{"operation":"document","citation":"CPF 12025031NOA","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":"2025-07-01","effective_on":null,"summary":"CLOSED notice of amendment citing 195.442(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025031noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025031noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025031noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12025031NOA","body":"Notice of Amendment involving KINDER MORGAN LIQUID TERMINALS, LLC. PHMSA's enforcement data identifies the cited regulation as 195.442(b). The case was opened on 2025-07-01 and is reported as closed as of 2025-10-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12025031NOA_Closure Letter_10062025_(24-296902).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025031NOA/12025031NOA_Closure%20Letter_10062025_(24-296902).pdf\n\n12025031NOA_Closure Letter_10062025_(24-296902)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025031NOA/12025031NOA_Closure%20Letter_10062025_(24-296902)_text.pdf\n\n12025031NOA_Notice of Amendment_07012025_(24-296902).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025031NOA/12025031NOA_Notice%20of%20Amendment_07012025_(24-296902).pdf\n\n12025031NOA_Notice of Amendment_07012025_(24-296902)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025031NOA/12025031NOA_Notice%20of%20Amendment_07012025_(24-296902)_text.pdf\n\n12025031NOA_Operator Response to Notice_07222025_(24-296902).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025031NOA/12025031NOA_Operator%20Response%20to%20Notice_07222025_(24-296902).pdf\n\n12025031NOA_Notice of Amendment_07012025_(24-296902)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: williamp brown@kindermorgan.com\nJuly 1, 2025\nMr. William Brown\nPresident, Chief Executive Officer\nKinder Morgan Liquid Terminals, LLC\n1001 Louisiana Street, Suite 100\nHouston, Texas 77002\nCPF 1-2025-031-NOA\nDear Mr. Brown:\nFrom August 27 through October 17, 2024, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) inspected Kinder Morgan Liquid Terminals, LLC’s (KMLT) procedures for maintenance\nand normal operations as part of an integrated inspection in Wilmington, North Carolina.\nAs a result of the inspection, PHMSA has identified the apparent inadequacy found within\nKMLT’s plans or procedures. The item inspected and the alleged inadequacy and proposed\nrevision is described below:\n1. § 195.442 Damage prevention program\n(a) . . . .\n(b) An operator may comply with any of the requirements of\nparagraph (c) of this section through participation in a public service\nprogram, such as a one-call system, but such participation does not\nrelieve the operator of the responsibility for compliance with this\nsection. However, an operator must perform the duties of paragraph\n(c)(3) of this section through participation in a one-call system, if that\none-call system is a qualified one-call system. In areas that are covered\nby more than one qualified one-call system, an operator need only join\none of the qualified one-call systems if there is a central telephone\nnumber for excavators to call for excavation activities, or if the one-call\n\n\n\nsystems in those areas communicate with one another. An operator’s\npipeline system must be covered by a qualified one-call system where\nthere is one in place. For the purpose of this section, a one-call system\nis considered a “qualified one-call system” if it meets the requirements\nof section (b)(1) or (b)(2) or this section.\nKMLT’s written procedural manual for operations, maintenance, and emergencies was inadequate\nto ensure safe operation of a pipeline facility in accordance with section 195.402(c)(3).\n1\nSpecifically, KMLT’s Terminals O&M Procedure T-O&M 204, Construction Near Company\nFacilities (10/09/24) (O&M Manual) failed to provide sufficient details on its process(es) that will\nfacilitate compliance with the requirements of section 195.442(b).\nDuring the inspection, PHMSA reviewed the portions of KMLT’s O&M Manual which address\nthe requirements of any construction activities that may encroach upon KMLT pipeline systems\nor facilities, in order to protect the public and its employees, and to prevent any damage to said\nsystems or facilities. Section 3.4 of the manual, regarding KMLT’s participation in state/provincial\none-call programs, stated in part that, where required, KMLT will participate in a qualified\nstate/provincial one-call system. However, the O&M Manual did not specify how KMLT would\nparticipate in areas that are covered by more than one qualified one-call system, as required by\nsection 195.442(b). KMLT also failed to stipulate what is considered a “qualified one-call system”\npursuant to the requirements of sections 195.442(b)(1) or 195.442(b)(2). According to the O&M\nManual, Attachment 4 – One Call Center Phone Numbers, the state of California is covered by\ntwo (2) one-call systems, USA North 811 and Dig Alert. However, the O&M Manual did not\nspecify whether KMLT participated in one or both systems and if so, what areas each system\ncovered within the state of California. KMLT’s described procedure lacked sufficient details to\nadequately meet the requirements of section 195.442(b).\nTherefore, KMLT’s written procedural manual for operations, maintenance, and emergencies was\ninadequate to ensure safe operation of a pipeline facility in accordance with section 195.402(c)(3).\nPHMSA proposed that KMLT must revise its procedures to address the above inadequacy.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 CFR § 190.206. Enclosed as part\nof this Notice is a document entitled Response Options for Pipeline Operators in Enforcement\nProceedings.\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\n1 § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this section must include\nprocedures for the following to provide safety during maintenance and normal operations:\n(1) . . . .\n(3) Operating, maintaining, and repairing the pipeline system in accordance with each of the requirements of this\nsubpart and subpart H of this part.\n\n\n\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\nconcerning this matter, please refer to CPF 1-2025-031-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\n12025031NOA_Closure Letter_10062025_(24-296902)_text.pdf\n\nVIA ELECTRONIC MAIL TO: williamp brown@kindermorgan.com\nOctober 6, 2025\nMr. William Brown\nPresident, Chief Executive Officer\nKinder Morgan Liquid Terminals, LLC\n1001 Louisiana Street, Suite 100\nHouston, Texas 77002\nRE: CPF 1-2025-031-NOA\nDear Mr. Brown:\nFrom August 27 through October 17, 2024, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Kinder Morgan Liquid Terminals, LLC’s (KMLT) procedures for maintenance and\nnormal operations as part of an integrated inspection in Wilmington, North Carolina. As a result\nof the inspection, PHMSA issued a Notice of Amendment on July 1, 2025, which proposed\namendments to KMLT’s procedures.\nKMLT submitted its response to the Notice of Amendment on July 22, 2025. My staff reviewed\nthe response and determined that no further action is necessary.\nThis case is now closed. Thank you for your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":9291}