{"operation":"document","citation":"CPF 220105003M","title":"DIXIE PIPELINE COMPANY LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-03-22","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(e)(8), 195.403(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220105003m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220105003m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220105003m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220105003M","body":"Notice of Amendment involving DIXIE PIPELINE COMPANY LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(e)(8),  195.403(b)(1). The case was opened on 2010-03-22 and is reported as closed as of 2011-04-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220105003M_closure letter_04062011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220105003M/220105003M_closure%20letter_04062011.pdf\n\n220105003M_closure letter_04062011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220105003M/220105003M_closure%20letter_04062011_text.pdf\n\n220105003M_NOA_03222010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220105003M/220105003M_NOA_03222010.pdf\n\n220105003M_NOA_03222010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220105003M/220105003M_NOA_03222010_text.pdf\n\n220105003M_operator response_05032010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220105003M/220105003M_operator%20response_05032010.pdf\n\n220105003M_operator response_11102010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220105003M/220105003M_operator%20response_11102010.pdf\n\n220105003M_Order Directing Amendment_01312011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220105003M/220105003M_Order%20Directing%20Amendment_01312011.pdf\n\n220105003M_Order Directing Amendment_01312011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220105003M/220105003M_Order%20Directing%20Amendment_01312011_text.pdf\n\n220105003M_closure letter_04062011_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 6, 2011\nMr. Kevin Bodenhamer\nSenior Vice President of Liquid Pipeline Operations\nDixie Pipeline Company\n1100 Louisiana Street\nHouston, Texas 77002-5227\nCPF 2-2010-5003M\nDear Mr. Bodenhamer:\nOn January 31, 2011, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Dixie Pipeline Company (Dixie) an Order Directing Amendment (Order), which\nrequired Dixie to amend certain procedures.\nDixie submitted its amended procedures on March 25, 2011, and then modified its response\non March 31, 2011, after a discussion with a PHMSA senior engineer. We have reviewed the\namended procedures and have determined that Dixie has complied with the terms of the\nOrder. No further action is necessary with regards to the Order and this case is now closed.\nPlease be advised that this letter refers only to CPF 2-2010-5003M and not to any other\nPHMSA pending cases. Also be advised that nothing herein states or implies that the Dixie\nPipeline Company pipeline system meets the requirements of the federal pipeline safety laws\nor regulations. The pipeline system remains subject to inspection by PHMSA.\nSincerely,\nWayne T. Lemoi\nDirector, PHMSA Southern Region\nOffice of Pipeline Safety\n\n220105003M_Order Directing Amendment_01312011_text.pdf\n\nJAN 31 2011\nMr. Jim Collingsworth\nPresident\nDixie Pipeline Company\n1100 Louisiana Street\nHouston, Texas 77002-5227\nRe: CPF No. 2-2010-5003M\nDear Mr. Collingsworth:\nEnclosed please find the Order Directing Amendment issued in the above-referenced case. It\nmakes findings of inadequate procedures and requires that Dixie Pipeline Company amend\ncertain of its operations, maintenance and emergencies procedures. When the terms of the\nOrder are completed, as determined by the Director, Southern Region, this enforcement action\nwill be closed. Service of the Final Order by certified mail is deemed effective upon the date of\nmailing, or 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. Wayne T. Lemoi, Director, Southern Region, PHMSA\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED [7005 1160 0001 0041 3535]\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)\nDIXIE PIPELINE COMPANY, ) CPF No. 2 -2010-5003M\n)\nRespondent. )\n____________________________________)\nORDER DIRECTING AMENDMENT\nOn October 14-16, October 19-22, and November 9-10, 12-13 and 16-19, 2009, pursuant to 49\nU.S.C. § 60117, a representative of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of\nDixie Pipeline Company’s (Dixie or Respondent) procedures in Milner, Georgia; Petal,\nMississippi; and Lexington, South Carolina. Dixie is a subsidiary of Enterprise Products\nOperating, LLC. Dixie operates approximately 1,300 miles of pipeline transporting propane to\ncustomers in the southeastern United States.\nAs a result of the inspection, the Director, Southern Region, OPS (Director), issued to\nRespondent, by letter dated March 22, 2010, a Notice of Amendment (Notice). The Notice\nalleged inadequacies in Dixie’s Operations, Maintenance and Emergencies Manual and\nproposed, in accordance with 49 C.F.R. § 190.237, that Respondent amend its Emergency\nResponse Plan (ERP) procedures to comply with the provisions of 49 C.F.R. § 195.402.\nDixie responded to the Notice by letter dated May 3, 2010 (Response). Respondent adequately\ndescribed the steps that it would take to correct the inadequacies outlined in Item 2 of the Notice.\nHowever, Dixie’s response still failed to address all of the inadequacies in Item 1 of the Notice.\nThe Director responded to Dixie by letter dated July 13, 2010 to request that Respondent\nresubmit adequate procedures to comply with Item 1 of the Notice. Dixie responded by letter\ndated October 6, 2010. Dixie requested and was granted an extension of time until November\n15, 2010 to resubmit its amended procedures.\nRespondent resubmitted its amended procedures for Item 1 of the Notice on November 10, 2010.\nDixie’s modified procedures still failed to address all of the inadequacies described in the Notice.\nIn its Responses, the company did not contest the allegations that its procedures were inadequate.\nAccordingly, based on a review of all the evidence, I find that Respondent has corrected the\nidentified inadequacies in Item 2 of the Notice. However, I find that Respondent’s procedures in\nresponse to Item 1 of the Notice are inadequate as described below:\n\n\n\n2\n− Dixie modified Section 3.5.3.4 of its ERP to include a provision for the use of\nair modeling. Although Dixie included the possible use of an air modeling\nprogram, it placed this responsibility on the local emergency response agency\nor a Hazmat contractor.\n− Dixie’s modified procedures also included a drawing (Drawing 1) showing an\n“IMMEDIATE PRECAUTIONARY AREA - ISOLATE ZONE BASED ON DOT\nERG” and an “INITIAL DOWNWIND EVACATION/HAZARD AREA,” which is\nan illustration representing the isolation and evacuation areas to consider.\nWhile it refers to the DOT ERG, the procedure did not provide guidance on\nusing the drawing, such as the width of the area downwind to be evacuated.\n− Dixie included the DOT ERG as a resource in its modified procedures for use\nduring the “initial response phase.\n” While the value of the DOT ERG is\nacknowledged, it is not a replacement or supplement for a pipeline operator's\nemergency response procedures.\nAccordingly, I find that Respondent’s procedures are inadequate to assure safe operation of its\npipeline system. Pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237, Dixie is ordered to\nmake the following changes to its procedures. Respondent must:\n1. Amend its written procedures to address how Dixie will determine the initial extent\nand location of a vapor cloud formed during a release from its pipeline so that Dixie\ncan begin air monitoring from a safe area.\n2. Amend its procedures to address the identification of factors that would affect the\nvapor cloud, as well as guidance on how the factors will be considered in making\nvapor cloud determinations.\n3. Amend its procedures to include the use of vapor dispersion modeling software,\nformulas, or techniques with appropriate factors to determine the vapor cloud and\nsafe areas from which monitoring can begin.\n4. Submit the amended procedures to the Director within 30 days following receipt of\nthis Order.\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 and demonstrating good cause for an\nextension.\nThe terms and conditions of this Order Directing Amendment are effective upon receipt.\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.\n\n\n\n3\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":9695}