{"operation":"document","citation":"CPF 22025002WL","title":"EL PASO NATURAL GAS CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2025-07-15","effective_on":null,"summary":"CLOSED warning letter citing 192.5(a)(1), 192.5(b)(1), 192.5(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-22025002wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-22025002wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-22025002wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/22025002WL","body":"Warning Letter involving EL PASO NATURAL GAS CO. PHMSA's enforcement data identifies the cited regulations as 192.5(a)(1),  192.5(b)(1),  192.5(b)(2). The case was opened on 2025-07-15 and is reported as closed as of 2025-07-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n22025002WL_Warning Letter_07152025_(23-266055).pdf: https://primis.phmsa.dot.gov/enforcement-documents/22025002WL/22025002WL_Warning%20Letter_07152025_(23-266055).pdf\n\n22025002WL_Warning Letter_07152025_(23-266055)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/22025002WL/22025002WL_Warning%20Letter_07152025_(23-266055)_text.pdf\n\n22025002WL_Warning Letter_07152025_(23-266055)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIG MAIL TO: Steven Romano@kindermorgan.com;\nTom Otjen@kindermorgan.com; Zach Ragain@kindermorgan.com\nJuly 15, 2025\nSteven Romano\nChief Operating Officer\nEl Paso Natural Gas Co.\n1001 Louisiana St.\nSuite 1000\nHouston, TX 77002\nCPF 2-2025-002-WL\nDear Mr. Romano:\nFrom February 21, 2023 to October 20, 2023, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to\nChapter 601 of 49 United States Code (U.S.C.), inspected El Paso Natural Gas Company,\nL.L.C. (EPNG) procedures, records, and facilities in Oklahoma, Texas, New Mexico,\nColorado, and Arizona.1\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items\ninspected and the probable violations are:\n1. § 192.5 Class Locations.\n1 El Paso Natural Gas Company, L.L.C., is a subsidiary of Kinder Morgan. See\nhttps://pipeportal.kindermorgan.com/portalui/DefaultKM.aspx?TSP=EPGD (last accessed June 2, 2025).\n\n\n\n(a) This section classifies pipeline locations for purposes of this part. The following\ncriteria apply to classifications under this section.\n(1) A “class location unit” is an onshore area that extends 220 yards (200 meters)\non either side of the centerline of any continuous 1- mile (1.6 kilometers) length of\npipeline.\n(2)….\n(b) Except as provided in paragraph (c) of this section, pipeline locations are\nclassified as follows:\n(1) A Class 1 location is:\n(i) An offshore area; or\n(ii) Any class location unit that has 10 or fewer buildings intended for human\noccupancy.\n(2) A Class 2 location is any class location unit that has more than 10 but fewer\nthan 46 buildings intended for human occupancy.\nEPNG failed to comply with 49 CFR § 192.5(b)(2) because it did not properly identify\ncertain Class 2 locations.\nAt the time of PHMSA's inspection, EPNG presented its current class locations graphically\nthrough Kinder Morgan’s GeoMap software. Two locations, one just west of Amarillo,\nTexas, and the other just west of Flagstaff, Arizona, were classified as Class 1 locations in\nthe GeoMap software. However, each of these locations met the definition of a Class 2\nlocation.\nEach location consisted of a main line with a branch line extending laterally from the main\nline. Each main line was listed as a Class 1 location, while the branch line was listed as a\nClass 2 location. In each location, buildings intended for human occupancy (BIHOs) were\nlocated within 220 yards of the centerline on the mainline and branch line such that more\nthan 10 BIHOs were contained within the class location unit extending from the main line\nto the branch line. The transition from the main to the branch line is a continuous length of\npipeline under § 192.5(a)(1).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$272,926 per violation per day the violation persists, up to a maximum of $2,729,245 for a\nrelated series of violations. For violation occurring on or after December 28, 2023 and before\nDecember 30, 2024, the maximum penalty may not exceed $266,015 per violation per day the\nviolation persists, up to a maximum of $2,660,135 for a related series of violations. For violation\noccurring on or after January 6, 2023 and before December 28, 2023, the maximum penalty may\nnot exceed $257,664 per violation per day the violation persists, up to a maximum of $2,576,627\nfor a related series of violations. For violation occurring on or after March 21, 2022 and before\nJanuary 6, 2023, the maximum penalty may not exceed $239,142 per violation per day the\n\n\n\nviolation persists, up to a maximum of $2,391,142 for a related series of violations. For violation\noccurring on or after May 3, 2021 and before March 21, 2022, the maximum penalty may not\nexceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for\na related series of violations. For violation occurring on or after January 11, 2021 and before\nMay 3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation\npersists, up to a maximum of $2,225,034 for a related series of violations. For violation\noccurring on or after July 31, 2019 and before January 11, 2021, the maximum penalty may not\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for\na related series of violations.\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 items identified in this letter. Failure to do so will result in\nEPNG 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 2-2025-002-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\nthe redacted 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":6341}