{"operation":"document","citation":"CPF 420145006","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":"2014-04-08","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.214(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145006","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420145006","body":"Notice of Probable Violation involving ENTERPRISE PRODUCTS OPERATING LLC. PHMSA's enforcement data identifies the cited regulation as 195.214(a). The case was opened on 2014-04-08 and is reported as closed as of 2015-08-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420145006_Final Order_08072015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145006/420145006_Final%20Order_08072015.pdf\n\n420145006_Final Order_08072015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145006/420145006_Final%20Order_08072015_text.pdf\n\n420145006_NOPV PCO_04082014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145006/420145006_NOPV%20PCO_04082014.pdf\n\n420145006_NOPV PCO_04082014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145006/420145006_NOPV%20PCO_04082014_text.pdf\n\n420145006_Operator Response and Withdrawal of Hearing_08282014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145006/420145006_Operator%20Response%20and%20Withdrawal%20of%20Hearing_08282014.pdf\n\n420145006_Operator Response to Notice and Request for a Hearing_07092014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145006/420145006_Operator%20Response%20to%20Notice%20and%20Request%20for%20a%20Hearing_07092014.pdf\n\n420145006_Final Order_08072015_text.pdf\n\nAugust 7, 2015\nMr. Michael A. Creel\nChief Executive Officer\nEnterprise Products Operating, LLC\n1100 Louisiana Street\nHouston, TX 77002\nRe: CPF No. 4-2014-5006\nDear Mr. Creel:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and confirms that Enterprise Products Operating, LLC, has completed the actions\nspecified in the Notice to comply with the pipeline safety regulations. Therefore, this case is\nnow closed. Service of the Final Order by certified mail is deemed effective upon the date of\nmailing, or as otherwise provided 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. Rodrick M. Seeley, Southwest Regional Director, OPS\nMr. Graham Bacon, Group Sr. Vice President, Operations & EHS&T, Enterprise\nProducts Operating, LLC\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nEnterprise Products Operating, LLC, ) CPF No. 4-2014-5006\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nSubsequent to a May 31, 2013 accident on Enterprise’s 12-inch hazardous liquid Brown Line,\nSkellytown to Conway segment, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), conducted an on-site pipeline safety\ninspection of the facilities and records of Enterprise Products Operating, LLC (Enterprise or\nRespondent), near Beaver, Oklahoma. Enterprise is part of Enterprise Products Partners LP,\nwhich operates roughly 51,000 miles of natural gas, NGL crude oil, refined products and\npetrochemical pipelines and other related facilities throughout the United States.\n1 The Brown\nLine accident was the result of a weld failure that resulted in the unintentional release of\napproximately 200 barrels of hazardous liquid.\nAs a result of the accident investigation and inspection, the Director, Southwest Region, OPS\n(Director), issued to Respondent, by letter dated April 8, 2014, a Notice of Probable Violation\nand Proposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice\nproposed finding that Enterprise had violated 49 C.F.R. § 195.214, and proposed ordering\nRespondent to take certain measures to correct the alleged violation.\nBy letter dated July 9, 2014, Enterprise contested the allegation of violation, provided additional\ninformation about corrective actions it had taken, and requested a meeting with the Director and\npotentially a hearing (Response). After meeting with Southwest Region staff on July 30, 2014,\nEnterprise withdrew its hearing request by letter dated August 28, 2014 (Supplemental\nResponse), and provided documentation that it had completed the actions in the Proposed\nCompliance Order.\n1 See http://www.enterpriseproducts.com/corpProfile/businessProfile.shtm. Last accessed on 4/7/2015.\n\n\n\nCPF No. 4-2014-5006\nPage 2\nFINDING OF VIOLATION\nEnterprise did not contest the allegation in the Notice that it violated 49 C.F.R. Part 195, as\nfollows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.214(a), which states:\n§ 195.214 Welding procedures.\n(a) Welding must be performed by a qualified welder in accordance\nwith welding procedures qualified under Section 5 of API 1104 or Section\nIX of the ASME Boiler and Pressure Vessel Code (incorporated by\nreference, see § 195.3). The quality of the test welds used to qualify the\nwelding procedure shall be determined by destructive testing.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.214(a) by failing to use a welding\nprocedure qualified under Section 5 of API Standard 1104 (Section 5) or Section IX of the\nASME Boiler and Pressure Vessel Code. Specifically, the Notice alleged that Enterprise used a\nwelding procedure that had been modified, and in making those changes, essential variables had\nbeen changed without re-qualifying the procedure, as required under Section 5.2 In addition, the\nNotice alleged that the modified procedure lacked adequate detail when specifying the welding\nconsumables, and ultimately allowed an incorrect weld filler material to be used in the weld that\nfailed on May 31, 2013.\nIn its Response, Enterprise contested the first portion of the allegation of violation but not the\nsecond. The Region and the company disagreed on which portion of API 1104 should control\nthe qualification of in-service welding procedures and met on July 30, 2014, to discuss the\nallegation in more detail and, specifically, the degree to which Section 5 applied to the facts\npresented here.\nAfter a full review of the record, PHMSA agrees with Enterprise that the failure of the weld\nassociated with the accident on May 31, 2013, was a result of the company using an\ninappropriate welding consumable.3 The agency further agrees that both Section 5 of API 1104\nand Appendix B of API 1104, which deals specifically with in-service welding, must be read\ntogether to guide operators in qualifying welding procedures for welds containing filler-metal\nadditives in maintenance or in-service situations. This means that in situations such as the one\n2 Under 49 C.F.R. § 195.3, PHMSA has incorporated by reference API Standard 1104, “Welding of Pipelines and\nRelated Facilities” (20th edition, October 2005, errata/addendum (July 2007), and errata 2 (December 2008)).\nSection 5.4.1 of API Standard 1104 states:\n“5.4.1 General\nA welding procedure must be re-established as a new procedure specification and\nmust be completely re-qualified when any of the essential variables listed in 5.4.2 are\nchanged. Changes other than those given in 5.4.2 may be made in the procedure\nwithout the need for requalification, provided the procedure specification is revised to\nshow the changes.”\n3 Response, at 3.\n\n\n\nCPF No. 4-2014-5006\nPage 3\npresented here, an operator must follow the requirements for essential variables within Section 5,\nif not excluded by the alternative requirements of Appendix B.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated\n49 C.F.R. § 195.214 by failing to use a welding procedure qualified under Section 5 of API\nStandard 1104 or Section IX of the ASME Boiler and Pressure Vessel Code.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violations of\n49 C.F.R. § 195.214(a). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601. The Director\nindicates that Respondent has taken the following actions specified in the proposed compliance\norder:\n1. With respect to the violation of § 195.214(a) (Item 1), Respondent has modified\nits procedures and re-qualified them in accordance with Section 5 and Appendix B of\nAPI 1104.\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\nUnder 49 C.F.R. § 190.243 Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline\nSafety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC\n20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA\nwill accept petitions received no later than 20 days after receipt of service of this Final Order by\nthe Respondent, provided they contain a brief statement of the issue(s) and meet all other\nrequirements of 49 C.F.R. § 190.243. The filing of a petition automatically stays the payment of\nany civil penalty assessed. Unless the Associate Administrator, upon request, grants a stay, all\nother terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":9725}