{"operation":"document","citation":"CPF 320195002M","title":"PEMBINA COCHIN LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-01-11","effective_on":null,"summary":"CLOSED notice of amendment citing 195.307(b), 195.307(c), 195.402(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195002m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195002m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195002m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320195002M","body":"Notice of Amendment involving PEMBINA COCHIN LLC. PHMSA's enforcement data identifies the cited regulations as 195.307(b),  195.307(c),  195.402(c)(3). The case was opened on 2019-01-11 and is reported as closed as of 2019-10-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320195002M_Closure Letter_10092019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195002M/320195002M_Closure%20Letter_10092019.pdf\n\n320195002M_Closure Letter_10092019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195002M/320195002M_Closure%20Letter_10092019_text.pdf\n\n320195002M_Notice of Amendment_01112019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195002M/320195002M_Notice%20of%20Amendment_01112019.pdf\n\n320195002M_Notice of Amendment_01112019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195002M/320195002M_Notice%20of%20Amendment_01112019_text.pdf\n\n320195002M_Operator Response to Notice_02152019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195002M/320195002M_Operator%20Response%20to%20Notice_02152019.pdf\n\n320195002M_Closure Letter_10092019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 9, 2019\nMr. Wayne Simmons\nChief Operating Officer-Products Pipeline\nKinder Morgan Cochin, LLC\n1001 Louisiana Street, Suite 1000\nHouston, Texas 77002\nCPF 3-2019-5002M\nDear Mr. Simmons:\nFrom August 22 – August 26, 2016, representatives from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of Kinder Morgan Cochin, LLC (Kinder\nMorgan) Liquids Operations and Maintenace Manuel (L-O&M) and Kinder Morgan Operation\nQualification Program for Facilities Subject to DOT Parts 192 and 195. As a result of the\ninspection, Kinder Morgan was issued a Notice of Amendment on January 11, 2019, which\nproposed amendment of your procedures.\nKinder Morgan submitted its amended procedures on February 15, 2019. My staff reviewed\nthe amended procedures, and it appears that the inadequacies outlined in this Notice of\nAmendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n\n320195002M_Notice of Amendment_01112019_text.pdf\n\nNOTICE OF AMENDMENT\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 3-2019-5002M\nDear Mr. Simmons:\nFrom August 22 - August 26, 2016, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\ninspected certain procedures in Kinder Morgan Cochin, LLC (Kinder Morgan) Liquids\nOperations and Maintenance Manual (L-O&M) and Kinder Morgan Operation Qualification\nProgram for Facilities Subject to DOT Parts 192 and 195.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nKinder Morgan Cochin’s plans or procedures, as described below:\n\n\n\n1. §195.307 Pressure testing aboveground breakout tanks.\n(b) For aboveground breakout tanks built to API Standard 620 and first placed in\nservice after October 2, 2000, hydrostatic and pneumatic testing must be in accordance\nwith section 7.18 of API Standard 620 (incorporated by reference, see §195.3).\n(c) For aboveground breakout tanks built to API Std 650 (incorporated by\nreference, see §195.3) and first placed in service after October 2, 2000, testing must be in\naccordance with sections 7.3.5 and 7.3.6 of API Standard 650 (incorporated by\nreference, see §195.3).\nKinder Morgan’s procedure L_O&M 1600 is inadequate because it does not state that\nhydrostatic and pneumatic testing will be in accordance with Section 7.18 of API 620 as\nrequired by §195.307(b). Kinder Morgan’s new tank construction testing specifications are\naddressed in the in L_O&M 1600. Kinder Morgan’s L-O&M 1600 procedure, section 5 a ii,\nincorrectly references section 5.18 of API 620 Standard instead of 7.18 of API 620 Standard.\nThe testing requirements are different for API 620 tanks and API 650 tanks built after October\n2, 2000. Kinder Morgan’s procedure L-O&M 1600 is also inadequate because it uses incorrect\nlanguage for testing tanks built to API Standard 650. Kinder Morgan’s L-O&M 1600\nprocedure incorrectly uses similar language regarding pneumatic and hydrotesting for both\ntypes of aboveground breakout tanks. API 650 sections 7.3.5 and 7.3.6 do not reference\npneumatic testing, nor does §195.307(c).\n2. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal 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.\nKinder Morgan’s procedure L-O&M 2103 is inadequate because it does not state that\noverpressure safety devices and overfill protection systems will be installed in accordance\nwith API 2350 Third edition. Section §195.428(c) requires that “[o]ther aboveground\nbreakout tanks with 600 gallons (2271 liters) or more of storage capacity that are constructed\nor significantly altered after October 2, 2000, must have an overfill protection system installed\naccording to API RP 2350 (incorporated by reference, see §195.3).” API RP 2350 3rd edition\nis incorporated by reference in 195.3(b)(12). Kinder Morgan’s L-O&M 2103, Overfill\nProtection for Storage Tanks, incorrectly references API 2350 Fourth Edition instead of the\nThird Edition.\n2\n\n\n\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. 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 of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged\nin this Notice without further notice to you and to issue an Order Directing Amendment. If\nyour plans or procedures are found inadequate as alleged in this Notice, you may be ordered\nto amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you\nare not contesting this Notice, we propose that you submit your amended procedures to my\noffice within 45 days of receipt of this Notice. This period may be extended by written\nrequest for good cause. Once the inadequacies identified herein have been addressed in your\namended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that Kinder Morgan Cochin LL maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Allan C. Beshore, Director,\nCentral Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 3-2019-5002M and, for each document you\nsubmit, please provide a copy in electronic format whenever possible.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3","truncated":false,"body_characters":8426}