{"operation":"document","citation":"CPF 320075020","title":"CYPRESS INTERSTATE PIPELINE LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-07-02","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.583(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075020.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075020.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075020","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320075020","body":"Notice of Probable Violation involving CYPRESS INTERSTATE PIPELINE LLC. PHMSA's enforcement data identifies the cited regulation as 195.583(b). The case was opened on 2007-07-02 and is reported as closed as of 2009-12-23. Proposed civil penalty: $133,000. Assessed civil penalty: $133,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320075020_Final Order_12232009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075020/320075020_Final%20Order_12232009.pdf\n\n320075020_Final Order_12232009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075020/320075020_Final%20Order_12232009_text.pdf\n\n320075020_notice letter_07022007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075020/320075020_notice%20letter_07022007.pdf\n\n320075020_notice letter_07022007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075020/320075020_notice%20letter_07022007_text.pdf\n\n320075020_Operator Response_08022007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075020/320075020_Operator%20Response_08022007.pdf\n\n320075020_Final Order_12232009_text.pdf\n\nDEC 23 2009\nMr. Dwayne M. Burton\nVice President\nGas Pipeline Operations and Engineering\nKinder Morgan Energy Partners, L.P.\nOne Allen Center\n500 Dallas Street, Suite 1000\nHouston, TX 77002\nRe: CPF No. 3-2007-5020\nDear Mr. Burton:\nEnclosed is the Final Order issued in the above-referenced case. It makes a finding of\nviolation and assesses a civil penalty of $133,000. I acknowledge receipt of your wire transfer of\n$133,000 on August 2, 2007, and accept it as payment in full of the civil penalty assessed herein.\nThis case is now closed. Your receipt of the Final Order constitutes service of that document\nunder 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Ivan Huntoon, Director, Central Region, PHMSA\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 0390 0005 6162 5240]\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\n____________________________________\n)\nIn the Matter of )\n)\nKinder Morgan Energy Partners, L.P., ) CPF No. 3-2007-5020\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn July 2, 2007, in accordance with 49 C.F.R. § 190.207, the Director, Central Region, Pipeline\nand Hazardous Materials Safety Administration (PHMSA), issued to Respondent a Notice of\nProbable Violation and Proposed Civil Penalty (Notice) following an investigation of the August\n12, 2006 failure involving Kinder Morgan’s (Kinder Morgan or Respondent) 8” Pipeline 106W.\nThe failure occurred at an above-ground crossing of the Des Plaines River near Lemont, Will\nCounty, Illinois. Kinder Morgan is one of the largest pipeline transportation companies in North\nAmerica, with more than 37,000 miles of natural gas and hazardous liquid pipelines.\nThe Notice proposed finding that Respondent committed a violation of 49 C.F.R. Part 195 and\nassessing a civil penalty of $133,000 for the alleged violation. Respondent responded to the\nNotice by letter dated August 2, 2007. Respondent submitted a wire transfer in the amount of\nthe proposed civil penalty ($133,000), thereby waiving further rights to respond and authorizing\nthe entry of this Final Order.\nPursuant to 49 C.F.R. § 190.213 and 49 U.S.C. § 60122, I hereby find that Respondent violated\nthe following section of 49 C.F.R. Part 195, as more fully described in the Notice:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.583(b),\nwhich states:\n§ 195.583 What must I do to monitor atmospheric corrosion control?\n(a) ….\n(b) During inspections you must give particular attention to pipe\nat soil-to-air interfaces, under thermal insulation, under disbonded\ncoatings, at pipe supports, in splash zones, at deck penetrations, and in\nspans over water.\n\n\n\n2\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.583(b) by failing, during the\ncompany’s regular inspections for atmospheric corrosion, to give particular attention to spans\nover water. Specifically, it alleged that Kinder Morgan failed to identify corrosion pitting\nrequiring repair during the March 7, 2006 atmospheric corrosion inspection at the pipe support\non the Des Plaines River bridge.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nAlthough Respondent submitted a wire transfer in the amount of the proposed penalty thereby\nwaiving its right to contest the Notice, the company still took issue with the amount of the\npenalty. It raised several questions regarding the criteria and data used by PHMSA to determine\nthe penalty amount. First, it argued that PHMSA neither objected to the company’s procedures\nfor assessing atmospheric corrosion nor cited it for failing to follow such procedures. Instead,\nPHMSA cited the company for failing to properly classify and correct the corrosion that had\nbeen discovered during a routine inspection. Second, Respondent contended that Kinder\nMorgan’s North System, where the failure occurred, had only been cited for one prior safety\nviolation within the last five years. Third, it argued that while there was a release of product\n(i.e., 1,419 barrels of butane) as a result of the failure, there had been no ignition, personal injury,\nor property damage.\nI reject Respondent’s arguments that the penalty is excessive. On the contrary, the accident\ninvestigation and Violation Report make clear that Kinder Morgan’s own personnel failed in\nMarch 2006 to give particular attention to the corrosion discovered at the failure site and to\nproperly classify it in accordance with the company’s own procedures. The fact that Kinder\nMorgan suffered a failure at this same location six months later demonstrates the need for\noperators to pay particular attention to the presence of corrosion on bridges and other spans over\nwater. Accordingly, having reviewed the record and considered the assessment criteria, I assess\nRespondent a civil penalty of $133,000, which amount has already been paid.\nThe terms and conditions of this Final Order shall be effective upon receipt.\n___________________________________ ____________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n320075020_notice letter_07022007_text.pdf\n\nU. S. Department\nof Transportation\nt lpetine and\nHazardous Materials Safety\nAdministration\n901 Locust Street, Suite 462\nKansas City, MO 64106-2641\nNOTICE OF PROBABLE VIOLATION\nAND\nPROPOSED CIVIL PENALTY\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\nJuly 2, 2007\nMr. M. Dwayne Burton\nV. P. Gas Pipeline Operations and Engineering\nKinder Morgan Energy Partners, Inc.\n500 Dallas St. (One Allen Center)\nHouston, TX 77002\nCPF 3-2007-5020\nDear Mr. Burton:\nOn August 14, 2006, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, conducted an\ninvestigation of the August 12, 2006 failure involving the 8\" Pipeline 106W operated by\nKinder Morgan Energy Partners, L. P. (KMEP). The failure occurred in the pipeline as a\nrupture at a pipe support in an above-ground bridge crossing of the Des Plaines River near\nLemont in Will County, Illinois.\nAs a result of the investigation, it appears that you have committed a probable violation, as\nnoted below, of pipeline safety regulations Title 49, Code of Federal Regulations, Part 195.\nThe item investigated and the probable violation is:\n1. $195. 583 What must I do to monitor atmospheric corrosion?\n(b) During inspections you must give particular attention to pipe at soil-to-air\ninterfaces, under thermal insulation, under disbonded coatings, at pipe\nsupports, in splash zones, at deck penetrations, and in spans over water.\n\n\n\nKMEP did not identify corrosion pitting requiring repair on the pipeline that failed in the\nabove-ground bridge crossing of the Des Plaines River during its March 7, 2006 inspection\nfor atmospheric corrosion. Although the inspection of, this overhead span crossing was within\nthe inspection time-interval allowed by $195. 583, paragraph (b) of that section requires\npipeline operators to \"give particular attention to pipe. . . at pipe supports. . . and in spans over\nwater\" when inspecting for evidence of atmospheric corrosion.\nThe failure investigation included the collection and review of various records and\ninformation obtained from KMEP. The cause of the failure was localized general external\ncorrosion and severe pitting at the pipe support, specifically at the site of an 8\" long wear pad\ntack welded to the pipe in the 6 0'clock position. The remaining wall thickness along the\nwear pad was so thin that remaining pipe wall thickness measurements were not made. The\nfailure resulted in the release of 1, 419 barrels of butane into an HCA.\nThe March 7, 2006 inspection of the pipeline crossing had been erroneously graded \"fair\" by\nKMEP personnel using KMEP operations and maintenance procedures. In the paragraph\nentitled, \"Methodology\" on page 4 of 5 of Section III of KMEP's Atmospheric Corrosion\nProcedures, revised date of 12-21-04, the procedure states that:\n\"Each defined area should be graded according to the worst atmospheric condition(s) that\nexist(s) within a defined area. For example, severe-localized pitting on an isolated section of\npiping would be graded as poor atmospheric condition as defined by the grading scales listed\nbelow. While the remainder of the piping may be in good condition, the piping with the\nlocalized pitting serves as the \"weakest link\" or the point at which MOP could be\ncompromised if not mitigated by re-coating \".\nThe March 7, 2006 inspection by the operator graded the complete overhead span crossing the\nDes Plaines River as \"fair\". The section quoted &om KMEP's procedures, above, should\nhave led to a \"poor\" grading of the overhead crossing due to the portion of pipe at the pipe\nsupport with localized atmospheric corrosion and severe pitting being the \"weakest link\".\nPro s Civi Pen t\nUnder 49 United States Code, g 60122, you are subject to a civil penalty not to exceed\n$100, 000 for each violation for each day the violation persists up to a maximum of\n$1, 000, 000 for any related series of violations. The Compliance Of5cer has reviewed the\ncircumstances and supporting documents involved in this case and it is his recommendation\nthat you be preliminarily assessed a civil penalty as follows:\nItem ~PE ALA(\n$133, 000\n\n\n\nes o seto No 'ce\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline\nOperators in Compliance Proceedings. Please refer to this document and note the response\noptions. Be advised that all material you submit in response to this enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive\nmaterial qualifies for confidential treatment under 5 U. S. C. 552(b), along with the complete\noriginal document you must provide a second copy of the document with the portions you\nbelieve 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). If you do not\nrespond within 30 days of receipt of this Notice, this constitutes a waiver of your right to\ncontest the allegations in this Notice and authorizes the Associate Administrator for Pipeline\nSafety to find facts as alleged in this Notice without further notice to you and to issue a Final\nOrder.\nIn your correspondence on this matter, please refer to CPF 3-2007-5020 and for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nIvan A. Huntoon\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings","truncated":false,"body_characters":11990}