# KINDER MORGAN SOUTHEAST TERMINALS — Warning Letter

**Citation:** CPF 120135001W  
**Type / status:** enforcement / historical  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** Not stated  
**Published:** 2013-01-07

CLOSED warning letter citing 195.583(a).

## Document text

Warning Letter involving KINDER MORGAN SOUTHEAST TERMINALS. PHMSA's enforcement data identifies the cited regulation as 195.583(a). The case was opened on 2013-01-07 and is reported as closed as of 2013-01-07. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

120135001W_Warning Letter_01072013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135001W/120135001W_Warning%20Letter_01072013.pdf

120135001W_Warning Letter_01072013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135001W/120135001W_Warning%20Letter_01072013_text.pdf

120135001W_Warning Letter_01072013_text.pdf

U.S. Department Of Transportation Pipeline and 609.989.2171
Hazardous Materials
Safety Administration
820 Bear Tavern Road, Suite 103
West Trenton, NJ 08628
WARNING LETTER
OVERNIGHT EXPRESS MAIL
January 7, 2013
Mr. Ronald G. McClain
Vice President Engineering/Operations
Kinder Morgan Southeast Terminals
500 Dallas Street, Suite 1000
Houston, TX 77002
CPF 1-2013-5001W
Dear Mr. McClain:
Between September 26-28, 2012, a State Inspector from the Virginia State Corporation
Commission (VA SCC) acting as Agent for the Pipeline and Hazardous Materials Safety
Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your
Kinder Morgan Southeast Terminal (KMST) pipeline facilities in Newington, Virginia.
As a result of the inspection, it appears that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the
probable violation is:
1. § 195.583 What must I do to monitor atmospheric corrosion control?
(a) You must inspect each pipeline or portion of pipeline that is exposed to the atmosphere
for evidence of atmospheric corrosion, as follows:
If the pipeline is located: Onshore Then frequency of inspection is:
At least once every 3 calendar years, but with intervals
not exceeding 39 months
KMST failed to inspect each pipeline or portion of pipeline exposed to the atmosphere, at least
once every 3 calendar years, but with intervals not exceeding 39 months.



During the review of records at the KMST Newington, VA facility, the VA SCC inspector noted
one occasion where KMST had not conducted an atmospheric corrosion inspection since October
17, 2008. This was 8 months and 10 days past the required 39 month maximum interval.
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 identified in this letter.
Failure to do so will result in KMST being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, please send your correspondence to:
Mr. Byron Coy, PE, Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103, West
Trenton, NJ 08628, and in your correspondence please refer to CPF 1-2013-5001W. 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).
Sincerely,
Byron E. Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
Cc: Mr. James Hotinger, VA SCC
120135001W_Warning Letter_01072013 2 of 2

## Provenance

- Official: Yes
- Source: <https://primis.phmsa.dot.gov/enforcement-data/case/120135001W>
- Source ID: `phmsa-enforcement`
- SHA-256: `5b54acdc27d7072d340a3db5482d7603036bf5de6a20d04b97d441e87d6229c8`
- Retrieved: 2026-08-20T04:44:44.458Z
- Exported: 2026-08-23T17:15:00.786Z
- Document slug: `phmsa-enforcement-120135001w`

### Source metadata

```json
{
  "cpf": "120135001W",
  "operator": "KINDER MORGAN SOUTHEAST TERMINALS",
  "region": "Eastern",
  "pipelineType": "INTERSTATE LIQUID ONSHORE",
  "caseStatus": "CLOSED",
  "citedSections": [
    "195.583(a)"
  ],
  "dataAsOf": "08/04/2026 12PM",
  "caseDataAsOf": "2026-08-04",
  "attachmentCount": 2,
  "attachments": [
    {
      "name": "120135001W_Warning Letter_01072013.pdf",
      "url": "https://primis.phmsa.dot.gov/enforcement-documents/120135001W/120135001W_Warning%20Letter_01072013.pdf",
      "bytes": 116868,
      "category": "agency_document"
    },
    {
      "name": "120135001W_Warning Letter_01072013_text.pdf",
      "url": "https://primis.phmsa.dot.gov/enforcement-documents/120135001W/120135001W_Warning%20Letter_01072013_text.pdf",
      "bytes": 17460,
      "category": "agency_document"
    }
  ],
  "extractedAgencyDocumentCount": 1,
  "attachmentPolicy": "Official attachment links are retained. Agency-issued documents may also include a verified local PDF and page-level text representation.",
  "jurisdiction": "US",
  "operatorName": "KINDER MORGAN SOUTHEAST TERMINALS"
}
```
