{"operation":"document","citation":"CPF 22023021WL","title":"TENNESSEE GAS PIPELINE COMPANY — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-12-21","effective_on":null,"summary":"CLOSED warning letter citing 192.459, 192.616(d), 192.705(a), 192.706(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-22023021wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-22023021wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-22023021wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/22023021WL","body":"Warning Letter involving TENNESSEE GAS PIPELINE COMPANY. PHMSA's enforcement data identifies the cited regulations as 192.459,  192.616(d),  192.705(a),  192.706(a). The case was opened on 2023-12-21 and is reported as closed as of 2023-12-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n22023021WL_Warning Letter_12212023_(22-237861).pdf: https://primis.phmsa.dot.gov/enforcement-documents/22023021WL/22023021WL_Warning%20Letter_12212023_(22-237861).pdf\n\n22023021WL_Warning Letter_12212023_(22-237861)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/22023021WL/22023021WL_Warning%20Letter_12212023_(22-237861)_text.pdf\n\n22023021WL_Warning Letter_12212023_(22-237861)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: Kenneth grubb@kindermorgan.com;\nmartin muller@kindermorgan.com\nHollandJ@kindermorgan.com; Tom Martin@kindermorgan.com\nDecember 21, 2023\nMr. Kenneth Grubb\nChief Operating Officer\nTennessee Gas Pipeline Company, LLC\n1001 Louisiana Street, Suite 1000\nHouston, Texas 77002\nCPF 2-2023-021-WL\nDear Mr. Grubb:\nFrom March 20, 2023, to March 24, 2023, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\ninspected Tennessee Gas Pipeline, LLC (TGP) written procedures, records, and facilities in Texas.\nTGP is a subsidiary of Kinder Morgan.\nAs a result of the inspection, it is alleged that TGP 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. §192.616 Public awareness.\n(a) …\n(d) The operator's program must specifically include provisions to educate the public,\nappropriate government organizations, and persons engaged in excavation related\nactivities on:\n\n\n\n2. 3. (1) Use of a one-call notification system prior to excavation and other damage\nprevention activities;\n(2) Possible hazards associated with unintended releases from a gas pipeline facility;\n(3) Physical indications that such a release may have occurred;\n(4) Steps that should be taken for public safety in the event of a gas pipeline release;\nand\n(5) Procedures for reporting such an event.\nTGP did not meet the requirements of the regulation because it failed to take provisions to\neducate the public in a trailer/mobile home park area located in Edinburg, Texas. No records\nwere provided showing mail to a mailable address located within the parcel of the\ntrailer/mobile home park. The following areas within the trailer/mobile home park were\naffected; Daniec St., Midnight St., Gypsy St., Visha St., Adam Stefan St., Kay St., Marisol Dr.,\nZeus St., and Carmen Avila Rd.\nTGP stated that the trailer/mobile home park area does not have a specific mailable address\nwith the United States Postal Service (USPS). As an alternative, TGP mailed public awareness\nmaterial to PO Box 2604, Edinburg, TX, an address associated with the owner of the parcel\nThere was no indication this mail reached those within the trailer/mobile home park.\n§ 192.705 Transmission lines: Patrolling.\n(a) Each operator shall have a patrol program to observe surface conditions on and\nadjacent to the transmission line right-of-way for indications of leaks, construction\nactivity, and other factors affecting safety and operation.\nTGP did not meet the requirements of the regulation because it did not maintain its right-of-\nway (ROW) to allow for adequate patrol.\nTGP uses aerial patrolling to satisfy the patrol requirements of the above-referenced code, yet\nit failed to maintain its right-of-way (ROW) sufficiently to allow observation of surface\nconditions by aerial patrolling. PHMSA inspectors identified an area along the ROW that was\nbeing used as a junkyard/wrecking yard. The identified conditions were present along the\nROW parallel to Carmen Avila Rd. downstream of Edinburg 409 Compressor Station. The\npresence of debris hindered observation of the surface from aerial patrolling above. It is\nimportant to note that this pipeline segment is located within a Special Permit area. Special\nPermit (SP) PHMSA-2016-0004. Condition 13 of the SP requires aerial flyover patrols or\nground patrols of a special permit segment right-of-way once each month, not to exceed 45\ndays.\n§192.459 External corrosion control: Examination of buried pipeline when exposed.\nWhenever an operator has knowledge that any portion of a buried pipeline is exposed,\nthe exposed portion must be examined for evidence of external corrosion if the pipe is\nbare, or if the coating is deteriorated. If external corrosion requiring remedial action\nunder §§192.483 through 192.489 is found, the operator shall investigate\ncircumferentially and longitudinally beyond the exposed portion (by visual examination,\n\n\n\n4. indirect method, or both) to determine whether additional corrosion requiring remedial\naction exists in the vicinity of the exposed portion.\nTGP did not meet the requirements of the regulation because it did not maintain a record\nrequired by this subpart in sufficient detail to demonstrate the adequacy of corrosion control\nmeasures or that a corrosive condition did not exist.\nDuring PHMSA’s inspection, an exposed pipe was observed on Line 100-1 (Section 14 Lange\nProp) upstream of Valve Site 14. Records reviewed during the inspection demonstrate that TGP\ndid not sufficiently document the condition of the exposed pipe with respect to corrosion or\ncoating deterioration.\n§ 192.706 Transmission lines – Leakage Surveys.\nLeakage surveys of a transmission line must be conducted at intervals not exceeding 15\nmonths, but at least once each calendar year. However, in the case of a transmission line\nwhich transports gas in conformity with § 192.625 without an odor or odorant, leakage\nsurveys using leak detector equipment must be conducted—\n(a) In Class 3 locations, at intervals not exceeding 7 1/2 months, but at least twice each\ncalendar year;\nTGP did not meet the requirements of the regulation because it did not conduct at intervals not\nexceeding 15 months, but at least once each calendar year, a leakage survey on a transmission\nline which transports gas in conformity with § 192.625 without an odor or odorant.\nSpecifically, TGP used a device not suited for leak detection on a gas transmission pipeline.\nPHMSA’s review of leak survey patrolling records for the years 2021 and 2022 reveal that\nTGP used an instrument unsuited for leak detection on the ROW. TGP documented that a RKI\nGX-2009 MSHA Portable Gas Monitor was utilized for leak surveys on Lines 100-1 and 100-\n3, at District 302 New Caney, Texas, a non-odorized Class 3 location. Per manufacturer\ndocumentation, the referenced device is intended for personal safety and is not an acceptable\nleak detector equipment for performing leakage surveys in accordance with § 192.706(a).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related\nseries of violations. For violation occurring on or after March 21, 2022, and before January 6,\n2023, the maximum penalty may not exceed $239,142 per violation per day the violation persists,\nup to a maximum of $2,391,142 for a related series of violations. For violation occurring on or\nafter May 3, 2021, and before March 21, 2022, the maximum penalty may not exceed $225,134\nper violation per day the violation persists, up to a maximum of $2,251,334 for a related series of\nviolations. For violation occurring on or after January 11, 2021, and before May 3, 2021, the\nmaximum penalty may not exceed $222,504 per violation per day the violation persists, up to a\nmaximum of $2,225,034 for a related series of violations. For violation occurring on or after July\n31, 2019, and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations. For violation occurring on or after November 27, 2018, and before July 31, 2019, the\nmaximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to\nexceed $2,132,679. For violation occurring on or after November 2, 2015, and before November\n\n\n\n27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item identified in this letter. Failure to do so will result in\nTennessee Gas Pipeline Company, LLC, being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 2-2023-021-WL. 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, Southern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":9602}