# KINDER MORGAN LIQUID TERMINALS, LLC — Notice of Amendment **Citation:** CPF 12025022NOA **Type / status:** enforcement / historical **Agency:** Pipeline and Hazardous Materials Safety Administration **Effective:** Not stated **Published:** 2025-05-21 CLOSED notice of amendment citing 195.402(c)(3). ## Document text Notice of Amendment involving KINDER MORGAN LIQUID TERMINALS, LLC. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(3). The case was opened on 2025-05-21 and is reported as closed as of 2025-07-01. Open the official case record for notices, responses, orders, and the latest status. Official case documents: 12025022NOA_Closure Letter_07012025_(24-295891).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025022NOA/12025022NOA_Closure%20Letter_07012025_(24-295891).pdf 12025022NOA_Closure Letter_07012025_(24-295891)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025022NOA/12025022NOA_Closure%20Letter_07012025_(24-295891)_text.pdf 12025022NOA_Notice of Amendment_05212025_(24-295891).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025022NOA/12025022NOA_Notice%20of%20Amendment_05212025_(24-295891).pdf 12025022NOA_Notice of Amendment_05212025_(24-295891)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025022NOA/12025022NOA_Notice%20of%20Amendment_05212025_(24-295891)_text.pdf 12025022NOA_Operator Response to Notice_06192025_(24-295891).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025022NOA/12025022NOA_Operator%20Response%20to%20Notice_06192025_(24-295891).pdf 12025022NOA_Notice of Amendment_05212025_(24-295891)_text.pdf NOTICE OF AMENDMENT VIA ELECTRONIC MAIL TO: joshua etzel@kindermorgan.com May 21, 2025 Joshua Etzel VP Operations and Engineering Kinder Morgan Liquid Terminals, LLC 78 Lafayette Street Carteret, New Jersey 07008 CPF 1-2025-022-NOA Dear Mr. Etzel: From April 1, 2024 to July 22, 2024, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected Kinder Morgan Liquid Terminals, LLC’s (Kinder Morgan) breakout tank procedures. As a result of the inspection, PHMSA has identified an apparent inadequacy found within Kinder Morgan’s plans or procedures. The item inspected and the inadequacy is described below: 1. § 195.402 Procedural manual for operations, maintenance, and emergencies. (a) … (c) Maintenance and normal operations. The manual required by paragraph (a) of this section must include procedures for the following to provide safety during maintenance and normal operations: (1) … (3) Operating, maintaining, and repairing the pipeline system in accordance with each of the requirements of this subpart and subpart H of this part. Kinder Morgan’s procedures for maintenance and normal operations were inadequate to assure safe operation of a pipeline facility in accordance with section 195.402(c)(3). Specifically, Kinder Morgan’s procedures, T-O&M 2241 – Tank to Tank Transfer, dated 07/17/09 and T-O&M 2242 – Tank Circulation, dated 05/27/09, (Transfer and Circulation Procedures), failed to include the correct record retention requirement of two years in accordance with section 195.404(c)(3). Section 195.404(c)(3) requires operators to maintain a record of each inspection and test required by Part 195 Subpart F for at least 2 years or until the next inspection or test is performed, whichever is longer. During the inspection, PHMSA reviewed the Transfer and Circulation Procedures. Section 5 of the Transfer and Circulation Procedures stated that the inspections required by the procedures shall be documented and records retained for a minimum of only one year. Therefore, Kinder Morgan’s procedures for maintenance and normal operations were inadequate to assure safe operation of a pipeline facility in accordance with section 195.402(c)(3). PHMSA proposes that Kinder Morgan must revise its procedures to address the deficiency discussed above. Response to this Notice Please refer to this document and note the response options. 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). Following the receipt of this Notice, you have 30 days to submit written comments, revised procedures, or a request for a hearing under section 190.211. If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue an Order Directing Amendment. If your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 CFR § 190.206). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within 30 days of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herein have been addressed in your amended procedures, this enforcement action will be closed. It is requested (not mandated) that Kinder Morgan Liquid Terminals, LLC maintain documentation of the safety improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit the total to Robert Burrough, Director, Eastern Region, Pipeline and Hazardous Materials Safety Administration. In correspondence concerning this matter, please refer to CPF 1-2025-022-NOA and, for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, Robert Burrough Director, Eastern Region Pipeline and Hazardous Materials Safety Administration Enclosure: Response Options for Pipeline Operators in Enforcement Proceedings 12025022NOA_Closure Letter_07012025_(24-295891)_text.pdf VIA ELECTRONIC MAIL TO: joshua etzel@kindermorgan.com July 1, 2025 Joshua Etzel VP Operations and Engineering Kinder Morgan Liquid Terminals, LLC 78 Lafayette Street Carteret, New Jersey 07008 CPF 1-2025-022-NOA Dear Mr. Etzel: From April 1, 2024 through July 22, 2024, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected Kinder Morgan Liquid Terminals, LLC’s (Kinder Morgan) breakout tank procedures. As a result of the inspection, Kinder Morgan was issued a Notice of Amendment on May 21, 2025, requiring Kinder Morgan to amend certain aspects of its procedures. On June 19, 2025, Kinder Morgan submitted its amended procedures. My staff reviewed the amended procedures, and it appears that the inadequacies outlined in this Notice of Amendment have been corrected. This letter is to inform you no further action is necessary and this case is now closed. Thank you for your cooperation. Sincerely, Robert Burrough Director, Eastern Region Pipeline and Hazardous Materials Safety Administration ## Provenance - Official: Yes - Source: - Source ID: `phmsa-enforcement` - SHA-256: `3e6b72c9f276e51df0ebb467b04e03d5ce231a2a69245b68222a14dfbd66e8ac` - Retrieved: 2026-08-20T04:44:44.458Z - Exported: 2026-08-22T19:10:37.276Z - Document slug: `phmsa-enforcement-12025022noa` ### Source metadata ```json { "cpf": "12025022NOA", "operator": "KINDER MORGAN LIQUID TERMINALS, LLC", "region": "Eastern", "pipelineType": "INTERSTATE LIQUID, INTRASTATE LIQUID", "caseStatus": "CLOSED", "citedSections": [ "195.402(c)(3)" ], "dataAsOf": "08/04/2026 12PM", "caseDataAsOf": "2026-08-04", "attachmentCount": 5, "attachments": [ { "name": "12025022NOA_Closure Letter_07012025_(24-295891).pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/12025022NOA/12025022NOA_Closure%20Letter_07012025_(24-295891).pdf", "bytes": 190256, "category": "agency_document" }, { "name": "12025022NOA_Closure Letter_07012025_(24-295891)_text.pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/12025022NOA/12025022NOA_Closure%20Letter_07012025_(24-295891)_text.pdf", "bytes": 91696, "category": "agency_document" }, { "name": "12025022NOA_Notice of Amendment_05212025_(24-295891).pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/12025022NOA/12025022NOA_Notice%20of%20Amendment_05212025_(24-295891).pdf", "bytes": 239547, "category": "agency_document" }, { "name": "12025022NOA_Notice of Amendment_05212025_(24-295891)_text.pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/12025022NOA/12025022NOA_Notice%20of%20Amendment_05212025_(24-295891)_text.pdf", "bytes": 154101, "category": "agency_document" }, { "name": "12025022NOA_Operator Response to Notice_06192025_(24-295891).pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/12025022NOA/12025022NOA_Operator%20Response%20to%20Notice_06192025_(24-295891).pdf", "bytes": 111578, "category": "party_submission" } ], "extractedAgencyDocumentCount": 2, "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 LIQUID TERMINALS, LLC" } ```