{"operation":"document","citation":"CPF 220105001W","title":"ENTERPRISE PRODUCTS OPERATING LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-01-12","effective_on":null,"summary":"CLOSED warning letter citing 195.403(a), 195.440(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220105001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220105001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220105001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220105001W","body":"Warning Letter involving ENTERPRISE PRODUCTS OPERATING LLC. PHMSA's enforcement data identifies the cited regulations as 195.403(a),  195.440(a). The case was opened on 2010-01-12 and is reported as closed as of 2010-01-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220105001W_warning letter_01122010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220105001W/220105001W_warning%20letter_01122010.pdf\n\n220105001W_warning letter_01122010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220105001W/220105001W_warning%20letter_01122010_text.pdf\n\n220105001W_warning letter_01122010_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED\nJanuary 12, 2010\nMr. Terry Hurlburt\nSr. Vice President of Operations\nEnterprise Products Operating LLC\n1100 Louisiana Street\nHouston, TX 77002\nCPF 2-2010-5001W\nDear Mr. Hurlburt:\nOn June 15-17, 2009, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code, conducted an\nonsite pipeline safety inspection of your Chunchula Pipeline facilities in Alabama and\nMississippi and records at your Chunchula, Alabama office.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations, Part 195. The items\ninspected and the probable violations are:\n§195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see\n§195.3).\n(b) The operator's program must follow the general program recommendations of\nAPI RP 1162 and assess the unique attributes and characteristics of the operator's\npipeline and facilities.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator provides\njustification in its program or procedural manual as to why compliance with all or certain\nprovisions of the recommended practice is not practicable and not necessary for safety.\n\n\n\nThe Chunchula Pipeline transports a highly volatile liquid (HVL) product, making the hazards\nassociated with this pipeline significantly different than the hazards associated with a natural\ngas transmission pipeline or a pipeline transporting a non HVL hazardous liquid. The brochure\nthat is being mailed to members of the Affected Public along the Chunchula Pipeline right-of-\nway is of a very general nature. This brochure contains some very good pipeline safety\ninformation. This brochure is applicable to a variety of pipelines, including natural gas\ntransmission and non HVL pipelines but this brochure does not contain information describing\nthe unique attributes and characteristics of an HVL pipeline. There is nothing in the brochure\nthat would alert the reader that the Chunchula Pipeline is an HVL pipeline and that it has\nhazardous associated with it that are very different than those of a natural gas transmission\npipeline or a non HVL pipeline.\nAPI RP1162 requires the baseline message to the Affected Public to contain information on the\nlocation of the pipeline. The Affected Public brochure contains some good general information\non pipeline markers and the national pipeline mapping system (NPMS) but it does not contain\nany information on the location of the Chunchula Pipeline.\n§195.440(c) requires the operator’s public awareness program to implement the baseline and\nsupplemental requirements of API RP1162. Your program has implemented the supplemental\nenhancement of increasing the coverage area for HVL pipelines, which we feel is a good\npractice. The Chunchula Pipeline follows a route through mainly rural areas of relatively low\npopulation density, however it does go through some areas of higher population density such as\na residential neighborhood in Petal, MS. The pipeline runs directly through the front yards and\nfairly close to the houses in this neighborhood. In residential neighborhoods such as the one in\nPetal, MS you should consider additional enhancements such as personal contact or enhanced\nmessage content to assure that the residents understand the hazards associated with an HVL\npipeline.\n§195.403 Emergency response training.\n(a) Each operator shall establish and conduct a continuing training program to\ninstruct emergency response personnel to:\n(1) Carry out the emergency procedures established under §195.402 that relate to their\nassignments;\nYour Operations & Maintenance Manual indicates that there is a web based training program\nand that all operations and maintenance personnel are required to take courses related to the\nhazards of liquids and gases and the recognition and response to emergencies. The operations\npersonnel at your Chunchula Pipeline office had no records of any web based emergency\nresponse training or any other type of emergency response training such as emergency drills or\nexercises.\nThe operations personnel indicated that Enterprise has an Emergency Response Team that\nwould be available in the event of an emergency. The local operations and maintenance\npersonnel for the Chunchula Pipeline would likely be the first personnel available in the event\nof an emergency and need to be trained to respond prior to the arrival of the Enterprise\nEmergency Response Team.\n\n\n\nUnder 49 United States Code, §60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violations persists up to a maximum of $1,000,000 for any\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the items identified in this letter.\nFailure to do so will result in Enterprise Products Operating LLC 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 2-2010-5001W. 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\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nLinda Daugherty\nDirector, Southern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":6856}