{"operation":"document","citation":"CPF 12021069NOA","title":"ENABLE MISSISSIPPI RIVER TRANSMISSION, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-12-10","effective_on":null,"summary":"CLOSED notice of amendment citing 192.12(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021069noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021069noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021069noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12021069NOA","body":"Notice of Amendment involving ENABLE MISSISSIPPI RIVER TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulation as 192.12(c). The case was opened on 2021-12-10 and is reported as closed as of 2022-03-31. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12021069NOA_Closure Letter_03312022_(20-198144).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021069NOA/12021069NOA_Closure%20Letter_03312022_(20-198144).pdf\n\n12021069NOA_Closure Letter_03312022_(20-198144)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021069NOA/12021069NOA_Closure%20Letter_03312022_(20-198144)_text.pdf\n\n12021069NOA_Notice of Amendment_12102021_(20-198144).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021069NOA/12021069NOA_Notice%20of%20Amendment_12102021_(20-198144).pdf\n\n12021069NOA_Notice of Amendment_12102021_(20-198144)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021069NOA/12021069NOA_Notice%20of%20Amendment_12102021_(20-198144)_text.pdf\n\n12021069NOA_Operator Response to Notice_01042022_(20-198144).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021069NOA/12021069NOA_Operator%20Response%20to%20Notice_01042022_(20-198144).pdf\n\n12021069NOA_Notice of Amendment_12102021_(20-198144)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nDecember 10, 2021\nMr. Rod Sailor\nPresident and Chief Executive Officer\nEnable Mississippi River Transmission, LLC\n499 W. Sheridan, Suite 1500\nOklahoma City, OK 73102\nCPF 1-2021-069-NOA\nDear Mr. Sailor:\nFrom June 14, 2021 to June 18, 2021, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49\nUnited States Code (U.S.C.) inspected Enable Mississippi River Transmission, LLC’s (Enable)\nrecords and procedures for Enable’s underground storage construction activities in Saint Jacobs,\nIllinois.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nEnable’s plans or procedures, as described below:\n1. § 192.12 Underground natural gas storage facilities.\n(a) …\n(c) Procedural manuals. Each operator of a UNGSF must prepare\nand follow for each facility one or more manuals of written procedures\nfor conducting operations, maintenance, and emergency preparedness\nand response activities under paragraphs (a) and (b) of this section.\nEach operator must keep records necessary to administer such\nprocedures and review and update these manuals at intervals not\nexceeding 15 months, but at least once each calendar year. Each\noperator must keep the appropriate parts of these manuals accessible\nat locations where UNGSF work is being performed. Each operator\nmust have written procedures in place before commencing operations\nor beginning an activity not yet implemented.\n\n\n\nCPF 1-2021-069-NOA\nEnable’s written procedures for conducting operations, maintenance, and emergency preparedness\nand response activities were inadequate to ensure safe operation of a pipeline facility. Specifically,\nEnable failed to have written procedures that specified compliance with applicable fire codes and\nregulations, as required by API RP 1171, Section 10.3.21 (Section 10.3.2) and incorporated by\nreference under § 192.12(b)(2),2 as required by § 192.12(c).\nDuring the inspection, PHMSA observed that fences or enclosures were placed at gas storage\nwells. However, Enable’s procedures failed to specify that fences or enclosures shall comply with\napplicable fire codes and regulations as required by Section 10.3.2. After the inspection, Enable\nconfirmed to PHMSA over email that, at the time of the inspection, they had fences or enclosures\nat the St. Jacob gas storage wells but they did not have procedures in place to ensure they complied\nwith applicable state and local fire codes.\nTherefore, Enable’s written procedures required by § 192.12(c) were inadequate. Enable must\nrevise its procedures to address applicable fire codes and regulations for fences or enclosures in\naccordance with Section 10.3.2.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Enforcement\nProceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under § 190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\n1 API RP 1171, Section 10.3.2 Fences and Enclosures\nIngress or Egress of the site may be controlled by fences or enclosures. When used at well locations, fences or\nenclosures shall comply with applicable fire codes and regulations.\n2 § 192.12 Underground natural gas storage facilities.\n(a) …\n(b) Depleted hydrocarbon and aquifer reservoir UNGSFs.\n(1) …\n(2) Each UNGSF that uses a depleted hydrocarbon reservoir or an aquifer reservoir for natural gas storage and was\nconstructed on or before July 18, 2017, must meet the provisions of API RP 1171 (incorporated by reference, see §\n192.7), sections 8, 9, 10, and 11, and paragraph (c) of this section, by January 18, 2018, and must meet all provisions\nof paragraph (d) of this section by March 13, 2021.\n12021069NOA_Notice of Amendment_12102021_(20-198144)_text Page 2 of 3\n\n\n\nCPF 1-2021-069-NOA\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that Enable Mississippi River Transmission, LLC maintain\ndocumentation of the safety improvement costs associated with fulfilling this Notice of\nAmendment (preparation/revision of plans, procedures) and submit the total to Robert Burrough,\nDirector, Eastern Region, Pipeline and Hazardous Materials Safety Administration, 840 Bear\nTavern Road, Suite 300, West Trenton, NJ 08628. In correspondence concerning this matter,\nplease refer to CPF 1-2021-069-NOA and, for each document you submit, please provide a copy\nin electronic format whenever possible. Smaller files may be emailed to robert.burrough@dot.gov.\nLarger files should be sent on USB flash drive accompanied by the original paper copy to the\nEastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n12021069NOA_Notice of Amendment_12102021_(20-198144)_text Page 3 of 3\n\n12021069NOA_Closure Letter_03312022_(20-198144)_text.pdf\n\nVIA ELECTRONIC MAIL TO: rod.sailor@enablemidstream.com\nMarch 31, 2022\nMr. Rod Sailor\nPresident and Chief Executive Officer\nEnable Mississippi River Transmission, LLC\n499 W. Sheridan, Suite 1500\nOklahoma City, OK 73102\nCPF 1-2021-069-NOA\nDear Mr. Sailor:\nFrom June 14, 2021 to June 18, 2021, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nEnable Mississippi River Transmission, LLC's (Enable) procedures and records for Enable's\nunderground storage construction activities in Saint Jacobs, Illinois.\nEnable submitted its amended procedures on January 4, 2022. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":8837}