# ENTERPRISE PRODUCTS OPERATING LLC — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

220165002_Closure Letter_03082018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220165002/220165002_Closure%20Letter_03082018.pdf

220165002_Closure Letter_03082018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220165002/220165002_Closure%20Letter_03082018_text.pdf

220165002_Final Order_02272017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220165002/220165002_Final%20Order_02272017.pdf

220165002_Final Order_02272017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220165002/220165002_Final%20Order_02272017_text.pdf

220165002_NOPV PCO_04012016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220165002/220165002_NOPV%20PCO_04012016.pdf

220165002_NOPV PCO_04012016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220165002/220165002_NOPV%20PCO_04012016_text.pdf

220165002_Operator Response to Notice_06282016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220165002/220165002_Operator%20Response%20to%20Notice_06282016.pdf

220165002_Closure Letter_03082018_text.pdf

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 8, 2018
Mr. James A. Teague
Director and Chief Executive Officer
Enterprise Products Partners, LP
1100 Louisiana Street, 10th Floor
Houston, TX 77002
CPF 2-2016-5002
Dear Mr. Teague:
On August 18-20, 2015, representatives of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), Office of Pipeline Safety (OPS), Southern Region inspected the
Enterprise Products Operating, LLC (Enterprise) Operator Qualification program in Houston,
Texas, pursuant to Chapter 601 of 49 United States Code. As a result of the inspection, OPS
issued to Enterprise a Final Order with a Compliance Order (CO) on February 27, 2017. The
CO required Enterprise to undertake certain actions to ensure compliance with the federal
pipeline safety regulations.
OPS Southern Region received documentation, dated February 28, 2018, confirming that the
CO Items have been completed.
Based upon our review of the actions taken by Enterprise and the supporting documentation,
we have determined that Enterprise has complied with the terms of the CO and the Final
Order. This case is now closed and no further action is necessary with respect to the matters
involved in this case.
Please be advised that this letter refers only to the referenced order (CPF 2-2016-5002) and
not to any other PHMSA cases, if any.
Sincerely,
James A. Urisko
Director, Office of Pipeline Safety
PHMSA Southern Region

220165002_Final Order_02272017_text.pdf

February 27, 2017
Mr. A. James Teague
Director and Chief Executive Officer
Enterprise Products Partners, LP
1100 Louisiana Street, 10th Floor
Houston, TX 77002
Re: CPF No. 2-2016-5002
Dear Mr. Teague:
Enclosed please find the Final Order issued in the above-referenced case to your subsidiary,
Enterprise Products Operating, LLC (Enterprise). It makes one finding of violation and specifies
actions that need to be taken by Enterprise to comply with the pipeline safety regulations. When
the terms of the compliance order have been 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,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. James A. Urisko, Director, Southern Region, OPS
Mr. Graham Bacon, Group SVP, Operations EHS&T, Enterprise Products Operating,
LLC
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
_____________________________________________
In the Matter of )
Enterprise Products Operating, LLC, ) CPF No. 2-2016-5002
a subsidiary of Enterprise Products Partners, LP, )
)
)
)
Respondent. )
_____________________________________________)
FINAL ORDER
On August 18-20, 2015, 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 the records of Enterprise Products Operating,
LLC (Enterprise or Respondent), in Houston, Texas. Respondent is a wholly-owned subsidiary
of Enterprise Products Partners, LP, which operates approximately 49,000 miles of natural gas,
natural gas liquid, crude oil, refined products, and petrochemical pipeline s throughout the
United States.1
As a result of the inspection, the Director, Southern Region, OPS (Director), issued to
Respondent, by letter dated April 1, 2016, a Notice of Probable Violation and Proposed
Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed
finding that Enterprise had violated 49 C.F.R. § 195.505(b) and ordering Respondent to take
certain measures to correct the alleged violation.
FINDING OF VIOLATION
In its Response, Enterprise did not contest the allegation in the Notice that it violated 49 C.F.R.
Part 195, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.505(b), which states:
§ 195.505 Qualification program.
Each operator shall have and follow a written qualification program.
The program shall include provisions to:
1 See www.enterpriseproducts.com. Current as of November 21, 2016.



CPF No. 2-2016-5002
Page 2
(a) . . .
(b) Ensure through evaluation that individuals performing covered tasks
are qualified; . . . .
The Notice alleged that Respondent violated 49 C.F.R. § 195.505(b) by failing to have and
follow a written qualification program with provisions to ensure through evaluation that
individuals performing certain covered tasks were qualified to perform them. The Notice had
three specific allegations of violation. First, it alleged that Enterprise’s OQ program (Plan)
identified two distinct phases of qualification, i.e., the initial qualification and subsequent
requalifications, and that the approved qualification methods for both could be found in
Appendix A of the Plan. The Notice alleged, however, that Appendix A was not only out of date
but that the approved qualification methods were contained in ISNetworld, Enterprise’s OQ
record repository and data management system, and not in Appendix A.
Second, the Notice alleged that both Appendix A of the Plan and ISNetworld listed certain
NACE International Institute (NACE) certification courses as acceptable evaluation methods for
specific covered tasks, even where the courses “did not provide evaluations related to the
covered task.” The Notice provided certain examples of NACE certifications that allegedly did
not include an evaluation of a student’s ability to perform those tasks. In addition, the Notice
alleged that Appendix A of the Plan listed 43 covered tasks that referenced various NACE
certifications as acceptable evaluation methods, but that the listed NACE certifications did not
meet the regulatory requirements as acceptable evaluation methods for re-qualification and that
the NACE certification process did not evaluate the ability of an individual to perform covered
tasks.
Third, the Notice alleged that Appendix A listed several NACE courses that were no longer
available as evaluation methods. Specifically, Enterprise’s covered task list, as specified in the
NOPV, identified certain NACE OQ Assessments and Pipeline Corrosion Introductory Training
courses that were no longer offered by NACE and had not been available for several years.
Even though Enterprise did not formally contest this Item, I have reviewed the record and
believe that some clarification of the Notice would be appropriate. While NACE certifications
can be used by operators to evaluate an individual’s ability to perform certain covered tasks, their
use is entirely dependent upon how an operator’s Plan is written and how the covered tasks are
defined. In this case, Enterprise’s Plan called for certain NACE courses to be utilized to evaluate
both the individual’s level of knowledge and the person’s ability to perform the Enterprise-
identified covered tasks specifically listed in the Notice. While the NACE courses identified in
the Notice may be sufficient to satisfy Enterprise’s evaluation requirements and the requirements
of § 195.505, the Plan in this case failed to describe how the relevant NACE courses fully or
properly served to evaluate both the knowledge and performance level of an individual to
conduct these specific tasks.
Based upon the findings above that portions of the Plan were inaccurate and out-of-date, I find
that Respondent violated 49 C.F.R. § 195.505(b) by failing to have and follow a written
qualification program with provisions to ensure, through evaluation, that individuals performing
certain covered tasks were qualified to perform them. Further, based upon the findings above that



CPF No. 2-2016-5002
Page 3
the Plan failed to describe how the NACE courses identified in the Notice evaluated both the
knowledge and performance of an individual to perform Enterprise-identified covered tasks, I
find that Respondent violated 49 C.F.R. § 195.505(b) by failing to have and follow a written
qualification program with provisions to ensure through evaluation that individuals performing
certain covered tasks were qualified to perform them.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 1 in the Notice for a violation of
49 C.F.R. § 195.505(b). Under 49 U.S.C. § 60118(a), each person who engages in the
transportation of hazardous liquids or who owns or operates a pipeline facility is required to
comply with the applicable safety standards established under chapter 601. Pursuant to the
authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the
following actions to ensure compliance with the pipeline safety regulations applicable to its
operations:
1. 2. 3. With respect to the violation of § 195.505(b) (Item 1), Respondent must, within 60 days
of the issuance of the Final Order, complete the following:
a. Review and update the OQ Plan to ensure that all Enterprise-approved evaluation
methods (i.e., for initial qualification and/or requalification) for all corrosion-related
covered tasks are accurately listed or referenced in the OQ Plan. For each covered
task, this should include the evaluation method, including combinations of evaluation
methods, and identifying when multiple service providers or other sources are used;
and
b. For all covered tasks listing NACE certification as an evaluation method, Enterprise
must verify with NACE that any courses administered by NACE include knowledge-
based evaluations and/or performance-based evaluations, in accordance with the
Enterprise OQ Plan, and that they are appropriate to conducting the specific covered
task.
Within 90 days of the issuance of the Final Order, Enterprise must submit to the Director
documentation demonstrating satisfactory completion of Item 1, including, at a
minimum, a list of covered tasks reviewed and evaluation methods that were changed.
In addition, Respondent is requested (not mandated) to maintain documentation of the
safety improvement costs associated with fulfilling this Compliance Order and submit the
total to Mr. James A. Urisko, Director, Southern Region, Pipeline and Hazardous
Materials Safety Administration. It is requested that these costs be reported in two
categories: 1) total cost associated with preparation/revision of plans, procedures, studies
and analyses; and 2) total cost associated with replacements, additions and other changes



CPF No. 2-2016-5002
Page 4
to pipeline infrastructure.
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.
Failure to comply with this Order may result in the administrative assessment of civil penalties
as set forth in 49 C.F.R § 190.223 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.
The terms and conditions of this Final Order are effective upon service in accordance with
49 C.F.R. § 190.5.
February 27, 2017
___________________________________ __________________________
Alan K. Mayberry Date Issued
Associate Administrator for Pipeline Safety
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