{"operation":"document","citation":"CPF 520025013","title":"KINDER MORGAN GP, INC. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-05-02","effective_on":null,"summary":"CLOSED notice of amendment citing 195.452(b)(2), 195.452(b)(6)(ii).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520025013.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520025013.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520025013","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520025013","body":"Notice of Amendment involving KINDER MORGAN GP, INC.. PHMSA's enforcement data identifies the cited regulations as 195.452(b)(2),  195.452(b)(6)(ii). The case was opened on 2002-05-02 and is reported as closed as of 2005-03-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520025013_order directing amendment_08262003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520025013/520025013_order%20directing%20amendment_08262003.pdf\n\n520025013_order directing amendment_08262003.pdf\n\nU.S. Department\nof Transportation\nResearch and\nSpecial Programs\nAdministration\n400 Seventh St . S W\nWashington. D C 20590\nAUG 2 6 2003\nMr. William White\nVice President, Operations\nKinder Morgan Energy Partners, L.P.\n500 Dallas Street, Suite 1000\nHouston, TX 77002\nRe: CPF No. 5-2002-5013\nDear Mr. White:\nEnclosed is the Order Directing Amendment issued by the Associate Administrator for ,\nPipeline Safety in the above-referenced case. It makes a finding of inadequate procedures and\nrequires that you amend your integrity management program procedures. When the terms of the\nOrder are completed, as determined by the Director, Western Region, OPS, this enforcement\naction will be closed. Your receipt of the Order Directing Amendment constitutes service of that\ndocument under 49 C.F.R. 8 190.5.\nSincerely.\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of 1\nKinder Morgan Energy Partners )\nPartners, L.P., 1\n1\n1\nRespondent. 1\nCPF NO. 5-2002-501 3\nORDER DIRECTING AMENDMENT\nOn January 15-17,2002, pursuant to 49 U.S.C. 6 601 17, representatives of the Western and\nSouthern Regions, Office of Pipeline Safety (OPS), inspected Kinder Morgan Energy Partners'\n(Respondent's) integrity management program at Respondent's facility in Lakewood, Colorado.\nAs a result of the inspection, the Western Regional Director, OPS, issued to Respondent, by\nletter dated May 2,2002, a Notice of Amendment (NOA) and Warning Letter. The NOA alleged\ninadequacies in Respondent's integrity management program and proposed to require amendment\nof Respondent's procedures to comply with the requirements of 49 C.F.R. 5 195.452. The\nWarning Letter warned Respondent to take appropriate corrective action to address its failure to\nidentify certain segments.\nRespondent responded to the NOA by letter dated June 6,2002. Respondent disagreed that its\nintegrity management program procedures were inadequate. Respondent did not request a\nhearing, consequently Respondent waived its right to one.\nThe NOA alleged three inadequacies in Respondent's integrity management program procedures:\nThe first alleged inadequacy was that Respondent's procedures did not include a field validation\nprocess for identified segments that could affect a high consequence area (HCA). Respondent\nargued that 49 C.F.R. 195.450 defines \"high population areas\" and \"other population areas\" as\nareas delineated by the Census Bureau, and that updates to Respondent's baseline assessment\nplan must include these areas defined by the Census Bureau as HCAs within one year of the date\nthe area is identified by the Census Bureau. Respondent's argument does not address the alleged\ninadequacy. Respondent's segment identification process failed to include procedures to ensure\nusage of the most current census data and to verifL the accuracy of its pipeline location\ninformation downloaded from the National Pipeline Mapping System (NPMS).\nThe second alleged inadequacy was that Respondent's procedures failed to include technical\n\n\n\njustification for the transport mechanisms used to identify segments that could affect HCAs.\nRespondent argued that its procedures, which assumed that highly volatile liquids (HVLs)\nreleased into a flowing waterway can only be transported one mile, were technically justified. In\nits Response, Respondent conceded that although its \"experience demonstrates that product, if it\ngets into waterways, either evaporates, disperses, or can be contained ...,\" there is a need for\nadditional data and improved study methodology. Respondent failed to elaborate on its\nexperience giving rise to this assumption and provided no other sources of information for\ntechnical justification of the one-mile release limit.\nThe third alleged inadequacy was that Respondent's segment identification procedures failed to\ninclude modeling techniques applicable to HVLs. Respondent argued that it used the C-FER\nmodel designed for natural gas, but acknowledged the limitations of the C-FER model when\napplied to HVLs.\nIn its Response, Respondent indicated steps it has taken to address the inadequacies identified in\nthe NOA, but did not submit revised procedures.\nAccordingly, I find that Respondent's integrity management program procedures are inadequate\nto ensure safe operation of its pipeline system. Pursuant to 49 U.S.C. 8 60108(a) and 49 C.F.R. 8\n190.237, Respondent is ordered to make the following changes to its integrity management\nprogram procedures. Respondent must:\n1. Amend its procedures for identifying pipeline segments that could affect HCAs to\ninclude procedures for field validation and review of the results of Respondent's segment\nidentification process, ensuring that all \"could-affect\" segments have, in fact, been\nidentified. This amendment must incorporate a process for validating the accuracy and\ncurrency of its pipeline location data.\n2. Amend its procedures to adequately address hazardous liquid spills that could enter\nand be transported by streams and other waterways, resulting in an impact to an HCA.\nInclude in its technical justification non-commercial navigable waterways, including\nstreams and other waterways, which may act as transport paths for releases of HVLs to a\nHCA. Respondent must provide adequate technical justification for limiting the flow by\nwaterway to one mile or utilize a different approach with adequate technical justification.\n3. Amend its procedures to consider specific properties of HVLs and carbon dioxide, the\nimpact of weather conditions, topography, and the impact of a hazardous liquid release on\nhuman and animal life surrounding the pipeline system in Respondent's models.\n4. Submit the amended procedures to the Regional Director, Western Region, OPS\nwithin 30 days following receipt of this Order Directing Amendment.\n5. The Regional Director may extend the period for complying with the required items if\nthe Respondent requests an extension and adequately justifies the reasons for the\nextension.\n\n\n\nWARNING ITEMS\nThe NOA did not propose a civil penalty or corrective action for Respondent's failure to include\n71,459 feet (13.5 miles) of pipeline traversing the California-Nevada state borders within its\nsegment identification program. The missing segment was discovered by inspectors verifying\nRespondent's data using the NPMS maps available at the time of inspection. Respondent was\nwarned to correct this inadequacy. Respondent presented information in its response showing\nthat it has addressed this inadequacy. Respondent is again warned that if OPS finds a violation in\na subsequent inspection, enforcement action will be taken.\nThe terms and conditions of this Order Directing Amendment are effective upon receipt.\nFailure to comply with this Order may result in the assessment of civil penalties of up to\n$100,000 per violation per day, or in the referral of the case for judicial enforcement.\n\" Associate Administrator For Pipeline Safety\nAUG 2 6 2003\nDate Issued","truncated":false,"body_characters":7662}