{"operation":"document","citation":"CPF 220085003","title":"DIXIE PIPELINE COMPANY LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2008-02-19","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.406(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220085003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220085003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220085003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220085003","body":"Notice of Probable Violation involving DIXIE PIPELINE COMPANY LLC. PHMSA's enforcement data identifies the cited regulation as 195.406(a). The case was opened on 2008-02-19 and is reported as closed as of 2011-01-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220085003_closure letter_01072011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220085003/220085003_closure%20letter_01072011.pdf\n\n220085003_closure letter_01072011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220085003/220085003_closure%20letter_01072011_text.pdf\n\n220085003_Final Order_09152010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220085003/220085003_Final%20Order_09152010.pdf\n\n220085003_Final Order_09152010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220085003/220085003_Final%20Order_09152010_text.pdf\n\n220085003_nopv letter_02192008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220085003/220085003_nopv%20letter_02192008.pdf\n\n220085003_nopv letter_02192008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220085003/220085003_nopv%20letter_02192008_text.pdf\n\n220085003_operator response_11192008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220085003/220085003_operator%20response_11192008.pdf\n\n220085003_closure letter_01072011_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 7, 2011\nMr. James M. Collingsworth\nPresident\nDixie Pipeline Company\n1100 Louisiana Street\nHouston, Texas 77002-5227\nCPF 2-2008-5003\nDear Mr. Collingsworth:\nA failure occurred on the Dixie Pipeline Company (Dixie) propane pipeline in Carmichael,\nMississippi on November 1, 2007. The Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) initiated an investigation of the accident and inspection of the\nrecords involving the pipeline system pursuant to Section 60117 of Title 49, United States\nCode.\nAs a result of the investigation and inspection, PHMSA issued a Final Order to Dixie on\nSeptember 15, 2010. The Final Order included a Compliance Order (CO), which required\nDixie to take certain actions to protect the public and the environment.\nThe PHMSA Southern Region has reviewed your written responses to CO and we find that\nyou have met the requirements specified in the CO. No further action is necessary with\nregards to the Final Order and this case is now closed.\nPlease be advised that nothing herein state or implies that Dixie's pipeline system is in\ncompliance with the federal pipeline safety regulations. The pipeline system remains subject\nto inspection by PHMSA.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n\n220085003_Final Order_09152010_text.pdf\n\nSEP 15 2010\nMr. Jim Collingsworth\nPresident\nDixie Pipeline Company\n1100 Louisiana Street\nHouston, Texas 77002-5227\nRE: CPF No. 2-2008-5003\nDear Mr. Collingsworth:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and specifies actions that need to be taken by Dixie Pipeline Company to comply with\nthe pipeline safety regulations. When the terms of the compliance order have been completed, as\ndetermined by the Director, Southern Region, this enforcement action will be closed. Service of\nthe Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise\nprovided 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. Wayne Lemoi, Director, Southern Region, PHMSA\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED[7009 1410 0000 2472 2834]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\n)\nDIXIE PIPELINE COMPANY, ) CPF No. 2-2008-5003\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn November 1-7, 2007, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), initiated\nan investigation of an accident and inspection of the records involving the pipeline system of\nDixie Pipeline Company (Respondent) in Roswell, Georgia; Carmichael, Mississippi; and\nMeridian, Mississippi. Dixie Pipeline Company is a subsidiary of Enterprise Products\nOperating, LLC. Dixie Pipeline Company transports propane to customers in the southeastern\nUnited States.\nAs a result of the investigation, the Director, Southern Region, OPS, issued to Respondent, by\nletter dated February 19, 2008, a Notice of Probable Violation and Proposed Compliance Order\n(Notice). In accordance with 49 C.F.R. §190.207, the Notice proposed finding that Respondent\nviolated 49 C.F.R. §§195.402 (a) and 195.406(a)(2-3). The Notice also proposed ordering\nRespondent to take certain measures to correct the alleged violation.\nIn a letter dated March 21, 2008, Respondent requested an extension of time to respond to the\nNotice. Respondent was granted an extension until May 1, 2008 to respond to the Notice.\nRespondent responded to the Notice by letter dated May 1, 2008 (Response). Respondent\ncontested the allegation of violation, submitted documentation regarding the design pressure\nrating of the valves and stated that it was reviewing its maximum operating pressure.\nRespondent did not request a hearing, and therefore has waived its right to one.\nFINDING OF VIOLATION\n\n\n\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. §§195.402 (a) and 195.406(a)\n(2-3), which state, in relevant part:\n§ 195.402 Procedural manual for operations, maintenance, and\nEmergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline system a manual of written procedures for conducting normal\noperations and maintenance activities and handling abnormal operations\nand emergencies. This manual shall be reviewed at intervals not exceeding\n15 months, but at least once each calendar year, and appropriate changes\nmade as necessary to insure that the manual is effective. This manual\nshall be prepared before initial operations of a pipeline system commence,\nand appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\n§ 195.406 Maximum operating pressure.\n(a) Except for surge pressures and other variations from normal\noperations, no operator may operate a pipeline at a pressure that exceeds\nany of the following: . . .\n(2) The design pressure of any other component of the pipeline.\n(3) Eighty percent of the test pressure for any part of the pipeline\nwhich has been pressure tested under Subpart E of this part.\nThe Notice alleged that Respondent did not follow its procedural manual in establishing\nMaximum Operating Pressures (MOPs) for several pipeline segments. Specifically, the Notice\nalleged that Respondent failed to follow Procedure IX-005,\n1 which requires that the MOP not\nexceed the design pressure rating of components, by establishing MOPs above the design\nthat Respondent failed to follow its procedures by establishing Engineering Calculated MOPs\npressure rating of installed ANSI-600 valves. The Notice and Violation Report2 further alleged\nthat exceeded the design pressure rating of 1,440 psi for installed ANSI-600 valves at the pump\nstations shown below.\nPump Station or Pipeline\nSegment\nListed Engineering\nCalculated MOP\nListed Qualified\nSection MOP\nComponent\nDesign Pressure\nOloh Station 1465 psi 1440 psi\nHattiesburg Station 1454 psi 1440 psi\nCarmichael Station 1448 psi 1440 psi\n8” and 6” Pipeline Segments -\nMilner to Apex\n1480 psi Between 1445 psi\nand 1509 psi\n1440 psi\n1 Dixie Pipeline Company, Operations & Emergency Manual, Maximum Operating Pressure Procedure, Rev. No:1,\nItem No: IX-005; Dated 06/02, pages 1-2. (Violation Report, Exhibit A, page 5.)\n2 Violation Report, Exhibit A, page 5.\n\n\n\n2\nIn response to the Notice, Respondent argued that the MOPs on its pipeline system were\ndeveloped in accordance with the MOP procedures from its previous Operations & Emergency\n(O&E) Manual and complied with the regulatory requirement not to exceed the design pressure\nrating of a component. Respondent explained that the portion of its “Maximum Operating\nPressure Procedure” that appeared to be in question was the language stating the MOP will not\nexceed the “design pressure rating of a component.\n”3 Respondent suggested that the component\ndesign pressure noted in the Notice came from discussions between PHMSA and Respondent\nand acknowledged that the manufacturer’s pressure rating for the original 1963 construction\nANSI-600 valves in its pipeline system may have been 1,440 psig. However, Respondent posed\nthat a regulatory interpretation of § 195.406 issued by the Research and Special Programs\nAdministration (RSPA),\nmanufacturer’s pressure rating or 80 percent of its actual or prototype factory test pressure in\ndetermining the design pressure rating of a component.\n4 dated June 17, 1981, provided operators with the flexibility to use the\nFirst, Respondent argued that it was in compliance because it established MOPs in accordance\nwith its MOP procedures from its previous O&E Manual and an agency interpretation.\nRespondent cited the interpretation to support its position that operators had the flexibility to\nutilize the manufacturer’s pressure rating or 80 percent of its actual or prototype factory test\npressure in determining the design pressure rating of a component. Respondent cited the text\nfrom two answers in the regulatory interpretation to assert that OPS determined that the operator\ncould use the manufacturer’s pressure rating or 80 percent of the test pressure as the design\npressure of the valves.\nThe Notice did not allege, however, that the procedure failed to comply with the regulations. The\nissue is whether the Respondent followed the procedure that was in place at the time of the\ninspection. The regulatory interpretation Respondent refers to does clarify the requirement that\noperators not exceed the design pressures of pipeline components in order to satisfy §195.406.\nThe interpretation also clarifies that operators are allowed to establish the design pressure for\ncomponents using the manufacturer’s pressure rating and consensus standards or their own\nindependent design pressure using equally sound principles and for these individually added or\nreplaced valves, they may be operated at 80 percent of the actual or factory test pressure,\nprovided the pressure does not exceed any of the other three criteria in § 195.406, which includes\nthe design pressure of the component.\nSecond, Respondent’s Procedure IX-0055\nrequires that the MOP not exceed the design ppressure\nrating of components. The ANSI-600 valve 1,440 psi design pressure cited in the Notice is\n3 Dixie Pipeline Company, Operations & Emergency Manual, Maximum Operating Pressure Procedure, Rev. No:1,\nItem No: IX-005; Dated 06/02, pages 1-2. (Violation Report, Exhibit A, page 5.)\n4 The Research and Special Programs Administration is a predecessor agency. Effective February 20, 2005, the\nPipeline and Hazardous Materials Safety Administration (PHMSA) was created to further the highest degree of\nsafety in pipeline transportation and hazardous materials transportation. See, section 108 of the Norman Y. Mineta\nResearch and Special Programs Improvement Act (Public Law 108-426, 118 Stat. 2423-2429 (November 30,\n2004)). See also, 70 Fed. Reg. 8299 (February 18, 2005) redelegating the pipeline safety functions to the\nAdministrator, PHMSA.\n5Dixie Pipeline Company, Operations & Emergency Manual, Maximum Operating Pressure Procedure, Rev. No:1,\n\n\n\n3\nbased on information relating to established valve design pressures6 submitted by Respondent to\nPHMSA, prior to issuance of the Notice. At the time of the inspection, Respondent advised\nPHMSA that the design pressure for the subject valves was 1,440 psig.\nRespondent acknowledged that the manufacturer’s pressure rating for the subject valves was\n1,440 psig. According to OPS, Respondent established Engineering Calculated MOPs that\nexceeded the design pressure rating of 1,440 psi for installed ANSI-600 valves at three pump\nstations and one pipeline segment.\n7 In its Response,\nAfter considering all the evidence, I find that Respondent violated 49 C.F.R § §195.402 (a) and\n195.406(a)(2-3) by failing to follow its procedures for establishing MOPs that do not exceed the\ndesign pressure rating of components and by establishing MOPs that exceeded the design\npressure rating of 1,440 psi for installed ANSI-600 valves at the three cited pump stations and\none pipeline segment. Pursuant to 49 C.F.R. §195.402(a), operators are required to follow for\neach pipeline system a manual of written procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies. Improper\ndetermination of the MOP could impact safety by pressuring the line beyond the limits\nestablished by pipeline safety regulations.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to the violation of 49 C.F.R. §§195.402(a)\nand 195.406(a)(2-3).\nUnder 49 U.S.C. § 60118(a), each person who engages in the transportation of hazardous liquids\nor who owns or operates a pipeline facility is required to comply with the applicable safety\nstandards established under chapter 601. Pursuant to the authority of 49 U.S.C. § 60118(b) and\n49 C.F.R. §190.217, Respondent is ordered to take the following actions to ensure compliance\nwith the pipeline safety regulations applicable to its operations:\n1. With respect to the violation of §§195.402(a) and 195.406(a)(2-3), Respondent must\nsubmit the design pressure rating for the ANSI-600 valves and the method used to\nestablish the design pressure rating.\n2. Within 30 days after receipt of this Final Order, submit procedures and\ndocumentation to demonstrate completion of Item 1, to the Director, OPS, Southern\nItem No: IX-005; Dated 06/02, pages 1-2. (Violation Report, Exhibit A, page 5.)\n6 See Violation Report at Exhibit C, copies of related e-mails dated December 20, 2007; January 3, 2008; January\n18, 2008; January 21, 2008; and January 22, 2008.\n7 Violation Report, Exhibit C, Email from Respondent to PHMSA dated January 3, 2008.\n\n\n\n4\nRegion, Pipeline and Hazardous Materials Safety Administration, 233 Peachtree\nStreet, Suite 600, Atlanta, GA 30303.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent demonstrating good cause for an extension.\nFailure to comply with this Order may result in administrative assessment of civil penalties not\nto exceed $100,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nUnder 49 C.F.R. §190.215, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline\nSafety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC\n20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA\nwill accept petitions received no later than 20 days after receipt of service of this Final Order by\nthe Respondent, provided they contain a brief statement of the issue(s) and meet all other\nrequirements of 49 C.F.R. § 190.215. Unless the Associate Administrator, upon request, grants a\nstay, the 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":15925}