{"operation":"document","citation":"CPF 520191005W","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 192.459, 192.481(a), 192.605(a), 192.705(a), 192.705(b), 192.731(c), 192.736(c), 192.807(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520191005w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520191005w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520191005w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520191005W","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),  192.705(a),  192.705(b),  192.731(c),  192.736(c),  192.807(b). 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\n520191005W_Operator Response to Notice_04242019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520191005W/520191005W_Operator%20Response%20to%20Notice_04242019.pdf\n\n520191005W_Warning Letter_01172019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520191005W/520191005W_Warning%20Letter_01172019.pdf\n\n520191005W_Warning Letter_01172019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520191005W/520191005W_Warning%20Letter_01172019_text.pdf\n\n520191005W_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 5-2019-1005W\nDear Mr. Martin:\nDuring the weeks of April 17 through 24, April 24 through 28, and August 7 through 11, 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 South Complex Facilities in 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. §192.731 Compressor stations: Inspection and testing of relief devices.\n(c) Each remote control shutdown device must be inspected and tested at intervals\nnot exceeding 15 months, but at least once each calendar year, to determine that it\nfunctions properly.\nKinder Morgan did not conduct an inspection and testing of relief devices per the required\ninterval, in accordance with §192.731(c). Kinder Morgan exceeded the 15 month interval for\ninspection and testing of relief devices at the Keystone Compressor Station for relief devices\nidentified as assets #63337, #63336, #35022, and #35021, during the calendar year 2014.\n\n\n\nAdditionally, Kinder Morgan's records (Maximo Work Order System) for inspection and testing\nof relief devices in calendar year 2015 are not consistent with the inspection dates on the records\nby the contractor who performed the inspections.\n2. §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:\nKeystone Compressor Station: Plant A, Plant B, and the Control Room.\n• Calendar Year 2014:\nControl Room - Testing occurred on 5/5/14, 8/19/14, 11/5/14, and 12/24/14. The\noperator exceeded the 4.5-month interval on 5/5/14.\n• Calendar Year 2015:\nPlant A - The operator did not perform testing at least 4 times each calendar year.\nTesting dates occurred on 4/22/15, 9/1/15, and 12/22/15.\nPlant B - The operator did not perform testing at least 4 times each calendar year. Testing\ndates occurred on 4/22/15, 9/1/15, and 12/22/15.\nControl Room - The operator did not perform testing at least 4 times each calendar year.\nTesting occurred on 5/7/15, 9/18/15, and 12/22/15.\n• Calendar Year 2016:\nPlant A - The operator did not perform testing at least 4 times each calendar year.\nTesting occurred on 4/21/16, 8/24/16, and 12/12/16.\n2\n\n\n\nPlant B - The operator did not perform testing at least 4 times each calendar year. Testing\noccurred on 4/21/16, 8/24/16, and 12/7/16.\nControl Room - The operator did not perform testing at least 4 times each calendar\nyear. Testing occurred on 4/21/16, 8/24/16, and 9/28/16.\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 Keystone 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.\n3. §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.\n4. §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\nofline\nAt highway and railroad\ncrossings At all other places\n3\n\n\n\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.\nWhile confirming road and railroad crossings through Kinder Morgan's GeoMap program, all\nroadway crossings were not identified, therefore, not patrolled twice per calendar year, NTE 7.5\nmonths.\n24\" Line Segment - Kinder Morgan did not patrol all road crossings in calendar year 2014 (only\npatrolled on 11/17/2014), calendar year 2015 (only patrolled on 8/27/2015), calendar year 2016\n(only patrolled on 9/21/2016), and the first interval of calendar year 2017 had not been patrolled\nat time of inspection, more than 7.5 months. The identified missed road crossings, but not\ninclusive of, were at CRl 03, SR/CRl 8, CR683, and SR/CR404.\n20\" Line Segment- Kinder Morgan did not patrol all road crossings in calendar year 2014: No\npatrol in the first part of 2014 (only patrolled on 12/17/2015), and exceeded interval from\ncalendar year 2015 to calendar year 2016 (patrolled on 12/5/2105, next patrol 7/18/2016).\nIdentified missed road crossings were on Line 1105.\n5. §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, which are\nexposed to the atmosphere, for evidence of atmospheric corrosion, at the following locations:\n• Benedum Junction (Midkiff, Texas): In the southern area of the station, below grade pipe\nexposed to atmosphere was observed in pit type structures. This pipe was not identified\n4\n\n\n\non Kinder Morgan's atmospheric corrosion inspection. Field staff were not aware of\nexposed pipe, and stated they had never looked into the pit prior to the field inspection.\n• Keystone Compressor Station: Two pit type structures with below grade piping exposed\nto the atmosphere were not on Kinder Morgan's atmospheric corrosion inspection list,\ntherefore, not being inspected.\n6. §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.\nKinder Morgan did not perform examinations of buried pipe when found exposed, in accordance\nwith §192.459. During the field inspection, long term exposed pipe was observed in the sand\ndunes areas outside of the Keystone Compressor Station. Shifting sands continuously expose\nareas of buried pipe. However, Kinder Morgan is performing atmospheric corrosion inspections\nrather than exposed piping examinations. No records were provided during the inspection to\ndemonstrate that Kinder Morgan performed an evaluation of the coating in these areas:\n7. §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 of individuals qualified to perform covered tasks, in\naccordance with§192.807(b). Kinder Morgan did not provide and maintain records for\nindividuals performing covered tasks at the Keystone Compressor Station. Kinder Morgan used\ncontractor personnel to perform annual inspections on over pressure protection relief devices\nduring calendar years 2015 and 2016. Kinder Morgan was unable to provide records that\ndemonstrated the contractor personnel were qualified to perform the covered task.\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\n5\n\n\n\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 5-2019-1005W. 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 (#155201)\n6","truncated":false,"body_characters":13401}