{"operation":"document","citation":"CPF 12023036NOPV","title":"KINDER MORGAN LIQUID TERMINALS, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-05-04","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.264(b)(1)(ii), 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023036nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023036nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023036nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023036NOPV","body":"Notice of Probable Violation involving KINDER MORGAN LIQUID TERMINALS, LLC. PHMSA's enforcement data identifies the cited regulations as 195.264(b)(1)(ii),  195.402(a). The case was opened on 2023-05-04 and is reported as closed as of 2024-11-06. Proposed civil penalty: $75,200. Assessed civil penalty: $39,400. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023036NOPV_Closure Letter_11062024_(22-233211).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023036NOPV/12023036NOPV_Closure%20Letter_11062024_(22-233211).pdf\n\n12023036NOPV_Closure Letter_11062024_(22-233211)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023036NOPV/12023036NOPV_Closure%20Letter_11062024_(22-233211)_text.pdf\n\n12023036NOPV_Consent Agreement and Order_10272023_(22-233211).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023036NOPV/12023036NOPV_Consent%20Agreement%20and%20Order_10272023_(22-233211).pdf\n\n12023036NOPV_Consent Agreement and Order_10272023_(22-233211)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023036NOPV/12023036NOPV_Consent%20Agreement%20and%20Order_10272023_(22-233211)_text.pdf\n\n12023036NOPV_Operator RtN RfH Req TimeExt and Case File_06012023_(22-23321).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023036NOPV/12023036NOPV_Operator%20RtN%20RfH%20Req%20TimeExt%20and%20Case%20File_06012023_(22-23321).pdf\n\n12023036NOPV_Operator Withdrawal of Hearing Request_10312023_(22-233211).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023036NOPV/12023036NOPV_Operator%20Withdrawal%20of%20Hearing%20Request_10312023_(22-233211).pdf\n\n12023036NOPV_PCO PCP_05042023_(22-233211).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023036NOPV/12023036NOPV_PCO%20PCP_05042023_(22-233211).pdf\n\n12023036NOPV_PCO PCP_05042023_(22-233211)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023036NOPV/12023036NOPV_PCO%20PCP_05042023_(22-233211)_text.pdf\n\n12023036NOPV_PHC Hearing Scheduled_06142023_(22-233211).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023036NOPV/12023036NOPV_PHC%20Hearing%20Scheduled_06142023_(22-233211).pdf\n\n12023036NOPV_PHC Hearing Scheduled_06142023_(22-233211)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023036NOPV/12023036NOPV_PHC%20Hearing%20Scheduled_06142023_(22-233211)_text.pdf\n\n12023036NOPV_Consent Agreement and Order_10272023_(22-233211)_text.pdf\n\nOctober 27, 2023\nVIA ELECTRONIC MAIL TO: john schlosser@kindermorgan.com\nJohn Schlosser\nPresident, Terminals\nKinder Morgan Liquid Terminals, LLC\n1001 Louisiana Street, Suite 1000\nHouston, Texas 77002\nCPF No. 1-2023-036-NOPV\nDear Mr. Schlosser:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement between\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA) and Kinder Morgan Liquid\nTerminals, LLC, which was executed on October 24, 2023. Service of the Consent Order and\nConsent Agreement by electronic mail is deemed effective upon the date of transmission and\nacknowledgement of receipt, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosures: Order and Consent Agreement\ncc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA\nMr. Joshua Etzel, Vice President, Northern Area, Kinder Morgan Liquid Terminals, LLC,\nJoshua_Etzel@kindermorgan.com\nMs. Mary Clair Lyons, Esq., Assistant General Counsel, Environmental Health and Safety,\nKinder Morgan Liquid Terminals, LLC, Mary_Lyons@kindermorgan.com\nMs. Annie Cook, Esq., Bracewell LLP, Outside Counsel to Kinder Morgan Liquid\nTerminals, LLC, annie.cook@bracewell.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nKinder Morgan Liquid Terminals, LLC, ) CPF No. 1-2023-036-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated May 5, 2023, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation, Proposed\nCivil Penalty, and Proposed Compliance Order (Notice) to Kinder Morgan Liquid Terminals,\nLLC (KMLT or Respondent).\nIn response to the Notice, contested two (Items 1 and 2) of the alleged violations, associated\nproposed civil penalty, and the associated proposed compliance order, and requested a hearing in\nthis matter. Respondent also asked for the opportunity to meet informally with PHMSA to\ndiscuss the issues raised in its response. Respondent and PHMSA (The Parties) subsequently\nmet to discuss the issues raised in the Response. As a result of those discussions, as explained in\nmore detail below, Respondent agreed to certain findings of violation without admission and\nsubject to the agreed terms of the Parties, and to pay a reduced civil penalty and take corrective\naction as detailed in the accompanying Consent Agreement.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order. KMLT is hereby ordered to comply with the terms of the Consent Agreement\npursuant to its terms.\nPursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent Order may result in\nthe assessment of civil penalties as set forth in 49 U.S.C. § 60122 and 49 C.F.R. § 190.223.\nThe terms and conditions of this Consent Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nOctober 27, 2023\n______________________________ ______________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\n)\nKinder Morgan Liquid Terminals, LLC ) )\nRespondent. )\nCPF No. 1-2023-036-NOPV\nCONSENT AGREEMENT\nFrom June 13 through November 4, 2022, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.), conducted an on-site pipeline safety inspection of the\nfacilities and records of Kinder Morgan Liquid Terminals, LLC (KMLT or Respondent) in\nCarteret and Perth Amboy, New Jersey. The system inspection was of interstate hazardous\nliquid transmission pipeline mileage totaling approximately 9.22 miles. There are 113 breakout\ntanks located in this system.\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated May 5, 2023, a Notice of Probable Violation, Proposed Compliance Order, and\nProposed Civil Penalty (Notice), which also included warning items pursuant to 49 C.F.R. §\n190.205. In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that KMLT\ncommitted violations of two provisions of 49 C.F.R. § 195 in Items 1 and 2, and proposed\nordering Respondent to take certain measures to correct an alleged violation and a civil penalty\nof $75,200. The other probable violations (Items 3 and 4) were brought as warnings, advising\nthe operator to correct the probable violations or face potential future enforcement action.\nKMLT responded to the Notice by letter dated June 1, 2023 (Response). Respondent contested\nItems 1 and 2 in the Notice and the proposed civil penalty and the proposed compliance order\nand requested a hearing in this matter. Respondent also requested to meet informally with\nPHMSA to discuss the issues raised in the Response and stated that, without admission, it was\nelecting not to contest the two warning items in the Notice.\nPHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the\nResponse. As a result of those discussions and as explained in more detail below, for Item 1 the\nParties have agreed to extend the timeframe to complete the PCO to 270 days. For Item 2, the\nparties have agreed to a reduced civil penalty of $39,400.\n\n\n\nHaving agreed that settlement of this proceeding will avoid further administrative proceedings or\nlitigation and will serve the public interest by promoting safety and protection of the\nenvironment, pursuant to 49 C.F.R. Part 190, and upon consent and agreement, the Parties hereby\nagree as follows:\nI. General Provisions\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the\nFederal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative\norders issued thereunder. For purposes of this Agreement, Respondent acknowledges that it\nreceived proper notice of PHMSA’s action in this proceeding and that the Notice states claims\nupon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq., and the regulations and\norders issued thereunder.\n2. After Respondent returns this signed Agreement to PHMSA, the Agency’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety, recommending\nthat the Associate Administrator adopt the terms of this Consent Agreement by issuing an\nadministrative order (Consent Order) incorporating the terms of this Agreement. The terms of this\nAgreement constitute an offer of settlement until accepted by the Associate Administrator. Once\naccepted, the Associate Administrator will issue a Consent Order incorporating the terms of this\nAgreement.\n3. Respondent consents to the issuance of the Consent Order, and hereby waives any\nfurther procedural requirements with respect to its issuance. Respondent waives all rights to\ncontest the adequacy of notice, or the validity of the Consent Order or this Agreement, including\nall rights to administrative or judicial hearings or appeals, except as set forth herein.\n4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons\notherwise bound by law. Respondent agrees to provide a copy of this Agreement and any\nincorporated work plans and schedules to all of Respondent’s officers, employees, and agents\nwhose duties might reasonably include compliance with this Agreement.\n5. This Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement.\nThe Parties acknowledge that there are no representations, agreements or understandings relating\nto settlement other than those expressly contained in this Agreement, except that the terms of this\nAgreement may be construed by reference to the Notice.\n6. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,\net seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters\nPHMSA's right of access, entry, inspection, and information gathering or PHMSA's authority to\nbring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n\n\n\n7. For all transfers of ownership or operating responsibility of Respondent’s pipeline\nsystem referenced herein, Respondent will provide a copy of this Agreement to the prospective\ntransferee at least 30 days prior to such transfer. Respondent will provide written notice of the\ntransfer to the PHMSA Eastern Regional Director no later than 60 days after the transfer occurs.\n8. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems. This Agreement is not a\npermit, or a modification of any permit, under any Federal, State, or local laws or regulations.\nRespondent remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n9. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n10. Except as set forth herein, this Agreement does not constitute a finding of\nviolation of any other federal law or regulation and may not be used in any civil proceeding of\nany kind as evidence or proof of any fact, fault or liability, or as evidence of a violation of any\nlaw, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this\nAgreement or in future PHMSA enforcement actions.\n11. Except as otherwise specified below, Respondent neither admits nor denies any\nallegation or conclusion in the Notice or this Agreement, but agrees for purposes of this\nAgreement to comply with the terms of this Agreement.\n12. Upon issuance of the Consent Order, the Parties agree to the following terms.\nII. Findings of Violation:\n13. Item 1- 49 C.F.R. § 195.264(b)(1): The Notice alleged Respondent failed to\nprovide adequate records for its facility breakout tanks built after October 2, 2000, demonstrating\nadequate impoundments in accordance with NFPA-30 and § 195.264(b)(1). Specifically, the\nNotice alleged that KMLT Tank Impoundment Records had many discrepancies such as\nincorrectly referenced breakout tank numbers, incorrect dike area containment and tank volumes,\ndike areas incorrectly labeled as well as unsupported calculations. KMLT challenged Item 1 on\nthe grounds it would need more time to perform the relevant surveys to support tank\nimpoundment calculation data. The Parties agreed to a timeframe of 270 days to conduct all\nsurveys and field verification due to potential interference in aerial surveys by vegetation growth\nand the need to re-verify aerial gaps.\n\n\n\n14. Item 2- 49 C.F.R. § 195.402(a): The Notice alleged Respondent failed to follow\nits manual of written procedures. Specifically, the Notice alleged that KMLT failed to follow its\nEmergency Shutdown Procedure, T-O&M 500 – Pump Emergency Shutdown, dated 09/14/16\nand 12/10/20, for conducting its emergency shutdown tests. KMLT challenged Item 2 on the\ngrounds that there is no evidence that the emergency shutdown system was ever impaired in\n2020 or 2021. KMLT provided available SCADA data to PHMSA demonstrating that safety\nsystems were effective and operable during the period in question. KMLT conceded that these\ntests were not recorded in the appropriate form as required its procedure. As a result of the data\nprovided, the Parties agreed to a reduced Civil Penalty of $39,400.\n15. Items 1 and 2 will be considered by PHMSA as prior offenses in any future PHMSA\nenforcement action taken against Respondent for the five (5)-year period following the Effective\nDate of this Agreement.\nIII. Warning Items:\n16. Item 3- 49 C.F.R. § 195.402(a): The Notice alleged that KMLT failed to follow\nits manual of written procedures. Specifically, the Notice alleged that KMLT failed to follow its\nIntegrity Management Program – IMP, dated 10/05/22 (IMP) for conducting its integrity\nmanagement program effectiveness reviews, in accordance with § 195.402(a). This Item was\nbrought as a warning Item and does not constitute a finding of violation. Without admission,\nKMLT stated in the Response it has revised the IMP to include criteria for Facility Performance\nMetrics.\n17. Item 4- 49 C.F.R. § 195.402(a): The Notice alleged KMLT failed to conduct its\n2020 calendar year annual review of its emergency manual for the Perth Amboy, New Jersey\nfacility at the required interval in accordance with § 195.402(a). Specifically, the Notice alleged\nthat KMLT exceeded the permitted 15-month interval between the 2019 and 2020 calendar year\nAnnual ERP Review. This Item was brought as a warning Item and does not constitute a finding\nof violation. Without admission, KMLT stated in the Response it will utilize its OpsInfo tool to\ncreate an actionable task for annual ERP review.\n18. For Warning Items 3 and 4, if OPS finds a violation of these provisions in a\nsubsequent inspection, Respondent may be subject to future enforcement action.\nIV. Civil Penalty:\n19. Item 2: The Notice proposed assessing a civil penalty in the amount of $75,200\nfor Item 2. Respondent requested a reduction of the proposed civil penalty. After consideration\nof additional information provided by Respondent PHMSA agrees to reduce the civil penalty.\nThe reduction is based on SCADA data provided to PHMSA demonstrating that safety systems\nwere effective and operable during the period in question. KMLT conceded that these tests were\nnot recorded in the appropriate form as required by its procedures. It has been determined Item 2\nminimally affected pipeline safety. Respondent agrees to pay a civil penalty in the amount of\n$39,400 for the violation in Item 2.\n\n\n\n20. Respondent shall pay a total civil penalty in the amount of $39,400, pursuant to\nthe payment instructions at 49 C.F.R. § 190.227(a), to be paid in full no later than 20 days from\nthe Effective Date of this Agreement.\nV. Compliance Order:\n21. Item 1: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in Item 1. The Notice proposed that KMLT must conduct a survey or field\nverification to support the tank impoundment calculation data within 180 days of receipt of a\nFinal Order in this matter. As discussed above, Respondent requested, and the Parties agreed to, a\ntimeframe of 270 days to conduct all surveys and field verification to satisfy the compliance\nactions.\nVI. Enforcement:\n22. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties\nunder 49 U.S.C. § 60122, of up to $257,664 per violation for each day the violation continues and\nreferral of the case to the Attorney General for judicial enforcement, if PHMSA determines that\nRespondent is not complying with the terms of this Agreement in accordance with the\ndeterminations made by the Director, or if appealed, in accordance with decisions of the Associate\nAdministrator. The maximum civil penalty amounts are adjusted annually for inflation. See 49\nC.F.R. § 190.223.\nVII. Dispute Resolution:\n23. The Director and Respondent will informally attempt to resolve any disputes\narising under this Agreement, including but not limited to any decision of the Director. If\nRespondent and the Director are unable to informally resolve the dispute within 15 calendar days\nafter the dispute is first raised, in writing, to the Director, Respondent may submit a written\nrequest for a determination resolving the dispute from the Associate Administrator for Pipeline\nSafety, PHMSA. Such request must be made in writing and provided to the Director, counsel for\nthe Central Region, and to the Associate Administrator for Pipeline Safety, no later than 10\ncalendar days from the 15-day deadline for informal resolution referenced in this paragraph.\nAlong with its request, Respondent must provide the Associate Administrator with all\ninformation Respondent believes is relevant to the dispute. Decisions of the Associate\nAdministrator under this paragraph will constitute final agency action. The existence of a\ndispute and PHMSA’s consideration of matters placed in dispute will not excuse, toll, or suspend\nany term or timeframe for completion of any work to be performed under this Agreement during\nthe pendency of the dispute resolution process, except as agreed by the Director or the Associate\nAdministrator in writing, or ordered by a court of competent jurisdiction.\nVIII. Effective Date:\n24. The term “Effective Date,” as used herein, is the date on which the Consent Order\nis issued by the Associate Administrator, PHMSA, incorporating the terms of this Agreement.\n\n\n\nIX. Recordkeeping and Information Disclosure:\n25. Unless otherwise required in this Agreement, Respondent agrees to maintain\nrecords demonstrating compliance with all requirements of this Agreement for a period of at\nleast five (5) years following completion of all work to be performed. For any reports, plans, or\nother deliverables required to be submitted to PHMSA pursuant to this Agreement, Respondent\nmay assert a claim of business confidentiality or other protections applicable to the release of\ninformation by PHMSA, covering part or all of the information required to be submitted to\nPHMSA pursuant to this Agreement in accordance with 49 C.F.R. Part 7. Respondent must\nmark the claim of confidentiality in writing on each page, and include a statement specifying the\ngrounds for each claim of confidentially. PHMSA determines release of any information\nsubmitted pursuant to this Agreement in accordance with 49 C.F.R. Part 7, the Freedom of\nInformation Act, 5 U.S.C. § 552, DOT and PHMSA policies, and other applicable regulations\nand Executive Orders.\nX. Modification:\n26. The terms of this Agreement may be modified by mutual agreement of the Parties.\nSuch modifications must be in writing and signed by both parties.\nXI. Ratification:\n27. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\n28. The Parties hereby agree to all conditions and terms of this Agreement.\nXIII. Termination:\n29. This Agreement will remain in effect until the Compliance Order in Section V is\nsatisfied, as determined by the Director. The Agreement shall not terminate until the Director\nconfirms, in writing, that the Agreement is terminated in accordance with this paragraph.\nNothing in this Agreement prevents Respondent from completing any of the obligations earlier\nthan the deadlines provided for in this Agreement.\n\n\n\nFor Kinder Morgan Liquid Terminals, LLC :\n___________________________________\n________________________\nDate\nFor PHMSA:\n________________________________________\nDirector, Eastern Region, Office of Pipeline Safety\n________________________\nDate\n\n12023036NOPV_PHC Hearing Scheduled_06142023_(22-233211)_text.pdf\n\nJune 14, 2023\nVIA ELECTRONIC MAIL TO: joshua etzel@kindermorgan.com and\nrobert.burrough@dot.gov\nMr. Joshua Etzel\nVice President, Northern Area\nKinder Morgan Liquid Terminals, LLC\n1001 Louisiana Street, Suite 1000\nHouston, TX 77002\nMr. Robert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n840 Bear Tavern Road, Suite 300\nWest Trenton, NJ 08628\nRe: Notice of Hearing, Kinder Morgan Liquid Terminals, LLC\nCPF No. 1-2023-036-NOPV\nDear Mr. Etzel and Mr. Burrough:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation, Proposed Civil Penalty, and Proposed Compliance Order issued by the\nPipeline and Hazardous Materials Safety Administration in the above-referenced case. The\nhearing will take place on November 15, 2023, beginning at 8:30 a.m. Eastern Time.\nThe hearing will be held at the PHMSA Eastern Region office, 840 Bear Tavern Road, Suite\n300, West Trenton, NJ 08628. Upon arrival at the building, attendees will be required to present\nphoto identification to security personnel. A contact phone number for the day of the hearing is\n(609) 989-2171.\nAt least 10 calendar days prior to the hearing (or by November 6, 2023), both parties must\nsubmit and exchange any additional written materials they intend to present at the hearing and\nthe name and email address of each attendee. This information should be provided\nelectronically. Materials not submitted by this date may be excluded. If you have any questions,\nplease do not hesitate to contact me.\n\n\n\nSincerely,\nLarry White\nPresiding Official\ncc: Ms. Mary Clair Lyons, Assistant General Counsel, Kinder Morgan Liquid Terminals,\nLLC, mary_lyons@kindermorgan.com\nMr. Joseph St. Peter, OPS Eastern Region Counsel, joseph.st.peter@dot.gov\n\n12023036NOPV_Closure Letter_11062024_(22-233211)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nNovember 6, 2024\nMr. John Schlosser\nPresident, Terminals\nKinder Morgan Liquid Terminals, LLC\n1001 Louisiana Street, Suite 1000\nHouston, Texas 77002\nCPF 1-2023-036-NOPV\nDear Mr. Schlosser:\nOn October 27, 2023, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Kinder Morgan Liquid Terminals, LLC (KMLT) a Consent Agreement in the above-\nreferenced case. This Consent Agreement included a Compliance Order. On July 23, 2024,\nKMLT requested a time extension to October 18, 2024 to meet the terms of the Compliance Order.\nOn October 17, 2024 KMLT submitted its additional response. PHMSA is in agreement with the\nproposed remediation plan for the deficient dike areas at Carteret, New Jersey facility. Based on\nour review of the documentation you provided and confirmation of payment of the civil penalty it\nhas been determined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":25834}