{"operation":"document","citation":"CPF 220165002","title":"ENTERPRISE PRODUCTS OPERATING LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-04-01","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.505(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220165002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220165002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220165002","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220165002","body":"Notice of Probable Violation involving ENTERPRISE PRODUCTS OPERATING LLC. PHMSA's enforcement data identifies the cited regulation as 195.505(b). The case was opened on 2016-04-01 and is reported as closed as of 2018-03-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220165002_Closure Letter_03082018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220165002/220165002_Closure%20Letter_03082018.pdf\n\n220165002_Closure Letter_03082018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220165002/220165002_Closure%20Letter_03082018_text.pdf\n\n220165002_Final Order_02272017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220165002/220165002_Final%20Order_02272017.pdf\n\n220165002_Final Order_02272017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220165002/220165002_Final%20Order_02272017_text.pdf\n\n220165002_NOPV PCO_04012016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220165002/220165002_NOPV%20PCO_04012016.pdf\n\n220165002_NOPV PCO_04012016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220165002/220165002_NOPV%20PCO_04012016_text.pdf\n\n220165002_Operator Response to Notice_06282016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220165002/220165002_Operator%20Response%20to%20Notice_06282016.pdf\n\n220165002_Closure Letter_03082018_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 8, 2018\nMr. James A. Teague\nDirector and Chief Executive Officer\nEnterprise Products Partners, LP\n1100 Louisiana Street, 10th Floor\nHouston, TX 77002\nCPF 2-2016-5002\nDear Mr. Teague:\nOn August 18-20, 2015, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), Southern Region inspected the\nEnterprise Products Operating, LLC (Enterprise) Operator Qualification program in Houston,\nTexas, pursuant to Chapter 601 of 49 United States Code. As a result of the inspection, OPS\nissued to Enterprise a Final Order with a Compliance Order (CO) on February 27, 2017. The\nCO required Enterprise to undertake certain actions to ensure compliance with the federal\npipeline safety regulations.\nOPS Southern Region received documentation, dated February 28, 2018, confirming that the\nCO Items have been completed.\nBased upon our review of the actions taken by Enterprise and the supporting documentation,\nwe have determined that Enterprise has complied with the terms of the CO and the Final\nOrder. This case is now closed and no further action is necessary with respect to the matters\ninvolved in this case.\nPlease be advised that this letter refers only to the referenced order (CPF 2-2016-5002) and\nnot to any other PHMSA cases, if any.\nSincerely,\nJames A. Urisko\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n\n220165002_Final Order_02272017_text.pdf\n\nFebruary 27, 2017\nMr. A. James Teague\nDirector and Chief Executive Officer\nEnterprise Products Partners, LP\n1100 Louisiana Street, 10th Floor\nHouston, TX 77002\nRe: CPF No. 2-2016-5002\nDear Mr. Teague:\nEnclosed please find the Final Order issued in the above-referenced case to your subsidiary,\nEnterprise Products Operating, LLC (Enterprise). It makes one finding of violation and specifies\nactions that need to be taken by Enterprise to comply with the pipeline safety regulations. When\nthe terms of the compliance order have been completed, as determined by the Director, Southern\nRegion, this enforcement action will be closed. Service of the Final Order by certified mail is\ndeemed effective upon the date of mailing, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. James A. Urisko, Director, Southern Region, OPS\nMr. Graham Bacon, Group SVP, Operations EHS&T, Enterprise Products Operating,\nLLC\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\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 )\nEnterprise Products Operating, LLC, ) CPF No. 2-2016-5002\na subsidiary of Enterprise Products Partners, LP, )\n)\n)\n)\nRespondent. )\n_____________________________________________)\nFINAL ORDER\nOn August 18-20, 2015, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the records of Enterprise Products Operating,\nLLC (Enterprise or Respondent), in Houston, Texas. Respondent is a wholly-owned subsidiary\nof Enterprise Products Partners, LP, which operates approximately 49,000 miles of natural gas,\nnatural gas liquid, crude oil, refined products, and petrochemical pipeline s throughout the\nUnited States.1\nAs a result of the inspection, the Director, Southern Region, OPS (Director), issued to\nRespondent, by letter dated April 1, 2016, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Enterprise had violated 49 C.F.R. § 195.505(b) and ordering Respondent to take\ncertain measures to correct the alleged violation.\nFINDING OF VIOLATION\nIn its Response, Enterprise did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.505(b), which states:\n§ 195.505 Qualification program.\nEach operator shall have and follow a written qualification program.\nThe program shall include provisions to:\n1 See www.enterpriseproducts.com. Current as of November 21, 2016.\n\n\n\nCPF No. 2-2016-5002\nPage 2\n(a) . . .\n(b) Ensure through evaluation that individuals performing covered tasks\nare qualified; . . . .\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.505(b) by failing to have and\nfollow a written qualification program with provisions to ensure through evaluation that\nindividuals performing certain covered tasks were qualified to perform them. The Notice had\nthree specific allegations of violation. First, it alleged that Enterprise’s OQ program (Plan)\nidentified two distinct phases of qualification, i.e., the initial qualification and subsequent\nrequalifications, and that the approved qualification methods for both could be found in\nAppendix A of the Plan. The Notice alleged, however, that Appendix A was not only out of date\nbut that the approved qualification methods were contained in ISNetworld, Enterprise’s OQ\nrecord repository and data management system, and not in Appendix A.\nSecond, the Notice alleged that both Appendix A of the Plan and ISNetworld listed certain\nNACE International Institute (NACE) certification courses as acceptable evaluation methods for\nspecific covered tasks, even where the courses “did not provide evaluations related to the\ncovered task.” The Notice provided certain examples of NACE certifications that allegedly did\nnot include an evaluation of a student’s ability to perform those tasks. In addition, the Notice\nalleged that Appendix A of the Plan listed 43 covered tasks that referenced various NACE\ncertifications as acceptable evaluation methods, but that the listed NACE certifications did not\nmeet the regulatory requirements as acceptable evaluation methods for re-qualification and that\nthe NACE certification process did not evaluate the ability of an individual to perform covered\ntasks.\nThird, the Notice alleged that Appendix A listed several NACE courses that were no longer\navailable as evaluation methods. Specifically, Enterprise’s covered task list, as specified in the\nNOPV, identified certain NACE OQ Assessments and Pipeline Corrosion Introductory Training\ncourses that were no longer offered by NACE and had not been available for several years.\nEven though Enterprise did not formally contest this Item, I have reviewed the record and\nbelieve that some clarification of the Notice would be appropriate. While NACE certifications\ncan be used by operators to evaluate an individual’s ability to perform certain covered tasks, their\nuse is entirely dependent upon how an operator’s Plan is written and how the covered tasks are\ndefined. In this case, Enterprise’s Plan called for certain NACE courses to be utilized to evaluate\nboth the individual’s level of knowledge and the person’s ability to perform the Enterprise-\nidentified covered tasks specifically listed in the Notice. While the NACE courses identified in\nthe Notice may be sufficient to satisfy Enterprise’s evaluation requirements and the requirements\nof § 195.505, the Plan in this case failed to describe how the relevant NACE courses fully or\nproperly served to evaluate both the knowledge and performance level of an individual to\nconduct these specific tasks.\nBased upon the findings above that portions of the Plan were inaccurate and out-of-date, I find\nthat Respondent violated 49 C.F.R. § 195.505(b) by failing to have and follow a written\nqualification program with provisions to ensure, through evaluation, that individuals performing\ncertain covered tasks were qualified to perform them. Further, based upon the findings above that\n\n\n\nCPF No. 2-2016-5002\nPage 3\nthe Plan failed to describe how the NACE courses identified in the Notice evaluated both the\nknowledge and performance of an individual to perform Enterprise-identified covered tasks, I\nfind that Respondent violated 49 C.F.R. § 195.505(b) by failing to have and follow a written\nqualification program with provisions to ensure through evaluation that individuals performing\ncertain covered tasks were qualified to perform them.\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 Item 1 in the Notice for a violation of\n49 C.F.R. § 195.505(b). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601. Pursuant to the\nauthority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the\nfollowing actions to ensure compliance with the pipeline safety regulations applicable to its\noperations:\n1. 2. 3. With respect to the violation of § 195.505(b) (Item 1), Respondent must, within 60 days\nof the issuance of the Final Order, complete the following:\na. Review and update the OQ Plan to ensure that all Enterprise-approved evaluation\nmethods (i.e., for initial qualification and/or requalification) for all corrosion-related\ncovered tasks are accurately listed or referenced in the OQ Plan. For each covered\ntask, this should include the evaluation method, including combinations of evaluation\nmethods, and identifying when multiple service providers or other sources are used;\nand\nb. For all covered tasks listing NACE certification as an evaluation method, Enterprise\nmust verify with NACE that any courses administered by NACE include knowledge-\nbased evaluations and/or performance-based evaluations, in accordance with the\nEnterprise OQ Plan, and that they are appropriate to conducting the specific covered\ntask.\nWithin 90 days of the issuance of the Final Order, Enterprise must submit to the Director\ndocumentation demonstrating satisfactory completion of Item 1, including, at a\nminimum, a list of covered tasks reviewed and evaluation methods that were changed.\nIn addition, Respondent is requested (not mandated) to maintain documentation of the\nsafety improvement costs associated with fulfilling this Compliance Order and submit the\ntotal to Mr. James A. Urisko, Director, Southern Region, Pipeline and Hazardous\nMaterials Safety Administration. It is requested that these costs be reported in two\ncategories: 1) total cost associated with preparation/revision of plans, procedures, studies\nand analyses; and 2) total cost associated with replacements, additions and other changes\n\n\n\nCPF No. 2-2016-5002\nPage 4\nto pipeline infrastructure.\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.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nas set forth in 49 C.F.R § 190.223 for each violation for each day the violation continues or in\nreferral to the Attorney General for appropriate relief in a district court of the United States.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nFebruary 27, 2017\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator for Pipeline Safety","truncated":false,"body_characters":12935}