{"operation":"document","citation":"CPF 520191003W","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 192.459, 192.481(a), 192.605(a), 192.615(c)(1), 192.705(a), 192.705(b), 192.736(c), 192.739(a)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520191003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520191003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520191003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520191003W","body":"Warning Letter involving EL PASO NATURAL GAS CO. PHMSA's enforcement data identifies the cited regulations as 192.459,  192.481(a),  192.605(a),  192.615(c)(1),  192.705(a),  192.705(b),  192.736(c),  192.739(a)(3). 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\n520191003W_Operator Response to Notice_04242019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520191003W/520191003W_Operator%20Response%20to%20Notice_04242019.pdf\n\n520191003W_Warning Letter_01182019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520191003W/520191003W_Warning%20Letter_01182019.pdf\n\n520191003W_Warning Letter_01182019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520191003W/520191003W_Warning%20Letter_01182019_text.pdf\n\n520191003W_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 5-2019-1003W\nDear Mr. Martin:\nDuring the weeks of April 17 through 21, April 24 through 28, and July 23 through 28, 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 Gas Pipeline,\nJAL North 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. §192.615 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 counties of Lea, New\nMexico, Yoakum, Texas, and Andrews, Texas, it was determined that Kinder Morgan was\nunable to provide documentation which established and maintained liaisons with public officials,\n\n\n\nin accordance with 192.615(c)(l). Records provided during the inspection only demonstrated\nthat liaisons were established and maintained with emergency responders.\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.\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 location:\nPlains Compressor Station -\nCalendar Year 2014 - The operator failed to perform inspections at least 4 times each\ncalendar year. Inspection dates occurred on 5/27/14, 9/15/14, and 11/7/14.\n2\n\n\n\nCalendar Year 2015 - The operator failed to perform inspections at least 4 times each calendar\nyear. Inspection dates occurred on 5/18/15, 9/11/15, and 12/9/15.\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).\nRecords for the Plains Compressor Station indicated that all of the high-level alarms were set\nhigher than the level established by the procedure. Records reviewed indicated the high-level\nalarms had been set 45% of the LEL.\n4. §192.739 Pressure limiting and regulating stations: Inspection and testing.\n(a) Each pressure limiting station, relief device (except rupture discs), and pressure\nregulating stations and its equipment must be subjected at intervals not exceeding\n15 months, but at least once each calendar year, to inspections and tests to\ndetermine that it is -\n(3) Except as provided in paragraph (b) of this section, set to control or relieve at\nthe correct pressure consistent with the pressure limits of 192.201(a).\nCalendar year 2015 records for the over-pressure protection relief device located on Line 1115 at\nthe Odessa Buckhorn Receipt indicated a set pressure of 780 pounds per square inch (psi), well\nabove the allowable maximum allowable operating pressure (MAOP) of 595 psi for Line 1115.\nThe records indicated the pressure was set to relieve above the 110% ofMAOP allowable by\n§192.201(a)(2)(i).\n5. §192.705 Transmission lines: Patrolling.\n(a) Each operator shall have a patrol program to observe surface conditions on and\nadjacent to the transmission right-of-way for indications of leaks, construction\nactivity, and other factors affecting safety and operation.\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\nof line\nAt highway and\nrailroad crossings 1, 2 7½ months; but at\nleast twice each\ncalendar year\nAt all other places\n15 months; but at least\nonce each calendar\nyear.\n3\n\n\n\n3 4½ months; but at least four times each calendar year 7½ months; but at\nleast twice each\ncalendar year.\n4 4½ months; but at\nleast four times each\ncalendar year 4½ months; but at\nleast four times each\ncalendar year.\nWhile confirming highway and railroad crossings through Kinder Morgan's GeoMap program,\nall crossings in Class Locations 1 and 2 were not identified, therefore, not patrolled twice per\ncalendar year, not to exceed (NTE) 7.5 months and/or locations exceeded the intervals at the\nfollowing locations:\n• Line 1103 - 9/1/2015 PM 585403 WO 15-527173, patrolling survey failed to include road\ncrossings at Frying Pan Rd (Hwy 3) and Cheyenne Draw Rd (CR 103).\n• Line 1103 - 2/23/2016 PM 585403 WO 15-904548, patrolling survey failed to include\nroad crossings at Frying Pan Rd (Hwy 3) and Cheyenne Draw Rd (CR 103)\n• Line 1103 - 1/12/2017 PM 585403 WO 16-883593, patrolling survey failed to included\nroad crossings at Cheyenne Draw Rd (CR 103) and Dinwiddie Lane.\n• Line 1115 - 2014 highway and railroad crossing identify four (4) crossings that don't\nappear on the 2015 through July 2017 records. CR 540 does not appear on any patrolling\nrecords but was confirmed through Kinder Morgan's Geo Map as a road crossing at Mile\nPost (MP) 27. Therefore, these road crossings were not being patrolled in 2015 through\nJuly 2017.\n• Line 1115 - MP 33 to MP 55: 2014 through 2017 records do not identify road crossings\nat MP 38-39 (NW 9500 Rd) or MP 42 (CR 328), therefore, indicating they were not\npatrolled.\n• Line 1100 - Highway and railroad crossing were only patrolled once in calendar year\n2015 (WO#15-527210 on July 14, 2015).\n• Line 1115 - Highway and railroad crossings patrolling survey exceeded the 7.5 month\nintervals from 8/18/2014 to 6/17/2015, 11/20/2015 to 7/20/2016, and 11/29/2016 to\n7/17/2017.\n• Line 3075 - PM 646772 WO 17-547001 exceeded the 7.5-month interval from 3/8/16 to\n10/24/16.\n• Line 1102 (168 + 2852 to 202 + 3967) - PM 646765 WO 17-547015 exceeded the 7.5-\nmonth interval from 5/23/16 to 3/6/17.\n• Line 1119 - PM 646770 WO 17-546996 exceeded the 7.5-month interval from 5/23/16 to\n3/6/17.\n4\n\n\n\n6. §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\nKinder Morgan did not identify and inspect multiple areas of aboveground pipe exposed to the\natmosphere, for evidence of atmospheric corrosion, including:\nEunice Compressor Station:\nAboveground pipe was observed to be housed in a below grade pit type structure. The\npipe was exposed to the atmosphere within the pit area, located just outside of the Eunice\nStation. Field staff stated they only perform a visual inspection from above, failing to\ninspect the bottom half of the pipe that is exposed to the atmosphere.\nKinder Morgan was not performing adequate atmospheric corrosion inspection on each pipeline\nor portion of pipeline that is exposed to the atmosphere.\n7. §192.459 External corrosion control: Examination of buried pipeline when exposed.\nWhenever an operator has knowledge that any portion of a buried pipeline is\nexposed, the exposed portion must be examined for evidence of external corrosion if\nthe pipe is bare, or if the coating is deteriorated. If external corrosion requiring\nremedial action under 192.483 through 192.489 is found, the operator shall\ninvestigate circumferentially and longitudinally beyond the exposed portion (by\nvisual examination, indirect method, or both) to determine whether additional\ncorrosion requiring remedial actions exists in the vicinity of the exposed portion.\nWhile reviewing patrolling records, records indicated exposed buried pipe was identified during\nthe patrolling. However, the exposed pipe was not inspected to determine if the coating was\ndeteriorating, and no exposed piping report was completed at the following areas:\n• Line 1115 - During the April 12, 2016 (5/3/2016 Completion Date) patrolling of this line\n(WO# 16-117903, PM3060), a section of exposed pipe was identified at coordinates (N\n32.491031, W -102.913403).\n• Line 1100 - During the July 14, 2015 patrolling of this line (WO# 15-412239, PM2313),\nseven (7) sections of buried pipe were identified as exposed.\n5\n\n\n\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 5-2019-1003W. 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 (#155200)\n6","truncated":false,"body_characters":13431}