{"operation":"document","citation":"CPF 220206003W","title":"CENTRAL FLORIDA PIPELINE CORP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-12-09","effective_on":null,"summary":"CLOSED warning letter citing 195.428(a), 195.52(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220206003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220206003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220206003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220206003W","body":"Warning Letter involving CENTRAL FLORIDA PIPELINE CORP. PHMSA's enforcement data identifies the cited regulations as 195.428(a),  195.52(a). The case was opened on 2020-12-09 and is reported as closed as of 2020-12-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220206003W_Warning Letter_12092020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220206003W/220206003W_Warning%20Letter_12092020.pdf\n\n220206003W_Warning Letter_12092020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220206003W/220206003W_Warning%20Letter_12092020_text.pdf\n\n220206003W_Warning Letter_12092020_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 9, 2020\nMr. Wayne Simmons\nChief Operating Officer-Products Pipelines\nCentral Florida Pipeline Corp.\nKinder Morgan\n1001 Louisiana St., Suite 1000\nHouston, TX 77002\nCPF 2-2020-6003W\nDear Mr. Simmons:\nFrom July 15, 2019, through August 19, 2019, representatives 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.), inspected the Central Florida Pipeline Corporation (CFPL)\nrefined products pipeline from Tampa to Orlando, Florida. CFPL is a subsidiary of Kinder Morgan.\nAs a result of the inspection, it is alleged that CFPL has committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. §195.52 Immediate notice of certain accidents.\n(a) Notice requirements. At the earliest practicable moment following discovery, of a\nrelease of the hazardous liquid or carbon dioxide transported resulting in an event\ndescribed in § 195.50, but no later than one hour after confirmed discovery.\nCFPL failed to comply with the regulation because it did not, at the earliest practicable moment\nfollowing discovery, of a release of the hazardous liquid or carbon dioxide transported\nresulting in an event described in § 195.50, but no later than one hour after confirmed\ndiscovery. § 195.2 defines “confirmed discovery” as “when it can be reasonably determined,\n\n\n\nbased on information available to the operator at the time a reportable event has occurred, even\nif only based on a preliminary evaluation.”\nPHMSA’s review revealed that on February 7, 2019, CFPL personnel preliminarily identified\na release of 270 gallons of jet fuel at CFPL’s Hemlock Pump Station in Tampa, Florida. CFPL\ndid not notify the NRC of the release until February 8, 2019 (NRC Incident Report #1237194).\n2. §195.428 Overpressure safety devices and overfill protection systems.\n(a) Except as provided in paragraph (b) of this section, each operator shall, at intervals\nnot exceeding 15 months, but at least once each calendar year, or in the case of pipelines\nused to carry highly volatile liquids, at intervals not to exceed 71∕2 months, but at least\ntwice each calendar year, inspect and test each pressure limiting device, relief valve,\npressure regulator, or other item of pressure control equipment to determine that it is\nfunctioning properly, is in good mechanical condition, and is adequate from the\nstandpoint of capacity and reliability of operation for the service in which it is used.\nCFPL failed to comply with the regulation because it did not, at intervals not exceeding\n15 months, but at least once each calendar year, inspect and test each pressure limiting device,\nrelief valve, pressure regulator, or other item of pressure control equipment to determine that\nit is functioning properly, is in good mechanical condition, and is adequate from the standpoint\nof capacity and reliability of operation for the service in which it is used.\nDuring the inspection, PHMSA personnel reviewed records documenting CFPL’s inspection\nof overpressure safety devices at its Hemlock Pump Station in Tampa, Florida. PHMSA’s\nreview revealed that CFPL inspected the pump station discharge, line pressure and suction\npressure control devices (transmitters) on July 18, 2017. The subsequent inspection of the same\ndevices occurred on October 30, 2018, exceeding the maximum 15-month interval by 12 days.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related\nseries of violations. For violation occurring on or after November 27, 2018 and before July 31,\n2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum\npenalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before\nNovember 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a\nmaximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015,\nthe maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 for a related series of violations. We have reviewed the circumstances\nand supporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitems identified in this letter. Failure to do so will result in Central Florida Pipeline Corporation\nbeing subject to additional enforcement action.\n2\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 2-2020-6003W. 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 the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nJames A. Urisko\nDirector, Office of Pipeline Safety\nPHMSA, Southern Region\n3","truncated":false,"body_characters":6143}