{"operation":"document","citation":"CPF 320195001W","title":"PEMBINA COCHIN LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-01-11","effective_on":null,"summary":"CLOSED warning letter citing 195.310(a), 195.310(b)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320195001W","body":"Warning Letter involving PEMBINA COCHIN LLC. PHMSA's enforcement data identifies the cited regulations as 195.310(a),  195.310(b)(3). The case was opened on 2019-01-11 and is reported as closed as of 2019-01-11. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320195001W_Warning Letter_01112019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195001W/320195001W_Warning%20Letter_01112019.pdf\n\n320195001W_Warning Letter_01112019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195001W/320195001W_Warning%20Letter_01112019_text.pdf\n\n320195001W_Warning Letter_01112019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 11, 2019\nMr. Wayne Simmons\nChief Operating Officer-Products Pipeline\nKinder Morgan Cochin, LLC\n1001 Louisiana Street, Suite 1000\nHouston, Texas 77002\nCPF 3-2019-5001W\nDear Mr. Simmons:\nFrom August 22-26, 2016, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected your Kankakee Tank Terminal in Kankakee, IL.\nAs a result of the inspection, it is alleged that you have committed a proable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items\ninspected and the probable violation is:\n1. §195.310 Records.\n(a) A record must be made of each pressure test required by this subpart, and the\nrecord of the latest test must be retained as long as the facility tested is in use.\n(b) The record required by paragraph (a) of this section must include:\n(3) The name of the operator, the name of the person responsible for making the test,\nand the name of the test company used, if any\nKinder Morgan Cochin’s pressure test record for Tank 5 failed to include the name of the\nperson responsible for making the test and the name of the test company used. Kinder Morgan\nCochin’s Tank 5 “Technical Standard for Hydrostatic Testing” record created on May 20,\n\n\n\n2014, did not have a certifying signature identifying the person responsible for making the\ntest. The tank has been in use since 2014.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $213,268 per violation per day the violation persists, up to a maximum of $2,132,679\nfor a related series of violations. For violation occurring on or after November 2, 2015 and\nbefore November 27, 2018, the maximum penalty may not exceed $209,002 per violation per\nday, with a maximum penalty not to exceed $2,090,022. For violations occurring prior to\nNovember 2, 2015, the maximum penalty may not exceed $200,000 per violation per day,\nwith a maximum penalty not to exceed $2,000,000 for a related series of violations. We have\nreviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time.\nWe advise you to correct the item identified in this letter. Failure to do so will result in\nKinder Morgan Cochin, LLC being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 3-2019-5001W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n2","truncated":false,"body_characters":3899}