{"operation":"document","citation":"CPF 520115004","title":"SFPP, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-02-28","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.406(b), 195.410(a)(1), 195.410(a)(2)(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520115004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520115004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520115004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520115004","body":"Notice of Probable Violation involving SFPP, LP. PHMSA's enforcement data identifies the cited regulations as 195.406(b),  195.410(a)(1),  195.410(a)(2)(i). The case was opened on 2011-02-28 and is reported as closed as of 2013-02-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520115004_closure letter_02122013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115004/520115004_closure%20letter_02122013.pdf\n\n520115004_closure letter_02122013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115004/520115004_closure%20letter_02122013_text.pdf\n\n520115004_Final Order_12112012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115004/520115004_Final%20Order_12112012.pdf\n\n520115004_Final Order_12112012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115004/520115004_Final%20Order_12112012_text.pdf\n\n520115004_NOPV PCO_02282011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115004/520115004_NOPV%20PCO_02282011.pdf\n\n520115004_NOPV PCO_02282011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115004/520115004_NOPV%20PCO_02282011_text.pdf\n\n520115004_operator response_04062011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520115004/520115004_operator%20response_04062011.pdf\n\n520115004_closure letter_02122013_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 12, 2013\nMr. Ron McClain\nVice President, Operation & Engineering\nSFPP, LP\n500 Dallas St., Ste. 1000\nHouston, TX 77002\nCPF 5-2011-5004\nClosure Letter\nDear Mr. McClain:\nOn December 11, 2012, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) Associate Administrator for Pipeline Safety issued to SFPP, LP a Final Order in\nthe above-referenced case. This Order included a Compliance Order. It required SFPP, LP\nto take certain measures to evaluate and correct pressure control devices on Line 13 stations\nand terminals. SFPP, LP has verified completion of necessary changes to in-station thermal\npressure relief as proposed in their September 30, 2011 response, “Thermal Protection Table\n(rev 2).”\nBased on our review of the documentation you provided, it has been determined that you\nhave complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 C. Allen (#135631)\n\n520115004_Final Order_12112012_text.pdf\n\nDECEMBER 11, 2012\nMr. Ron McClain\nVice-President Engineering and Operations\nProducts Pipelines\nKinder Morgan Energy Partners, LP\n500 Dallas St., Suite 1000\nHouston, TX 77002\nRe: CPF No. 5-2011-5004\nDear Mr. McClain:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and specifies actions that need to be taken by Santa Fe Pacific Pipeline, LP, on Line 13\nto comply with the pipeline safety regulations. When the terms of the Compliance Order have\nbeen completed, as determined by the Director, Western Region, this enforcement action will be\nclosed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,\nor as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Chris Hoidal, Director, Western Region, OPS\nMr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nSanta Fe Pacific Pipeline, LP, ) CPF No. 5-2011-5004\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nBetween October 4-8, 2010, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\ninspected Santa Fe Pacific Pipeline, LP., (SFPP or Respondent) Line 13 and associated facilities\nin the State of Nevada. SFPP operates approximately 2858 miles of pipeline in California,\nOregon, and Nevada including 1743 miles of pipeline located in high consequence areas (HCAs)\nand is a subsidiary of Kinder Morgan Energy Partners, LP (KMEP).\n1\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated February 28, 2011, a Notice of Probable Violation and Proposed\nCompliance Order (Notice), which also included warnings pursuant to 49 C.F.R. § 190.205. In\naccordance with 49 C.F.R. § 190.207, the Notice proposed finding that SFPP had committed\nvarious violations of 49 C.F.R. Part 195 and proposed ordering SFPP to take certain measures to\ncorrect one alleged violation. Two warning items required no further action, but warned the\noperator to correct the alleged violations or face possible enforcement action.\nKMEP responded to the Notice on behalf of SFPP by letter dated April 6, 2011 (Response), as\nsupplemented by letter dated September 30, 2011 (Second Response). The company offered\ninformation and explanations in response to the Notice, provided information concerning the\ncorrective actions it has taken, and requested that the Proposed Compliance Order be modified.\nRespondent did not request a hearing and therefore has waived its right to one.\n1 Kinder Morgan Energy Partners, LP, transports crude oil, refined petroleum products, and highly volatile liquids\nthrough more than 8,000 miles of pipelines in the United States.\nSee http://www kindermorgan.com/business/products_pipelines/ (last accessed August 29, 2012).\n\n\n\n2\nFINDING OF VIOLATION\nThe Notice alleged that Respondents violated 49 C.F.R. Part 195, as follows:\nItem 3: The Notice alleged that Respondents violated 49 C.F.R. § 195.406(b), which states:\n§ 195.406 – Maximum operating pressure\n(a) . . . .\n(b) No operator may permit the pressure in a pipeline during surges or\nother variations from normal operations to exceed 110 percent of the\noperating pressure limit established under paragraph (a) of this section.\nEach operator must provide adequate controls and protective equipment to\ncontrol the pressure within this limit.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.406(b) by failing to provide\npressure controls and overpressure protection on certain in-station piping at the Sparks Terminal\nagainst over-pressurization beyond 110 percent of its established maximum operating pressure\n(MOP). Specifically, the Notice alleged that on October 5, 2009, the operating pressure of the\ntransfer line from the Sparks Terminal to OP Reno’s facility exceeded the established MOP of\n264 psig and rose to at least 307 psig, the limit of the pressure recording equipment’s range, over\na period of 9 hours and 50 minutes.\nIn its Response, KMEP acknowledged that the in-station pipe pressure was not controlled within\nthe MOP limits on October 5, 2009, and stated that its investigation of the overpressure event\nidentified several corrective actions that needed to be implemented to provide adequate pressure\ncontrols and protective equipment to keep operating pressures below the MOP.\nAccordingly, after considering all of the evidence, I find that Respondent violated\n49 C.F.R. § 195.406(b) by failing to provide pressure protection for in-station piping at the\nSparks Terminal against over-pressurization beyond 110 percent of its established MOP.\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to Item 3 in the Notice for violation of\n49 C.F.R. § 195.406(b). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601. The Director has\nindicated that Respondent has taken the following actions to address the cited violation:\n1. With respect to the violation of § 195.406(b) (Item 3), Respondent provided\ndocumentation showing that it has completed facility personnel training for:\n• Liquids Operations & Maintenance (LO&M) Procedure 159 (Incident\nReporting and Investigation);\n• LO&M Procedure 260 (Maximum Operating Pressure);\n\n\n\n3\n• LO&M Procedure 500 (Pump Station Emergency Shut-Down);\n• LO&M Procedure 1900 (Abnormal Operating Conditions and Emergency\nResponse Plan); and\n• Additional Operator Qualification (OQ) training relevant to the\noverpressure event.\n2. Respondent provided documentation showing that it has performed\ncomprehensive evaluations of the pressure control devices from the Rocklin Pump\nStation to the Fallon Naval Air Station and performed a verified review of LO&M\n703 and LO&M 260.\n3. Respondent reported the safety improvement costs and submitted the total to the\nDirector.\nAs for the remaining proposed compliance terms, pursuant to the authority of 49 U.S.C.\n§ 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following actions to\nensure compliance with the pipeline safety regulations applicable to its operations:\n1. Within 60 days following receipt of this Order, Respondent must complete the\ncomprehensive evaluation and make needed changes and additions to the thermal\nrelief protection at Line 13 stations and terminals as specified in the “Thermal\nProtection Table (rev 2)” portion of KMEP’s Second Response.\n2. It is recommended that Respondent upgrade the SCADA and pressure recording\ndevices to record all possible pressures at their facilities to ensure that any\noverpressure incident is fully recorded, including incidents over 307 psig should\nthey occur.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nWARNING ITEMS\nWith respect to Items 1 and 2, the Notice alleged probable violations of Part 195 but did not\npropose a civil penalty or compliance order for these items. Therefore, these are considered to\nbe warning items. The warnings were for:\n49 C.F.R. § 195.410(a)(1) (Item 1) ─ Respondent’s alleged failure to place a line\nmarker at the Line 13 Taylor Street crossing in Fallon, Nevada; and\n\n\n\n4\n49 C.F.R. § 195.410(a)(2)(i) (Item 2) ─ Respondent’s alleged failure to place a\npipeline marker at the Everett Street crossing in West Reno that included the word\n“Warning,” “Caution,” or “Danger” in accordance with the requirements of\n§ 195.410(a)(2)(i).\nKMEP presented information in its Responses showing that it had taken certain actions to\naddress the cited items. If OPS finds a violation of any of these items, Respondent may be\nsubject to future enforcement action.\nUnder 49 C.F.R. § 190.215, Respondent has a right to submit a petition for reconsideration of\nthis Final Order. Should Respondent elect to do so, the petition must be sent to: Associate\nAdministrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey Avenue, SE, East Building,\n2nd Floor, Washington, DC 20590, with a copy sent to the Office of Chief Counsel, PHMSA, at\nthe same address. PHMSA will accept petitions received no later than 20 days after receipt of\nservice of this Final Order by the Respondent, provided they contain a brief statement of the\nissue(s) and meet all other requirements of 49 C.F.R. § 190.215. Unless the Associate\nAdministrator, upon request, grants a stay, the terms and conditions of this Final Order are\neffective upon service in accordance with 49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":12126}