{"operation":"document","citation":"CPF 420085025W","title":"ENTERPRISE PRODUCTS OPERATING LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2008-12-19","effective_on":null,"summary":"CLOSED warning letter citing 195.403(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420085025w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420085025w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420085025w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420085025W","body":"Warning Letter involving ENTERPRISE PRODUCTS OPERATING LLC. PHMSA's enforcement data identifies the cited regulation as 195.403(a). The case was opened on 2008-12-19 and is reported as closed as of 2008-12-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420085025W_warning_12192008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420085025W/420085025W_warning_12192008.pdf\n\n420085025w_warning_12192008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420085025W/420085025w_warning_12192008_text.pdf\n\n420085025w_warning_12192008_text.pdf\n\nUxk Deporfment\nof Transportation\nPfpelina and\nHazardoua Materials Safety\nAdministration\ntrrct South Gusher, Sulie: i i i 0\nHuustoh. TX 77D74\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\nDecember 19, 2008\nMr. Terry Hurlburt\nSr. Vice President of Operations\nEnterprise Products Operating LP\n2727 N. Loop West\nHouston, TX 77210\nCPF 4-20084025W\nDear Mr. Hurlburt:\nDuring the week of July 14-18, 2008, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the Enterprise\nProducts Operating LP, Hobbs East and West units. Records were reviewed in the Hobbs, New Mexico\noffice and then a field review was conducted for the two units.\nAs a result of the inspection, it appears that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable\nviolation(s) are:\n()f 95. 403 Emergency Response Training.\n(a) Each operator shall establish and conduct a continuing training program to instruct\nemergency response personnel to:\n(1) Carry out the emergency procedures establisfted under 195. 402 that relate to\ntheir assignmenht;\n(2) Know the characteristics and hazards of the hazardous liquids or carbon\ndioxide transported, including, in case of flammable HVL, flammability of mixtures\nwith air, odorless vapors, and water reactions;\n(3) Recognize conditions that are likely to cause emergencies, predict the\nconsequences of facility malfunctions or failures and hazardous liquids or carbon\ndioxide spills, and take appropriate corrective action;\n\n\n\n(4) Take steps necessary to control any accidental release of hazardous liquid or\ncarbon dioxide and to minimize the potential for fire, explosion, toxicity, or\nenvironmental damage; and\n(5) Learn the potential causes, types, sizes, and consequences of fire and the\nappropriate use of portable fire extinguishers and other on-site fire control\nequipment, involving, where feasible, a simulated pipeline emergency condition.\n(b) At the intervals not exceeding 15 months, but at least once each calendar year, each\noperator shall:\n(1) Review with personnel their performance in meeting the objectives of the\nemergency response training program set forth in paragraph (a) of this section;\nand\n(2) Make appropriate changes to the emergency response training program as\nnecessary to ensure that it is effective.\n(c) Each operator shall require and verify that its supervisors maintain a thorough\nknowledge of that portion of the emergency response procedures established\nunder 185. 402 for which they are responsible to ensure compliance.\nIndividual records indicated that personnel's performance was not reviewed annually as required in (b)(1)\nfor employees at these locations.\nCopies of four employees records where furnished for review during the inspection and all were missing\nan annual review in 2007. Training was performed annually as required but review was not performed\nuntil January 2008. (i. e. : 2006 training-2006 review; 2007 training-2008 review). Since Enterprises' Hobbs\nEast and West Units are managed from the Hobbs, NM office, both units missed the annual training\nreview requirement.\nUnder 49 United States Code, 560122, you are subject to a civil penalty not to exceed $100, 000 for each\nviolation for each day the violation persists up to a maximum of $1, 000, 000 for any related series of\nviolations. We have reviewed the circumstances and supporting documents involved in this case, and\nhave decided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item identified in this letter. Failure to do so will result in Enterprise\nProducts Operating LP being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 4-\n2008%025W. Be advised that all material you submit in response to this enforcement action is subject to\nbeing made 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 must provide\na second copy of the document with the portions you believe qualify„for confidential treatment redacted\nand an explanation of why you believe the redacted information qualifies for confidential treatment under\n5 U. S. C. 552(b).\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous\nMaterials Safety Administration","truncated":false,"body_characters":5196}