{"operation":"document","citation":"CPF 520191001W","title":"EL PASO NATURAL GAS CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-01-18","effective_on":null,"summary":"CLOSED warning letter citing 192.605(a), 192.705(b), 192.736(c), 192.745(a), 192.807(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520191001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520191001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520191001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520191001W","body":"Warning Letter involving EL PASO NATURAL GAS CO. PHMSA's enforcement data identifies the cited regulations as 192.605(a),  192.705(b),  192.736(c),  192.745(a),  192.807(b). The case was opened on 2019-01-18 and is reported as closed as of 2019-01-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520191001W_Operator Response to Notice_04172019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520191001W/520191001W_Operator%20Response%20to%20Notice_04172019.pdf\n\n520191001W_Warning Letter_01182019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520191001W/520191001W_Warning%20Letter_01182019.pdf\n\n520191001W_Warning Letter_01182019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520191001W/520191001W_Warning%20Letter_01182019_text.pdf\n\n520191001W_Warning Letter_01182019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 18, 2019\nMr. Tom Martin\nPresident, Natural Gas Pipelines\nKinder Morgan\n1001 Louisiana Street, Suite 1000\nHouston, TX 77002-5089\nCPF 5-2019-1001W\nDear Mr. Martin:\nDuring the weeks of April 17 through 24, April 24 through 28, and August 14 through 18, 2017,\nrepresentatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA),\npursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected your El Paso Natural Gas\nPipeline, Waha Complex facilities in New Mexico and Texas.\nBased on our inspection findings, PHMSA determined that you have committed probable\nviolations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR), Part\n192. The deficiencies noted and the probable violations are:\n1. §192.736 Compressor stations: Gas detection.\n(c) Each gas detection and alarm system required by this section must be\nmaintained to function properly. The maintenance must include performance tests.\nKinder Morgan (KM) personnel did not adequately inspect their gas detection and alarm system\nat two of their compressor stations to ensure that they are being maintained to function properly.\nKinder Morgan specified an inspecting and testing interval for these systems in their Operations\nand Maintenance (O&M) manual as required by 192.605(a). KM maintenance records indicate\n\n\n\nthat they have not followed their procedure in accordance with their O&M Manual, specifically\nthe mandated testing activites for their gas detection system.\nKinder Morgan's Procedure 550, Testing of Gas and Fire Detection Systems, requires that\ninterval testing of the gas detection system be conducted at least four (4) times each calendar\nyear, not to exceed 4.5 months. Prior to 2014, the gas detection frequency was established to be\nconducted annually.\nA review of the gas detection testing records indicated that Kinder Morgan personnel did not\nconduct the performance tests at the revised frequency, as established by Procedure 550.\nExamples of non compliance were found at the following locations:\n• Puckett Compressor Station - Gas detection testing records provided for calendar\nyear 2014 documented an actual finish date of 2013. No other testing records\ndemonstrating completion in calendar year 2014 were provided.\n• Wink Compressor Station - Gas detection testing records for calendar year 2014\nindicated the second and third quarterly testing occurred on the same date in August.\nThe records provided indicate inspection and testing dates were performed on 5/1/14,\n8/19/14, and 12/24/14. Therefore, personnel failed to test the hazardous gas detector\nat the Wink Compressor Station four times per calendar year, per the procedure.\nAdditionally, KM was not properly maintaining the gas detection alarm systems at the\ncompressor stations. Kinder Morgan's procedure requires that the high-level detectors in\ncompressor buildings be set to alarm at a high-level set point of 30-40% of the Lower Explosive\nLimit (LEL). Records for the Wink Compressor Station for calendar years 2015, 2016, and\nthrough May 2017 indicated that the high-level alarms were set higher than the level established\nby the procedure. Records reviewed indicated the high-level alarms had been set above 40% of\nthe LEL, sometimes as high as 50% of the LEL.\n2. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of\nwritten procedures and conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least once each\ncalendar year. This manual must be prepared before operations of pipeline system\ncommence. Appropriate parts of the manual must be kept at locations where\noperations and maintenance activities are conducted.\nKinder Morgan's annual review and update of their procedural manual appears inadequate. The\nprocedural manual is required by 192.605(e) to include procedures that address Continuing\nSurveillance, as prescribed in 192.613(a). Kinder Morgan records provided during the inspection\ncould not substantiate that all activities in Procedure #218 for Continuing Surveillance were\nincluded in the annual review for calendar years 2014, 2015, and 2016.\n2\n\n\n\n3. §192.745 Valve maintenance: Transmission lines.\n(a) Each transmission line valve that might be required during any emergency must\nbe inspected and partially operated at intervals not exceeding 15 months, but at\nleast once each calendar year.\nKinder Morgan records reviewed could not demonstrate that the required valve maintenance was\ncompleted for each valve on the Waha Complex transmission pipeline facilities. A review of the\nrecords indicated the following apparent non-compliances:\n• Line 3161: Valve inspection records for 2013 indicate different valve equipment\ndescriptions as the valve inspection records for 2014, 2015, and 2016. There was no\nindication on anv of the records that valves had been replaced or re-numbered.\nAdditionally, the 2016 valve maintenance records did not provide the valve size,\nmanufacturer, or description in order to cross reference to the 2013, 2014, and 2015\nrecords.\n• Line 3173: Valve inspection records provided for block valves #0 and #1 did not\ncontain inspection dates or the names of the individuals conducting the valve\ninspection.\nBased on the inconsistent recordkeeping, and lack of information/traceability contained within\nthe records, compliance with 49 CPR§ 192.745(a) could not be determined.\n4. §192.705 Transmission lines: Patrolling.\n(b) The frequency of patrols is determined by the size of the line, the operating\npressures, the class location, terrain, weather, and other relevant factors, but\nintervals between patrols may not be longer than prescribed in the following table:\nMaximum interval between patrols\nClass\nlocation\nofline\nAt highway and railroad\ncrossings At all other places\n1, 2 7½ months; but at least twice\neach calendar year\n15 months; but at least once\neach calendar year.\n3 4½ months; but at least four\ntimes each calendar year\n7½ months; but at least twice\neach calendar year.\n4 4½ months; but at least four\ntimes each calendar year\n4½ months; but at least four\ntimes each calendar year.\n3\n\n\n\nKinder Morgan did not patrol all of the line section crossings at the required patrol frequency.\nThe records reviewed during the inspection revealed the following line section exceeded the\nmaximum time interval between patrols:\nLine 3153:\nCalendar Year 2014: Kinder Morgan did not perform patrolling on their highway and\nrailroad crossings in their Class 1 locations, twice per calendar year, not to exceed (NTE)\n7.5 months. The records revealed that this line segment was only patrolled once in May\n2014. No records were provided to demonstrate a second patrol occurred in 2014.\nCalendar Year 2016: Kinder Morgan did not perform patrolling on all of their highway\nand railroad crossings in their Class 1 locations, twice per calendar year, NTE 7.5\nmonths. The 2016 patrol records indicate this segment was only patrolled on 12/12/2016.\n5. §192.807 Recordkeeping.\n(b) Records supporting an individual's current qualification shall be maintained\nwhile the individual is performing the covered task. Records of prior qualifications\nand records of individuals no longer performing covered tasks shall be retained for\na period of five years.\nKinder Morgan did not maintain records for all individuals performing covered tasks at the Wink\nCompressor Station. We understand that Kinder Morgan used contractor personnel to perform\nannual inspections on the over pressure protection relief devices, but was unable to provide\nrecords to demonstrate that the contracted individuals were qualified to perform the covered task\nin calendar years 2015 and 2016.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$209,002 per violation per day the violation persists, up to a maximum of $2,090,022 for a\nrelated series of violations. For violations occurring prior to November 2, 2015, the maximum\npenalty may not exceed $200,000 per violation per day, with a maximum penalty not to exceed\n$2,000,000 for a related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement action\nor penalty assessment proceedings at this time. We advise you to correct the items identified in\nthis letter. Failure to do so will result in Kinder Morgan being subject to additional enforcement\naction.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2019-1001W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\n4\n\n\n\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely\nChris Hoidal\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D.Fehling (#155198)\n5","truncated":false,"body_characters":10452}