{"operation":"document","citation":"CPF 420085006W","title":"KINDER MORGAN CO2 CO. LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2008-02-13","effective_on":null,"summary":"CLOSED warning letter citing 195.402(d)(5), 195.404(b)(2), 195.404(c)(2), 195.412(a), 195.583(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420085006w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420085006w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420085006w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420085006W","body":"Warning Letter involving KINDER MORGAN CO2 CO. LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(d)(5),  195.404(b)(2),  195.404(c)(2),  195.412(a),  195.583(b). The case was opened on 2008-02-13 and is reported as closed as of 2008-02-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420085006W_Operator Response_03212008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420085006W/420085006W_Operator%20Response_03212008.pdf\n\n420085006W_warning letter_02132008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420085006W/420085006W_warning%20letter_02132008.pdf\n\n420085006w_warning letter_02132008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420085006W/420085006w_warning%20letter_02132008_text.pdf\n\n420085006w_warning letter_02132008_text.pdf\n\ntJ5. Deponment\nof transportation\nPipeline and\nHazardous Materiats Safety\nAdministration\ntt7ot sattth Gttssner, stttls t110\nHttUstOll, Tx Trc74\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 13, 2008\nMr. Charles Fox\nVice President Operations and Technology\nKinder Morgan CO2Co.\nL. P.\n,\n500 Dallas Street, Suite 1000\nHouston, TX 77002\nCPF 4-2008-5006W\nDear Mr. Fox:\nOn May 14-18, 2007, July 18-20, 2007, and October 10, 2007, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States\nCode inspected your Cortez, Central Basin, Common Reef Carriers, and Centerline CO, pipeline\nsystem in Texas, New Mexico, and Colorado.\nAs a result of the inspection, it appears that you have committed probable violations of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable\nviolation(s) are:\n1. 195. 402 Procedural manual for operations, maintenance, and emergencies.\n(d) Abnormal operation. The manual required by paragraph (a) of this section must\ninclude procedures for the following to provide safety when operating design limits\nhave been exceeded.\n(5) Periodically reviewing the response of operator personnel to determine the\neffectiveness of the procedures controlling abnormal operation and taking corrective\naction where deficiencies are found.\nThe Operator did not clearly demonstrate that a periodic review of procedures controlling an\nabnormal operation had been performed and any deficiencies corrected.\nInitially, Operator personnel did not recall any AOC's that had occurred within the past three years.\nHowever, a review of PHMSA accident records indicated otherwise. Kinder Morgan personnel\nindicated that their initial response was an issue of terminology as most of their employees identify\noccurrences defined under ()195. 402(d) as \"emergencies. \" Operator personnel also stated that a\n\n\n\nreview of the effectiveness of AOC procedures is performed annually as part of the overall Operation\nand Maintenance procedures review. PHMSA requested the Operator provide documentation of any\nprocedure modification that had resulted from the annual review. Kinder Morgan uses an electronic\nsystem to document requests by employees for modification of procedures and clearly the system\nreflected several requests for procedure changes. However, the portion of the online screen\ndesigned to document the reason for procedure modification request had been left blank on all of the\nrecords reviewed. Therefore, there was no clear demonstration that tied requests for any of the\nprocedure modifications to the annual review, whether it was for AOC procedures, emergency\nprocedures, or operation and maintenance procedures. The Operator needs to complete the\ndocumentation of the procedures modification requests to demonstrate procedures changes\nresulting from the required annual effectiveness review.\n2. 195. 404 Maps and Records.\n(b) Each operator shall maintain for at least 3 years daily operating records that\nindicate-\n(2) Any emergency or abnormal operation to which the procedures under $195. 402\napply\nThe Operator was not able to accurately present records documenting all of the Abnormal Operating\nConditions (AOC's) that had occurred on the system for the past three years.\nKinder Morgan personnel demonstrated an electronic database (STARS) that the Operator uses to\ndocument events such as AOC's, accidents, and emergency conditions. A review of a sample of the\nrecords in the system did reveal documentation of events that appear to qualify as AOC's according\nto $195. 402(d). However, some of the records did not appropriately designate the events as an\nAOC's and therefore a query for these records would not produce an accurate or complete result.\nThe operator needs to accurately document and retain AOC events as prescribed by the regulations.\n3. 195. 404 Maps and Records.\n(c) Each operator shall maintain the following records for the periods specified;\n(2) The date, location, and description of each repair made to parts of the pipeline\nother than pipe shall be maintained for at least 1 year.\nThe Operator did not have records for repairs made to parts of the pipeline other than the pipe.\nOn January 30, 2007, the operator experienced a failure of a Y4-inch purge line on the No. 2 pump at\nCortez Station. The Operator was not able to produce any repair records for this failure. Operator\npersonnel stated that the PHMSA accident report (Form F7000-1) was the documentation of the\nrepair. However, this report does not provide any details of the repair such as the materials used,\nthe personnel that authorized the repair, or the personnel that made the repair.\n195. 412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times each\ncalendar year, inspect the surface conditions on or adjacent to each pipeline right-of-\nway. Methods of inspection include walking, driving, flying or other appropriate mean\nof traversing the right-of-way.\n\n\n\nThe Operator exceeded the prescribed right-of-way inspection interval.\nOn the record for the aerial patrol for the Edgewood to Cortez segment of the Cortez CO, Pipeline\nscheduled for December 18, 2006, the pilot indicated that the line was not flown due to weath\nThe\nue wea er.\nOperator was not able to present records documenting the inspection had been performed b\npe me y\nanother method. The next aerial patrol record documenting inspection of the same segment of right-\nof-way was dated February 27, 2007,\n5. 195. 583 What must I do to monitor atmospheric corrosion control7\n(b) During inspections you must give particular attention to pipe at soil-towir\ninterfaces, under thermal insulation, under disbonded coatings, at pipe supports, in\nsplash zones, at deck penetrations, and in spans over water.\nThe Operator's atmospheric corrosion inspection records did not document areas of corrosion under\npipe supports evident from visual inspection of the facilities.\nEvidence of corrosion around and potentially under pipe supports should have been noted in the\nprescribed atmospheric corrosion inspections. Additional investigation to determine the magnitude\nand extent of the corrosion should be performed by the operator.\nUnder 49 United States Code, ('I 60122, you are subject to a civil penalty not to exceed $100, 000 for\neach violation for each day the violation persists up to a maximum of $1, 000, 000 for any related\nseries of violations. We have reviewed the circumstances and supporting documents involved in this\ncase, and have decided not to conduct additional enforcement action or penalty assessment\nproceedings at this time. We advise you to correct the item(s) identified in this letter. Failure to do\nso will result in Kinder Morgan COz Co.\n,\nL. P. being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF\n4-2008-5005W. 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 material\nqualifies for 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 information\nqualifies for confidential treatment under 5 U. S. C. 552(b).\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous\nMaterials Safety Administration","truncated":false,"body_characters":8545}