{"operation":"document","citation":"CPF 120125022","title":"ENTERPRISE PRODUCTS OPERATING LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-12-18","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.579(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120125022.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120125022.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120125022","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120125022","body":"Notice of Probable Violation involving ENTERPRISE PRODUCTS OPERATING LLC. PHMSA's enforcement data identifies the cited regulation as 195.579(c). The case was opened on 2012-12-18 and is reported as closed as of 2013-04-26. Proposed civil penalty: $26,200. Assessed civil penalty: $26,200. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120125022_Final Order_04262013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125022/120125022_Final%20Order_04262013.pdf\n\n120125022_Final Order_04262013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125022/120125022_Final%20Order_04262013_text.pdf\n\n120125022_NOPV-PCP_12182012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125022/120125022_NOPV-PCP_12182012.pdf\n\n120125022_NOPV_PCP_12182012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125022/120125022_NOPV_PCP_12182012_text.pdf\n\n120125022_Operator Response_01102013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125022/120125022_Operator%20Response_01102013.pdf\n\n120125022_Final Order_04262013_text.pdf\n\nAPRIL 26, 2013\nMr. Michael A. Creel\nPresident & CEO\nEnterprise Products Operating, LLC\n1100 Louisiana Street\nHouston, TX 77002-5227\nMr. Terry L. Hurlburt\nSenior Vice President – Operations\nEnterprise Products Operating, LLC\n1100 Louisiana Street\nHouston, TX 77002-5227\nRe: CPF No. 1-2012-5022\nDear Mr. Creel and Mr. Hurlburt:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and assesses a civil penalty of $26,200. This is to acknowledge receipt of payment of\nthe full penalty amount, by wire transfer, dated January 3, 2013. This enforcement action is now\nclosed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,\nor as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Byron E. Coy, P.E., Director, Eastern Region, OPS\nMr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nEnterprise Products Operating, LLC, ) CPF No. 1-2012-5022\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom July 12 to July 27, 2011, pursuant to 49 U.S.C. § 60117, representatives of the New York\nState Department of Public Service (NYSDPS), as agents for the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an on-\nsite pipeline safety inspection of the facilities and records of Enterprise Products Operating, LLC\n(EPCO or Respondent) in Watkins Glen, New York. EPCO’s New York facilities include two\n8-inch diameter propane pipelines designated as the P-40 pipeline and the P-41 pipeline which\nare 34.99 and 164.76 miles in length, respectively.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated December 18, 2012, a Notice of Probable Violation and Proposed Civil Penalty\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that EPCO had\nviolated 49 C.F.R. § 195.579(c) and proposed assessing a civil penalty of $26,200 for the alleged\nviolations.\nEPCO responded to the Notice by letter dated January 10, 2013 (Response). The company paid\nthe proposed civil penalty of $26,200, as provided in 49 C.F.R. § 190.227. Payment of the\npenalty serves to close the case with prejudice to Respondent.\nFINDING OF VIOLATION\nIn its Response, EPCO did not contest the allegation in the Notice that it violated\n49 C.F.R. Part 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.579(c), which states:\n1 PHMSA Violation Report at 1. Enterprise is a subsidiary of Enterprise Products Partners, LP, which transports\nnatural gas, NGL, crude oil, refined products, and petrochemicals through more than 50,000 miles of pipelines in\nNorth America.\n\n\n\n2\n§ 195.579 What must I do to mitigate internal corrosion?\n(a)…\n(c) Removing pipe. Whenever you remove pipe from a pipeline, you\nmust inspect the internal surface of the pipe for evidence of corrosion. If\nyou find internal corrosion requiring corrective action under § 195.585,\nyou must investigate circumferentially and longitudinally beyond the\nremoved pipe (by visual examination, indirect method, or both) to\ndetermine whether additional corrosion requiring remedial action exists in\nthe vicinity of the removed pipe.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.579(c) by failing to inspect the\ninternal surface of the pipe that was removed from a pipeline for evidence of corrosion during a\nrelocation project performed in 2010. Specifically, the Notice alleged that EPCO had no record\nof performing a documented inspection of the internal surface of pipe removed from the P-40\nPipeline at New York State Route 15, approximately 3.5 miles north of the Pennsylvania state\nborder at Stowell Road, Lindley, NY. Respondent did not contest this allegation of violation.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated\n49 C.F.R. § 195.579(c) by failing to inspect the internal surface of the pipe that was removed\nfrom a pipeline for evidence of corrosion.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$100,000 per violation for each day of the violation, up to a maximum of $1,000,000 for any\nrelated series of violations. In determining the amount of a civil penalty under\n49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,\ncircumstances, and gravity of the violation, including adverse impact on the environment; the\ndegree of Respondent’s culpability; the history of Respondent’s prior offenses; the Respondent’s\nability to pay the penalty and any effect that the penalty may have on its ability to continue doing\nbusiness; and the good faith of Respondent in attempting to comply with the pipeline safety\nregulations. In addition, I may consider the economic benefit gained from the violation without\nany reduction because of subsequent damages, and such other matters as justice may require.\nThe Notice proposed a total civil penalty of $26,200 for the violation cited above.\nItem 1: The Notice proposed a civil penalty of $26,200 for Respondent’s violation of\n49 C.F.R. § 195.579(c) by failing to inspect the internal surface of the pipe that was removed\nfrom a pipeline for evidence of corrosion. EPCO neither contested the allegation nor presented\nany evidence or argument justifying a reduction in the proposed penalty. With respect to the\nnature, circumstances, and gravity of this violation, failure to perform documented inspections of\nremoved pipe for internal corrosion has the potential to impact safety. Respondent is culpable\nfor the violation as pipeline operators are obligated to maintain such information about the\ncondition of their pipelines and use it in making maintenance and operational decisions. Nothing\n\n\n\n3\nin the record constitutes a good faith effort to comply prior to the OPS inspection. Accordingly,\nhaving reviewed the record and considered the assessment criteria, I assess Respondent a civil\npenalty of $26,200 for violation of 49 C.F.R. § 195.579(c) which has already been paid by\nRespondent.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8017}