{"operation":"document","citation":"CPF 520191002W","title":"EL PASO NATURAL GAS CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-01-17","effective_on":null,"summary":"CLOSED warning letter citing 192.479(a), 192.481(a), 192.605(a), 192.615(c)(1), 192.705(b), 192.709(c), 192.736(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520191002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520191002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520191002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520191002W","body":"Warning Letter involving EL PASO NATURAL GAS CO. PHMSA's enforcement data identifies the cited regulations as 192.479(a),  192.481(a),  192.605(a),  192.615(c)(1),  192.705(b),  192.709(c),  192.736(c). The case was opened on 2019-01-17 and is reported as closed as of 2019-01-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520191002W_Operator Response to Notice_04172019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520191002W/520191002W_Operator%20Response%20to%20Notice_04172019.pdf\n\n520191002W_Warning Letter_01172019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520191002W/520191002W_Warning%20Letter_01172019.pdf\n\n520191002W_Warning Letter_01172019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520191002W/520191002W_Warning%20Letter_01172019_text.pdf\n\n520191002W_Warning Letter_01172019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 17, 2019\nMr. Tom Martin\nPresident, Natural Gas Pipelines\nKinder Morgan\n1001 Louisiana Street, Suite 1000\nHouston, TX 77002-5089\nCPF 5-2019-1002W\nDear Mr. Martin:\nDuring the weeks of April 17 through 24, April 24 through 28, June 5 through 9, and June 12\nthrough 16, 2017, representatives of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected your El Paso\nNatural Gas Pipeline, Deming East Complex Facilities, located 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:\n\n\n\n1. §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 was unable to provide documentation that a review or update of the emergency\nmanual occurred in calendar years 2014 and 2015, for the Deming East Complex.\n2. §192.615 Emergency Plans.\n(c) Each operator shall establish and maintain liaison with appropriate fire, police,\nand other public officials to:\n(1) Learn the responsibility and resources of each government organization that\nmay respond to a gas pipeline emergency;\nWhile reviewing records for calendar years 2014 through 2016 for the City of Deming and Luna\nCounty, it was determined that the operator failed to establish and maintain liaisons with public\nofficials. Only records demonstrating liaison with emergency responders were provided during\nthe inspection.\n3. §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 one 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\nthat they have not followed their procedure in accordance with their O&M Manual, specifically\nthe mandated testing activities 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:\n2\n\n\n\n• Lordsburg Compressor Station: Plant A - 6 gas detectors, Plant B - 3 gas detectors, Plant\nC - 3 gas detectors.\nCalendar Year 2014: Only one inspection occurred during this year, on 7/17/2014.\nCalendar Year 2015: Plant C - Records failed to demonstrate that all three gas detectors\nwere inspected during each quarter (March/June/September/December).\nCalendar Year 2016: Plant C - Records failed to demonstrate that all three gas detectors\nwere inspected during each quarter (April/July/September/December).\n4. §192.709 Transmission lines: Record keeping.\nEach operator shall maintain the following records for transmission lines for the\nperiods specified:\n(c) A record of each patrol, survey, inspection, and test required by subparts Land\nM of this part must be retained for at least 5 years or until the next patrol, survey,\ninspection, or test is completed, whichever is longer.\nKinder Morgan was unable to provide records that demonstrated compliance for continuing\nsurveillance in calendar year 2014, in accordance with their procedure O&M Manual, Procedure\n#218- Continuing Surveillance, and §192.613(a).\n5. §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 2015 and 2016.\n6. §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:\n3\n\n\n\nMaximum interval between patrols\nClass\nlocation\nofline\n1, 2 At highway and railroad\ncrossings 7½ mop.ths; but at least twice\neach calendar year\nAt all other places\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.\nPatrolling records for 2013 did not demonstrate that Kinder Morgan patrolled Line 1005 (East\nZone District Division Line - Florida Station to Gage Station) twice in the calendar year. Only\none patrol occurred on July 22, 2013.\n7. §192.479 Atmospheric corrosion control: General\n(a) Each operator must clean and coat each pipeline or portion of pipeline that is\nexposed to the atmosphere, except pipelines under paragraph (c) of this section.\nKinder Morgan did not clean and coat pipelines or portions of pipelines that were exposed to the\natmosphere at the following location:\n• Line 1005 (Old Station #4) had no coating on aboveground piping.\n8. §192.481 Atmospheric corrosion control: Monitoring\n(a) Each operator must inspect each pipeline or portion of pipeline that is exposed to\nthe atmosphere for evidence of atmospheric corrosion, as follows:\nIf the pipeline is\nlocated: Then the frequency of inspection is:\nOnshore At least once every 3 calendar years, but with\nintervals not exceeding 39 months\nOffshore At least once each calendar year, but with intervals\nnot exceeding 15 months\n4\n\n\n\nKinder Morgan was not conducting atmospheric inspections that could adequately assess the\nlevel of atmospheric corrosion. During the field inspection of Block Valve #41 ¼ on Line 1600,\nthe valve was observed to be housed in a below grade pit type structure. The valve was exposed\nto the atmosphere within the pit area. When asked about performing atmospheric corrosion\ninspections on the entire exposed area (360°), field staff stated they do not go into the pit to\ncheck for evidence of corrosion, they only observe from above.\nKinder Morgan was not performing adequate atmospheric corrosion inspection on each pipeline\nor portion of pipeline that is exposed to the atmosphere. The inspection must be conducted so\nany evidence of atmospheric corrosion can be evaluated.\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 item(s) 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 5-2019-1002W. 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\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 (#155199)\n5","truncated":false,"body_characters":10870}