{"operation":"document","citation":"CPF 420145017","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":"2014-07-24","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402, 195.402(a), 195.402(c)(11), 195.402(c)(6).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145017.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145017.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145017","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420145017","body":"Notice of Probable Violation involving ENTERPRISE PRODUCTS OPERATING LLC. PHMSA's enforcement data identifies the cited regulations as 195.402,  195.402(a),  195.402(c)(11),  195.402(c)(6). The case was opened on 2014-07-24 and is reported as closed as of 2016-04-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420145017_Closure Letter_04152016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145017/420145017_Closure%20Letter_04152016.pdf\n\n420145017_Closure Letter_04152016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145017/420145017_Closure%20Letter_04152016_text.pdf\n\n420145017_Final Order_02122015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145017/420145017_Final%20Order_02122015.pdf\n\n420145017_Final Order_02122015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145017/420145017_Final%20Order_02122015_text.pdf\n\n420145017_NOPV PCO_07242014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145017/420145017_NOPV%20PCO_07242014.pdf\n\n420145017_NOPV PCO_07242014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145017/420145017_NOPV%20PCO_07242014_text.pdf\n\n420145017_Operator_Response_to_Notice_and_Request_for_Consent_Order_08272014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145017/420145017_Operator_Response_to_Notice_and_Request_for_Consent_Order_08272014.pdf\n\n420145017_Operator_Response_to_Notice_and_Withdrawing_Request_for_Consent_Order_10272014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145017/420145017_Operator_Response_to_Notice_and_Withdrawing_Request_for_Consent_Order_10272014.pdf\n\n420145017_Closure Letter_04152016_text.pdf\n\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED\nApril 15, 2016\nMr. Michael A. Creel\nPresident & CEO\nEnterprise Products Operating, LLC\n1100 Louisiana Street\nHouston, TX 77002\nRe: CPF No. 4-2014-5017\nDear Mr. Creel:\nOn February 12, 2015, a Final Order was issued in the above-referenced case. It made a finding\nof violation, issued a warning of a second probable violation, and specified actions to be taken by\nEnterprise Products Operating, LLC, to comply with the pipeline safety regulations in a\nCompliance Order.\nEnterprise has met with PHMSA over the course of the past year, and has responded by e-mail\non April 5, 2016 with its final report, detailing the actions taken in response to the Final Order\nwith supporting documentation.\nUpon review, it has been determined that Enterprise has completed all of the terms and\nrequirements of the Final Order. This letter is to inform you that no further action is necessary\nand this case is now closed. Thank you for your cooperation.\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n\n420145017_Final Order_02122015_text.pdf\n\nFebruary 12, 2015\nMr. Michael A. Creel\nPresident & CEO\nEnterprise Products Operating, LLC\n1100 Louisiana Street\nHouston, TX 77002\nRe: CPF No. 4-2014-5017\nDear Mr. Creel:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation, issues a warning of a second probable violation, and specifies actions that need to be\ntaken by Enterprise Products Operating, LLC, to comply with the pipeline safety regulations.\nWhen the terms of the compliance order have been completed, as determined by the Director,\nSouthwest Region, this enforcement action will be closed. Service of the Final Order by\ncertified mail is deemed effective upon the date of mailing, or as otherwise provided under\n49 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, Director, Southwest Region, OPS\nMr. Graham Bacon, Group Senior 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____________________________________\n)\nIn the Matter of )\n)\nEnterprise Products Operating, LLC, ) CPF No. 4-2014-5017\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn April 17, 2014, Enterprise Products Operating, LLC (Enterprise or Respondent), experienced\nan accident which resulted in a flash fire at its Beaumont Terminal Facility in Beaumont, Texas\n(Accident). On April 22, 2014, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline\nand Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\ninitiated an accident investigation and review of Enterprise’s on-site work practices. Respondent\nis a subsidiary of Enterprise Products Partners, LP, and operates the natural gas liquid (NGL)\npipeline and services business segment of Enterprise Products Partners, LP. This includes NGL\nprocessing plants, and other facilities, and approximately 16,700 miles of NGL pipelines.1\nAs a result of the investigation and inspection, the Director, Southwest Region, OPS (Director),\nissued to Respondent, by letter dated July 24, 2014, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Enterprise had violated 49 C.F.R. § 195.402 and ordering Respondent to take certain\nmeasures to correct the alleged violation. The warning item required no further action, but\nwarned the operator to correct the probable violation or face possible enforcement action.\nEnterprise responded to the Notice by letter dated August 27, 2014 (Response). The company\ndid not contest the allegation of violation but provided information concerning the corrective\nactions it had taken and proposed a possible consent order under 49 C.F.R. § 190.219. This\nrequest was subsequently withdrawn by letter dated October 27, 2014, and Enterprise consented\nto issuance of the Proposed Compliance Order. Respondent did not request a hearing and\ntherefore has waived its right to one.\n1 See http://www.enterpriseproducts.com/corpProfile/businessProfile.shtm (current as of December 18, 2014)\n\n\n\nCPF No: 4-2014-5017\nPage 2\nFINDING OF VIOLATION\nIn its Response, Enterprise did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 195, as follows:\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.402, which states, in\nrelevant part:\n§ 195.402 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations\nand maintenance activities and handling abnormal operations and\nemergencies. This manual shall be reviewed at intervals not exceeding 15\nmonths, but at least once each calendar year, and appropriate changes made\nas necessary to insure that the manual is effective. This manual shall be\nprepared before initial operations of a pipeline system commence, and\nappropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted. . . .\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following to\nprovide safety during maintenance and normal operations:\n(1) . . .\n(6) Minimizing the potential for hazards identified under paragraph\n(c)(4) of this section and the possibility of recurrence of accidents\nanalyzed under paragraph (c)(5) of this section.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.402 by failing to follow its own\nmanual of written procedures for minimizing the potential for certain hazards and the possibility\nof recurrence of accidents with similar causes.\n2 Specifically, the Notice alleged that at the time\nof the Accident, Enterprise Maintenance and Normal Operations Procedure Section 702,\nInvestigation of Failures, provided for minimizing the potential for hazards identified during\naccident investigations to include actions to prevent the possibility of recurrence. The procedure\nstated:\n\"These procedures establish a program to ensure that all operational failures and\naccidents involving pipeline facilities shall be investigated and analyzed for the\npurpose of determining the cause and to minimize the potential for hazards and\npossibility of recurrence.\"\nAccording to the Notice, Respondent’s work practices failed to prevent a recurrence of incidents\n2 Under 49 C.F.R. § 195.402(c)(4) and (5), an operator’s manual must include procedures for “[d]etermining which\npipeline facilities are located in areas that would require an immediate response by the operator to prevent hazards to\nthe public if the facilities failed or malfunctioned” and “[a]nalyzing pipeline accidents to determine their causes.”\n\n\n\nCPF No: 4-2014-5017\nPage 3\ninvolving the ignition of flammable vapors on at least five occasions over the past five years\n(January 2009 - 2014).3 The causes of the majority of the accidents have been reported as\nincorrect operations. PHMSA alleged that Enterprise and its related affiliates repeatedly failed to\nrecognize the potential for flammable vapors and that such failure resulted in fires or detonations\ncausing three fatalities and six injuries in multiple accidents during this time frame.4\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.402 by failing to follow its own\nwritten procedures to minimize the potential for certain hazards and the possibility of recurrence\nof accidents with similar causes.\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 2 in the Notice for violation of\n49 C.F.R. §§ 195.402. 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. Pursuant to the\nauthority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the\nfollowing actions to ensure compliance with the pipeline safety regulations applicable to its\noperations:\n1. With respect to the violation of § 195.402 (Item 2), Respondent must utilize a\nthird party satisfactory to PHMSA to lead a review and analysis of the individual and\ncollective findings from the internal investigations and root cause failure analyses for\na set of incidents and near-misses that have occurred over the past five years\n(January 2009 - 2014). The review shall identify events involving flash fires, ignition\nof flammable vapors or detonations, and any other hot-work related events that have\noccurred on any regulated asset operated under the Enterprise operating entity and\ncompile a list of those accidents and near-misses, as defined in Enterprise Safety\nPolicies Manual Section 2.4 Incident Investigation. At a minimum, the following\nevents shall be included:\n05-12-2009 Searcy, AR 3 Fatalities, 0 Injuries\n05-06-2010 Seymour, IN 0 Fatalities, 2 injuries\n12-28-2011 Kermit, TX 0 Fatalities, 2 injuries\n09-30-2013 Jones Creek, TX 0 Fatalities, 2 injuries\n04-17-2014 Beaumont, TX 0 Fatalities, 0 injuries.\n3 These include the following: (1) May 12, 2009, Searcy, AR; (2) May 6, 2010, Seymour, IN; (3) December 28,\n2011, Kermit, TX; (4) September 30, 2013, Jones Creek, TX; and (5) April 17, 2013, Beaumont, TX. See Pipeline\nSafety Violation Report, (July 24, 2014) (on file with PHMSA), at 13.\n4 Three fatalities resulted from the Searcy, AR incident; two injuries resulted from the Seymour, IN incident; two\ninjuries resulted from the Kermit, TX incident; and two injuries resulted from the Jones Creek, TX incident. See Id.\n\n\n\nCPF No: 4-2014-5017\nPage 4\n2. The Enterprise team, led by the third party, shall review the corrective actions\ntaken to date that have been intended to minimize the possibility of recurrence of\nflash fires and ignitions of vapors during maintenance projects, pipeline repairs and\nother operating and maintenance activities carried out by Enterprise. The third party\nreview will serve as an independent analysis to verify that the corrective actions are\ncomprehensive in nature and have addressed the causes and applicable contributing\nfactors to the accidents and near-misses studied under the preceding paragraph.\nFurther, the team will identify any common factors that, when reviewed collectively,\nmay indicate possible systemic issues that require additional corrective actions. A\nsummary of all corrective actions (both completed and proposed) shall be submitted\nby Enterprise in accordance with Item 3 of this Compliance Order.\n3. The list of events identified in Item 1 of this Compliance Order and a summary of\nthe corrective actions developed under Item 2 of this Compliance Order (including\nthe revisions to Respondent’s Operations and Maintenance Procedures and Training\nPrograms that have taken place prior to the issuance of this Final Order, and as\nidentified in Item 2) shall be submitted to PHMSA for review and approval no later\nthan 120 days after the issuance of this Final Order.\n4. It is requested (not mandated) that Enterprise maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the\ntotal to R. M. Seeley, Director, Southwest Region, Pipeline and Hazardous Materials\nSafety Administration. It is requested that these costs be reported in two categories: 1)\ntotal cost associated with preparation/revision of plans, procedures, studies and\nanalyses; and 2) total cost associated with replacements, additions and other changes\nto pipeline infrastructure.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nWARNING ITEM\nWith respect to Item 1, the Notice alleged a probable violation of Part 195 but did not propose a\ncivil penalty or compliance order for this item. Therefore, this is considered to be a warning\nitem. The warning was for:\n49 C.F.R. § 195.402 (Item 1) ─ Respondent’s alleged failure to prepare and\nfollow, for its pipeline systems, a manual of written procedures for conducting\nmoral operations and maintenance activities. Specifically, Enterprise’s failure to\nprepare and follow an adequate job plan for the work being performed at the\n\n\n\nCPF No: 4-2014-5017\nPage 5\nBeaumont Terminal facility, which resulted in the ignition of the flammable\nvapors in the work area.\nEnterprise presented information in its Response that it had taken certain actions to address the\ncited item. If OPS finds a violation of this provision in a subsequent inspection, Respondent may\nbe subject to future enforcement action.\nThe 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":15478}