{"operation":"document","citation":"CPF 12025022NOA","title":"KINDER MORGAN LIQUID TERMINALS, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2025-05-21","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025022noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025022noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025022noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12025022NOA","body":"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.\n\nOfficial case documents:\n\n12025022NOA_Closure Letter_07012025_(24-295891).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025022NOA/12025022NOA_Closure%20Letter_07012025_(24-295891).pdf\n\n12025022NOA_Closure Letter_07012025_(24-295891)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025022NOA/12025022NOA_Closure%20Letter_07012025_(24-295891)_text.pdf\n\n12025022NOA_Notice of Amendment_05212025_(24-295891).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025022NOA/12025022NOA_Notice%20of%20Amendment_05212025_(24-295891).pdf\n\n12025022NOA_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\n\n12025022NOA_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\n\n12025022NOA_Notice of Amendment_05212025_(24-295891)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: joshua etzel@kindermorgan.com\nMay 21, 2025\nJoshua Etzel\nVP Operations and Engineering\nKinder Morgan Liquid Terminals, LLC\n78 Lafayette Street\nCarteret, New Jersey 07008\nCPF 1-2025-022-NOA\nDear Mr. Etzel:\nFrom April 1, 2024 to July 22, 2024, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected Kinder Morgan Liquid Terminals, LLC’s (Kinder Morgan) breakout tank procedures.\nAs a result of the inspection, PHMSA has identified an apparent inadequacy found within Kinder\nMorgan’s plans or procedures. The item inspected and the inadequacy is described below:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following\nto provide safety during maintenance and normal operations:\n(1) …\n(3) Operating, maintaining, and repairing the pipeline system in\naccordance with each of the requirements of this subpart and subpart\nH of this part.\nKinder Morgan’s procedures for maintenance and normal operations were inadequate to assure\nsafe operation of a pipeline facility in accordance with section 195.402(c)(3). Specifically, Kinder\nMorgan’s procedures, T-O&M 2241 – Tank to Tank Transfer, dated 07/17/09 and T-O&M 2242 –\nTank Circulation, dated 05/27/09, (Transfer and Circulation Procedures), failed to include the\n\n\n\ncorrect record retention requirement of two years in accordance with section 195.404(c)(3).\nSection 195.404(c)(3) requires operators to maintain a record of each inspection and test required\nby Part 195 Subpart F for at least 2 years or until the next inspection or test is performed, whichever\nis longer.\nDuring the inspection, PHMSA reviewed the Transfer and Circulation Procedures. Section 5 of\nthe Transfer and Circulation Procedures stated that the inspections required by the procedures shall\nbe documented and records retained for a minimum of only one year.\nTherefore, Kinder Morgan’s procedures for maintenance and normal operations were inadequate\nto assure safe operation of a pipeline facility in accordance with section 195.402(c)(3). PHMSA\nproposes that Kinder Morgan must revise its procedures to address the deficiency discussed above.\nResponse to this Notice\nPlease refer to this document and note the response options. Be advised that all material you submit\nin response to this enforcement action is subject to being made publicly available. If you believe\nthat any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. §\n552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 U.S.C. § 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under section 190.211. If you do not respond within 30 days\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your plans\nor procedures are found inadequate as alleged in this Notice, you may be ordered to amend your\nplans or procedures to correct the inadequacies (49 CFR § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that Kinder Morgan Liquid Terminals, LLC maintain documentation\nof the safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Robert Burrough, Director,\nEastern Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\n\n\n\nconcerning this matter, please refer to CPF 1-2025-022-NOA and, for each document you submit,\nplease provide a copy in electronic format whenever possible.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n\n12025022NOA_Closure Letter_07012025_(24-295891)_text.pdf\n\nVIA ELECTRONIC MAIL TO: joshua etzel@kindermorgan.com\nJuly 1, 2025\nJoshua Etzel\nVP Operations and Engineering\nKinder Morgan Liquid Terminals, LLC\n78 Lafayette Street\nCarteret, New Jersey 07008\nCPF 1-2025-022-NOA\nDear Mr. Etzel:\nFrom April 1, 2024 through July 22, 2024, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected Kinder Morgan Liquid Terminals, LLC’s (Kinder Morgan) breakout tank procedures.\nAs a result of the inspection, Kinder Morgan was issued a Notice of Amendment on May 21, 2025,\nrequiring Kinder Morgan to amend certain aspects of its procedures.\nOn June 19, 2025, Kinder Morgan submitted its amended procedures. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":7163}