{"operation":"document","citation":"CPF 320165010H","title":"ENTERPRISE PRODUCTS OPERATING LLC — Corrective Action Order","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-12-06","effective_on":null,"summary":"CLOSED corrective action order.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320165010h.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320165010h.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320165010h","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320165010H","body":"Corrective Action Order involving ENTERPRISE PRODUCTS OPERATING LLC. The dataset does not identify a cited regulation for this case. The case was opened on 2016-12-06 and is reported as closed as of 2018-09-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320165010H_Closure Letter_09072018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165010H/320165010H_Closure%20Letter_09072018.pdf\n\n320165010H_Closure Letter_09072018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165010H/320165010H_Closure%20Letter_09072018_text.pdf\n\n320165010H_Corrective Action Order_12062016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165010H/320165010H_Corrective%20Action%20Order_12062016.pdf\n\n320165010H_Corrective Action Order_12062016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165010H/320165010H_Corrective%20Action%20Order_12062016_text.pdf\n\n320165010H_Corrective Action Order_12062016_text.pdf\n\nDecember 6, 2016\nVIA CERTIFIED MAIL AND FAX TO:\nMr. Graham Bacon\nExecutive Vice President, Operations and Engineering\nEnterprise Products Operating, LLC\n1100 Louisiana Street\nHouston, Texas 77002\nCPF No. 3-2016-5010H\nDear Mr. Bacon:\nEnclosed is a Corrective Action Order issued in the above-referenced case. It requires Enterprise\nProducts Operating, LLC, to take certain corrective actions with respect to your 10-inch East Red\nLine (ethane-propane mix) pipeline that failed on November 29, 2016, in Platte County, Missouri.\nService is being made by certified mail and facsimile. Your receipt of this Corrective Action\nOrder constitutes service of that document under 49 C.F.R. § 190.5. The terms and conditions of\nthe Order are effective upon receipt.\nWe look forward to the successful resolution of the concerns arising out of this accident and to\nensure the safe operation of Enterprise’s pipeline facilities. Please direct any questions on this\nmatter to Allan Beshore, Region Director, Central Region, OPS, at (816) 329-3811.\nSincerely,\nAlan K. Mayberry\nActing Associate Administrator\nfor Pipeline Safety\nEnclosure: Corrective Action Order and Copy of 49 C.F.R. § 190.233\ncc: Ms. Linda Daugherty, Deputy Associate Administrator for Field Operations, OPS\nMr. Allan Beshore, Region Director, OPS\nMr. Jeffrey Morton, Director, Transportation Compliance, Enterprise Products Operating,\nLLC,JCMORTON@eprod.com\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 )\n)\n)\nEnterprise Products Operating, LLC, ) CPF No. 3-2016-5010H\nRespondent. )\n)\n)\n_______________________________________________ )\nCORRECTIVE ACTION ORDER\nPurpose and Background:\nThis Corrective Action Order (Order) is being issued under authority of 49 U.S.C. § 60112 to\nrequire Enterprise Products Operating, LLC (Enterprise or Respondent), to take the necessary\ncorrective actions to protect the public, property, and the environment from potential hazards\nassociated with a release from its 10-inch East Red Line ethane-propane mix interstate\ntransmission pipeline in Platte County, Missouri.1 This Order finds that continued operation of\nthat portion of Respondent’s 10-inch East Red Line ethane-propane mix pipeline system running\nfrom the Conway (KS) Pump Station to approximately 3 miles east of the Kearney (MO) Pump\nStation at MP 212 (Affected Segment), without corrective action, is or would be hazardous to life,\nproperty, or the environment and requires Respondent to take immediate action to ensure its safe\noperation.\nOn November 29, 2016, a reportable accident occurred on the Affected Segment approximately\n5.6 miles to the northwest of Smithville, Missouri, resulting in the release of approximately 5,000\nbarrels of ethane-propane mixture (Failure). The Failure occurred at Milepost (MP) 191, between\nthe McLouth Pump Station and the Kearney Pump Station on the Affected Segment. The escaping\nproduct ignited and the fire was allowed to burn out. There were no evacuations or injuries\nassociated with the Failure. The cause of the Failure has not yet been determined. Pursuant to\n49 U.S.C. § 60117, the Pipeline and Hazardous Materials Safety Administration (PHMSA),\nOffice of Pipeline Safety (OPS), initiated an investigation of the accident. The preliminary\nfindings of the agency's ongoing investigation are as follows:\n1 Enterprise Products Operating, LLC’s East Red Line is part of the MAPCO pipeline system present in 13 states.\nThe MAPCO pipeline system is a Natural Gas Liquids (NGL) pipeline system consisting of four primary segments,\ntotaling approximately 8,074 miles in length. The 2,113-mile Conway North pipelines (East Red and Blue lines)\nlink the NGL hub at Conway, Kansas, to refineries, petrochemical plans and propane markets in the upper Midwest.\n\n\n\nCPF No. 3-2016-5010H\nPage 2\nPreliminary Findings:\n At approximately 6:40 p.m. CST (all times are CST unless otherwise indicated) on\nNovember 29, 2016, a rupture occurred on the Enterprise 10-inch diameter East Red\nLine.\n The accident was initially reported by the public to the National Response Center at 7:56\npm CDT on November 29, 2016 (NRC Report No. 1165213), indicating a 5,000-\nbarrel release of ethane-propane mix.\n The released product ignited, which resulted in a large fire that caused severe\nvegetation damage. The fire was allowed to burn out. There have been no reported\ninjuries or significant property damage. There have been no evacuations or reports\nof structures being impacted.\n The failure was isolated to within a 2.5 mile section of the pipeline by closing block\nvalves at approximate MP 190 and MP 193 (Isolated Segment). The operating pressure\nat the time of failure was 1231 psig at the McLouth Pump Station (upstream).\n The Failure occurred on the Affected Segment, which is a bi-directional system with\na Maximum Operating Pressure (MOP) of 1236 psig.\n The Affected Segment was installed in 1970. It is 10-inch nominal diameter, 0.188”\nwall thickness, API 5LX Grade X52 line pipe manufactured by Republic Steel. The\npipe has a high-frequency ERW longitudinal seam and is coated with a polyethylene\ntape coating.\n The pipeline was last tested hydrostatically in 2002. The pipeline was most recently\nassessed in 2014, using inline inspection (ILI).\n There have been a number of significant failures along this portion of the pipeline\nsystem, including failures related to stress corrosion cracking, excavation\ndamage, and material failures. A stress corrosion cracking failure occurred on\nthe Affected Segment on December 27, 2005, that released 3,113 barrels of\nproduct in Leavenworth County, Missouri. A failure due to earth movement\noccurred on the Affected Segment on March 30, 2010, that released 656 barrels of\nproduct in Chariton County, Missouri.\n On June 6, 2001, the Research and Special Programs Administration - PHMSA’s\npredecessor - issued a Corrective Action Order [CPF 3-2001-5011H] to Williams\nEnergy Services (Williams) - Respondent’s predecessor - which required Williams to\nconduct a detailed metallurgical analysis of the failed pipe. The 2001 accident involved\na rupture initiated in the longitudinal seam.\n In 2003, the Office of Pipeline Safety issued an Advisory Bulletin regarding the threat\n\n\n\nCPF No. 3-2016-5010H\nPage 3\nof stress corrosion cracking.\n Ethane and propane are highly volatile liquids that will form a vapor cloud when\nreleased into the atmosphere. The vapor cloud generated by the release of the propane\nand ethane mixture will stay close to the ground and follow the surrounding terrain and\naccumulate in low areas.\n The area around the failure site was a low area. This type of product may accumulate\nin ditches adjacent to highways and other roadways, valleys and streams.\n The PHMSA investigation is on-going and information could change. This Order\nmay be amended based on further findings.\nDetermination of Necessity for Corrective Action Order and Right to Hearing:\nSection 60112 of Title 49, United States Code, provides for the issuance of a Corrective Action\nOrder, after reasonable notice and the opportunity for a hearing, requiring corrective action,\nwhich may include the suspended or restricted use of a pipeline facility, physical inspection,\ntesting, repair, replacement, or other action, as appropriate. The basis for making the\ndetermination that a pipeline facility is hazardous and requiring corrective action is set forth both\nin the above-referenced statute and 49 C.F.R.§ 190.233, a copy of which is enclosed.\nSection 60112, and the regulations promulgated thereunder, provide for the issuance of a\nCorrective Action Order without prior opportunity for notice and hearing upon a finding that\nfailure to issue the Order expeditiously will likely result in serious harm to life, property or the\nenvironment. In such cases, an opportunity for a hearing will be provided as soon as practicable\nafter the issuance of the Order.\nAfter evaluating the foregoing preliminary findings of fact and considering the ongoing\ninvestigation of the Failure, I find that the continued operation of the Affected Segment without\ncorrective measures is or would be hazardous to life, property and the environment. Additionally,\nafter considering the age of the pipe, the circumstances surrounding the Failure, the hazardous\nnature of the product being transported, the pressure required for transporting the material, the\nmethod of manufacture, the uncertainties as to the cause of the Failure, the prior failures on the\nAffected Segment, and the ongoing investigations to determine the cause of the Failure, I find that\na failure to issue this Order expeditiously to require immediate corrective action would result in\nlikely serious harm to life, property, and the environment.\nAccordingly, this Corrective Action Order mandating immediate corrective action is issued\nwithout prior notice and opportunity for a hearing. The terms and conditions of this Order are\neffective upon receipt.\nWithin 10 days of receipt of this Order, Respondent may request a hearing, to be held as soon as\npracticable, by notifying the Associate Administrator for Pipeline Safety in writing, with a copy\nto the Director, Central Region, PHMSA (Director). If a hearing is requested, it will be held\ntelephonically or in-person in Kansas City, Missouri.\n\n\n\nCPF No. 3-2016-5010H\nPage 4\nAfter receiving and analyzing additional data in the course of this investigation, PHMSA may\nidentify other corrective measures that need to be taken. Respondent will be notified of any\nadditional measures required and amendment of this Order will be considered. To the extent\nconsistent with safety, Respondent will be afforded notice and an opportunity for a hearing prior\nto the imposition of any additional corrective measures.\nRequired Corrective Actions:\nDefinitions:\nAffected Segment means the segment of Respondent’s 10-inch East Red Line pipeline system\nrunning from Conway (KS) Pump Station to approximately 3 miles east of the Kearney (MO)\nPump Station at MP 212.\nIsolated Segment means the segment of the pipeline from the valve at MP 190 to the valve at MP\n193 that was shut down and isolated in response to the Failure.\nFailure Site means the pipeline section on the Affected Segment where the failure occurred on\nNovember 29, 2016, at MP 191 between the McLouth and Kearney pump stations.\nPursuant to 49 U.S.C. 60112, I hereby order Enterprise to immediately take the following\ncorrective actions for the Affected Segment:\n1. Shutdown of the Isolated Segment. The 10” Enterprise East Red Line Pipeline from the\nvalve at MP 190 to the valve at MP 193 is currently out of service. This Isolated Segment\nmust remain shut down until the Central Region Director has provided written approval\nto Enterprise to resume operations. The Affected Segment is subject to the pressure\nrestriction set forth in Item 4 below.\n2. Restart Plan. Prior to resuming operation of the Isolated Segment, Enterprise must\ndevelop and submit a written Restart Plan to the Director for prior approval. The Restart\nPlan must provide for the safe restart and operation of the Isolated Segment and address\nany findings associated with the Failure that require remedial measures prior to restart.\na. Once approved by the Director, the Restart Plan will be incorporated by reference into\nthis Order.\n3. b. The Restart Plan must provide for adequate patrolling of the Isolated Segment during\nthe restart process and include sufficient surveillance of the pipeline to ensure that no\nleaks are present when operation of the line resumes.\nc. The Restart Plan must specify a day-light restart and include advance communications\nwith local emergency response officials.\nReturn to Service. After the Director approves the Restart Plan, Enterprise may return\nthe Isolated Segment to service but the operating pressure must not exceed eighty percent\n(80%) of the actual operating pressure in effect immediately prior to the Failure on\nNovember 29, 2016, in accordance with Item 4 below.\n\n\n\nCPF No. 3-2016-5010H\nPage 5\n4. Operating Pressure Restriction. Enterprise must reduce and maintain a twenty percent\n(20%) pressure reduction in the actual operating pressure on the Affected Segment, such\nthat the operating pressure will not exceed eighty percent (80%) of the actual operating\npressure in effect immediately prior to the Failure on November 29, 2016.\na. This pressure restriction is to remain in effect until written approval to increase the\npressure or return the pipeline to its pre-failure operating pressure is obtained from the\nDirector.\nb. Prior to resuming operation, Enterprise must provide the Director with the actual\noperating pressures of each pump/compressor station and each main line pressure\nregulating station on the Affected Segment at the time of failure and the reduced\npressure restriction set-points at these same locations. Since portions of the Affected\nSegment are capable of bi-directional operation, the reduced pressure pump station\nset-points should be specified for both directions of flow where applicable.\nc. This pressure restriction requires any relevant remote or local alarm limits, software\nprogramming set-points or control points, and mechanical over-pressure devices to be\nadjusted accordingly.\nd. When determining the pressure restriction set-points, Enterprise must take into\naccount any ILI features or anomalies present in the Affected Segment to provide for\ncontinued safe operation while further corrective actions are completed. A description\nof how any ILI features or anomalies were accounted for in the determination of\npressure restriction set-points shall be provided with the information submitted per\nItem 4b above.\n5. e. Enterprise must review the pressure restriction quarterly by analyzing the operating\npressure data. Enterprise must take into account any ILI features or anomalies present\nin the Affected Segment and immediately reduce the operating pressure to maintain the\nsafe operations of the Affected Segment, if warranted by the quarterly review.\nEnterprise must submit the results of the quarterly review to the Director. The results\nmust include, at a minimum, the current discharge set-points (including any additional\npressure reductions), and any pressure exceedance at discharge set-points.\nRemoval of Pressure Restriction. The Director may allow the removal or modification\nof the pressure restriction upon a written request from Enterprise demonstrating that\nrestoring the pipeline to its pre-failure operating pressure is justified, based on a reliable\nengineering analysis showing that the pressure increase is safe considering all known\ndefects, anomalies, and operating parameters of the pipeline.\n6. Testing of Failed Pipeline Section. Within 45 days following receipt of this Order,\nEnterprise must complete mechanical and metallurgical testing and failure analysis of the\nfailed pipe and other pipe removed, including analysis of soil samples and any foreign\nmaterials. Enterprise must complete the testing and analysis as follows:\na. Document the chain-of-custody when handling and transporting the failed pipe\nsection and other evidence from the failure site.\n\n\n\n7. CPF No. 3-2016-5010H\nPage 6\nb. Submit the testing protocols and the selection of the testing laboratory to the\nDirector for prior approval.\nc. Prior to commencing the mechanical and metallurgical testing, provide the\nDirector with the scheduled date, time, and location of the testing to allow a\nPHMSA representative to witness the testing.\nd. Ensure that the testing laboratory distributes all resulting reports in their entirety\n(including all media), whether draft or final, to the Director at the same time as\nthey are made available to Respondent.\nRemedial Work Plan (RWP). Within 90 days following receipt of this Order, Enterprise\nmust submit an Integrity Verification and Remedial Work Plan (RWP) for implementing\ncontinuing long-term periodic testing to the Director for approval.\na. b. The Director may approve the RWP incrementally without approving the entire RWP.\nOnce approved by the Director, the RWP will be incorporated by reference into this\nOrder.\nc. The RWP must provide for the verification of the integrity of the pipeline and must\naddress all factors known or suspected in the November 29, 2016 failure, including,\nbut not limited to the following:\n1. The integration of the results of the failure analyses and other actions\nrequired by this Order with all relevant pre-existing operational and\nassessment data for the Affected Segment. Pre-existing operational data\nincludes, but is not limited to, all historical repair information, construction,\noperating, maintenance, testing, metallurgical analysis, and other third-party\nconsultation information, and assessment data for the Affected Segment. Pre-\nexisting assessment data includes, but is not limited to, ILI tool runs,\nhydrostatic pressure testing, direct assessments, close interval surveys, and\nelectrical gradient surveys. Data gathering activities must include a review\nof the failure history of the pipeline (including in-service and pressure test\nfailures) and development of a written report to the Director containing all\navailable information regarding locations, dates, and causes of leaks and\nfailures. Additionally, the written report shall include a current integrity\nevaluation for the Affected Segment, including pre-existing ILI features,\nanomalies, assessment results, and status of remedial actions.\n2. The performance of additional field testing, inspections, and evaluations to\ndetermine whether and to what extent the conditions associated with the\nfailures, or any other integrity-threatening conditions, are present elsewhere\non the Affected Segment. At a minimum, the inspections and evaluations\nmust consider use of in-line inspection that can reliably detect and identify\nanomalies. Include a detailed description of the criteria to be used for the\nevaluation and prioritization of any integrity threats and anomalies that are\nidentified (accounting for uncertainties in anomaly and defect sizing by the\nILI vendor and field non-destructive examination), establishing a minimum\n1.39 x MOP factor of safety upon completion of testing, inspections,\n\n\n\nCPF No. 3-2016-5010H\nPage 7\nevaluations, replacements and repairs as described in this Order.\n3. The performance of repairs or other corrective measures that fully remediate\nthe conditions associated with the pipeline failures and any other integrity-\nthreatening condition along the Affected Segment. At a minimum, the plans\nshall be based on the known history and condition of the pipeline, and must\nconsider the use of confirmatory hydrostatic testing of the Affected Segment.\nInclude a detailed description of the criteria and methods to be used in\nundertaking any repairs, replacements, or other remedial actions to establish\na minimum 1.39 x MOP factor of safety.\n8. Root Cause Failure Analysis. Within 180 days following receipt of this Order,\nEnterprise must complete a root cause failure analysis (RCFA) and submit a final report\nof this RCFA to the Director. The final report must include findings and any lessons\nlearned and whether the findings and any lessons learned are applicable to other locations\nwithin Enterprise’s pipeline system.\n9. Order Revisions. Upon approval by the Director, the RWP becomes incorporated into\nthis Order and shall be revised as necessary to incorporate the results of actions undertaken\npursuant to this Order and whenever necessary to incorporate new information obtained\nduring the failure investigations and remedial activities. Enterprise must submit any such\nplan revisions to the Director for prior approval. The Director may approve plan elements\nincrementally.\n10. Implementation of Approved Work Plan. Enterprise must implement the work plan as\napproved by the Director, including any revisions to the plan.\n11. Quarterly Reports. Enterprise must submit quarterly reports to the Director that:\na. Include all available data and results of the testing and evaluations required by this\nOrder; and\nb. Describe the progress of the repairs or other remedial actions being undertaken.\nThe first quarterly report covering the period from December 2, 2016 through\nMarch 31, 2016, shall be due by April 15, 2017.\nThe Director may grant an extension of time for compliance with any of the terms of this Order\nupon a written request timely submitted demonstrating good cause for an extension.\nWith respect to each submission that under this Order requires the approval of the Director, the\nDirector may: (a) approve, in whole or part, the submission; (b) approve the submission on\nspecified conditions; (c) modify the submission to cure any deficiencies; (d) disapprove, in whole\nor in part, the submission, directing that Respondent modify the submission; or (e) any\ncombination of the above. In the event of approval, approval upon conditions, or modification\nby the Director, Respondent will proceed to take all action required by the submission as approved\nor modified by the Director. If the Director disapproves all or any portion of the submission,\nRespondent will correct all deficiencies within the time specified by the Director, and resubmit it\nfor approval. If a resubmitted item is disapproved in whole or in part, the Director may again\nrequire Respondent to correct the deficiencies in accordance with the foregoing procedure, and\n\n\n\nCPF No. 3-2016-5010H\nPage 8\nthe Director may otherwise proceed to enforce the terms of this Order.\nBe advised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. § 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. § 552(b).\nIn your correspondence on this matter, please refer to \"CPF No. 3-2016-5010H” and for each\ndocument you submit, please provide a copy in electronic format whenever possible. The actions\nrequired by this Order are in addition to and do not waive any requirements that apply to\nRespondent's pipeline system under 49 C.F.R. Parts 190 through 199, under any other order issued\nto Respondent under authority of 49 U.S.C. Chapter 601, or under any other provision of Federal\nor State law.\nRespondent may appeal any decision of the Director to the Associate Administrator for Pipeline\nSafety. Decisions of the Associate Administrator shall be final.\nFailure to comply with this Order may result in the assessment of civil penalties and in referral to\nthe Attorney General for appropriate relief in United States District Court pursuant to\n49 U.S.C. § 60120.\nThe terms and conditions of this Order are effective upon service in accordance with 49 C.F.R.\n§ 190.5.\nDecember 6, 2016\n_________________________________ ________________\nAlan K. Mayberry Date Issued\nActing Associate Administrator\nfor Pipeline Safety\n\n\n\nCPF No. 3-2016-5010H\nPage 9\n§190.233 Corrective action orders.\n(a) Generally. Except as provided by paragraph (b) of this section, if the Associate\nAdministrator finds, after reasonable notice and opportunity for hearing in accord with\nparagraph (c) of this section, a particular pipeline facility is or would be hazardous to life,\nproperty, or the environment, the Associate Administrator may issue an order pursuant to this\nsection requiring the operator of the facility to take corrective action. Corrective action may\ninclude suspended or restricted use of the facility, physical inspection, testing, repair,\nreplacement, or other appropriate action.\n(b) Waiver of notice and expedited review. The Associate Administrator may waive the\nrequirement for notice and opportunity for hearing under paragraph (a) of this section before\nissuing an order whenever the Associate Administrator determines that the failure to do so\nwould result in the likelihood of serious harm to life, property, or the environment. When an\norder is issued under this paragraph, a respondent that contests the order may obtain expedited\nreview of the order either by answering in writing to the order within 10 days of receipt or\nrequesting a hearing under §190.211 to be held as soon as practicable in accordance with\nparagraph (c)(2) of this section. For purposes of this section, the term “expedited review” is\ndefined as the process for making a prompt determination of whether the order should remain in\neffect or be amended or terminated. The expedited review of an order issued under this\nparagraph will be complete upon issuance of such determination.\n(c) Notice and hearing:\n(1) Written notice that OPS intends to issue an order under this section will be served upon the\nowner or operator of an alleged hazardous facility in accordance with §190.5. The notice must\nallege the existence of a hazardous facility and state the facts and circumstances supporting the\nissuance of a corrective action order. The notice must provide the owner or operator with an\nopportunity to respond within 10 days of receipt.\n(2) An owner or operator that elects to exercise its opportunity for a hearing under this section\nmust notify the Associate Administrator of that election in writing within 10 days of receipt of\nthe notice provided under paragraph (c)(1) of this section, or the order under paragraph (b) of\nthis section when applicable. The absence of such written notification waives an owner or\noperator's opportunity for a hearing.\n(3) At any time after issuance of a notice or order under this section, the respondent may request\na copy of the case file as set forth in §190.209.\n(4) A hearing under this section is conducted pursuant to §190.211. The hearing should be held\nwithin 15 days of receipt of the respondent's request for a hearing.\n(5) After conclusion of a hearing under this section, the Presiding Official submits a\nrecommended decision to the Associate Administrator as to whether or not the facility is or\n\n\n\nCPF No. 3-2016-5010H\nPage 10\nwould be hazardous to life, property, or the environment, and if necessary, requiring expeditious\ncorrective action. If a notice or order is contested in writing without a hearing, an attorney from\nthe Office of Chief Counsel prepares the recommended decision. The recommended decision\nshould be submitted to the Associate Administrator within five business days after conclusion\nof the hearing or after receipt of the respondent's written objection if no hearing is held. Upon\nreceipt of the recommendation, the Associate Administrator will proceed in accordance with\nparagraphs (d) through (h) of this section. If the Associate Administrator finds the facility is or\nwould be hazardous to life, property, or the environment, the Associate Administrator issues a\ncorrective action order in accordance with this section, or confirms (or amends) the corrective\naction order issued under paragraph (b) of this section. If the Associate Administrator does not\nfind the facility is or would be hazardous to life, property, or the environment, the Associate\nAdministrator withdraws the notice or terminates the order issued under paragraph (b) of this\nsection, and promptly notifies the operator in writing by service as prescribed in §190.5.\n(d) The Associate Administrator may find a pipeline facility to be hazardous under paragraph\n(a) of this section:\n(1) If under the facts and circumstances the Associate Administrator determines the particular\nfacility is hazardous to life, property, or the environment; or\n(2) If the pipeline facility or a component thereof has been constructed or operated with any\nequipment, material, or technique which the Associate Administrator determines is hazardous to\nlife, property, or the environment, unless the operator involved demonstrates to the satisfaction\nof the Associate Administrator that, under the particular facts and circumstances involved, such\nequipment, material, or technique is not hazardous.\n(e) In making a determination under paragraph (d) of this section, the Associate Administrator\nshall consider, if relevant:\n(1) The characteristics of the pipe and other equipment used in the pipeline facility involved,\nincluding its age, manufacturer, physical properties (including its resistance to corrosion and\ndeterioration), and the method of its manufacture, construction or assembly;\n(2) The nature of the materials transported by such facility (including their corrosive and\ndeteriorative qualities), the sequence in which such materials are transported, and the pressure\nrequired for such transportation;\n(3) The characteristics of the geographical areas in which the pipeline facility is located, in\nparticular the climatic and geologic conditions (including soil characteristics) associated with\nsuch areas, and the population density and population and growth patterns of such areas;\n(4) Any recommendation of the National Transportation Safety Board issued in connection with\nany investigation conducted by the Board; and\n\n\n\nCPF No. 3-2016-5010H\nPage 11\n(5) Such other factors as the Associate Administrator may consider appropriate.\n(f) A corrective action order shall contain the following information:\n(1) A finding that the pipeline facility is or would be hazardous to life, property, or the\nenvironment.\n(2) The relevant facts which form the basis of that finding.\n(3) The legal basis for the order.\n(4) The nature and description of any particular corrective action required of the respondent.\n(5) The date by which the required corrective action must be taken or completed and, where\nappropriate, the duration of the order.\n(6) If the opportunity for a hearing was waived pursuant to paragraph (b) of this section, a\nstatement that an opportunity for a hearing will be available at a particular time and location\nafter issuance of the order.\n(g) The Associate Administrator will terminate a corrective action order whenever the Associate\nAdministrator determines that the facility is no longer hazardous to life, property, or the\nenvironment. If appropriate, however, a notice of probable violation may be issued under\n§190.207.\n(h) At any time after a corrective action order issued under this section has become effective,\nthe Associate Administrator may request the Attorney General to bring an action for appropriate\nrelief in accordance with §190.235.\n(i) Upon petition by the Attorney General, the District Courts of the United States shall have\njurisdiction to enforce orders issued under this section by appropriate means.\n[70 FR 11138, Mar. 8, 2005, as amended by Amdt. 190-16, 78 FR 58912, Sept. 25, 2013]\n\n320165010H_Closure Letter_09072018_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 7, 2018\nMr. Graham Bacon\nExecutive Vice President, Operations & Engineering\nEnterprise Products Operating, LLC\n1100 Louisiana\nHouston, Texas 77210\nCPF 3-2016-5010H\nDear Mr. Bacon:\nOn December 6, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Enterprise Products Operating, LLC a Corrective Action Order in the above-\nreferenced case. This Order included a requirement to take corrective actions on your pipeline.\nBased on our review of the documentation you provided, it has been determined that you have\ncomplied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":32872}