{"operation":"document","citation":"CPF 32022048NOA","title":"KPC PIPELINE, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-03-22","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022048noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022048noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022048noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32022048NOA","body":"Notice of Amendment involving KPC PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulation as 192.605(b)(1). The case was opened on 2022-03-22 and is reported as closed as of 2023-01-30. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32022048NOA_Closure Letter_01302023_(21-227503).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022048NOA/32022048NOA_Closure%20Letter_01302023_(21-227503).pdf\n\n32022048NOA_Closure Letter_01302023_(21-227503)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022048NOA/32022048NOA_Closure%20Letter_01302023_(21-227503)_text.pdf\n\n32022048NOA_Notice of Amendment_03222022_(21-227503).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022048NOA/32022048NOA_Notice%20of%20Amendment_03222022_(21-227503).pdf\n\n32022048NOA_Notice of Amendment_03222022_(21-227503)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022048NOA/32022048NOA_Notice%20of%20Amendment_03222022_(21-227503)_text.pdf\n\n32022048NOA_Operator Response to Notice_03222022_(21-227503).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022048NOA/32022048NOA_Operator%20Response%20to%20Notice_03222022_(21-227503).pdf\n\n32022048NOA_Notice of Amendment_03222022_(21-227503)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: lbullock@mvpurchasing.com; rkitterman@mvpipelines.com;\nand ACowart@mvpipelines.com\nMarch 22, 2022\nMr. Lee Bullock\nPresident\nKPC Pipeline, LLC\n8301 E 21st Street, Suite 370\nWichita, KS 67206\nCPF 3-2022-048-NOA\nDear Mr. Bullock:\nOn December 6-10, 2021, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected KPC\nPipeline, LLC’s procedures in Wichita, Kansas. The procedures inspected were related to the\nnatural gas integrity rule of 2019.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nKPC Pipeline, LLC’s (KPC) plans or procedures, as described below:\n1. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following, if applicable, to provide safety during\nmaintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of the\nrequirements of this subpart and Subpart M of this part.\nKPC’s procedures did not provide adequate guidance for determining traceable, verifiable,\nand complete (TVC) records as required by §192.607(c). KPC’s procedures did not define\n\n\n\nwhat TVC records meant and did not provide any guidance on what records would be considered\nacceptable. For example, KPC utilizes secondary and tertiary documents to meet TVC\nrequirements, but was not mentioned anywhere within the procedure.\nAdditionally, KPC’s procedures did not provide adequate guidance for defining opportunities\nto verify material properties when buried pipe is excavated (“opportunistic digs”). While\nKPC’s procedures repeated the code requirements verbatim for examples of an opportunistic\ndig, the procedure did not identify any criteria that would render an exposure inappropriate\nfor material verification, such as confined space concerns or unstable excavations.\nThe Company must amend its written procedures to comply with the requirements of §\n192.607(c).\n2. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following, if applicable, to provide safety during\nmaintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of the\nrequirements of this subpart and Subpart M of this part.\nKPC’s procedures did not adequately provide guidance for verification of material properties\nand attributes using nondestructive methods as required by §192.607(d). KPC required the\nuse of a third party contractor for nondestructive methods of verification; however, KPC’s\nprocedures did not provide guidance for obtaining the contractor’s procedures for KPC’s\nreview prior to the task being performed. The procedure also did not define or identify who\nis responsible for this process and what they must do to meet this requirement.\nThe Company must amend its written procedures to comply with the requirements of §\n192.607(d).\n3. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following, if applicable, to provide safety during\nmaintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of the\nrequirements of this subpart and Subpart M of this part.\nKPC’s procedures did not adequately provide guidance for TVC records of components as\nrequired by §192.607(f). KPC’s procedures did not address the company’s determination on\n2\n\n\n\n4. 5. where the TVC records for components applied to above-ground facilities, nor did the\nprocedures have any guidance on how to obtain TVC information for those components.\nThe Company must amend its written procedures to comply with the requirements of §\n192.607(f).\n§192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following, if applicable, to provide safety during\nmaintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of the\nrequirements of this subpart and Subpart M of this part.\nKPC’s procedures did not provide adequate guidance for class location determination when a\nclass change occurs on their pipeline as required by §192.611. The procedure did not\nidentify who was responsible for monitoring and implementing the class change location\nprocedure, their responsibilities (what they do), the processes they use to do the class location\nsurvey, how the data is gathered and updated, and who gets the information to process the\nchange.\nThe Company must amend its written procedures to comply with the requirements of §\n192.611\n§192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following, if applicable, to provide safety during\nmaintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of the\nrequirements of this subpart and Subpart M of this part.\nKPC’s procedures did not provide adequate guidance for maximum allowable operating\npressure (MAOP) reconfirmation as required by §192.624(a). KPC’s procedures included a\nflow chart in Section 8 of the O&M manual that provided guidance to personnel to determine\nif their pipe is applicable to §192.624. However, the procedure (flow chart) did not go\nfurther to provide guidance on whether the applicable pipe falls under 192.624(a)(1) or\n192.624(a)(2). Additionally, the procedure did not specify which reconfirmation method (if\napplicable) will be used, or that more detailed procedures would be developed prior to the\nuse of that confirmation method.\n3\n\n\n\nThe Company must amend its written procedures to comply with the requirements of §\n192.624(a).\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.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. § 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 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\n90 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 that KPC Pipeline LLC maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures)\nand submit the total to Mr. Gregory A. Ochs, Director, Central Region, Pipeline and Hazardous\nMaterials Safety Administration. In correspondence concerning this matter, please refer to CPF\n3-2022-048-NOA and, for each document you submit, please provide a copy in electronic format\nwhenever possible.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n4\n\n32022048NOA_Closure Letter_01302023_(21-227503)_text.pdf\n\nVIA ELECTRONIC MAIL TO: lbullock@mvpurchasing.com;\nrkitterman@mvpipelines.com; ACowart@mvpipelines.com\nJanuary 30, 2023\nMr. Lee Bullock, President\nKPC Pipeline, LLC\n8301 E 21st Street, Suite 370\nWichita, KS 67206\nRE: 3-2022-048-NOA\nDear Mr. Bullock:\nOn December 6-10, 2021, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected KPC\nPipeline, LLC’s procedures in Wichita, Kansas. As a result of the inspection, KPC Pipeline,\nLLC was issued a Notice of Amendment on March 22, 2022, which proposed amendments to its\nprocedures.\nKPC Pipeline LLC submitted its response, and subsequent amended procedures, on July 13,\n2022, October 2, 2022, and December 1, 2022. My staff has reviewed the amended procedures,\nand it appears that the inadequacies outlined in this Notice of Amendment have been corrected.\nThis letter is to inform you that no further action is necessary, and this case is now closed.\nThank you for your cooperation.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":11217}