# EL PASO NATURAL GAS CO — Warning Letter - **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:** Not available - **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. Official case documents: 520191005W_Operator Response to Notice_04242019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520191005W/520191005W_Operator%20Response%20to%20Notice_04242019.pdf 520191005W_Warning Letter_01172019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520191005W/520191005W_Warning%20Letter_01172019.pdf 520191005W_Warning Letter_01172019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520191005W/520191005W_Warning%20Letter_01172019_text.pdf 520191005W_Warning Letter_01172019_text.pdf WARNING LETTER CERTIFIED MAIL - RETURN RECEIPT REQUESTED January 17, 2019 Mr. Tom Martin President, Natural Gas Pipelines Kinder Morgan 1001 Louisiana Street, Suite 1000 Houston, TX 77002-5089 CPF 5-2019-1005W Dear Mr. Martin: During the weeks of April 17 through 24, April 24 through 28, and August 7 through 11, 2017, representatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected your El Paso Gas Pipeline, JAL South Complex Facilities in Texas. Based on our inspection findings, PHMSA determined that you have committed probable violations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR), Part 192. The deficiencies noted and the probable violations are: 1. §192.731 Compressor stations: Inspection and testing of relief devices. (c) Each remote control shutdown device must be inspected and tested at intervals not exceeding 15 months, but at least once each calendar year, to determine that it functions properly. Kinder Morgan did not conduct an inspection and testing of relief devices per the required interval, in accordance with §192.731(c). Kinder Morgan exceeded the 15 month interval for inspection and testing of relief devices at the Keystone Compressor Station for relief devices identified as assets #63337, #63336, #35022, and #35021, during the calendar year 2014. Additionally, Kinder Morgan's records (Maximo Work Order System) for inspection and testing of relief devices in calendar year 2015 are not consistent with the inspection dates on the records by the contractor who performed the inspections. 2. §192.736 Compressor stations: Gas detection. (c) Each gas detection and alarm system required by this section must be maintained to function properly. The maintenance must include performance tests. Kinder Morgan (KM) personnel did not adequately inspect their gas detection and alarm system at one of their compressor stations to ensure that they are being maintained to function properly. Kinder Morgan specified an inspecting and testing interval for these systems in their Operations and Maintenance (O&M) manual as required by 192.605(a). KM maintenance records indicate that they have not followed their procedure in accordance with their O&M Manual, specifically the mandated testing activities for their gas detection system. Kinder Morgan's Procedure 550, Testing of Gas and Fire Detection Systems, requires that interval testing of the gas detection system be conducted at least four (4) times each calendar year, not to exceed 4.5 months. Prior to 2014, the gas detection frequency was established to be conducted annually. A review of the gas detection testing records indicated that Kinder Morgan personnel did not conduct the performance tests at the revised frequency, as established by Procedure 550. Examples of non-compliance were found at the following locations: Keystone Compressor Station: Plant A, Plant B, and the Control Room. • Calendar Year 2014: Control Room - Testing occurred on 5/5/14, 8/19/14, 11/5/14, and 12/24/14. The operator exceeded the 4.5-month interval on 5/5/14. • Calendar Year 2015: Plant A - The operator did not perform testing at least 4 times each calendar year. Testing dates occurred on 4/22/15, 9/1/15, and 12/22/15. Plant B - The operator did not perform testing at least 4 times each calendar year. Testing dates occurred on 4/22/15, 9/1/15, and 12/22/15. Control Room - The operator did not perform testing at least 4 times each calendar year. Testing occurred on 5/7/15, 9/18/15, and 12/22/15. • Calendar Year 2016: Plant A - The operator did not perform testing at least 4 times each calendar year. Testing occurred on 4/21/16, 8/24/16, and 12/12/16. 2 Plant B - The operator did not perform testing at least 4 times each calendar year. Testing occurred on 4/21/16, 8/24/16, and 12/7/16. Control Room - The operator did not perform testing at least 4 times each calendar year. Testing occurred on 4/21/16, 8/24/16, and 9/28/16. Additionally, KM was not properly maintaining the gas detection alarm systems at the compressor stations. Kinder Morgan's procedure requires that the high-level detectors in compressor buildings be set to alarm at a high-level set point of 30-40% of the Lower Explosive Limit (LEL). Records for the Keystone Compressor Station for calendar years 2015, 2016, and through May 2017 indicated that the high-level alarms were set higher than the level established by the procedure. Records reviewed indicated the high-level alarms had been set above 40% of the LEL, sometimes as high as 50% of the LEL. 3. §192.605 Procedural manual for operations, maintenance, and emergencies. (a) General. Each operator shall prepare and follow for each pipeline, a manual of written procedures and conducting operations and maintenance activities and for emergency response. For transmission lines, the manual must also include procedures for handling abnormal operations. This manual must be reviewed and updated by the operator at intervals not exceeding 15 months, but at least once each calendar year. This manual must be prepared before operations of pipeline system commence. Appropriate parts of the manual must be kept at locations where operations and maintenance activities are conducted. Kinder Morgan's annual review and update of their procedural manual appears inadequate. The procedural manual is required by 192.605(e) to include procedures that address Continuing Surveillance, as prescribed in 192.613(a). Kinder Morgan records provided during the inspection could not substantiate that all activities in Procedure #218 for Continuing Surveillance were included in the annual review for calendar years 2014, 2015, and 2016. 4. §192.705 Transmission lines: Patrolling. (a) Each operator shall have a patrol program to observe surface conditions on and adjacent to the transmission right-of-way for indications of leaks, construction activity, and other factors affecting safety and operation. (b) The frequency of patrols is determined by the size of the line, the operating pressures, the class location, terrain, weather, and other relevant factors, but intervals between patrols may not be longer than prescribed in the following table: Maximum interval between patrols Class location ofline At highway and railroad crossings At all other places 3 1, 2 7½ months; but at least twice each calendar year 15 months; but at least once each calendar year. 3 4½ months; but at least four times each calendar year 7½ months; but at least twice each calendar year. 4 4½ months; but at least four times each calendar year 4½ months; but at least four times each calendar year. While confirming road and railroad crossings through Kinder Morgan's GeoMap program, all roadway crossings were not identified, therefore, not patrolled twice per calendar year, NTE 7.5 months. 24" Line Segment - Kinder Morgan did not patrol all road crossings in calendar year 2014 (only patrolled on 11/17/2014), calendar year 2015 (only patrolled on 8/27/2015), calendar year 2016 (only patrolled on 9/21/2016), and the first interval of calendar year 2017 had not been patrolled at time of inspection, more than 7.5 months. The identified missed road crossings, but not inclusive of, were at CRl 03, SR/CRl 8, CR683, and SR/CR404. 20" Line Segment- Kinder Morgan did not patrol all road crossings in calendar year 2014: No patrol in the first part of 2014 (only patrolled on 12/17/2015), and exceeded interval from calendar year 2015 to calendar year 2016 (patrolled on 12/5/2105, next patrol 7/18/2016). Identified missed road crossings were on Line 1105. 5. §192.481 Atmospheric corrosion control: Monitoring (a) Each operator must inspect each pipeline or portion of pipeline that is exposed to the atmosphere for evidence of atmospheric corrosion, as follows: If the pipeline is located: Then the frequency of inspection is: Onshore At least once every 3 calendar years, but with intervals not exceeding 39 months Offshore At least once each calendar year, but with intervals not exceeding 15 months Kinder Morgan did not identify and inspect multiple areas of aboveground pipe, which are exposed to the atmosphere, for evidence of atmospheric corrosion, at the following locations: • Benedum Junction (Midkiff, Texas): In the southern area of the station, below grade pipe exposed to atmosphere was observed in pit type structures. This pipe was not identified 4 on Kinder Morgan's atmospheric corrosion inspection. Field staff were not aware of exposed pipe, and stated they had never looked into the pit prior to the field inspection. • Keystone Compressor Station: Two pit type structures with below grade piping exposed to the atmosphere were not on Kinder Morgan's atmospheric corrosion inspection list, therefore, not being inspected. 6. §192.459 External corrosion control: Examination of buried pipeline when exposed. Whenever an operator has knowledge that any portion of a buried pipeline is exposed, the exposed portion must be examined for evidence of external corrosion if the pipe is bare, or if the coating is deteriorated. If external corrosion requiring remedial action under 192.483 through 192.489 is found, the operator shall investigate circumferentially and longitudinally beyond the exposed portion (by visual examination, indirect method, or both) to determine whether additional corrosion requiring remedial actions exists in the vicinity of the exposed portion. Kinder Morgan did not perform examinations of buried pipe when found exposed, in accordance with §192.459. During the field inspection, long term exposed pipe was observed in the sand dunes areas outside of the Keystone Compressor Station. Shifting sands continuously expose areas of buried pipe. However, Kinder Morgan is performing atmospheric corrosion inspections rather than exposed piping examinations. No records were provided during the inspection to demonstrate that Kinder Morgan performed an evaluation of the coating in these areas: 7. §192.807 Recordkeeping. (b) Records supporting an individual's current qualification shall be maintained while the individual is performing the covered task. Records of prior qualifications and records of individuals no longer performing covered tasks shall be retained for a period of five years. Kinder Morgan did not maintain records of individuals qualified to perform covered tasks, in accordance with§192.807(b). Kinder Morgan did not provide and maintain records for individuals performing covered tasks at the Keystone Compressor Station. Kinder Morgan used contractor personnel to perform annual inspections on over pressure protection relief devices during calendar years 2015 and 2016. Kinder Morgan was unable to provide records that demonstrated the contractor personnel were qualified to perform the covered task. Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed $209,002 per violation per day the violation persists, up to a maximum of $2,090,022 for a related series of violations. For violations occurring prior to November 2, 2015, the maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for a related series of violations. We have reviewed the circumstances and supporting documents involved in this case, and have decided not to conduct additional enforcement action or penalty assessment proceedings at this time. We advise you to correct the items identified in 5 this letter. Failure to do so will result in Kinder Morgan being subject to additional enforcement action. No reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 5-2019-1005W. Be advised that all material you submit in response to this enforcement action is subject to being made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must provide a second copy of the document with the portions you believe qualify for confidential treatment redacted and an explanation of why you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). Sincerely Chris Hoidal Acting Director, Western Region Pipeline and Hazardous Materials Safety Administration cc: PHP-60 Compliance Registry PHP-500 D. Fehling (#155201) 6 - **truncated:** false - **body characters:** 13401