{"operation":"document","citation":"CPF 320135027M","title":"PRODUCTS (SE) PIPE LINE CORPORATION — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-08-28","effective_on":null,"summary":"CLOSED notice of amendment citing 195.440(b), 195.440(c), 195.440(g), 195.440(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135027m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135027m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135027m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320135027M","body":"Notice of Amendment involving PRODUCTS (SE) PIPE LINE CORPORATION. PHMSA's enforcement data identifies the cited regulations as 195.440(b),  195.440(c),  195.440(g),  195.440(i). The case was opened on 2013-08-28 and is reported as closed as of 2015-12-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320135027M_Closure Letter_12162015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135027M/320135027M_Closure%20Letter_12162015.pdf\n\n320135027M_Closure Letter_12162015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135027M/320135027M_Closure%20Letter_12162015_text.pdf\n\n320135027M_Notice of Amendment_08282013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135027M/320135027M_Notice%20of%20Amendment_08282013.pdf\n\n320135027M_Notice of Amendment_08282013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135027M/320135027M_Notice%20of%20Amendment_08282013_text.pdf\n\n320135027M_Operator Response to Notice_11222013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135027M/320135027M_Operator%20Response%20to%20Notice_11222013.pdf\n\n320135027M_Closure Letter_12162015_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 16, 2015\nMr. Ronald G. McClain\nPresident, Products Pipelines\nKinder Morgan, Inc.\n1001 Louisiana Street, Suite 1000\nHouston, Texas 77002\nCPF 3-2013-5027M\nDear Mr. McClain:\nOn April 20-21, 2011, representatives from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an\non-site pipeline safety inspection of Kinder Morgan, Inc.’s (Kinder Morgan) procedures for\nPublic Awareness Program Effectiveness in Lakewood, Colorado. As a result of the\ninspection, Kinder Morgan was issued a Notice of Amendment on August 28, 2013, which\nproposed amendment of your procedures.\nKinder Morgan submitted its amended procedures on November 22, 2013. My staff\nreviewed the amended procedures, and it appears that the inadequacies outlined in this\nNotice of Amendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed.\nThank you for your cooperation.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n\n320135027M_Notice of Amendment_08282013_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 28, 2013\nMr. Wayne Simmons\nVice President Operations\nKinder Morgan Energy Partners\n1001 Louisiana Street, Suite 1000\nHouston, Texas 77002\nCPF 3-2013-5027M\nDear Mr. Simmons:\nOn April 20-21, 2011, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nKinder Morgan Energy Partners, L.P. (Kinder Morgan) procedures for Public Awareness\nProgram Effectiveness Evaluation in Lakewood, Colorado.\nOn the basis of these inspections, PHMSA has identified the apparent inadequacies found\nwithin the Kinder Morgan plans or procedures, as described below:\n1. § 195.440 Public awareness.\n(b) The operator's program must follow the general program\nrecommendations of API RP 1162 and assess the unique attributes and\ncharacteristics of the operator's pipeline and facilities.\nKinder Morgan’s procedures are inadequate because its Public Awareness Program does\nnot include a process for documenting the various types of hazardous liquids transported\nwithin the Kinder Morgan pipeline systems. Kinder Morgan must document the various\n\n\n\ntypes of hazardous liquids transported, determine the impact to the Public\nAwareness/Damage Prevention Program, and assure this information is communicated to\nall affected stakeholders.\nKinder Morgan’s procedures are also inadequate because its Public Awareness Program\nidentification of the Affected Public buffer does not address the effect of an HCA on a\nhazardous liquid pipeline.\n2. § 195.440 Public awareness.\n(c)The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why\ncompliance with all or certain provisions of the recommended practice is not\npracticable and not necessary for safety.\nKinder Morgan’s procedures are inadequate because its Public Awareness/Damage\nPrevention program is not documented in the Operations and Maintenance or Public\nAwareness/Damage Prevention manuals that address stakeholder feedback received by the\ncompany. Kinder Morgan must have a documented procedure to manage any stakeholder\nfeedback they receive. This procedure should include how the feedback is recorded and\nany changes to the program based on stakeholder feedback.\nKinder Morgan’s procedures are inadequate because its Public Awareness Program does\nnot include a process to communicate the product transported to the appropriate\nstakeholders and place the line size (or range of line size operated) along with the product\ntype on maps provided to emergency responders or provide justification in its program.\nKinder Morgan’s procedures are inadequate because its Public Awareness Program does\nnot include a process to guide the annual implementation review on what information is\nbeing reviewed and analyzed annually to determine a path forward, does not guide the\nannual supplemental review along the entire pipeline by stakeholder audience and does not\nprovide an annual implementation summary of what has been considered, what has been\nnoted for improvement, who is responsible, when will it be done and when it is completed.\nAn annual review should document decisions such as increasing the affected public buffer\nbased on vapor dispersion modeling or other Integrity Management Program information.\nKinder Morgan’s procedures are inadequate because its Public Awareness Program does\nnot include a written process for measuring bottom-line results. The PAP does not detail\nthe information being reviewed and analyzed on an annual basis. In addition, Kinder\nMorgan must document the results of the annual implementation and effectiveness\nevaluation meetings. This summary should include the results of any surveys or other\nevaluation methods performed throughout the previous year, other public awareness and\ndamage prevention activities, any action items identified along with implementation/\ncompletion date and any changes identified for the Kinder Morgan Public\n2\n\n\n\nAwareness/Damage Prevention Program along with the completion date. The annual\nimplementation review and the effectiveness evaluation summaries must be available for\nperiodic review by the appropriate regulatory agencies.\nKinder Morgan’s procedures are inadequate because its Public Awareness Program does\nnot have a process defined that identifies changes, tracks changes and tracks progress in\nmaking changes based on the findings of the effectiveness evaluation.\n3. § 195.440 Public awareness.\n(g) The program must be conducted in English and in other languages\ncommonly understood by a significant number and concentration of the non-\nEnglish speaking population in the operator's area.\nKinder Morgan’s procedures are inadequate because its Public Awareness Program does\nnot include a process to address the identification of the non-English speaking population in\nthe operator’s area.\n4. § 195.440 Public awareness.\n(i) The operator’s program documentation and evaluation results must be\navailable for periodic review by appropriate regulatory agencies.\nKinder Morgan’s procedures are inadequate because its Public Awareness/Damage\nPrevention Program does not have a documented procedure in the Operations and\nMaintenance or the Public Awareness/Damage Prevention manuals to analyze and address\nfindings on excavation related events. Kinder Morgan must have a documented procedure\non how excavation related events are analyzed and the related findings are incorporated\nback into the public awareness and damage prevention program.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237.\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\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If you\ndo not respond within 30 days of receipt of this Notice, this constitutes a waiver of your\nright to contest the allegations in this Notice and authorizes the Associate Administrator for\nPipeline Safety to find facts as alleged in this Notice without further notice to you and to\nissue a Final Order.\n3\n\n\n\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged\nin this Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 30 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIn correspondence concerning this matter, please refer to CPF 3-2013-5027M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nLinda Daugherty\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: Buzz Fant\n4","truncated":false,"body_characters":10092}