DIXIE PIPELINE COMPANY LLC — Notice of Amendment

case documentOfficial PDF220105003M_NOA_03222010.pdf#

case documentOfficial PDF220105003M_NOA_03222010_text.pdf#

party submissionOfficial PDF220105003M_operator response_05032010.pdf#

party submissionOfficial PDF220105003M_operator response_11102010.pdf#

220105003M_closure letter_04062011_text.pdf, page 1Official PDFCERTIFIED MAIL - RETURN RECEIPT REQUESTED April 6, 2011 Mr. Kevin Bodenhamer Senior Vice President of Liquid Pipeline Operations Dixie Pipeline Company 1100 Louisiana Street Houston, Texas 77002-5227 CPF 2-2010-5003M Dear Mr. Bodenhamer: On January 31, 2011, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to Dixie Pipeline Company (Dixie) an Order Directing Amendment (Order), which required Dixie to amend certain procedures. Dixie submitted its amended procedures on March 25, 2011, and then modified its response on March 31, 2011, after a discussion with a PHMSA senior engineer. We have reviewed the amended procedures and have determined that Dixie has complied with the terms of the Order. No further action is necessary with regards to the Order and this case is now closed. Please be advised that this letter refers only to CPF 2-2010-5003M and not to any other PHMSA pending cases. Also be advised that nothing herein states or implies that the Dixie Pipeline Company pipeline system meets the requirements of the federal pipeline safety laws or regulations. The pipeline system remains subject to inspection by PHMSA. Sincerely, Wayne T. Lemoi Director, PHMSA Southern Region Office of Pipeline Safety#

220105003M_Order Directing Amendment_01312011_text.pdf, page 1Official PDFJAN 31 2011 Mr. Jim Collingsworth President Dixie Pipeline Company 1100 Louisiana Street Houston, Texas 77002-5227 Re: CPF No. 2-2010-5003M Dear Mr. Collingsworth: Enclosed please find the Order Directing Amendment issued in the above-referenced case. It makes findings of inadequate procedures and requires that Dixie Pipeline Company amend certain of its operations, maintenance and emergencies procedures. When the terms of the Order are completed, as determined by the Director, Southern Region, this enforcement action will be closed. Service of the Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Jeffrey D. Wiese Associate Administrator for Pipeline Safety Enclosure cc: Mr. Wayne T. Lemoi, Director, Southern Region, PHMSA CERTIFIED MAIL - RETURN RECEIPT REQUESTED [7005 1160 0001 0041 3535]#

220105003M_Order Directing Amendment_01312011_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ ) In the Matter of ) ) DIXIE PIPELINE COMPANY, ) CPF No. 2 -2010-5003M ) Respondent. ) ____________________________________) ORDER DIRECTING AMENDMENT On October 14-16, October 19-22, and November 9-10, 12-13 and 16-19, 2009, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of Dixie Pipeline Company’s (Dixie or Respondent) procedures in Milner, Georgia; Petal, Mississippi; and Lexington, South Carolina. Dixie is a subsidiary of Enterprise Products Operating, LLC. Dixie operates approximately 1,300 miles of pipeline transporting propane to customers in the southeastern United States. As a result of the inspection, the Director, Southern Region, OPS (Director), issued to Respondent, by letter dated March 22, 2010, a Notice of Amendment (Notice). The Notice alleged inadequacies in Dixie’s Operations, Maintenance and Emergencies Manual and proposed, in accordance with 49 C.F.R. § 190.237, that Respondent amend its Emergency Response Plan (ERP) procedures to comply with the provisions of 49 C.F.R. § 195.402. Dixie responded to the Notice by letter dated May 3, 2010 (Response). Respondent adequately described the steps that it would take to correct the inadequacies outlined in Item 2 of the Notice. However, Dixie’s response still failed to address all of the inadequacies in Item 1 of the Notice. The Director responded to Dixie by letter dated July 13, 2010 to request that Respondent resubmit adequate procedures to comply with Item 1 of the Notice. Dixie responded by letter dated October 6, 2010. Dixie requested and was granted an extension of time until November 15, 2010 to resubmit its amended procedures. Respondent resubmitted its amended procedures for Item 1 of the Notice on November 10, 2010. Dixie’s modified procedures still failed to address all of the inadequacies described in the Notice. In its Responses, the company did not contest the allegations that its procedures were inadequate. Accordingly, based on a review of all the evidence, I find that Respondent has corrected the identified inadequacies in Item 2 of the Notice. However, I find that Respondent’s procedures in response to Item 1 of the Notice are inadequate as described below:#

220105003M_Order Directing Amendment_01312011_text.pdf, page 32 − Dixie modified Section 3.5.3.4 of its ERP to include a provision for the use of air modeling. Although Dixie included the possible use of an air modeling program, it placed this responsibility on the local emergency response agency or a Hazmat contractor. − Dixie’s modified procedures also included a drawing (Drawing 1) showing an “IMMEDIATE PRECAUTIONARY AREA - ISOLATE ZONE BASED ON DOT ERG” and an “INITIAL DOWNWIND EVACATION/HAZARD AREA,” which is an illustration representing the isolation and evacuation areas to consider. While it refers to the DOT ERG, the procedure did not provide guidance on using the drawing, such as the width of the area downwind to be evacuated. − Dixie included the DOT ERG as a resource in its modified procedures for use during the “initial response phase. ” While the value of the DOT ERG is acknowledged, it is not a replacement or supplement for a pipeline operator's emergency response procedures. Accordingly, I find that Respondent’s procedures are inadequate to assure safe operation of its pipeline system. Pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237, Dixie is ordered to make the following changes to its procedures. Respondent must: 1. Amend its written procedures to address how Dixie will determine the initial extent and location of a vapor cloud formed during a release from its pipeline so that Dixie can begin air monitoring from a safe area. 2. Amend its procedures to address the identification of factors that would affect the vapor cloud, as well as guidance on how the factors will be considered in making vapor cloud determinations. 3. Amend its procedures to include the use of vapor dispersion modeling software, formulas, or techniques with appropriate factors to determine the vapor cloud and safe areas from which monitoring can begin. 4. Submit the amended procedures to the Director within 30 days following receipt of this Order. The Director may grant an extension of time to comply with any of the required items upon a written request timely submitted by the Respondent and demonstrating good cause for an extension. The terms and conditions of this Order Directing Amendment are effective upon receipt. Failure to comply with this Order may result in administrative assessment of civil penalties not to exceed $100,000 for each violation for each day the violation continues or in referral to the Attorney General for appropriate relief in a district court of the United States.#

220105003M_Order Directing Amendment_01312011_text.pdf, page 43 Under 49 C.F.R. § 190.215, Respondent has a right to submit a Petition for Reconsideration of this Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA will accept petitions received no later than 20 days after receipt of service of this Final Order by the Respondent, provided they contain a brief statement of the issue(s) and meet all other requirements of 49 C.F.R. § 190.215. Unless the Associate Administrator, upon request, grants a stay, the terms and conditions of this Final Order are effective upon service in accordance with 49 C.F.R. § 190.5. ___________________________________ __________________________ Jeffrey D. Wiese Date Issued Associate Administrator for Pipeline Safety#