# CENTRAL FLORIDA PIPELINE CORP — Warning Letter

- **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:** Not available
- **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.

Official case documents:

220206003W_Warning Letter_12092020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220206003W/220206003W_Warning%20Letter_12092020.pdf

220206003W_Warning Letter_12092020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220206003W/220206003W_Warning%20Letter_12092020_text.pdf

220206003W_Warning Letter_12092020_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
December 9, 2020
Mr. Wayne Simmons
Chief Operating Officer-Products Pipelines
Central Florida Pipeline Corp.
Kinder Morgan
1001 Louisiana St., Suite 1000
Houston, TX 77002
CPF 2-2020-6003W
Dear Mr. Simmons:
From July 15, 2019, through August 19, 2019, representatives of the Pipeline and Hazardous
Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter
601 of 49 United States Code (U.S.C.), inspected the Central Florida Pipeline Corporation (CFPL)
refined products pipeline from Tampa to Orlando, Florida. CFPL is a subsidiary of Kinder Morgan.
As a result of the inspection, it is alleged that CFPL has committed probable violations of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected
and the probable violations are:
1. §195.52 Immediate notice of certain accidents.
(a) Notice requirements. At the earliest practicable moment following discovery, of a
release of the hazardous liquid or carbon dioxide transported resulting in an event
described in § 195.50, but no later than one hour after confirmed discovery.
CFPL failed to comply with the regulation because it did not, at the earliest practicable moment
following discovery, of a release of the hazardous liquid or carbon dioxide transported
resulting in an event described in § 195.50, but no later than one hour after confirmed
discovery. § 195.2 defines “confirmed discovery” as “when it can be reasonably determined,



based on information available to the operator at the time a reportable event has occurred, even
if only based on a preliminary evaluation.”
PHMSA’s review revealed that on February 7, 2019, CFPL personnel preliminarily identified
a release of 270 gallons of jet fuel at CFPL’s Hemlock Pump Station in Tampa, Florida. CFPL
did not notify the NRC of the release until February 8, 2019 (NRC Incident Report #1237194).
2. §195.428 Overpressure safety devices and overfill protection systems.
(a) Except as provided in paragraph (b) of this section, each operator shall, at intervals
not exceeding 15 months, but at least once each calendar year, or in the case of pipelines
used to carry highly volatile liquids, at intervals not to exceed 71∕2 months, but at least
twice each calendar year, inspect and test each pressure limiting device, relief valve,
pressure regulator, or other item of pressure control equipment to determine that it is
functioning properly, is in good mechanical condition, and is adequate from the
standpoint of capacity and reliability of operation for the service in which it is used.
CFPL failed to comply with the regulation because it did not, at intervals not exceeding
15 months, but at least once each calendar year, inspect and test each pressure limiting device,
relief valve, pressure regulator, or other item of pressure control equipment to determine that
it is functioning properly, is in good mechanical condition, and is adequate from the standpoint
of capacity and reliability of operation for the service in which it is used.
During the inspection, PHMSA personnel reviewed records documenting CFPL’s inspection
of overpressure safety devices at its Hemlock Pump Station in Tampa, Florida. PHMSA’s
review revealed that CFPL inspected the pump station discharge, line pressure and suction
pressure control devices (transmitters) on July 18, 2017. The subsequent inspection of the same
devices occurred on October 30, 2018, exceeding the maximum 15-month interval by 12 days.
Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed
$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related
series of violations. For violation occurring on or after November 27, 2018 and before July 31,
2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum
penalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before
November 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a
maximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015,
the maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty
not to exceed $2,000,000 for a related series of violations. We have reviewed the circumstances
and supporting documents involved in this case, and have decided not to conduct additional
enforcement action or penalty assessment proceedings at this time. We advise you to correct the
items identified in this letter. Failure to do so will result in Central Florida Pipeline Corporation
being subject to additional enforcement action.
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No reply to this letter is required. If you choose to reply, in your correspondence please refer to
CPF 2-2020-6003W. Be advised that all material you submit in response to this enforcement
action is subject to being made publicly available. If you believe that any portion of your
responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the
complete original document you must provide a second copy of the document with the portions
you believe qualify for confidential treatment redacted and an explanation of why you believe the
redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).
Sincerely,
James A. Urisko
Director, Office of Pipeline Safety
PHMSA, Southern Region
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