{"operation":"document","citation":"CPF 52021006WL","title":"KINDER MORGAN CO2 CO. LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-03-15","effective_on":null,"summary":"CLOSED warning letter citing 195.222(a), 195.228(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021006wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021006wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021006wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021006WL","body":"Warning Letter involving KINDER MORGAN CO2 CO. LLC. PHMSA's enforcement data identifies the cited regulations as 195.222(a),  195.228(a). The case was opened on 2021-03-15 and is reported as closed as of 2021-03-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021006WL_Warning Letter_03152021_(20-191754).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021006WL/52021006WL_Warning%20Letter_03152021_(20-191754).pdf\n\n52021006WL_Warning Letter_03152021_(20-191754)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021006WL/52021006WL_Warning%20Letter_03152021_(20-191754)_text.pdf\n\n52021006WL_Warning Letter_03152021_(20-191754)_text.pdf\n\nWARNING LETTER\nVIA E-MAIL TO MR. JESSE ARENIVAS\nMarch 15, 2021\nMr. Jesse Arenivas\nPresident, CO2 Pipelines\nKinder Morgan CO2\n1001 Louisiana St, Suite 1000\nHouston, TX 77002\nCPF 5-2021-006-WL\nDear Mr. Arenivas:\nFrom September 28 through October 2, 2020, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected Kinder Morgan CO2’s procedures and records associated with welding,\ninspections, certifications, and operator qualifications in Houston, Texas.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 195.222 - Welders and welding operators: Qualification of welders and welding\noperators.\n(a) Each welder or welding operator must be qualified in accordance with section 6,\nsection 12, Appendix A or Appendix B of API Std 1104 (incorporated by reference,\nsee § 195.3), or section IX of the ASME Boiler and Pressure Vessel Code (ASME\nBPVC), (incorporated by reference, see § 195.3) except that a welder or welding\noperator qualified under an earlier edition than listed in § 195.3, may weld but may\nnot requalify under that earlier edition.\nWelding qualification records failed to show that the welder remained within the welding\nparameters during the qualifying test. Travel speed is an essential variable shown in both Kinder\n\n\n\nMorgan’s Welding Procedure Specification, Procedure #407.A223A (Revised August 31, 2012,\nand Procedure # 407.027B (Revised October 1, 2005). Additionally, these procedures indicate\nthat the maximum time between the End of Root Bead and Start of 2nd Bead is 5 minutes (also\nan essential variable).\nWelding qualifications for an employee (dated April 26, 2018) fail to demonstrate that he was\nqualified to the procedure due to missing data including travel speed for each pass, the voltage\nand ampere range for each pass, and the time between the end of the root pass and the start of the\nsecond bead pass.\n2. § 195.228 - Welds and welding inspection: Standards of acceptability.\n(a) Each weld and welding must be inspected to insure compliance with the\nrequirements of this subpart. Visual inspection must be supplemented by\nnondestructive testing.\nDuring a review of repair records associated with the B-Sleeve installation and Final Magnetic\nParticle (MT) reports, the records fail to identify the names or initials/stencils of the welders who\nperformed the welding of the installed sleeves. The records indicate a “NV\" for the welder’s\nidentification. The operator initially could not explain what “NV” meant. After several phone\ncalls to the vendor who provided the welding inspections, “NV” was identified as “Not\nVerified.”\nThe Non-Destructive Testing (NDT) records provided to demonstrate weld and welding\ninspection fail to identify who performed the welds for the B-Sleeve installations.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a\nrelated series of violations. For violation occurring on or after July 31, 2019 and before January\n11, 2021, the maximum penalty may not exceed $218,647 per violation per day the violation\npersists, up to a maximum of $2,186,465 for a related series of violations. For violation\noccurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may\nnot exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\nFor violation occurring on or after November 2, 2015 and before November 27, 2018, the\nmaximum penalty may not exceed $209,002 per violation per day, with a maximum penalty not\nto exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nKinder Morgan CO2 being subject to additional enforcement action.\n2\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2021-006-WL. 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,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#20-191754)\n3","truncated":false,"body_characters":5761}