{"operation":"document","citation":"CPF 120105005W","title":"KINDER MORGAN LIQUID TERMINALS, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-03-29","effective_on":null,"summary":"CLOSED warning letter citing 195.505(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120105005w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120105005w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120105005w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120105005W","body":"Warning Letter involving KINDER MORGAN LIQUID TERMINALS, LLC. PHMSA's enforcement data identifies the cited regulation as 195.505(b). The case was opened on 2010-03-29 and is reported as closed as of 2010-03-29. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120105005W_Warning Letter_03292010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120105005W/120105005W_Warning%20Letter_03292010_text.pdf\n\n120105005W_Warning Letter_03292010_text.pdf\n\nU.S. Department 820 Bear Tavern Road, Suite 306\nOf Transportation West Trenton, NJ 08628\nPipeline and 609.989.2171\nHazardous Materials\nSafety Administration\nWARNING LETTER\nEXPRESS OVERNIGHT DELIVERY\nMarch 29, 2010\nKinder Morgan Liquids Terminals LLC\nMr. David Vattimo, Regional Vice President for Terminals\n8500 West 68th Street\nArgo, IL 60501-0409\nCPF 1-2010-5005W\nDear Mr. Vattimo:\nOn August 18-21, 2008, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nKinder Morgan Liquids Terminals LLC Operator Qualification (OQ) records and procedures in\nPerth Amboy, New Jersey.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation is:\n1. §195.505 Qualification program\n§195.505(b) Each operator shall have and follow a written qualification program.\nThe program shall include provisions to: (b) Ensure through evaluation that\nindividuals performing covered tasks are qualified.\nKinder Morgan Liquids Terminals LLC (KM) failed to follow their own Operator Qualification\nProgram for re-evaluation of individuals performing covered tasks. A review of randomly\nselected personnel qualification records indicated that several personnel did not re-qualify as\nrequired by KM procedures for individuals performing covered tasks.\n\n\n\nCPF 1-2010-5005W\nThe KM Operator Qualification Program (Revised 11/26/07, Section 3.3.1, Re-evaluation at\nsubsequent Intervals) states that KM OQ qualified Evaluatees who perform the specific covered\ntasks, will be evaluated before or during the final year of the subsequent OQ qualification\ninterval (three year interval) for that task. Records reviewed for four randomly selected KM\nemployees (ISN Task Qualification Summary Reports for the following employees: ISN-\n00880114, ISN-00880102, ISN-00880081, and ISN-00880099) indicated that the employees\nqualifications to perform multiple covered tasks had lapsed between 12/2007 and 4/2008.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item(s) identified in this letter.\nFailure to do so will result in Kinder Morgan Liquids Terminals LLC being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2010-5005W. 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,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120105005W_Warning Letter_03292010 2 of 2","truncated":false,"body_characters":4026}