{"operation":"document","citation":"CPF 420045011","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":"2004-04-15","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.452(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420045011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420045011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420045011","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420045011","body":"Notice of Probable Violation involving ENTERPRISE PRODUCTS OPERATING LLC. PHMSA's enforcement data identifies the cited regulation as 195.452(b)(2). The case was opened on 2004-04-15 and is reported as closed as of 2005-01-14. Proposed civil penalty: $25,000. Assessed civil penalty: $25,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420045011_Final Order_10182004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420045011/420045011_Final%20Order_10182004.pdf\n\n420045011_Final Order_10182004.pdf\n\n?}\nU.S.Deporlment\nof Tronsportotion\nReseorch ond\nSpeciol Progroms\nAdminislrotion\n400 Seventh Sl , S W\nWashrnglon, D C 20590\nOcT 1 I ;.;,\nMr. Charles M. Brabson\nVice President - Engineering\nEnterprise Products Operating L.P.\nP.O. Box 4324\nHouston, TX 77210-4324\nRe: CPF No. 4-2004-50i i\nDear Mr. Brabson:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding ofviolation, assesses a civil penalty, and specifies actions\nto be taken to comply with the pipeline safety regulations. I acknowledge your wire transfer dated\nMay 14, 2004 inthe amount of $25,000 as payment in full of the civil penalty assessed in the Final\nOrder. When the terms of the Compliance Order are completed, as determined by the Director,\nSouthwest Region, this enforcement action will be closed. Your receipt of the Final Order\nconstitutes service of that document under 49 C.F.R. $ 190.5.\nSincerely,\nN t/l\n)\\ ah Y L4--:-\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline SafetY\nEnclosure\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON. DC 20590\nIn the Matter of\nEnterprise Products Operating L.P.,\nRespondent\nCPF No. 4-2004-5011\nFINAL ORDER\nOn September 15-19 and October 6-l0,2003,pursuantto 49 U.S.C. $ 60117, representatives of the\nOffice of Pipeline Safety (OPS) conducted an on-site pipeline safety inspection of Respondent's\nintegrity management program @yIP) in Houston, Texas. As a result of the inspection, the Director,\nSouthwest Region, OPS, issued to Respondent, by letter dated April 15,2004, a Notice of Probable\nViolation, Proposed Civil Penalty, and Proposed Compliance Order (Notice). In accordance with\n49 C.F.R. $ 190.207, the Notice proposed finding that Respondent had committed a violation of\n49 C.F.R. $ 195.452(b)(2) and proposed assessing a civil penalty of $25,000 for the alleged\nviolation. The Notice also proposed that Respondent take certain measures to correct the alleged\nviolation.\nRespondent responded to the Notice by letter dated May 14,2004. Respondent did not contest the\nallegation of violation and agreed to paythe proposed civil penalty. Respondent also agreed to the\nproposed compliance terms. Respondent submitted a wire transfer in the amount of the proposed\ncivil penalty ($25,000) on May l4,2004,waiving further right to respond and authorizing the entry\nof this Final Order.\nPursuant to $ 190.209(a)(1) and 49 U.S.C. 5 60122,I find that Respondent violated the following\nsection of 49 C.F.R.Part I95, as more fully described in the Notice:\n49 C.F.R. $ 195.452(b)(2) - failing to implement the process documented in Respondent's\nIMP for identifying each pipeline segment that could affect a high consequence area (HCA).\nRespondent's IMP required the utilization of air dispersion (BERC) and liquid pool spread\n(BTS) analyses for identifying pipeline segments that could affect an HCA, but Respondent\ndid not foilow ttre proce,Jure during the segment tl'entification process. Specifically, the\nresults of BERC and BTS analyses were not applied to buffer distances used to define\nindirect impacts to an HCA. For example, a 300-foot buffer was shown around the Lou-Tex\npipeline, but a 1200 to 1800-foot buffer would be derived from BERC and BTS analyses.\nAs a result. some segments that could affect an HCA were not properly identified'\n\n\n\n2\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent. I assess the civil penalty of $25,000 , akeady paid by Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order for the violation of 49 C.F.R. 5 192.452(bX2). Under\n49 U.S.C. $ 60118(a), eachperson who engages in the transportation of hazardous liquids or who\nowns or operates a pipeline facility is required to comply with the applicable safety standards\nestablished under Chapter 601. Pursuant to the authority of 49 U.S.C. g 6011.8(b) and.49 C.F.R.\nS 190.217, Respondent is ordered to take the following actions to ensure compliance with the\npipeline safety regulations applicable to its operations. Respondent must -\n1 . Document the entire proe ess currently in place to identif,. pipeline segrnents that could affect\nan HCA. Include adequate technicaljustification for the determination of buffer zones.\n2. Apply the segment identification process detailed in Item 1 to all pipeline systems included\nin Respondent's MP.\n3. Submit the results of the applicationof fhe segment identification process inltem 2.\n4. Complete each of the above items within 30 days following receipt of this order and submit\ndocumentation to the Director, Southwest Region, Offrce of Pipeline Safety, Research and\nSpecial Programs Administration, 8701 South Gessner Drive, Suite 1110, Houston, Texas\n77074-2948.\nThe Regional Director may grant an extension oftime to comply with any of the required items upon\na written request by the Respondent demonstrating good cause for an extension.\nFailure to complywith this Final Order may result in the assessment of civil penalties of up to\n$100,000 per violation per day, or in the referral of the case for judicial enforcement.\nUnder 49 C.F.R. $ 190.215, Respondent has a right to submit a Petition for Reconsideration of this\nFinal Order. The petition must be received within 20 days of Respondent's receipt of this Final\nOrder and must contain a brief statement of the issue(s). The terms of the order, including any\nrequired corrective action, remain in full effect unless the Associate Administrator, upon request,\ngrants a stay. The terms and conditions of this Final Order are effective on receipt.\nt€#Jr,^ f+ Ls*-xs H-t,\nStacey Gerard\nAssociate Administrator\nfor Pipeline Safety\nn n ? t , 1 . 1 {\nrJLl I d :.1o,,,t..\nDate Issued","truncated":false,"body_characters":6393}