{"operation":"document","citation":"CPF 320215007M","title":"KINDER MORGAN UTOPIA LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-02-26","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(e), 195.402(e)(3), 195.452(l)(ii).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320215007m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320215007m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320215007m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320215007M","body":"Notice of Amendment involving KINDER MORGAN UTOPIA LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(e),  195.402(e)(3),  195.452(l)(ii). The case was opened on 2021-02-26 and is reported as closed as of 2021-05-03. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320215007M_Closure Letter_05032021_(19-164062S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/320215007M/320215007M_Closure%20Letter_05032021_(19-164062S).pdf\n\n320215007M_Closure Letter_05032021_(19-164062S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320215007M/320215007M_Closure%20Letter_05032021_(19-164062S)_text.pdf\n\n320215007M_Notice of Amendment_02262021.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320215007M/320215007M_Notice%20of%20Amendment_02262021.pdf\n\n320215007M_Notice of Amendment_02262021_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320215007M/320215007M_Notice%20of%20Amendment_02262021_text.pdf\n\n320215007M_Operator Response to Notice_03242021.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320215007M/320215007M_Operator%20Response%20to%20Notice_03242021.pdf\n\n320215007M_Notice of Amendment_02262021_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: tom martin@kindermorgan.com\nand quintin frazier@kindermorgan.com\nFebruary 26, 2021\nTom Martin\nPresident, Gas Pipelines\nKinder Morgan, Inc.\n1001 Louisiana St., Suite 1000\nHouston, TX 77002\nCPF 3-2021-5007M\nDear Mr. Martin:\nFrom March 3, 2019 through September 27, 2019, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of the Pipeline Safety, Central Region\npursuant to Chapter 601 of 49 United States Code inspected Kinder Morgan Utopia LLC’s\n(Kinder Morgan) procedures for its pipeline facilities subject to 49 CFR Part 195.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nKinder Morgan’s procedures, as described below:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies\n(a) . . .\n(e) Emergencies. The manual required by paragraph (a) of this section must include\nprocedures for the following to provide safety when an emergency condition\noccurs:\nKinder Morgan Utopia LLC/LTD’s Pipeline Emergency Response Plan (ERP) is inadequate.\nSpecifically, in Section 3.1, \"Initial Response Actions,” under the Medium Leak topic area of the\nEmergency Planning Zone (EPZ), it references \"no indication of gas present.\" However, Kinder\nMorgan’s Utopia pipeline deals with hazardous vapors, not gas associated with a methane\nrelease. Section 3.1 also discusses evacuations and references an EPZ zone. However, the EPZ\nzone is not clearly defined either by referencing a different procedure or clarifying that it is\nmeant to be the same as outlined in the Large Leak section.\n\n\n\nFurthermore, the ERP is inadequate because it uses the term “Superintendent” inconsistently.\nFor example, Section 3.1, under the “Tornadoes/Straight Line Winds Specific Response\" states,\n\"After the Tornado is over, the Superintendent will organize search and rescue teams if anyone is\nnot accounted for\" and \"The Superintendent will assess the situation to determine the best\napproach to follow in returning to normal operations.\" The Superintendent title is inconsistent\nwith other parts of the ERP, and information provided by Kinder Morgan personnel during the\ninspection did not provide clarity with respect to the title, Superintendent.\nThe Emergency Response Plan must be amended to adequately address the requirements of §\n195.402(e).\n2. §195.402 Procedural manual for operations, maintenance, and emergencies\n(a) . . .\n(e) Emergencies. The manual required by paragraph (a) of this section must include\nprocedures for the following to provide safety when an emergency condition\noccurs:\n(1) . . .\n(3) Having personnel, equipment, instruments, tools, and material available as\nneeded at the scene of an emergency.\nKinder Morgan Utopia LLC/LTD’s ERP is inadequate in Section 3, \"Response Actions,\" as there\nis no list of equipment identified for the personnel (investigating crew) for all size leaks (small,\nmedium, large). Section 3.1 does list some equipment that would be required under the \"Small\nLeak” and “Medium Leak” topic areas, but no equipment is listed as required for a “Large leak,”\nor large-type emergency. While Kinder Morgan indicated to PHMSA that fire extinguishers are\nstandard equipment on all company vehicles, fire extinguishers are not identified as equipment\navailable for employees responding to Small, Medium, or Large Leaks.\nIn addition, the ERP is inadequate in Section 3, \"Response Actions,\" as it does not identify air-\nmonitoring equipment for Large Leaks. Kinder Morgan indicated during the inspection that air-\nmonitoring equipment for Small and Medium Leaks consists of explosion meters and that air-\nmonitoring equipment would be used to identify safe zones for Large Leaks. However, the ERP\ndoes not identify air-monitoring equipment as being required for employees responding to Large\nLeaks.\nThe Emergency Response Plan must be amended to adequately address the inadequacies outlined\nabove and the requirements of §195.402(e)(3).\n2\n\n\n\n3. § 195.452 Pipeline integrity management in high consequence areas.\n(a) . . .\n(l) (1) . . .\nWhat records must an operator keep to demonstrate compliance?\n(i) . . .\n(ii) Documents to support the decisions and analyses, including any\nmodifications, justifications, deviations and determinations made, variances,\nand actions taken, to implement and evaluate each element of the integrity\nmanagement program listed in paragraph (f) of this section.\nKinder Morgan’s Integrity Management Program (IMP) is inadequate in the following five areas.\nFirst, IMP Section 12 “Records and Document Retention”, part 3.1, “Records Retention”,\nincorrectly references “the Record Retention Table of Section 4”. The correct section reference\nfor the Records Retention Table is Section 5.\nSecond, the IMP is inadequate as it does not clearly articulate in Section 12 all procedures that\nare referenced in the program and associated records that support decisions and analyses. For\nexample, Procedure LO&M 923, “Continuing Assessment and Analysis,” requires Form L-\nOM900-12, “Assessment Interval Evaluation Form,” to be completed. However, Procedure\nLO&M 923 and Form L-OM900-12 are not referenced in Section 12 of the IMP.\nThird, the IMP is inadequate in Section 12 with respect to referenced procedures and\ndocumentation required when using a hydrostatic pressure test as a baseline assessment\nmethod. Specifically, Procedure LO&M 923, “Continuing Assessment and Analysis,” requires\nForm L-OM900-12 titled “Assessment Interval Evaluation Form.” However, neither the IMP\nnor LO&M 923 indicate when a hydrotest is used as a baseline assessment if or when Form L-\nOM900-12 is required. Similarly, it is unclear in the IMP and referenced document LO&M 914\ntitled “Appropriate Assessment Tool and Vendor Selection,” when Form L-OM900-11,\n“Assessment Selection and Justification,” is required to be completed. The IMP plan is not clear\nif Form L-OM900-11 would be required at the time of an initial pressure test used for a baseline\nassessment.\nIt is not clear in the IMP if Form L-OM900-11 or Form L-OM900-12, or both, would be required\nat the time of an initial pressure test used for a baseline assessment.\nFourth, the IMP is inadequate as the LO&M 914 procedure does not clarify conditions under\nwhich documents should be attached associated with Form L-OM900-11. Forms L-OM900-11\nreviewed during the inspection associated with the Utopia system did not identify any\nattachments as outlined in the Documentation section of these Forms.\nFifth, the IMP is inadequate as the program discusses the Action Plan, ILI Action Plan, and Form\nL-OM900-11, “Assessment Selection and Justification” in various sections, but does not provide\n3\n\n\n\ninstructions for when these documents should be used. During the inspection, Kinder Morgan\nprovided documents labeled as “Action Plan Form 900-11.” However, it remained unclear if\nthese plans and forms are intended to be synonymous with the operator-provided information\nand program documents.\nThe IMP must be amended to correct the inadequacies outlined above associated with referenced\nprocedures and documentation.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart 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 for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust 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 information\nqualifies 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 of\nreceipt 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 in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n60 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Kinder Morgan Utopia LLC 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 Gregory A. Ochs, Director,\n4\n\n\n\nCentral Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 3-2021-5007M and, for each document you submit,\nplease provide a copy in electronic format whenever possible.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: Quintin Frazier, Director-Compliance Codes/Standards,\nquintin frazier@kindermorgan.com\n5\n\n320215007M_Closure Letter_05032021_(19-164062S)_text.pdf\n\nVIA ELECTRONIC MAIL TO: tom martin@kindermorgan.com,\nJaime Hernandez@kindermorgan.com, and quintin frazier@kindermorgan.com\nMay 3, 2021\nTom Martin\nPresident, Gas Pipelines\nKinder Morgan, Inc.\n1001 Louisiana St., Suite 1000\nHouston, TX 77002\nRe: CPF 3-2021-5007M\nDear Mr. Martin:\nFrom March 3, 2019 through September 27, 2019, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Kinder Morgan Utopia LLC’s (Kinder Morgan) procedures for its pipeline facilities\nsubject to 49 CFR Part 195. As a result of the inspection, Kinder Morgan was issued a Notice of\nAmendment on February 26, 2021, which proposed amendment of your procedures.\nKinder Morgan submitted its amended procedures on April 27, 2021. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":12198}