{"operation":"document","citation":"CPF 120196001W","title":"ENLINK OHIO RIVER VALLEY PIPELINE, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-01-08","effective_on":null,"summary":"CLOSED warning letter citing 195.428(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120196001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120196001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120196001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120196001W","body":"Warning Letter involving ENLINK OHIO RIVER VALLEY PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulation as 195.428(a). The case was opened on 2019-01-08 and is reported as closed as of 2019-01-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120196001W_Warning Letter_01082019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120196001W/120196001W_Warning%20Letter_01082019.pdf\n\n120196001W_Warning Letter_01082019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120196001W/120196001W_Warning%20Letter_01082019_text.pdf\n\n120196001W_Warning Letter_01082019_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nJanuary 8, 2019\nMichael LeBlanc\nSenior Vice President - Operations\nEnLink LBU-ORV\n60995 Derrick Road\nPlaquemine, LA 70764\nCPF 1-2019-6001W\nDear Mr. LeBlanc:\nFrom March 20 to May 24, 2018, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected\nthe EnLink LBU-ORV (EnLink) crude oil pipeline system in the vicinity of Nashport, Ohio.\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 items inspected\nand the probable violation(s) are:\n1. § 195.428 Overpressure safety devices and overfill protection systems.\n(a) Except as provided in paragraph (b) of this section, each operator shall, at\nintervals not exceeding 15 months, but at least once each calendar year, or in the\ncase of pipelines used to carry highly volatile liquids, at intervals not to exceed 7½\nmonths, but at least twice each calendar year, inspect and test each pressure\nlimiting device, relief valve, pressure regulator, or other item of pressure control\nequipment to determine that it is functioning properly, is in good mechanical\ncondition, and is adequate from the standpoint of capacity and reliability of\noperation for the service in which it is used.\nEnLink failed to adequately document its inspection and testing of pressure limiting devices.\nSpecifically, the records of inspection and testing of the overpressure protection (OPP) devices\n\n\n\nCPF 1-2019-6001W\n(pump outlet high pressure switches) at Corning Station and Black Run Station failed to\ndemonstrate that the devices functioned properly or were adequate from the standpoint of\nreliability of operation.\nDuring the inspection, records of the inspection and testing of OPP devices at the Corning and\nBlack Run Stations were reviewed for 2015-2018. It was established that the MOP of the pipeline\ndownstream of the Corning Station is 939 psig. The records documenting the 2015 and 2016 tests\nof the pump OPP device noted that the set pressure was left below this MOP. The 2017 and 2018\ntest records for the OPP device documented the set pressure was left above the MOP of the\npipeline, in both years, at 950 psig. No comments noting a change were included in the records,\nand no documentation through a Management of Change (MOC) memorandum was provided\nduring the inspection.\nIn addition, the 2016 test record did not clearly document what “as-left” set pressure was\nconfirmed, since a range of values were recorded.\nFor the Black Run Station OPP device, the records demonstrated that it was set to operate at 900\npsig in 2017. The MOP of the pipeline downstream of the Black Run Station is 892 psig, and the\n2017 test record documented that the set pressure was left above the MOP of the pipeline. No\ncomments noting a change were included in the records, and no documentation through a\nManagement of Change (MOC) memorandum was provided during the inspection.\nAdditionally, the 2018 test record does not document any “as-left” set pressure, but only notes that\nthe gauge is “in spec.”.\nTherefore, EnLink failed to adequately document its inspection and tests of the OPP devices at the\nCorning and Black Run Stations.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$213,268 per violation per day the violation persists, up to a maximum of $2,132,679 for a related\nseries of violations. For violation occurring on or after November 2, 2015 and before November\n27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015, the\nmaximum penalty may not exceed $200,000 per violation per day, with a maximum penalty not to\nexceed $2,000,000 for a related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitem(s) identified in this letter. Failure to do so will result in EnLink being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2019-6001W. 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\n120196001W_Warning Letter_01082019_text Page 2 of 3\n\n\n\nCPF 1-2019-6001W\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Robert Burrough, Director, PHMSA Eastern Region, 840 Bear Tavern Road, Suite 300,\nWest Trenton, NJ 08628. Please refer to CPF 1-2019-6001W on each document you submit, and\nwhenever possible provide a signed PDF copy in electronic format. Smaller files may be emailed\nto robert.burrough@dot.gov. Larger files should be sent on a CD accompanied by the original\npaper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120196001W_Warning Letter_01082019_text Page 3 of 3","truncated":false,"body_characters":6343}