{"operation":"document","citation":"CPF 420115015S","title":"DIXIE PIPELINE COMPANY LLC — Safety Order","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-09-29","effective_on":null,"summary":"CLOSED safety order.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420115015s.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420115015s.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420115015s","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420115015S","body":"Safety Order involving DIXIE PIPELINE COMPANY LLC. The dataset does not identify a cited regulation for this case. The case was opened on 2011-09-29 and is reported as closed as of 2012-10-29. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420115015S_ Consent Agreement_02292012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420115015S/420115015S_%20Consent%20Agreement_02292012.pdf\n\n420115015S_ Consent Agreement_02292012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420115015S/420115015S_%20Consent%20Agreement_02292012_text.pdf\n\n420115015S_ Consent Order_02292012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420115015S/420115015S_%20Consent%20Order_02292012.pdf\n\n420115015S_ Consent Order_02292012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420115015S/420115015S_%20Consent%20Order_02292012_text.pdf\n\n420115015S_Closure_10292012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420115015S/420115015S_Closure_10292012.pdf\n\n420115015S_Closure_10292012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420115015S/420115015S_Closure_10292012_text.pdf\n\n420115015S_NOPSO_09292011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420115015S/420115015S_NOPSO_09292011.pdf\n\n420115015S_NOPSO_09292011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420115015S/420115015S_NOPSO_09292011_text.pdf\n\n420115015S_ Consent Order_02292012_text.pdf\n\nFEB 29 2012\nMr. Kevin Bodenhamer\nSenior Vice President\nEnterprise Products Operating, LLC\n1100 Louisiana Street\nHouston, TX 77002-5227\nRe: CPF No. 4-2011-5015S\nDear Mr. Bodenhamer:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement\nthat you signed on February 17, 2012. Service of the Consent Order and Consent\nAgreement by certified mail is deemed effective upon the date of mailing, or as otherwise\nprovided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Rod Seeley, Director, Southwest Region, OPS\nMr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED [71791000164203292909]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\n____________________________________\nIn the Matter of )\nEnterprise Products Operating, LLC, ) CPF No. 4-2011-5015S\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nOn February 17, 2012, Mr. Kevin Bodenhamer, Senior Vice President, Enterprise\nProducts Operating, LLC, signed a Consent Agreement in this case. I am signing the\nConsent Agreement on this date and incorporating its terms into this Consent Order by\nreference.\n____________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n420115015S_ Consent Agreement_02292012_text.pdf\n\nFEB 29 2012\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\n____________________________________\nIn the Matter of )\nEnterprise Products Operating, LLC, ) CPF No. 4-2011-5015S\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nOn September 29, 2011, the Director, Southwest Region, Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Proposed\nSafety Order (Notice) to Enterprise Products Operating, LLC (Enterprise or Respondent). The\nNotice alleged that it appeared a condition exists on a 28-mile portion of Respondent’s natural\ngas liquids pipeline, known generally as the Dixie Pipeline, which poses a pipeline integrity risk\nto public safety, property, or the environment. The Dixie Pipeline is primarily used to transport\nliquid propane from Texas to customers in Georgia and South Carolina.\nSpecifically, the Notice referenced the 28-mile segment of the Dixie Pipeline, extending from the\nBreaux Bridge Pump Station to the Maringouin Pump Station in South-Central Louisiana\n(Affected Pipeline Segment). The Notice alleged that the Affected Pipeline Segment is located\nin the Atchafalaya Basin, and that this environmentally sensitive wetlands area recently\nexperienced a prolonged period of unanticipated flooding. The Notice alleged that Enterprise\nhas been unable to perform a required integrity assessment of the Affected Pipeline Segment\nunder 49 C.F.R. § 195.452(j)(3) because of such flooding and that propane supply disruptions\ncould potentially result from any test failures or needed repairs. The Notice stated, however, that\nEnterprise reduced the operating pressure of the Affected Pipeline Segment by 20 percent as a\ntemporary preventive and mitigative measure.\nOn October 10, 2011, Enterprise responded to the Notice and requested an informal conference.\nRespondent and PHMSA (collectively, the Parties) met on November 16, 2011, and have since\nengaged in good-faith settlement discussions. The Parties have concluded those discussions and\nagree that the settlement set forth in this Consent Agreement will avoid further administrative\nproceedings or litigation. The Parties further agree that the entry of this Consent Agreement is\nthe most appropriate means of resolving the Notice, without adjudication of any issue of fact or\nlaw. Accordingly, the Parties agree as follows:\n\n\n\nI. General Provisions\n1. Enterprise acknowledges that as operator of the Dixie Pipeline, Respondent and the\nsubject pipeline are subject to the jurisdiction of the Federal pipeline safety laws, 49 U.S.C.\n60101 et seq., and the regulations and administrative orders issued thereunder. For purposes of\nthis Consent Agreement, Respondent acknowledges that it received proper notice of PHMSA’s\naction in this proceeding and that the Notice states claims upon which relief may be granted\npursuant to 49 U.S.C. 60101 et seq. and the regulations and orders issued thereunder.\n2. Respondent neither admits nor denies any allegation or conclusion in the Notice but\nagrees, for purposes of this proceeding, that the integrity risk identified in the Notice exists as\ndescribed in the Notice and agrees to address it by completing the corrective actions specified in\nSection II of this Consent Agreement, including the actions set forth in any work plans and\nschedules, each of which shall automatically be incorporated into this Consent Agreement upon\napproval. Respondent’s participation in this Consent Agreement does not constitute an\nadmission of liability for any purpose except in a proceeding to enforce the provisions of this\nAgreement.\n3. After Respondent returns this signed Consent Agreement, PHMSA’s representative will\npresent it to the Associate Administrator for Pipeline Safety, PHMSA (Associate Administrator),\nrecommending that the Associate Administrator adopt the terms of this Agreement by issuing an\nadministrative order (Consent Order) incorporating the terms of this Consent Agreement. The\nterms of this Consent Agreement constitute an offer of settlement until accepted by the Associate\nAdministrator. Upon the effective date of this Consent Agreement, any request for a hearing\nsubmitted by Respondent shall be automatically withdrawn.\n4. Respondent consents to the issuance of the Consent Order, and hereby waives any further\nprocedural requirements with respect to its issuance. Except as provided in Sections III and IV\nof this Agreement, Respondent waives all rights to contest the adequacy of notice, or the validity\nof the Consent Order or this Consent Agreement, including all rights to administrative or judicial\nhearings or appeals.\n5. This Consent Agreement shall apply to and be binding upon PHMSA, and upon\nRespondent, its officers, directors, and employees, and its successors, assigns, or other entities or\npersons otherwise bound by law. Respondent agrees to provide a copy of this Consent\nAgreement and any incorporated work plans and schedules to all of Respondent’s officers,\nemployees, and agents whose duties might reasonably include compliance with this Agreement.\n6. For all transfers of ownership or operating responsibility of the Dixie Pipeline,\nRespondent shall provide a copy of this Consent Agreement to the prospective transferee at least\n30 days prior to such transfer and simultaneously provide written notice of the prospective\ntransfer to the PHMSA Southwest Region Director (Director).\n2\n\n\n\n7. This Consent Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement,\nand the Parties acknowledge that there are no representations, agreements or understandings\nrelating to the settlement other than those expressly contained in this Agreement, except that the\nterms of this Agreement may be construed by reference to the Notice.\n8. Nothing in this Consent Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101\net seq., and the regulations and orders issued thereunder. Nothing in this Consent Agreement\nalters PHMSA’s right of access, entry, inspection, and information gathering or PHMSA’s\nauthority to bring any enforcement action against Respondent pursuant to the Federal pipeline\nsafety laws, the regulations and orders issued thereunder, or any other provision of Federal or\nState law.\n9. This Consent Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems. This Consent Agreement is not\na permit, or a modification of any permit, under any Federal, State, or local laws or regulations.\nRespondent remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n10. This Consent Agreement does not create rights in, or grant any cause of action to, any\nthird party not party to this Agreement. The U.S. Department of Transportation is not liable for\nany injuries or damages to persons or property arising from acts or omissions of Respondent or\nits officers, employees, or agents carrying out the work required by this Consent Agreement.\nRespondent agrees to indemnify and hold harmless the U.S. Department of Transportation, its\nofficers, employees, agents, and representatives from any and all causes of action arising from\nany acts or omissions of Respondent or its contractors in carrying out the work required by this\nAgreement.\nII. Corrective Actions\n11. Enterprise must maintain a twenty percent (20%) pressure reduction on the Affected\nPipeline Segment until the Director provides approval to return the pipeline to normal operating\nconditions. Specifically, the pressure in this segment is not to exceed 1117 psig.\n12. Enterprise will continue the weekly patrols on the Affected Pipeline Segment until the\ncorrective actions specified in this section are implemented and complete. At that point,\nEnterprise will return to the normal routine patrol schedule as required by 49 CFR §195.412(a).\n13. Within 60 days, Enterprise must develop a plan and schedule for completion of the\nrequired integrity testing as soon as practicable. The work must be scheduled as soon as the\nconditions delaying the testing have abated and the plan must include timeframes for making any\nneeded repairs based on the test results. Submit the plan and schedule, and any subsequent\n3\n\n\n\nrevisions to that schedule, to the Director for approval. In the absence of good cause shown, the\nactions required under this paragraph must be completed no later than September 31, 2012.\n14. As soon as conditions permit, Enterprise must inspect each crossing under a navigable\nwaterway along the Affected Pipeline Segment to determine the condition of the crossing as\nnormally required by 195.412(b), report those findings to the Director, and submit a proposed\nplan to take potential actions based on any adverse findings.\n15. As soon as conditions permit, Enterprise must inspect for all required pipeline marker\nsigns as defined by § 195.434 and replace any damaged or missing signs as soon as practicable.\n16. Submit quarterly reports to the Director that include available data and results of the\ninvestigations and surveys required by this Consent Agreement. The first quarterly report is due\n90 days after the Consent Order is issued.\n17. The Director may grant an extension of time for compliance with any of the terms of this\nConsent Agreement upon a written request timely submitted demonstrating good cause for an\nextension.\n18. Respondent may appeal any decision of the Director to the Associate Administrator.\nDecisions of the Associate Administrator shall be final.\n19. It is requested (not mandated) that Respondent maintain documentation of the safety\nimprovement costs associated with fulfilling this Consent Agreement and submit the total to the\nDirector. These safety improvement costs will be determined by Respondent to meet the\nrequirements of the Consent Agreement and may include, but not limited to, right-of-way\nmaintenance, additional patrolling, liaison with landowners, and development of the plan and\nschedule described in paragraph 13.\nIII. Review and Approval Process\n20. With respect to any submission under Section II of this Agreement that requires the\napproval of the Director, the Director may: (a) approve, in whole or in part, the submission, (b)\napprove the submission on specified conditions, (c) disapprove, in whole or in part, the\nsubmission, or (d) any combination of the foregoing. In the event of approval, approval in part,\nor approval upon conditions, Respondent will proceed to take all action required by the\nsubmission as approved by the Director, subject to Respondent’s right to invoke the dispute\nresolution procedures in Section IV with respect to any conditions identified by the Director. In\nthe event that the Director disapproves all or any portion of the submission, the Director will\nprovide Respondent with a written notice of the deficiencies. Respondent will correct all\ndeficiencies within the time specified by the Director and resubmit it for approval, subject to\nRespondent’s right to invoke the dispute resolution procedures in Section IV with respect to any\nconditions identified by the Director.\n4\n\n\n\nIV. Dispute Resolution\n21. The Director and Respondent will informally attempt to resolve any disputes arising\nunder this Agreement. If Respondent and the Director are unable to informally resolve the\ndispute within 15 days, Respondent may request in writing, within 10 days, a written\ndetermination from the Associate Administrator resolving the dispute and provide all\ninformation that Respondent believes is relevant to the dispute. If the request is submitted as\nprovided herein, the Associate Administrator will issue a written decision, which shall be final.\nThe existence of a dispute and PHMSA’s consideration of matters placed in dispute shall not\nexcuse, toll, or suspend any term or timeframe for completion of any work to be performed under\nthis Consent Agreement during the pendency of the dispute resolution process, except as agreed\nby the Director or the Associate Administrator in writing.\nV. Enforcement\n22. This Consent Agreement, as adopted by the Consent Order, is subject to all enforcement\nauthorities available to PHMSA under 49 U.S.C. § 60101 et seq. and 49 C.F.R. Part 190,\nincluding administrative civil penalties under § 60122, if PHMSA determines that Respondent is\nnot materially proceeding in accordance with terms of this Agreement, with determinations made\nby the Director, or, if such determinations are appealed, with decisions of the Associate\nAdministrator. All work plans and associated schedules set forth or referenced in Section II shall\nbe automatically incorporated into this Agreement and are enforceable in the same manner.\nVI. Record Keeping and Information Disclosure\n23. Respondent agrees to maintain records demonstrating compliance with all requirements\nof this Agreement for a period of at least five years following completion of all work to be\nperformed. For any reports, plans, or other deliverables required to be submitted to PHMSA\npursuant to this Agreement, Respondent may assert a claim of business confidentiality or other\nprotections applicable to the release of information by PHMSA, covering part or all of the\ninformation required to be submitted to PHMSA pursuant to this Agreement in accordance with\n49 C.F.R. Part 7. The claim of confidentiality shall be marked in writing on each page, and shall\ninclude a statement specifying the grounds for each claim of confidentiality. PHMSA shall\ndetermine release of any information submitted pursuant to this Consent Agreement in\naccordance with 49 C.F.R. Part 7, the Freedom of Information Act, 5 U.S.C. § 552, DOT and/or\nPHMSA policies, and other applicable regulations and Executive Orders.\nVII. Effective Date\n24. The Effective Date as used herein is the date on which this Consent Agreement has been\nsigned by both Respondent and PHMSA. Unless specified to the contrary, all deadlines for\nactions required by this Agreement run from the date of issuance of the Consent Order adopting\nthis Agreement.\n5\n\n\n\nVIII. Modification\n25. The terms of this Agreement may be modified by mutual agreement of the Parties. Such\nmodifications shall be in writing and shall be signed by both Parties.\nIX. Termination\n26. This Consent Agreement will terminate upon the completion of all terms set forth in\nSection II. Respondent may request written confirmation from PHMSA when this Agreement is\nterminated. To the extent ongoing monitoring is required, PHMSA may terminate this\nAgreement with respect to all other requirements with the exception of such monitoring.\nNothing in this Agreement prevents Respondent from completing any of the obligations earlier\nthan the deadlines provided for herein.\nX. Ratification\n27. The Parties’ undersigned representatives certify that they are fully authorized to enter\ninto the terms and conditions of this Consent Agreement and to execute and legally bind such\nparty to this document.\n28. The Parties hereby agree to all conditions and terms of this Consent Agreement:\nFor PHMSA: For Respondent:\n_________________________ ____________________________\nMr. Rod M. Seeley Mr. Kevin Bodenhamer\nDirector, Southwest Region Sr. Vice President\nPipeline and Hazardous Materials Enterprise Products Operating, LLC\nSafety Administration\n_____________________ _____________________\nDate Date\n6\n\n420115015S_Closure_10292012_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 29, 2012\nMr. Kevin Bodenhamer\nSenior Vice President\nEnterprise Products Operating, LLC\n1100 Louisiana Street\nHouston, TX 77002-5227\nCPF 4-2011-5015S\nDear Mr. Bodenhamer:\nAs a result of information Enterprise Products Operating, LLC (Enterprise) filed with this office\ndated August 23, 2011 and subsequent inquiries by PHMSA staff a Notice of Proposed Safety\nOrder, CPF No. 4-2011-5015S was issued on September 29, 2011 and a Consent Agreement was\nfinalized on February 29, 2012.\nEnterprise implemented all of the requirements of the Consent Agreement. This letter is to\ninform you that no further action is necessary and this case is now closed. Thank you for your\ncooperation.\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":19582}