# EXPRESS HOLDINGS (USA), LLC — Notice of Probable Violation - **operation:** document - **citation:** CPF 320205016 - **title:** EXPRESS HOLDINGS (USA), LLC — Notice of Probable Violation - **source type:** enforcement - **agency:** Pipeline and Hazardous Materials Safety Administration - **status:** historical - **official:** true - **published on:** 2020-10-06 - **effective on:** Not available - **summary:** CLOSED notice of probable violation citing 195.581(a), 195.581(b). - **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-320205016.json - **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-320205016.md - **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-320205016 - **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/320205016 **body:** Notice of Probable Violation involving EXPRESS HOLDINGS (USA), LLC. PHMSA's enforcement data identifies the cited regulations as 195.581(a), 195.581(b). The case was opened on 2020-10-06 and is reported as closed as of 2021-12-16. Open the official case record for notices, responses, orders, and the latest status. Official case documents: 320205016_Closure Letter_12162021_(19-164036S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205016/320205016_Closure%20Letter_12162021_(19-164036S).pdf 320205016_Closure Letter_12162021_(19-164036S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205016/320205016_Closure%20Letter_12162021_(19-164036S)_text.pdf 320205016_Consent Agreement and Order_03022021.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205016/320205016_Consent%20Agreement%20and%20Order_03022021.pdf 320205016_Consent Agreement and Order_03022021_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205016/320205016_Consent%20Agreement%20and%20Order_03022021_text.pdf 320205016_NOPV PCO_10062020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205016/320205016_NOPV%20PCO_10062020.pdf 320205016_NOPV PCO_10062020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205016/320205016_NOPV%20PCO_10062020_text.pdf 320205016_Operator Response to Notice_12022020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205016/320205016_Operator%20Response%20to%20Notice_12022020.pdf 320205016_Closure Letter_12162021_(19-164036S)_text.pdf VIA ELECTRONIC MAIL TO: michael.koby@enbridge.com, david.Stafford@enbridge.com, charles.drayton@enbridge.com, darren@huntermasalski.com December 16, 2021 Mr. Michael Koby Vice President, U.S. Operations Enbridge, Inc. 5400 Westheimer Court Houston, Texas 77056 Re: CPF 3-2020-5016 Dear Mr. Koby: On March 2, 2021, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to Express Holdings (USA), LLC a Consent Agreement and Consent Order in the above- referenced case. This Order included a requirement to take corrective measureson your Express/Platte System pipeline. Based on our review of the documentation you provided , it has been determined that you have complied with the terms of this Order. Accordingly, this case is now closed and no further action is contemplated with respect to the matters involved in this case. Thank you for your cooperation in this matter. Sincerely, Gregory A. Ochs Director, Central Region, OPS Pipeline and Hazardous Materials Safety Administration cc: David Stafford, Manager, David.Stafford@enbridge.com Charles Drayton, Managing Legal Counsel, charles.drayton@enbridge.com Darren Hunter, Cousnel for Enbridge, darren@huntermasalski.com 320205016_Consent Agreement and Order_03022021_text.pdf March 2, 2021 VIA ELECTRONIC MAIL TO: michael.koby@enbridge.com Mr. Michael Koby Vice President, U.S. Operations Enbridge, Inc. 5400 Westheimer Court Houston, Texas 77056 CPF No. 3-2020-5016 Dear Mr. Koby: Enclosed please find a Consent Order incorporating the terms of the Consent Agreement between the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Express Holdings (USA), LLC, which was executed on March 1, 2021. Service of the Consent Order and Consent Agreement by electronic mail is deemed effective upon the date of transmission, 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: Order and Consent Agreement cc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA Mr. David Stafford, Manager, U.S. Pipeline Compliance, Enbridge, Inc. david.stafford@enbridge.com Mr. Charles Drayton, Managing Legal Counsel, US Liquid Pipelines Law, Enbridge, Inc. charles.drayton@enbridge.com Mr Darren Hunter, Hunter Masalski LLC, Counsel for Enbridge, Inc. darren@huntermasalski.com CONFIRMATION OF RECEIPT REQUESTED US DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ ) In the Matter of ) ) Express Holdings (USA), LLC, ) CPF No. 3-2020-5016 a subsidiary of Enbridge, Inc., ) ) Respondent. ) ____________________________________) CONSENT AGREEMENT AND ORDER WHEREAS, on October 6, 2020, the Director, Central Region, Office of Pipeline Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation (Director), issued to Express Holdings (USA), LLC (Express Holdings or Respondent), a Notice of Probable Violation and Proposed Compliance Order (Notice), pursuant to Chapter 601 of 49 U.S. Code, for violations of 49 C.F.R. § 195.581 (Item 1). Express Holdings, a subsidiary of Enbridge, Inc., operates approximately 937 miles of hazardous liquid pipelines in Illinois, Kansas, Missouri, Wyoming, Nebraska, and Montana. The Notice proposed ordering Respondent to take certain measures to correct the alleged violation in Item 1; and WHEREAS, the Central Region granted two extensions on November 2 and 20, 2020, respectively, for Express Holdings to respond to the Notice. During this time period, Express Holdings contacted the Central Region to discuss resolution of this enforcement proceeding through a consent agreement; WHEREAS, on December 2, 2020, Express Holdings submitted a written response to the Notice, in which the company requested the execution of a Consent Agreement and Order pursuant to 49 C.F.R. § 190.208(b)(2); and WHEREAS, as a result of these good-faith discussions, Express Holdings and PHMSA (Parties) have reached agreement on the terms and conditions of a settlement, as set forth herein, and agree that this Consent Agreement and Order (Agreement) will avoid further administrative proceedings or litigation, that it is the most appropriate means of resolving this matter. 1 CPF No. 3-2020-5016 NOW, THEREFORE, upon consent and agreement of the Parties, it is Ordered and Adjudged as follows: I. General Provisions. 1. For purposes of this Agreement, Express Holdings acknowledges that the company and its pipeline system, known generally as the Express/Platte System, are subject to the jurisdiction of the Federal pipeline safety laws, 49 U.S.C. 60101, et seq., and the applicable regulations and administrative orders issued thereunder. 2. Express Holdings further acknowledges that it received proper notice of PHMSA’s action in this proceeding and that the Notice states claims upon which relief may be granted pursuant to 49 U. S.C. § 60101, et seq., and the regulations and orders issued thereunder. 3. Express Holdings agrees to the terms of this Agreement and hereby waives any further procedural requirements with respect to its issuance. Express Holdings further waives all rights to contest the validity of this Agreement, including all rights to administrative or judicial hearings or appeals. 4. For Item 1 of the Notice, PHMSA hereby re-issues Item 1 as a Warning Item pursuant to 49 C.F.R. § 190.205. PHMSA also agrees that Item 1 does not constitute a finding of violation and may not be considered by the agency as a prior offense in any future enforcement action against Respondent. However, if PHMSA finds a violation of 49 C.F.R. § 195.581 in a subsequent inspection or investigation, Express Holdings may be subject to future enforcement action. II. Compliance Measures. 5. Within 12 months following the Effective Date of this Agreement, Respondent agrees to remediate the fusion bonded epoxy (FBE) coating on the following three identified spans along the Express/Platte system: (1) 1-7217+53-1690, located in Wyoming on the Guernsey to Marysville segment; (2) 6-2003+72-4000, located in Kansas on the Marysville to Salisbury segment; and (3) 6-5792+77-5430, located in Missouri on the Marysville to Salisbury segment. Express Holdings represents that it has remediated Span 1-6768+27-1640, which previously had FBE coating, between July 9, 2020, and July 15, 2020. Respondent agrees to complete the remainder of these corrective measures and submit the required documentation to the Director. 6. It is requested (not mandated) that Express Holdings maintain documentation of the safety improvement costs associated with fulfilling this Agreement and submit the total to the Director. PHMSA requests that these costs be reported in two categories: (1) total cost associated with the preparation/revision of plans, procedures, studies and analyses; and (2) total cost associated with replacements, additions and other changes to pipeline infrastructure. 2 CPF No. 3-2020-5016 7. The Director may grant an extension of time to comply with any portion of Paragraph 5 above upon a written request timely submitted by the Respondent and demonstrating good cause for an extension. Upon completion of all actions required under Paragraph 5 above, Express Holdings may request that the Director close the case. III. Miscellaneous. 8. This Agreement constitutes the final, complete, and exclusive agreement and understanding between the Parties with respect to this proceeding and the issues embodied in this Agreement. The Parties acknowledge that there are no representations, agreements, or understandings relating to the amount or collection of any civil penalties other than those expressly contained in this Agreement. 9. Nothing in this Agreement affects or relieves Express Holdings of its responsibility to comply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters PHMSA’s right of access, entry, inspection, and information gathering, or its authority to bring any enforcement action against Express Holdings pursuant to the Federal pipeline safety laws, the regulations and orders issued thereunder, or any other provision of Federal or state law. 10. This Agreement does not waive or modify any Federal, state, or local laws or regulations applicable to Express Holdings’ pipeline system. This Agreement is not a permit or a modification of a permit under any Federal, state, or local laws or regulations. Express Holdings remains responsible for achieving and maintaining compliance with all applicable Federal, state, and local laws, regulations and permits. 11. This Agreement does not create rights in, or grant any cause of action to, any person not a party to this Agreement. PHMSA is not liable for any injuries or damages to persons or property arising from acts or omissions of Express Holdings or its officers, employees, or agents carrying out the work required by this Agreement. PHMSA, its officers, employees, agents, and representatives are not liable for any cause of action arising from any acts or omissions of Express Holdings or its contractors in carrying out any work required by this Agreement. 12. purchasers. This Agreement shall apply to and be binding on PHMSA and Express Holdings, its officers, directors, employees, successors and assigns, including, but not limited to, subsequent 13. Respondent’s obligations pursuant to this Agreement may be enforced by PHMSA pursuant to its general enforcement authorities under 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190. IV. Effective Date. 14. The “Effective Date” is the date on which this Agreement has been signed by both Express Holdings and PHMSA. 3 CPF No. 3-2020-5016 V. Ratification. 15. The Parties’ undersigned representatives certify that they are fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind such party to this document. For Express Holdings (USA), LLC: ___________________________________ Michael Koby Vice President, US Operations February 18, 2021 ___________________________________ Date For PHMSA: ___________________________________ Alan K. Mayberry Associate Administrator for Pipeline Safety March 1, 2021 ___________________________________ Date 4 - **truncated:** false - **body characters:** 12021