{"operation":"document","citation":"CPF 320075008M","title":"CYPRESS INTERSTATE PIPELINE LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-03-07","effective_on":null,"summary":"CLOSED notice of amendment citing 195.214(a), 195.234(b)(1), 195.432(b), 195.432(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075008m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075008m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075008m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320075008M","body":"Notice of Amendment involving CYPRESS INTERSTATE PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 195.214(a),  195.234(b)(1),  195.432(b),  195.432(c). The case was opened on 2007-03-07 and is reported as closed as of 2008-08-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320075008M_Notice of Amendment_03072007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075008M/320075008M_Notice%20of%20Amendment_03072007.pdf\n\n320075008M_operator_response_to_NOA_and_request_for_time_extension_04122007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075008M/320075008M_operator_response_to_NOA_and_request_for_time_extension_04122007.pdf\n\n320075008M_Notice of Amendment_03072007.pdf\n\n@\nU.S. Deportment\nof Tronsporlotion\nPipellne ond\nHqzordous moterialt sqfety\nAdmlnlsrotion\n901 Locust Streel, Suite t+62\nKansas City, MO 64106-2641\nNOTICE OI'AMENDMENT\nCERTIF'IED MAIL - RETURN RECEIPT REOUESTED\nMarch7,2007\nMr. Ron McClain\nVice President Operations\nKinder Morgan Energy Partners, L.P.\n500 Dallas Street, Suite 1000\nHouston. TX77002\ncPF',3-2007-5008M\nDear Mr. McClain:\non April 4-8, April 11-15, April 25-29, andMay 9-13, 2005, a representative of the pipeline\nand Hazardous Materials Safety Adminishation (PHMSA) pursuant to Chapter 601 of 49\nUnited States Code inspected Kinder Morgan Energy Parhrers, L.P. procedures for operation\nand maintenance in field locations in Itlinois, Iowa, Kansas, Missouri, Indiana, and Nebraska.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nKinder Morgan Energy Partners, L.P.'s plans or procedures, as described below:\n1. $195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies.\n$195.a02(c) indicates that the manual required by paragraph (a) of this section must\ninclude procedures for the following to provide safety during maintenance and\nnormal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\nReview of the operation and Maintenance (o&M) manual found that the following\nrequirements were not adequately covered in the manual or needed to be expanded to\n\n\n\nprovide additional guidance to your personnel. Items (a) through (d) are required to be\nincluded in the manual by g195.a02(c)(3).\n(a)\n(b)\n(c)\ns195.432 Breakout tanks. (b) Each operator shall inspect fhe physical\nintegrity of in-service atmospheric and low-pressure steel abovegiound\nbreakout tanks according to section 4 of ApI standard 653. However, if\nstructural conditions prevent access to the tank bottom, the bottom integrity\nmay he assessed according to a plan included in the operations and\nmaintenance manual under 9195.402(c)(3).\nKinder Morgan's procedures do not provide for the requirement to inspect low-\npressure steel aboveground breakout tanks according to section 4 ofApl standard\n653 in its operations and Maintenance Manual. These procedures do not provide a\ndescription of how each element required by ApI 653 is to be accomplished or\nprovide for fulI documentation of the inspections.\ns195.432 Breakout tanks. (c) Each operator shall inspect the physical\nintegrity of in-service steel aboveground breakout tanks buitt to Apr\nStandard 2510 according to section 6 ofApI 510.\nKinder Morgan's procedures do not provide for the requirement to inspect high-\npressure ASME pressure vessels which are steel aboveground breakout tanks\naccording to section 6 of API 510 in its operations and Maintenance Manual.\nThese procedures do not provide a description ofhow each element required by\nAPI 510 is to be accomplished or provide for fi.rll documentation of the\ninspections.\n$195.214 welding Procedures (a) welding must be performed by a qualified\nwelder in accordance with welding procedures qualified under Section s of\nAPI 1104 or Section rX of the ASME Boiler and pressure vessel code. The\nquality of the test welds used to qualify the welding procedure shall be\ndetermined by destructive testing.\nKinder Morgan has not qualifred welding procedure ES-g405 for use on Grade A\nthrough X-65 materials in accordance with section 5 of ApI I104. weldine\nProcedure ES-8405 states it is applicable lor all materials from Grade A through\nX70. Kinder Morgan lacks welding procedure qualifrcation tests of Welding\nProcedure ES-8405 for specified minimum yield strength less than or equal to\n42,000 psi, for specified minimum yield strength greater than 42,000 psi but less\nthan 65,000 psi, and for the specified minimum yield strength equal to 65,000 psi\n(See API 1104 Section 5.4.2.2). Kinder Morgan's coupon Test Reports (l l-5p-\n70+,5117195 and l3-5P-70+,8/24/93) only qualify Welding procedure ES-g405\nfor use on X70 materials; additional qualifications tests are required for materials\nother than the X70 listed in this procedure.\n\n\n\n(d) $195.234 Nondestructive testing. (b) Any nondestructive testing of welds\nmust be performed:\n(1) In accordance with a written set of procedures for nondestructive\n. testing;\nKinder Morgan's NDT procedures did not include written procedures for\nultrasonic or magnetic particle testing of welds.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. g 60108(a) and 49 C.F.R. $ 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation ofwhy you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without fuither notice to you and to issue a Final Order.\nIf, after opporhmity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the inadequacies\n(49 C.F.R. $ 190.237). If you are not contesting this Notice, we propose that you submit your\namended procedures to my office within 30 days of receipt of this Notice. This period may be\nextended by written request for good cause. Once the inadequacies identified herein have\nbeen addressed in your amended procedures, this enforcement action will be closed.\nIn correspondence concerning this matter, please refer to CPX'3-2007-5008M and, for each\ndocument you submit, please provide a copy in elechonic format whenever possible.\nSincerelv.\nft -,/j\n,t/s#ryfr#ee- /ffivan A. Huntoon\nfl' Director, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operatrtrs in Compliance Proceedings\n\n\n\n. Response Options for Pipeline Operators in Compliance Proceedings\nThe requirements of +fC.p.R. Paxt 190, Subpart B ($$ 190.201 -190.237) govem response to\nNotices issued by a Regional Director, Pipeline and Hazardous Materials Safe/y Administration\n(PHMSA).\nI. Brocedures for Rerpondine to a NOTICE OF PROBABLE VIOLATION:\nWithin 30 days of receip of a Notice of Probable Violation, the respondent shall respond\nto the Regional Director who issued the Notice in the following way:\na. When the Notice contains a proposed CIVIL PENALTY* -\nl. Pay the proposed civil penalty and advise the Regional Director of the\npa)'rnent. This authorizes PHMSA to make findings and to close the case\nwith prejudice to the respondent. Payment terms are outlined below;\n2. Submit written explanations, information, or other materials in response to\nthe allegations and/or seek eliminati<in or mitigation of the proposed civil\npenalty. Refer to 49 C.F.R. $ 190.225 for assessment considerations,\nwhich include the respondent's ability to pay and the effect on the\nrespondent's ability to stay in business, upon which civil penalties are\nbased; or\n3. Request a hearing as described below to contest the allegations and/or\nproposed assessment ofa civil p€nalty.\nb. WhentheNotice contains apropossd COMPLfANCE ORDER* -\nl.\nNotiS the Regional Director that you intend to take the steps in the\nproposed compliance order;\n2.\nSubmit witten explanations, infonnation, or other materials in answer to\nthe allegations in the Notice and object to or seek clarification of the\nproposed compliance order items in whole or in part; or\na\nRequest a hearing as described below to contest the allegations and/or\nproposed compliance order items;\nWhen the Notice contains a WARNING ITEM -\nNo written response is required. The respondent is warned that if it does not\ntake appropriate action to correct these items, enforcement action will be\ntaken ifa subsequent inspection reveals a violation.\n1of5\n\n\n\nII.\nIV.\n* Failure of the respondent to respond to the Notice within 30 days of receipt\nconstitutes a waiver of the right to contest the allegations in the Notice and authorizes\nthe Associate Administrator for Pipeline Safety to find facts as alleged in the Notice\nwithout further notice to the respondent and to issue a Final Order.\n,,\nProcedures for Respondine to a NOTICE OF AMENDMENT*--\nWithin 30 days of receip of a Notice of Amendment, the respondent shall respond to the\nRegional Director who issued the Notice in the following way:\na. Notiff the Regional Director of your plans to address the inadequacies\nidentified in the Notice:\nb.\nSubmit written explanations, information, or other materials in answer to the\nallegations in the Notice and/or object to or seek clarification of the proposed\namendment items in whole or in parfi or\nRequest a hearing as described below to contest the allegations in the Notice.\n* Failwe of the respondent to respond to the Notice within 30 days of receipt\nconstitutes a waiver of the right to contest the allegations in the Notice and authorizes\nthe Associate Adminishator for Pipeline Safety to find facts as alleged in the Notice\nwithout further notice to the respondent and to issue a Final Order.\nProcedure for Requesting a Hearing\nA request for a hearing must be in writing and accompanied by a statement of the issues\nwhich the respondent intends to raise at the hearing. The issues may relate to the\nallegations, new information, or to the proposed compliance order or proposed civil\npenalty amount. Refer to 49 C.F.R. $ 190.225 for assessrhent considerations upon which\ncivil penalties are based. A respondent's failure to specifr an issue may result in waiver\nofthe right to raise that issue at the hearing. The respondent's request must also indicate\nwhether or not respondent will be represented by counsel at the hearing. Failure to\nrequest a hearing in writing within 30 days of receipt of a Notioe waives the right to a\nhearing. In addition, if the amount of the proposed civil penalty or the proposed\ncorrective action is less than $10,000, the hearing will be held by telephone, unless the\nrespondent submits a written request for an in-person hearing. Complete hearing\nprocedures can be found at 49 C.F.R. $ 190.21 1 .\nExtensions of Time\nAn extension of time to preparc an appropriate response to a Notice may be granted, at\nthe agency's discretion, following submittal of a written request to the Regional Director.\nThe request must indicate the amount of time needed and the reasons for the extension.\nThe request must be submitted within 30 days of receipt of the Notice.\n2of5\n\n\n\nV. tr'reedom of Information Act\nAny material prepared by PHMSA, including the violation report the Notice, and any\norder issued in this case, and any material provided to PHMSA by the respondent, may\nbe considered public information and subject to disclosure under the Freedom of\nInformation Act (FOIA). If the information you provide is security serisitive, privileged,\nconfidential or may cause your company competitive disadvantages, please clearly\nidentify the material and provide justification why the documents, or portions of a\ndocument should not be released under FOIA. If we re ceive a request for your material,\nwe will notifr you if PHMSA, after reviewing the materials and your provided\njustification, determines that wittrholding the materials does not meet any exemption\nprovided under the FOIA, You may appeal the agency's decision to release material\nunder the FOIA at that time. Your appeal will stay the release of those materials until a\nfinal decision is made.\nSmall Business Regulatorv Enforcement X'airness Act Information\nThe Small Business and Agricirltural Regulatory Enforcement Ombudsman and l0\nRegional Faimess Boards were established to receive comments from small businesses\nabout federal agency enforcement actions. The Onibudsman will annually evaluate the\nenforcement activities and rate each agency's responsiveness to small business. Ifyou\nwish to comment on the enforcement a.ctions of the Pipeline and Hazardous Materials\nSafety Administrafion, call l-888-REG-FAIR (1-888-734-3247) or go to\nhttp ://www. sba. gov/ombudsman/dsp_faq. html.\n3 of5\n\n\n\nVII. PAYMENTINSTRUCTIONS\n:\nCivil Penulty Paymen$ of Less Than $10,000\nPayment ofa civil penalty ofless than $10,000 proposed or assessedo under Subpart B ofPart\n190 of the Pipeline Safety Regulations can be made by certified check, money order or wire\ntransfer. Payment by certified check or money order (containing the CPF Number for this case)\nshould be made payable to the \"Department of rransportation\" and should be sent to:\nFederal Aviation Administration\nMike Monroney Aeronautical Center\nFinancial Operations Division (AMZ-300) P.O. Box 25082\nOklahoma City, OK 7 3 125 -49 | 5\nWire hansfer payments of less than $ I 0,000 may be made through the Federal Reserve\nCommunications System (Fedwire) to the account of the U.S. Treasury. Detailed instructions are\nprovided below. Questions conceming wire transfer should be directed to the Financial\nOperations Division at (405) 954-8893, or at the above address.\nCivil Penally Payments of $10,000 or more\nPayment ofa civil penalty of$10,000 or more proposed or assessed under Subpart B ofPart 190\nof the Pipeline Safety Regulations must be made wire transfer (49 C,F.R g 89.21 (bX3),\nthrough the Federal Reserve Communications System @edwire) to the account of the U.S.\nTreasury. Detailed instructions are provided below. Questions conceming wire transfers should\nbe directed to the Financial Operations Division at (405) 954-8893, or at the above address.\nINSTRUCTIONS X'OR ELECTRONIC T'UND TRANSF'ERS\n(I) RECETVERABANO.\n021030004\n(2) TYPE/Sr.JB-TYPE\n(Provided by sending bank)\n(3) SENpTNGBANKABANO.\n(Provided by sending bank) (4) SENpTNG BANK REF NO.\n@rovided by sending bank)\n(5)AMOTJNT (6) SENDINGBANKNAME\n(Provided by sending bank)\n(7) RECEIVERNAME\nTREASNYC\n(8) PROpUCT COpE\n(Normally CTR, or as provided by sending\nbank)\n(9) BENEFICIAL GNF) = AGENCY\nLOCATION CODE\nBNF: /ALC-69-14-0001\n(r 0) REASONS FOR PAYMENT\nExample: PHMSA - CPF # / Ticket\nNumber/?ipeline Assessment number\n4 of5\n\n\n\nINSTRUCTIONS: You as sender of the wire transfer, must provide the sending bank with the\ninformation for blocks (l), (5), (7), (9), and (10). The information provided in Blocks (l), (7),\nand (9) are constant an&remain the same for all wire transfers to the Pipeline and Hazardous\nMaterials Safety Administration, Departrnent of Transportation. /:\nBlock #1 - RECEIVER ABA NO. - \"021030004\". Ensure the sending bank enters this 9-digit\nidentification number; it represents the routing symbol for the U.S. Treasury at the Federal\nReserve Bank inNew York.\nBlock #5 - AMOUNT - You as the sender provide the amount of the transfer. Please be sure the\ntransfer amount is pwrctuated with commas and a decimal point. EXAMPLE: $10.000.00\nBlock #7 - RECEIVER NAME - *TREAS NYC\". Ensure the sending bank enters this\nabbreviation. It must be used for all wire transfers to the Treasury Departrnent.\nBlock#9 - BENEFICIAL - AGENCY LOCATION CODE - \"BNX':/ALC-69-14-0001\". Ensure\nthe sending bank enters this information. This is the Agency Location Code for the Pipeline and\nHazardous Materials Safety Administration, Departrnent of Transportation.\nBlock #10 - REASON FOR PAYMENT - \"AC-payment ior PHMS A Case # | To ensure your\nwire transfer is oredited. properly, enter the oase number/tioket number or Pipeline Assessment number,\nand oountr5i.\"\nNOTE: A wire hansfer must comply with the format and instructions or the Department cannot\naccept the wire transfer. You as the lender can assist this process by notifying the Financial\nOperations Division (405) 954-8893 at the time you send the wire transfer.\nNovember 2006\nfor)","truncated":false,"body_characters":17245}