# ENTERPRISE PRODUCTS OPERATING LLC — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 195.452(b)(2).
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- **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.

Official case documents:

420045011_Final Order_10182004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420045011/420045011_Final%20Order_10182004.pdf

420045011_Final Order_10182004.pdf

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U.S.Deporlment
of Tronsportotion
Reseorch ond
Speciol Progroms
Adminislrotion
400 Seventh Sl , S W
Washrnglon, D C 20590
OcT 1 I ;.;,
Mr. Charles M. Brabson
Vice President - Engineering
Enterprise Products Operating L.P.
P.O. Box 4324
Houston, TX 77210-4324
Re: CPF No. 4-2004-50i i
Dear Mr. Brabson:
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the
above-referenced case. It makes a finding ofviolation, assesses a civil penalty, and specifies actions
to be taken to comply with the pipeline safety regulations. I acknowledge your wire transfer dated
May 14, 2004 inthe amount of $25,000 as payment in full of the civil penalty assessed in the Final
Order. When the terms of the Compliance Order are completed, as determined by the Director,
Southwest Region, this enforcement action will be closed. Your receipt of the Final Order
constitutes service of that document under 49 C.F.R. $ 190.5.
Sincerely,
N t/l
)\ ah Y L4--:-
James Reynolds
Pipeline Compliance Registry
Office of Pipeline SafetY
Enclosure



DEPARTMENT OF TRANSPORTATION
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON. DC 20590
In the Matter of
Enterprise Products Operating L.P.,
Respondent
CPF No. 4-2004-5011
FINAL ORDER
On September 15-19 and October 6-l0,2003,pursuantto 49 U.S.C. $ 60117, representatives of the
Office of Pipeline Safety (OPS) conducted an on-site pipeline safety inspection of Respondent's
integrity management program @yIP) in Houston, Texas. As a result of the inspection, the Director,
Southwest Region, OPS, issued to Respondent, by letter dated April 15,2004, a Notice of Probable
Violation, Proposed Civil Penalty, and Proposed Compliance Order (Notice). In accordance with
49 C.F.R. $ 190.207, the Notice proposed finding that Respondent had committed a violation of
49 C.F.R. $ 195.452(b)(2) and proposed assessing a civil penalty of $25,000 for the alleged
violation. The Notice also proposed that Respondent take certain measures to correct the alleged
violation.
Respondent responded to the Notice by letter dated May 14,2004. Respondent did not contest the
allegation of violation and agreed to paythe proposed civil penalty. Respondent also agreed to the
proposed compliance terms. Respondent submitted a wire transfer in the amount of the proposed
civil penalty ($25,000) on May l4,2004,waiving further right to respond and authorizing the entry
of this Final Order.
Pursuant to $ 190.209(a)(1) and 49 U.S.C. 5 60122,I find that Respondent violated the following
section of 49 C.F.R.Part I95, as more fully described in the Notice:
49 C.F.R. $ 195.452(b)(2) - failing to implement the process documented in Respondent's
IMP for identifying each pipeline segment that could affect a high consequence area (HCA).
Respondent's IMP required the utilization of air dispersion (BERC) and liquid pool spread
(BTS) analyses for identifying pipeline segments that could affect an HCA, but Respondent
did not foilow ttre proce,Jure during the segment tl'entification process. Specifically, the
results of BERC and BTS analyses were not applied to buffer distances used to define
indirect impacts to an HCA. For example, a 300-foot buffer was shown around the Lou-Tex
pipeline, but a 1200 to 1800-foot buffer would be derived from BERC and BTS analyses.
As a result. some segments that could affect an HCA were not properly identified'



2
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent. I assess the civil penalty of $25,000 , akeady paid by Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order for the violation of 49 C.F.R. 5 192.452(bX2). Under
49 U.S.C. $ 60118(a), eachperson 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. g 6011.8(b) and.49 C.F.R.
S 190.217, Respondent is ordered to take the following actions to ensure compliance with the
pipeline safety regulations applicable to its operations. Respondent must -
1 . Document the entire proe ess currently in place to identif,. pipeline segrnents that could affect
an HCA. Include adequate technicaljustification for the determination of buffer zones.
2. Apply the segment identification process detailed in Item 1 to all pipeline systems included
in Respondent's MP.
3. Submit the results of the applicationof fhe segment identification process inltem 2.
4. Complete each of the above items within 30 days following receipt of this order and submit
documentation to the Director, Southwest Region, Offrce of Pipeline Safety, Research and
Special Programs Administration, 8701 South Gessner Drive, Suite 1110, Houston, Texas
77074-2948.
The Regional Director may grant an extension oftime to comply with any of the required items upon
a written request by the Respondent demonstrating good cause for an extension.
Failure to complywith this Final Order may result in the assessment of civil penalties of up to
$100,000 per violation per day, or in the referral of the case for judicial enforcement.
Under 49 C.F.R. $ 190.215, Respondent has a right to submit a Petition for Reconsideration of this
Final Order. The petition must be received within 20 days of Respondent's receipt of this Final
Order and must contain a brief statement of the issue(s). The terms of the order, including any
required corrective action, remain in full effect unless the Associate Administrator, upon request,
grants a stay. The terms and conditions of this Final Order are effective on receipt.
t€#Jr,^ f+ Ls*-xs H-t,
Stacey Gerard
Associate Administrator
for Pipeline Safety
n n ? t , 1 . 1 {
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Date Issued
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