{"operation":"document","citation":"CPF 120135001W","title":"KINDER MORGAN SOUTHEAST TERMINALS — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-01-07","effective_on":null,"summary":"CLOSED warning letter citing 195.583(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120135001W","body":"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.\n\nOfficial case documents:\n\n120135001W_Warning Letter_01072013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135001W/120135001W_Warning%20Letter_01072013.pdf\n\n120135001W_Warning Letter_01072013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135001W/120135001W_Warning%20Letter_01072013_text.pdf\n\n120135001W_Warning Letter_01072013_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nWARNING LETTER\nOVERNIGHT EXPRESS MAIL\nJanuary 7, 2013\nMr. Ronald G. McClain\nVice President Engineering/Operations\nKinder Morgan Southeast Terminals\n500 Dallas Street, Suite 1000\nHouston, TX 77002\nCPF 1-2013-5001W\nDear Mr. McClain:\nBetween September 26-28, 2012, a State Inspector from the Virginia State Corporation\nCommission (VA SCC) acting as Agent for the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nKinder Morgan Southeast Terminal (KMST) pipeline facilities in Newington, Virginia.\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. § 195.583 What must I do to monitor atmospheric corrosion control?\n(a) You must inspect each pipeline or portion of pipeline that is exposed to the atmosphere\nfor evidence of atmospheric corrosion, as follows:\nIf the pipeline is located: Onshore Then frequency of inspection is:\nAt least once every 3 calendar years, but with intervals\nnot exceeding 39 months\nKMST failed to inspect each pipeline or portion of pipeline exposed to the atmosphere, at least\nonce every 3 calendar years, but with intervals not exceeding 39 months.\n\n\n\nDuring the review of records at the KMST Newington, VA facility, the VA SCC inspector noted\none occasion where KMST had not conducted an atmospheric corrosion inspection since October\n17, 2008. This was 8 months and 10 days past the required 39 month maximum interval.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000\nper violation per day the violation persists up to a maximum of $2,000,000 for a related series of\nviolations. For violations occurring prior to January 4, 2012, the maximum penalty may not\nexceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a\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 identified in this letter.\nFailure to do so will result in KMST being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, please send your correspondence to:\nMr. Byron Coy, PE, Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103, West\nTrenton, NJ 08628, and in your correspondence please refer to CPF 1-2013-5001W. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nByron E. Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: Mr. James Hotinger, VA SCC\n120135001W_Warning Letter_01072013 2 of 2","truncated":false,"body_characters":4134}