2020 07 07 Kinder Morgan Notice of Violation

NEW MEXICO
ENVIRONMENT DEPARTMENT
Hazardous Waste Bureau

2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87505-6313
Michelle Lujan Grisham James C. Kenney
Governor Phone (505) 476-6000 Fax (505) 476-6030 Cabinet Secretary
www.env.nm.gov
Howie C. Morales Jennifer J. Pruett
Lt. Governor Deputy Secretary
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
July 7, 2020
Scott Martin
Director, EHS/Remediation
Kinder Morgan, Inc
1001 Louisiana Street, Suite 1000
Houston, TX 77002
Email to: [email protected]
RE: NOTICE OF VIOLATION

KINDER MORGAN, INC.
EPA ID# NMR000025841
Dear Mr. Martin:
The New Mexico Environment Department’s (“NMED”) Hazardous Waste Bureau (“Bureau”)
completed its review of your company’s October 25, 2019, response to the Bureau’s Request for
Information relating to the December 14, 2018, petroleum spill near Anthony, New Mexico.
Pursuant to the NMED’s Delegation Order dated January 15, 2020, delegating to the Hazardous
Waste Bureau Chief the authority to issue Notices of Violation under the Hazardous Waste Act
(“HWA”), NMSA 1978, §§ 74-4-1 to -14, this letter is to inform you that the Bureau determined
that Kinder Morgan did not make an accurate hazardous waste determination before moving
contaminated soil, a violation of 20.4.1.300 of the New Mexico Administrative Code (“NMAC”).
Furthermore, Kinder Morgan has not paid its annual hazardous waste generation fee for calendar
year 2018, a violation of 20.4.3.500.A NMAC. Below you will find details of the Bureau’s
determination and the corrective actions required to come into compliance.
On December 14, 2018, Kinder Morgan released over 400,000 gallons of refined petroleum
from the failure of a 12-inch EPT pipeline (LS-18) near Anthony, New Mexico and contaminated
the surrounding soil, thereby generating petroleum contaminated soil, a solid waste. In
Science | Innovation | Collaboration | Compliance
Mr. Martin
July 7, 2020
Page 2
response to the release, Kinder Morgan removed petroleum contaminated soil from the release
site, stockpiled the soil next to a ditch and subsequently moved the soil at least once to another
location. Testing of the soil after the stockpiles were moved reduced the hazardous component
(benzene) via volatilization and was neither at the point of generation nor representative of the
waste itself. Therefore, the toxicity characteristic leaching procedure (“TCLP”) analysis is not
indicative of whether the petroleum contaminated soil was a Resource Conservation and
Recovery Act (“RCRA”) hazardous waste. NMED HWB determined that Kinder Morgan violated
the New Mexico Hazardous Waste Management Regulations, 20.4.1 NMAC, as specified below:
1. Failure to make an accurate hazardous waste determination for the petroleum

contaminated soil waste stream in violation of 20.4.1.300 NMAC. Specifically, Kinder
Morgan failed to make a hazardous waste determination at the point of generation, before
an alteration of the waste occurred. As a result, Kinder Morgan also failed to make an
accurate determination as to whether the petroleum contaminated soil was a hazardous
waste, a necessary step to ensure proper management of the waste stream. Accordingly,
Kinder Morgan violated 20.4.1.300 NMAC, and by incorporation, 40 CFR 262.11.
Corrective Action: Within thirty (30) calendar days of receipt of this letter, Kinder Morgan is to
provide NMED HWB with a written plan describing all actions taken to prevent future
hazardous waste determination violations related to pipeline releases and mitigation activities.
Any written response must include appropriate evidence and a certification from a responsible
official designated to act on behalf of Kinder Morgan. The certification of the responsible
official shall state:
“I certify under penalty of law that this information in this letter and all
attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering such
information, the information submitted is, to the best of my knowledge and belief,
true, accurate and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for
knowing violations.”
2. Failure to pay hazardous waste generation fees. Specifically, the Bureau determined that
Kinder Morgan was a Large Quantity Generator of hazardous waste in 2018. However, the
Bureau has no record of Kinder Morgan having paid annual hazardous waste fees by August 1,
2019, for hazardous waste generated in calendar year 2018, a violation of 20.4.3.500.A NMAC.
Corrective Action: Please review the attached Annual Hazardous Waste Fee form and
submit payment within ten (10) days of receipt of this letter for the hazardous waste
generation fees that were due August 1, 2019.
Mr. Martin
July 7, 2020
Page 3
Under NMED’s Enforcement Response Protocol, this Notice of Violation is considered an

informal enforcement action intended to provide an opportunity to come into compliance.
However, the Bureau may seek elevated enforcement, which, pursuant to NMSA 1978, Section
74-4-10, includes issuing a Compliance Order requiring immediate compliance and assessing a
civil penalty of up to $10,000 a day for any past or current violations, or both. Further non-
compliance could then subject Kinder Morgan to penalties up to $25,000 per day.
Alternatively, the law also enables NMED to commence a civil action in District Court to seek
the appropriate relief.
If you have any questions regarding this letter, please contact me at (505) 629-6494 or by email
at [email protected]. Please address any written response to the attention of Daniel
Hermanns at the address on the letterhead.
Sincerely,
Kevin Digitally signed

by Kevin Pierard
Pierard Date: 2020.07.07

16:32:05 -06'00'
Kevin M. Pierard, Chief
Hazardous Waste Bureau
Enclosure
cc: Janine Kraemer, NMED HWB

Michael Kesler, NMED, District Manager
Mia Napolitano, NMED OGC
Rebecca Roose, NMED WPD
Stephanie Stringer, NMED RPD
File #: 4809

2020 07 07 Kinder Morgan Notice of Violation

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

2020 07 07 Kinder Morgan Notice of Violation

Uploaded by

Copyright:

Available Formats

NEW MEXICO

Hazardous Waste Bureau

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

RE: NOTICE OF VIOLATION

Dear Mr. Martin:

1. Failure to make an accurate hazardous waste determination for the petroleum

Under NMED’s Enforcement Response Protocol, this Notice of Violation is considered an

Kevin Digitally signed

Pierard Date: 2020.07.07

cc: Janine Kraemer, NMED HWB

You might also like