{"operation":"document","citation":"CPF 52022036WL","title":"SFPP, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-04-08","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022036wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022036wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022036wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52022036WL","body":"Warning Letter involving SFPP, LP. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2022-04-08 and is reported as closed as of 2022-04-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52022036WL_Operator Response to Notice_05062022_(21-210445).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022036WL/52022036WL_Operator%20Response%20to%20Notice_05062022_(21-210445).pdf\n\n52022036WL_Warning Letter_04082022_(21-210445).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022036WL/52022036WL_Warning%20Letter_04082022_(21-210445).pdf\n\n52022036WL_Warning Letter_04082022_(21-210445)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022036WL/52022036WL_Warning%20Letter_04082022_(21-210445)_text.pdf\n\n52022036WL_Warning Letter_04082022_(21-210445)_text.pdf\n\nWARNING LETTER\nVIA E-MAIL TO MR. WAYNE SIMMONS\nApril 8, 2022\nMr. Wayne Simmons\nChief Operating Officer\nKinder Morgan, Inc.\n1001 Louisiana Street, Suite 1000\nHouston, Texas 77002\nCPF 5-2022-036-WL\nDear Mr. Simmons:\nFrom March 7 through March 11, 2022, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\nand in agreement with the CAL FIRE - Office of the State Fire Marshal (OSFM), inspected\nKinder Morgan, Inc.’s (KMI) anomaly repairs associated with selective seam weld corrosion in\nSan Joaquin and Contra Costa Counties, California. These anomalies are subject to a Notice of\nProposed Safety Order issued to KMI on October 21, 2021.1 CPF 5-2021-056-NOPSO.\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 In April 2021, KMI reported to PHMSA that it missed the time period to remediate over 2,700 anomalies (this\nnumber has since been updated to over 3,000 anomalies) occurring on or along the longitudinal seam welds across\nvarious liquid pipeline assets traversing high consequence areas (HCAs) or HCA could-affect areas in numerous states.\n\n\n\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. . .\nKMI failed to follow its manual of written procedures for conducting normal operations and\nmaintenance activities.\nDuring the inspection, PHMSA observed KMI install a B-Sleeve on LS-9 of the SFPP pipeline at\nJoint #92410. During the repair, PHMSA observed contract welders not following KMI’s\nWelding Procedure Specification #407.103, Rev. August 11, 2021.2\nSpecifically, the welders failed to follow:\n1. QW-404 – Filler Metal (page 2) which requires welding rod AWS No. E6010 on the root\npass weld of the Standard V-Bevel Butt Joint.\nDuring the inspection, the welders confirmed to PHMSA that AWS No. E7018 was incorrectly\nused for the root pass weld.\n2. QW-404 Filler Metal (page 2) under subsection Line-Up Clamp for Sleeve Longitudinal\nWelds, it states: “External chain load binder or other supporting device as required shall\nbe held in place until a minimum of 90 percent of the root pass of both longitudinal welds\nis completed.”\nDuring the inspection, PHMSA observed the line-up clamps to have been removed at\napproximately 61% of the root pass of both longitudinal weld completion.3\n2. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. . .\nKMI failed to follow its manual of written procedures for conducting normal operations and\nmaintenance activities.\nDuring the inspection, PHMSA observed KMI contractors (ARB, Inc.) excavating a portion of\nLS-72 of the SFPP pipeline at Joint #5620.\n2 Section 195.10 states that, although an operator may make arrangements with another person for the performance of\nany action required by Part 195, the operator is not relieved from its responsibility for compliance with any\nrequirements set forth in Part 195.\n3 PHMSA understands that the line-up clamp percentage requirement was added to KMI’s written procedure after\nobservations and discussions with the Virginia State Corporation Commission following an anomaly repair in 2021.\n2\n\n\n\nDuring the excavations, PHMSA observed workers using power tools/equipment within 24” of\nthe pipeline.\nPer KMI’s written procedure “L-O&M Construction Near Company Facilities, Revised February\n10, 2021, Section 3.9 Excavating Lines and Excavating Near Other Utilities, Subsection 3.9.1\nKM initiated and Third Party Excavation Activities,” Item F states: “[o]nce the pipeline is\nexposed, no power equipment shall dig closer than 24” (610 mm) or as specified by\nstate/provincial law, whichever is more stringent, to any point on the circumference of the\npipeline and probing shall be done during excavation.”\nSection 3.18 of the procedure also allows for a waiver or variance request, but an approved\nrequest was not made available to PHMSA during the inspection.\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\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\nKinder Morgan, Inc. 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 5-2022-036-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\n3\n\n\n\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 D. Fehling (#21-210445)\nJim Hosler, Asst. Deputy Director, Chief of Pipeline Safety and CUPA Programs, CAL\nFIRE - Office of the State Fire Marshal\nHuy Nguyen, Supervising Pipeline Safety Engineer, CAL FIRE - Office of the State Fire\nMarshal\n4","truncated":false,"body_characters":7907}