{"operation":"document","citation":"CPF 52022004WL","title":"SFPP, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-03-24","effective_on":null,"summary":"CLOSED warning letter citing 195.410(a)(1), 195.412(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022004wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022004wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022004wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52022004WL","body":"Warning Letter involving SFPP, LP. PHMSA's enforcement data identifies the cited regulations as 195.410(a)(1),  195.412(a). The case was opened on 2022-03-24 and is reported as closed as of 2022-03-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52022004WL_Warning Letter_03242022_(21-213391).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022004WL/52022004WL_Warning%20Letter_03242022_(21-213391).pdf\n\n52022004WL_Warning Letter_03242022_(21-213391)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022004WL/52022004WL_Warning%20Letter_03242022_(21-213391)_text.pdf\n\n52022004WL_Warning Letter_03242022_(21-213391)_text.pdf\n\nWARNING LETTER\nVIA E-MAIL TO MR. WAYNE SIMMONS\nMarch 24, 2022\nMr. Wayne Simmons\nChief Operating Officer – Products Pipelines\nKinder Morgan – SFPP, LP\n1001 Louisiana St., Suite 1000\nHouston, TX 77002\nCPF 5-2022-004-WL\nDear Mr. Simmons:\nOn May 19, 2021, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected\nthe right-of-way (ROW) for SFPP, LP, a subsidiary of Kinder Morgan, Inc., (Kinder Morgan)\npipeline section LS-12 between Kingvale and Truckee, California.\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. § 195.412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times each\ncalendar year, inspect the surface conditions on or adjacent to each pipeline right-\nof-way. Methods of inspection include walking, driving, flying or other appropriate\nmeans of traversing the right-of-way.\nKinder Morgan failed to inspect the surface conditions on or adjacent to each pipeline ROW.\nAccording to Kinder Morgan, it inspects the SFPP LS-12 pipeline segment by aerial patrol.\n\n\n\nHowever, during PHMSA’s on-site inspection, it was discovered that Kinder Morgan failed to\nmaintain the ROW on LS-12 in a condition suitable for aerial patrol. Specifically, in several\nlocations between Kingvale and Truckee, California, the ROW was observed to be severely\novergrown with vegetation and trees of varying sizes (est. 4-10 feet tall), or had a tree canopy\nobstructing visibility from the aerial patrol aircraft.1\nKinder Morgan’s failure to conduct ROW patrols on LS-12 is further evidenced by PHMSA’s\nobservation of a creek crossing with a cased unsupported span, where one end of the casing was\nhalfway exposed from the creek bank. Specifically, the west end of the unsupported cased creek\ncrossing behind the Kingvale CalTrans station was halfway exposed, likely placing additional\nexternal stress on the pipe.2\n2. § 195.410 Line markers.\n(a) Except as provided in paragraph (b) of this section, each operator shall place\nand maintain line markers over each buried pipeline in accordance with the\nfollowing:\n(1) Markers must be located at each public road crossing, at each railroad crossing,\nand in sufficient number along the remainder of each buried line so that its location\nis accurately known.\nKinder Morgan failed to maintain line markers in sufficient number along LS-12 so that its\nlocation is accurately known. Specifically, in Donner Memorial State Park, PHMSA observed\nthat line markers were not placed in a sufficient number to accurately identify the pipeline\nlocation. During the on-site inspection, the PHMSA inspector used normal methods of visual\nobservation, including walking around and looking in all directions, to discern the location of the\npipeline, but was unable to do so because the line markers were spaced widely apart and the\nROW curves in the park.3\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a\nrelated series of violations. For violation occurring on or after January 11, 2021 and before May\n3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation\npersists, up to a maximum of $2,225,034 for a related series of violations. For violation\noccurring on or after July 31, 2019 and before January 11, 2021, the maximum penalty may not\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for\na related series of violations. For violation occurring on or after November 27, 2018 and before\n1 See attached PHMSA photographs of the ROW taken during the on-site inspection.\nSince PHMSA’s on-site inspection, Kinder Morgan has made progress in the clearing of the ROW. In July 2021,\nthe company received approval for the clearing, and is now seeking permits from various agencies to conduct the\nclearing.\n2 See 49 C.F.R. § 195.401(b)(1) (requiring operators to make timely repairs upon the discovery of any condition that\ncould adversely affect the safe operation of its pipeline system).\n3 During the inspection, Kinder Morgan explained that park officials do not like the high visibility of tall markers.\n2\n\n\n\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,\n2015 and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to 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\nSFPP, LP being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2022-004-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, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#21-213391)\nJames Hosler, Assistant Deputy Director, California State Fire Marshal Pipeline Safety\nDivision, jim.hosler@fire.ca.gov\n3","truncated":false,"body_characters":6868}