{"operation":"document","citation":"CPF 52023010WL","title":"CENTRAL FLORIDA PIPELINE CORP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-04-04","effective_on":null,"summary":"CLOSED warning letter citing 195.452(h)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023010wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023010wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023010wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52023010WL","body":"Warning Letter involving CENTRAL FLORIDA PIPELINE CORP. PHMSA's enforcement data identifies the cited regulation as 195.452(h)(1). The case was opened on 2023-04-04 and is reported as closed as of 2023-05-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52023010WL_Operator Response to Notice_04252023_(22-232552).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023010WL/52023010WL_Operator%20Response%20to%20Notice_04252023_(22-232552).pdf\n\n52023010WL_Warning Letter (Amended)_05092023_(22-232552).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023010WL/52023010WL_Warning%20Letter%20(Amended)_05092023_(22-232552).pdf\n\n52023010WL_Warning Letter (Amended)_05092023_(22-232552)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023010WL/52023010WL_Warning%20Letter%20(Amended)_05092023_(22-232552)_text.pdf\n\n52023010WL_Warning Letter_04042023_(22-232552).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023010WL/52023010WL_Warning%20Letter_04042023_(22-232552).pdf\n\n52023010WL_Warning Letter_04042023_(22-232552)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023010WL/52023010WL_Warning%20Letter_04042023_(22-232552)_text.pdf\n\n52023010WL_Warning Letter (Amended)_05092023_(22-232552)_text.pdf\n\nAMENDED WARNING LETTER\nVIA ELECTRONIC MAIL TO:\nMay 9, 2023\nMr. Wayne Simmons\nChief Operating Officer-Products Pipeline\nKinder Morgan, Inc.\n1001 Louisiana St., Suite 1000\nHouston, TX 77002\nCPF 5-2023-010-WL\nDear Mr. Simmons:\nFrom March 7, 2022 through September 9, 2022, 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 your Central Florida Pipeline from Tampa, Florida to Orlando, Florida.\nAs a result of the inspection, it is alleged that Central Florida Pipeline Corp (CFPL)1 committed\na probable violation of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations\n(CFR). The item inspected, and the probable violation is:\n1 Central Florida Pipeline Corp is a subsidiary of Kinder Morgan, Inc.\n\n\n\n1. § 195.452 Pipeline integrity management in high consequence areas?\n(a) . . . .\n(h) What actions must an operator take to address integrity issues?\n(1) General requirements. An operator must take prompt action to address all\nanomalous conditions in the pipeline that the operator discovers through the\nintegrity assessment or information analysis. In addressing all conditions, an\noperator must evaluate all anomalous conditions and remediate those that could\nreduce a pipeline's integrity, as required by this part. An operator must be able to\ndemonstrate that the remediation of the condition will ensure that the condition is\nunlikely to pose a threat to the long-term integrity of the pipeline. An operator must\ncomply with all other applicable requirements in this part in remediating a\ncondition. Each operator must, in repairing its pipeline systems, ensure that the\nrepairs are made in a safe and timely manner and are made so as to prevent damage\nto persons, property, or the environment. The calculation method(s) used for\nanomaly evaluation must be applicable for the range of relevant threats.\n(i) Temporary pressure reduction. An operator must notify PHMSA, in accordance\nwith paragraph (m) of this section, if the operator cannot meet the schedule for\nevaluation and remediation required under paragraph (h)(3) of this section and\ncannot provide safety through a temporary reduction in operating pressure.\n(ii) Long-term pressure reduction. When a pressure reduction exceeds 365 days, the\noperator must notify PHMSA in accordance with paragraph (m) of this section and\nexplain the reasons for the delay. An operator must also take further remedial\naction to ensure the safety of the pipeline.\nFollowing the discovery of integrity issues, Central Florida Pipeline Corp (CFPL) established a\npressure reduction to last until repairs are completed.2,3 CFPL exceeded its reduced operating\npressure on January 2, 2022 and February 10, 2022.4 In exceeding the limits placed on the\nCentral Florida Pipeline, CFPL failed to comply with §195.452(h)(1).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a\nrelated series of violations. For violation occurring on or after March 21, 2022 and before\nJanuary 6, 2023, the maximum penalty may not exceed $239,142 per violation per day the\nviolation persists, up to a maximum of $2,391,142 for a related series of violations. For violation\noccurring on or after May 3, 2021 and before March 21, 2022, the maximum penalty may not\nexceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for\na related series of violations. For violation occurring on or after January 11, 2021 and before\nMay 3, 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\n2§195.452(b)(6) requires operators to follow recognized industry practices in carrying out integrity management\nprogram activities, such as pressure reduction.\n3 §192.933(a)(1) provides information about determining pressure reduction parameters.\n4 Initial warning letter mistakenly identified four instances of exceedance.\n\n\n\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 item identified in this letter. Failure to do so will result in\nCentral Florida Pipeline Corp. 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 5-2023-010-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 Z. Wynkoop, M. Flaherty (#22-232552)\nJaime Hernandez – DOT Compliance Primary\n\n52023010WL_Warning Letter_04042023_(22-232552)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO:\nApril 4, 2023\nMr. Wayne Simmons\nChief Operating Officer-Products Pipeline\nKinder Morgan, Inc.\n1001 Louisiana St., Suite 1000\nHouston, TX 77002\nCPF 5-2023-010-WL\nDear Mr. Simmons:\nFrom March 7, 2022, through September 9, 2022, 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 your Central Florida Pipeline from Tampa, Florida to Orlando, Florida.\nAs a result of the inspection, it is alleged that Central Florida Pipeline Corp (CFPL)1 committed\na probable violation of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations\n(CFR). The item inspected, and the probable violation is:\n1. § 195.452 Pipeline integrity management in high consequence areas?\n(a) . . . .\n(h) What actions must an operator take to address integrity issues?\n(1) General requirements. An operator must take prompt action to address all\nanomalous conditions in the pipeline that the operator discovers through the\nintegrity assessment or information analysis. In addressing all conditions, an\noperator must evaluate all anomalous conditions and remediate those that could\n1 Central Florida Pipeline Corp is a subsidiary of Kinder Morgan, Inc.\n\n\n\nreduce a pipeline's integrity, as required by this part. An operator must be able to\ndemonstrate that the remediation of the condition will ensure that the condition is\nunlikely to pose a threat to the long-term integrity of the pipeline. An operator must\ncomply with all other applicable requirements in this part in remediating a\ncondition. Each operator must, in repairing its pipeline systems, ensure that the\nrepairs are made in a safe and timely manner and are made so as to prevent damage\nto persons, property, or the environment. The calculation method(s) used for\nanomaly evaluation must be applicable for the range of relevant threats.\n(i) Temporary pressure reduction. An operator must notify PHMSA, in accordance\nwith paragraph (m) of this section, if the operator cannot meet the schedule for\nevaluation and remediation required under paragraph (h)(3) of this section and\ncannot provide safety through a temporary reduction in operating pressure.\n(ii) Long-term pressure reduction. When a pressure reduction exceeds 365 days, the\noperator must notify PHMSA in accordance with paragraph (m) of this section and\nexplain the reasons for the delay. An operator must also take further remedial\naction to ensure the safety of the pipeline.\nFollowing the discovery of integrity issues, Central Florida Pipeline Corp (CFPL) established a\npressure reduction to last until repairs are completed.2 3 CFPL exceeded its reduced operating\npressure four times from March through June of 2022. In exceeding the limits placed on the\nCentral Florida Pipeline, CFPL failed to comply with §195.452(h)(1).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a\nrelated series of violations. For violation occurring on or after March 21, 2022 and before\nJanuary 6, 2023, the maximum penalty may not exceed $239,142 per violation per day the\nviolation persists, up to a maximum of $2,391,142 for a related series of violations. For violation\noccurring on or after May 3, 2021 and before March 21, 2022, the maximum penalty may not\nexceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for\na related series of violations. For violation occurring on or after January 11, 2021 and before\nMay 3, 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.\n2 §195.452(b)(6) requires operators to follow recognized industry practices in carrying out integrity management\nprogram activities, such as pressure reduction.\n3 §192.933(a)(1) provides information about determining pressure reduction parameters.\n\n\n\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 item identified in this letter. Failure to do so will result in\nCentral Florida Pipeline Corp. 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 5-2023-010-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 Z. Wynkoop, M. Flaherty (#22-232552)\nJaime Hernandez – DOT Compliance Primary","truncated":false,"body_characters":13337}