{"operation":"document","citation":"CPF 220195005W","title":"ENTERPRISE PRODUCTS OPERATING LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-11-01","effective_on":null,"summary":"CLOSED warning letter citing 195.420(a), 195.420(b), 195.49.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220195005w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220195005w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220195005w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220195005W","body":"Warning Letter involving ENTERPRISE PRODUCTS OPERATING LLC. PHMSA's enforcement data identifies the cited regulations as 195.420(a),  195.420(b),  195.49. The case was opened on 2019-11-01 and is reported as closed as of 2019-11-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220195005W_Operator Response to Notice_11252019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220195005W/220195005W_Operator%20Response%20to%20Notice_11252019.pdf\n\n220195005W_Warning Letter_11012019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220195005W/220195005W_Warning%20Letter_11012019.pdf\n\n220195005W_Warning Letter_11012019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220195005W/220195005W_Warning%20Letter_11012019_text.pdf\n\n220195005W_Warning Letter_11012019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 1, 2019\nMr. Graham W. Bacon\nGroup Sr. Vice President\nOperations & EHS&T\nEnterprise Products Operating, LLC\n1100 Louisiana Street\nHouston, TX 77002\nCPF 2-2019-5005W\nDear Mr. Bacon:\nBetween April 8 and April 25, 2019, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected the Enterprise Products Operating, LLC (Enterprise) Tri-States System in Alabama,\nLouisiana & Mississippi.\nAs a result of the inspection, it is alleged that Enterprise has committed probable violations of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items\ninspected and the probable violations are:\n1. §195.420 Valve maintenance.\n(a) Each operator shall maintain each valve that is necessary for the safe operation\nof its pipeline systems in good working order at all times.\n(b) Each operator shall, at intervals not exceeding 7 1/2 months, but at least twice\neach calendar year, inspect each mainline valve to determine that it is functioning\nproperly.\nEnterprise failed to comply with the regulation because it did not, at intervals not\nexceeding 7 1/2 months, but at least twice each calendar year, inspect each mainline\nvalve to determine that it is functioning properly.\n\n\n\nEnterprise began operating the Tri-States system on October 1, 2016. PHMSA’s review of\nrecords documenting required valve inspections revealed that Enterprise inspected Mainline\nValve VLV-0068A only once, on April 10, 2019. Enterprise personnel were unable to provide\nrecord of any other inspection of the above-referenced valve since Enterprise began operating the\nTri-States system.\n2. §195.49 Annual report.\nEach operator must annually complete and submit DOT Form PHMSA F 7000-1.1\nfor each type of hazardous liquid pipeline facility operated at the end of the previous\nyear. An operator must submit the annual report by June 15 each year, except that\nfor the 2010 reporting year the report must be submitted by August 15, 2011. […]\nEnterprise failed to comply with the regulation because it did not complete and submit\nDOT Form PHMSA F 7000-1.1 (Annual Report) for each type of hazardous liquid\npipeline facility it operated at the end the previous year. Specifically, Annual Reports\nsubmitted by Enterprise for Calendar Years (CY) 2016 and 2017 did not accurately\nreflect the interstate status of all components of Enterprise’s Tri-States system during the\nprevious reporting period.\nDuring an on-site inspection, PHMSA personnel noted three lateral lines in the Tri-States\nsystem which were not included as interstate facilities in annual reports submitted by\nEnterprise for CY 2016 and 2017 (Line 398 in Alabama, and Lines 399 and 404 in\nMississippi).\nFollowing PHMSA’s identification of the discrepancy, Enterprise submitted\nsupplemental Annual Reports for CY 2016 and 2017, updating the interstate designation\nto accurately reflect the Tri-States system’s status at the end of each respective CY.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, Enterprise is subject to a civil penalty not to\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for\na related series of violations. For violations occurring on or after November 27, 2018 and before\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violations occurring on or after November 2,\n2015 and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to exceed $2,090,022. For violations occurring\nprior to November 2, 2015, the maximum penalty may not exceed $200,000 per violation per\nday, with a maximum penalty not to exceed $2,000,000 for a related series of violations. We\nhave reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise Enterprise to correct the items identified in this letter. Failure to do so will\nresult in Enterprise being subject to additional enforcement action.\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 2-2019-5005W. 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,\nJames A. Urisko\nDirector, Office of Pipeline Safety\nPHMSA Southern Region","truncated":false,"body_characters":5830}