil.
Observed on
or about 6/18/09.
k) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were deleted
from procedure UN2-05-004, Clear Condensate form Atomizing Steam. Observed
on or
about 6/18/09.
l) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, a
procedural step was
changed in procedure UN2-07-005, Clearing LC-308 Bridle and Connections.
Observed
on or about 6/18/09.
m) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, a
procedural step was
changed in procedure UN2-019-014, Cleaning LV-184 Inlet Strainer. Observed
on or
about 6/18/09.
n) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were added
to procedure UN2-09-018, Filling Generator Fuel Tank. Observed on or about
6/18/09.
o) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were added
to, and a numerical value (temperature) changed in procedure UN3-05-001,
Start Treater
Gas Eductor Package (M_802). Observed on or about 6/18/09.
p) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were added
to procedure UN3-05-003, Prepare Filter for inspection. Observed on or
about 6/18/09.
q) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were added
to, and step(s) were deleted from procedure UN3-05-006, Steaming T-801
Sight Glass.
Observed on or about 6/08/09.
r) Nustar Asphalt Refining Co. LLC, Paulsboro facility -  In 2008, step(s)
were added
to, and step(s) were deleted from procedure UN3-05-006, Steaming T-802
Sight Glass.
On or about 6/18/09. s) Nustar Asphalt Refining Co. LLC, Paulsboro
facility - The employer did generate a
management of change (MOC) when there was a change in alarm set points on
PI-622
(pressure indicator) was changed from 14.0 to 17.0, in the distributive
control system
(DCS) for Unit 2. On or about 7/29/09.
t). Nustar Asphalt Refining Co. LLC, Paulsboro facility - The employer did
generate a
management of change (MOC) when there was a change in alarm set points on
the BTU-
849 high alarm (heat control) was changed from 106.000 to 107,5000 BTU in
the
distributive control system (DCS) for Unit 2. On or about 7/29/09.
u).Nustar Asphalt Refining Co. LLC, Paulsboro facility - The employer did
not generate
a management of change (MOC) when there was a change in alarm set points
on LI-106
(level  indicator) from 55 to 70 in the distributive control system (DCS).
On or about
7/29/09
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Recent events (2)

2010-04-22 00:00:00 — R (S) $4500.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 L02 II

Serious Gravity 10 1 instance 23 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $5,000

General-duty citation text

29 CFR 1910.119(l)(2)(ii):  The written procedures to manage changes did
not assure that the
impact of the change on safety and health was addressed prior to any
change:
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Control room - The
employer
did not list any of the potential safety and health impacts when it
implemented
Management of Change (MOC) #08-032, a change in operation of the
Distributive
Control System (DCS). On or about 4/14/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.CE

Recent events (2)

2010-04-22 00:00:00 — R (S) $5000.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 L03

Deleted Serious Gravity 10 38 instances 18 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $4,500

General-duty citation text

29 CFR 1910.119(l)(3):  Employees involved in operating a process and
maintenance and
contract employees whose job tasks will be affected by a change in the
process were not
informed of, and trained in, the change prior to start-up of the process
or
affected part of the
process:
Employees were not trained when operating procedures, including, but not
limited to the
following, were changed as a result of the annual procedure audits:
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, a change
was made
to procedure UN1-03-003, E-401 Overhead Fan Failure. Observed on or about
6/18/09.
b) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were added
to, and a numerical value (temperature) changed in procedure UN1-04-001,
Normal
Shutdown Heavy Sour Crude. Observed on or about 6/18/09.
c) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, a change
was made
to a procedural step and additional step(s) were added to procedure
UN1-04-003, H-401
Draining and Panning. Observed on or about 6/18/09.
d) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, changes
were made
to procedure UN1-05-006, Car Seal Removal/Replacement. Observed on or about
6/18/09.
e) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were added
to, and step(s) were deleted from procedure UN1-06-002, Rx Unit 1, Sweet
Crude-
Zuarta. Observed on or about 6/18/09.
f) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, a
procedure was
changed in procedure UN2-03-007, Loss of P-607 A&B and/or E-612. Observed
on or
about 6/18/09.
g) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, a
procedure was
changed in procedure UN2-03-008, Loss of P-606 A&B. Observed on or about
6/18/09.
h) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were deleted
from procedure UN2-03-016, Emergency Shutdown Valves, U2 Heater. Observed
on or
about 6/18/09.
i) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were deleted
for procedure UN2-05-002, Switching Fuel from #2 Oil to Natural Gas.
Observed on or
about 6/18/09.
j) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were deleted
from procedure UN2-05-003, Switching Fuel from Natural Gas to #2 Oil.
Observed
on
or about 6/18/09/
k) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were deleted
from procedure UN2-05-004, Clear Condensate form Atomizing Steam. Observed
on or
about 6/18/09.
l) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, a
procedural step was
changed in procedure UN2-07-005, Clearing LC-308 Bridle and Connections.
Observed
on or about 6/18/09.
m) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, a
procedural step was
changed in procedure UN2-019-014, Cleaning LV-184 Inlet Strainer. Observed
on or
about 6/18/09.
n) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were added
to procedure UN2-09-018, Filling Generator Fuel Tank. Observed on or about
6/18/09.
o) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were added
to, and a numerical value (temperature) changed in procedure UN3-05-001,
Start Treater
Gas Eductor Package (M_802). Observed on or about 6/18/09.
p) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were added
to procedure UN3-05-003, Prepare Filter for inspection. Observed on or
about 6/18/09.
q) Nustar Asphalt Refining Co. LLC, Paulsboro facility - In 2008, step(s)
were added
to, and step(s) were deleted from procedure UN3-05-006, Steaming T-801
Sight Glass.
Observed on or about 6/08/09.
r) Nustar Asphalt Refining Co. LLC, Paulsboro facility -  In 2008, step(s)
were added
to, and step(s) were deleted from procedure UN3-05-006, Steaming T-802
Sight Glass.
On or about 6/18/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Recent events (2)

2010-04-22 00:00:00 — R (S) $4500.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 L04

Deleted Serious Gravity 10 1 instance 23 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500

General-duty citation text

29 CFR 1910.119(l)(4):  A change covered by 29 CFR 1910.119(l) resulted in
a change in the
process safety information required by 29 CFR 1910.119(d) and the process
information was not
updated:
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility - The employer did
not
document and update the process safety information when there was a change
in alarm
set points on PI-622 (pressure indicator) was changed from 14.0 to 17.0,
in the
distributive control system (DCS) for Unit 2. This is a change of process
safety
information as described in paragraph d of this section (d)(2)(i)(H). On
or about 7/29/09.
b). Nustar Asphalt Refining Co. LLC, Paulsboro facility - The employer did
not
document and update the process safety information when there was a change
in alarm
set points on the 6-BTU-849 high alarm (heat control) was changed from
106.000 to
107,5000 BTU in the distributive control system (DCS) for Unit 2. This is
a change of
process safety information as described by paragraph d of this section
(d)(2)(i)(H). On
or about 7/29/09.
c). Nustar Asphalt Refining Co. LLC, Paulsboro facility - The employer did
not
document and update the process safety information when there was a change
in
alarm
set points on LI-106 (level indicator) from 55 to 70 in the distributive
control system
(DCS) in Unit 2. This is a change of process safety information as
described in
paragraph (d)(2)(i)(H) of this section. On or about 7/29/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Recent events (2)

2010-04-22 00:00:00 — R (S)
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 M05

Deleted Serious Gravity 10 1 instance 23 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $4,500

General-duty citation text

29 CFR 1910.119(m)(5):  The employer did not establish a system to
promptly address and
resolve the incident investigation report findings and recommendations:
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility - The employer
failed to correct
the causes of the flare incident on 10/20/08 that were identified in the
incident report.
On or about 7/14/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.CE

Recent events (2)

2010-04-22 00:00:00 — R (S) $4500.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 M06

Deleted Serious Gravity 10 1 instance 18 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $4,500

General-duty citation text

29 CFR 1910.119(m)(6):  The incident investigation report was not reviewed
with all affected
personnel, including contract employees whose job tasks are relevant to
the incident findings:
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility - The employer
failed to inform
employees of the results of the incident investigation regarding the flare
incident that
occurred on 10/20/08. On or about 4/14/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.CE

Recent events (2)

2010-04-22 00:00:00 — R (S) $4500.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 N

Other-than-serious Gravity 10 1 instance 11 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $3,000 Reduced

General-duty citation text

29 CFR 1910.119(n):  The employer did not establish and implement an
emergency plan for the
entire plant in accordance with the provisions of 29 CFR 1910.38(a):
a). Nustar Asphalt Refining Co. LLC, Paulsboro facility, Control Room -
There was no
specific indicators for employees, including, but not limited to console
operators to
initiate an evacuation. On or about 4/14/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER
IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS
ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY
OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.CE

Recent events (2)

2010-04-22 00:00:00 — R (O) $3000.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.134 D01 III

Serious Gravity 10 1 instance 18 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $5,000

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the
respiratory
hazard(s) in the workplace; this evaluation shall include a reasonable
estimate of employee
exposures to respiratory hazard(s) and identification of the contaminant's
chemical state and
physical form. Where the employer cannot identify or reasonable estimate
the employee
exposure, the employer shall consider the atmosphere to be IDLH.
a) Nustar Asphalt Refining Co. LLC, Paulsboro facility, Control Room - The
employer had not evaluated the respiratory hazard generated by a release
of toxic gas
(H2S) intruding into the control room creating a potential immediately
dangerous to
life and health (IDLH) atmosphere. On or about 4/14/09.
NOTE:  IN ADDITION TO ABATEMENT CERTIFICATION, THE
EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION
FOR THIS ITEM.  FAILURE TO COMPLY WILL RESULT IN AN
ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR
1903.19.CE

Recent events (2)

2010-04-22 00:00:00 — R (S) $5000.00
2009-10-13 00:00:00 — Z (S) $4500.00

5(a)(1)

Serious Gravity 10 1 instance 7 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2010
Penalty: Initial $4,500 · Current $7,000

Recent events (2)

2010-04-22 00:00:00 — R (S) $7000.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 F01 IIIB

Serious Gravity 10 1 instance 10 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009

Recent events (2)

2010-04-22 00:00:00 — R (S)
2009-10-13 00:00:00 — Z (S)

1910.119 E03 VI

Serious Gravity 10 1 instance 10 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $7,000

Recent events (2)

2010-04-22 00:00:00 — R (S) $7000.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 E03 VII

Serious Gravity 10 1 instance 23 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009

Recent events (2)

2010-04-22 00:00:00 — R (S)
2009-10-13 00:00:00 — Z (S)

1910.119 F01 IV

Serious Gravity 10 3 instances 10 exposed

Issued: Oct 13, 2009
Abate by: Dec 31, 2010
Penalty: Initial $4,500 · Current $7,000

Recent events (2)

2010-04-22 00:00:00 — R (S) $7000.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 G02

Serious Gravity 10 1 instance 14 exposed

Issued: Oct 13, 2009
Abate by: Dec 31, 2010

Recent events (2)

2010-04-22 00:00:00 — R (S)
2009-10-13 00:00:00 — Z (S)

1910.119 L01

Serious Gravity 10 21 instances 18 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $7,000

Recent events (2)

2010-04-22 00:00:00 — R (S) $7000.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 L03

Serious Gravity 10 38 instances 18 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009

Recent events (2)

2010-04-22 00:00:00 — R (S)
2009-10-13 00:00:00 — Z (S)

1910.119 M05

Serious Gravity 10 1 instance 23 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009
Penalty: Initial $4,500 · Current $7,000

Recent events (2)

2010-04-22 00:00:00 — R (S) $7000.00
2009-10-13 00:00:00 — Z (S) $4500.00

1910.119 M06

Serious Gravity 10 1 instance 18 exposed

Issued: Oct 13, 2009
Abate by: Nov 6, 2009

Recent events (2)

2010-04-22 00:00:00 — R (S)
2009-10-13 00:00:00 — Z (S)

More inspections at Nustar Asphalt Refining, LLC

Apr 7, 2010 WILMINGTON, NC Jun 9, 2008 WEST DEPTFORD, NJ

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Source

This record is reproduced from the U.S. Department of Labor Open Data API (OSHA inspection dataset). The original IMIS detail view is available at OSHA's Establishment Search for activity number 313008674.

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