{"operation":"document","citation":"CPF 52023034WL","title":"SFPP, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-11-01","effective_on":null,"summary":"CLOSED warning letter citing 195.59(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023034wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023034wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023034wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52023034WL","body":"Warning Letter involving SFPP, LP. PHMSA's enforcement data identifies the cited regulation as 195.59(a). The case was opened on 2023-11-01 and is reported as closed as of 2023-11-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52023034WL_Operator Response to Notice_11202023_(23-264918).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023034WL/52023034WL_Operator%20Response%20to%20Notice_11202023_(23-264918).pdf\n\n52023034WL_Warning Letter_11012023_(23-264918).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023034WL/52023034WL_Warning%20Letter_11012023_(23-264918).pdf\n\n52023034WL_Warning Letter_11012023_(23-264918)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023034WL/52023034WL_Warning%20Letter_11012023_(23-264918)_text.pdf\n\n52023034WL_Warning Letter_11012023_(23-264918)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: MR. WAYNE SIMMONS\nNovember 1, 2023\nMr. Wayne Simmons\nChief Operating Officer\nKinder Morgan\n1001 Louisiana St., Suite 1000\nHouston, TX 77002\nCPF 5-2023-034-WL\nDear Mr. Simmons:\nFrom July 10, 2023, to July 13, 2023, of the on-site inspection, representatives of the Pipeline\nand Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.), inspected the SFPP Oregon pipeline from Portland to Eugene, Oregon.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected\nand the probable violation is:\n\n\n\n1. § 195.59 Abandonment or deactivation of facilities.\nFor each abandoned offshore pipeline facility or each abandoned onshore pipeline\nfacility that crosses over, under or through a commercially navigable waterway, the\nlast operator of that facility must file a report upon abandonment of that facility.\n(a) The preferred method to submit data on pipeline facilities abandoned after\nOctober 10, 2000 is to the National Pipeline Mapping System (NPMS) in accordance\nwith the NPMS “Standards for Pipeline and Liquefied Natural Gas Operator\nSubmissions.” To obtain a copy of the NPMS Standards, please refer to the NPMS\nhomepage at http://www.npms.phmsa.dot.gov or contact the NPMS National\nRepository at 703–317–3073. A digital data format is preferred, but hard copy\nsubmissions are acceptable if they comply with the NPMS Standards. In addition to\nthe NPMS-required attributes, operators must submit the date of abandonment,\ndiameter, method of abandonment, and certification that, to the best of the\noperator's knowledge, all of the reasonably available information requested was\nprovided and, to the best of the operator's knowledge, the abandonment was\ncompleted in accordance with applicable laws. Refer to the NPMS Standards for\ndetails in preparing your data for submission. The NPMS Standards also include\ndetails of how to submit data. Alternatively, operators may submit reports by mail,\nfax or e-mail to the Office of Pipeline Safety, Pipeline and Hazardous Materials\nSafety Administration, U.S. Department of Transportation, Information Resources\nManager, PHP–10, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001; fax\n(202) 366–4566; e-mail, “InformationResourcesManager@phmsa.dot.gov. The\ninformation in the report must contain all reasonably available information related\nto the facility, including information in the possession of a third party. The report\nmust contain the location, size, date, method of abandonment, and a certification\nthat the facility has been abandoned in accordance with all applicable laws.\nKinder Morgan failed to file a report upon abandonment for onshore pipeline facilities that cross\nover, under, or through commercially navigable waterways in accordance with § 195.59(a).\nAdditionally, Kinder Morgan's written L-O&M 226 - Abandoning, Inactivating, and\nReactivating Hazardous Liquids Piping, Section 3.2.3 Abandonment Reporting, provides\nprocedures for filing the required report with PHMSA.\nKinder Morgan abandoned the LS-14 pipeline segment that crosses the Willamette River on\nDecember 18, 2021. At the time of the PHMSA inspection, Kinder Morgan still had not reported\nthe abandonment to the National Pipeline Mapping System (NPMS). However, Kinder Morgan\nfiled the requisite report with the NPMS in accordance with § 195.59(a) on July 17, 2023.\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\n\n\n\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.\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\nKinder Morgan 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 5-2023-034-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 C. Cordova, J. Luo (#23-264918)\nBrice Box – DOT Primary Compliance (Brice_Box@kindermorgan.com)","truncated":false,"body_characters":7233}