# ENTERPRISE PRODUCTS OPERATING LLC — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

420145017_Closure Letter_04152016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145017/420145017_Closure%20Letter_04152016.pdf

420145017_Closure Letter_04152016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145017/420145017_Closure%20Letter_04152016_text.pdf

420145017_Final Order_02122015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145017/420145017_Final%20Order_02122015.pdf

420145017_Final Order_02122015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145017/420145017_Final%20Order_02122015_text.pdf

420145017_NOPV PCO_07242014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145017/420145017_NOPV%20PCO_07242014.pdf

420145017_NOPV PCO_07242014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145017/420145017_NOPV%20PCO_07242014_text.pdf

420145017_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

420145017_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

420145017_Closure Letter_04152016_text.pdf

CERTIFIED MAIL – RETURN RECEIPT REQUESTED
April 15, 2016
Mr. Michael A. Creel
President & CEO
Enterprise Products Operating, LLC
1100 Louisiana Street
Houston, TX 77002
Re: CPF No. 4-2014-5017
Dear Mr. Creel:
On February 12, 2015, a Final Order was issued in the above-referenced case. It made a finding
of violation, issued a warning of a second probable violation, and specified actions to be taken by
Enterprise Products Operating, LLC, to comply with the pipeline safety regulations in a
Compliance Order.
Enterprise has met with PHMSA over the course of the past year, and has responded by e-mail
on April 5, 2016 with its final report, detailing the actions taken in response to the Final Order
with supporting documentation.
Upon review, it has been determined that Enterprise has completed all of the terms and
requirements of the Final Order. This letter is to inform you that no further action is necessary
and this case is now closed. Thank you for your cooperation.
Sincerely,
R. M. Seeley
Director, Southwest Region
Pipeline and Hazardous Materials Safety Administration

420145017_Final Order_02122015_text.pdf

February 12, 2015
Mr. Michael A. Creel
President & CEO
Enterprise Products Operating, LLC
1100 Louisiana Street
Houston, TX 77002
Re: CPF No. 4-2014-5017
Dear Mr. Creel:
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation, issues a warning of a second probable violation, and specifies actions that need to be
taken by Enterprise Products Operating, LLC, to comply with the pipeline safety regulations.
When the terms of the compliance order have been completed, as determined by the Director,
Southwest Region, this enforcement action will be closed. Service of the Final Order by
certified mail is deemed effective upon the date of mailing, or as otherwise provided under
49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Rodrick M. Seeley, Director, Southwest Region, OPS
Mr. Graham Bacon, Group Senior Vice President, Operations & EHS&T, Enterprise
Products Operating, LLC
CERTIFIED MAIL – RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
Enterprise Products Operating, LLC, ) CPF No. 4-2014-5017
)
Respondent. )
____________________________________)
FINAL ORDER
On April 17, 2014, Enterprise Products Operating, LLC (Enterprise or Respondent), experienced
an accident which resulted in a flash fire at its Beaumont Terminal Facility in Beaumont, Texas
(Accident). On April 22, 2014, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline
and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
initiated an accident investigation and review of Enterprise’s on-site work practices. Respondent
is a subsidiary of Enterprise Products Partners, LP, and operates the natural gas liquid (NGL)
pipeline and services business segment of Enterprise Products Partners, LP. This includes NGL
processing plants, and other facilities, and approximately 16,700 miles of NGL pipelines.1
As a result of the investigation and inspection, the Director, Southwest Region, OPS (Director),
issued to Respondent, by letter dated July 24, 2014, a Notice of Probable Violation and Proposed
Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed
finding that Enterprise had violated 49 C.F.R. § 195.402 and ordering Respondent to take certain
measures to correct the alleged violation. The warning item required no further action, but
warned the operator to correct the probable violation or face possible enforcement action.
Enterprise responded to the Notice by letter dated August 27, 2014 (Response). The company
did not contest the allegation of violation but provided information concerning the corrective
actions it had taken and proposed a possible consent order under 49 C.F.R. § 190.219. This
request was subsequently withdrawn by letter dated October 27, 2014, and Enterprise consented
to issuance of the Proposed Compliance Order. Respondent did not request a hearing and
therefore has waived its right to one.
1 See http://www.enterpriseproducts.com/corpProfile/businessProfile.shtm (current as of December 18, 2014)



CPF No: 4-2014-5017
Page 2
FINDING OF VIOLATION
In its Response, Enterprise did not contest the allegation in the Notice that it violated 49 C.F.R.
Part 195, as follows:
Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.402, which states, in
relevant part:
§ 195.402 Procedural manual for operations, maintenance, and
emergencies.
(a) General. Each operator shall prepare and follow for each pipeline
system a manual of written procedures for conducting normal operations
and maintenance activities and handling abnormal operations and
emergencies. This manual shall be reviewed at intervals not exceeding 15
months, but at least once each calendar year, and appropriate changes made
as necessary to insure that the manual is effective. This manual shall be
prepared before initial operations of a pipeline system commence, and
appropriate parts shall be kept at locations where operations and
maintenance activities are conducted. . . .
(c) Maintenance and normal operations. The manual required by
paragraph (a) of this section must include procedures for the following to
provide safety during maintenance and normal operations:
(1) . . .
(6) Minimizing the potential for hazards identified under paragraph
(c)(4) of this section and the possibility of recurrence of accidents
analyzed under paragraph (c)(5) of this section.
The Notice alleged that Respondent violated 49 C.F.R. § 195.402 by failing to follow its own
manual of written procedures for minimizing the potential for certain hazards and the possibility
of recurrence of accidents with similar causes.
2 Specifically, the Notice alleged that at the time
of the Accident, Enterprise Maintenance and Normal Operations Procedure Section 702,
Investigation of Failures, provided for minimizing the potential for hazards identified during
accident investigations to include actions to prevent the possibility of recurrence. The procedure
stated:
"These procedures establish a program to ensure that all operational failures and
accidents involving pipeline facilities shall be investigated and analyzed for the
purpose of determining the cause and to minimize the potential for hazards and
possibility of recurrence."
According to the Notice, Respondent’s work practices failed to prevent a recurrence of incidents
2 Under 49 C.F.R. § 195.402(c)(4) and (5), an operator’s manual must include procedures for “[d]etermining which
pipeline facilities are located in areas that would require an immediate response by the operator to prevent hazards to
the public if the facilities failed or malfunctioned” and “[a]nalyzing pipeline accidents to determine their causes.”



CPF No: 4-2014-5017
Page 3
involving the ignition of flammable vapors on at least five occasions over the past five years
(January 2009 - 2014).3 The causes of the majority of the accidents have been reported as
incorrect operations. PHMSA alleged that Enterprise and its related affiliates repeatedly failed to
recognize the potential for flammable vapors and that such failure resulted in fires or detonations
causing three fatalities and six injuries in multiple accidents during this time frame.4
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 195.402 by failing to follow its own
written procedures to minimize the potential for certain hazards and the possibility of recurrence
of accidents with similar causes.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 2 in the Notice for violation of
49 C.F.R. §§ 195.402. Under 49 U.S.C. § 60118(a), each person 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. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the
following actions to ensure compliance with the pipeline safety regulations applicable to its
operations:
1. With respect to the violation of § 195.402 (Item 2), Respondent must utilize a
third party satisfactory to PHMSA to lead a review and analysis of the individual and
collective findings from the internal investigations and root cause failure analyses for
a set of incidents and near-misses that have occurred over the past five years
(January 2009 - 2014). The review shall identify events involving flash fires, ignition
of flammable vapors or detonations, and any other hot-work related events that have
occurred on any regulated asset operated under the Enterprise operating entity and
compile a list of those accidents and near-misses, as defined in Enterprise Safety
Policies Manual Section 2.4 Incident Investigation. At a minimum, the following
events shall be included:
05-12-2009 Searcy, AR 3 Fatalities, 0 Injuries
05-06-2010 Seymour, IN 0 Fatalities, 2 injuries
12-28-2011 Kermit, TX 0 Fatalities, 2 injuries
09-30-2013 Jones Creek, TX 0 Fatalities, 2 injuries
04-17-2014 Beaumont, TX 0 Fatalities, 0 injuries.
3 These include the following: (1) May 12, 2009, Searcy, AR; (2) May 6, 2010, Seymour, IN; (3) December 28,
2011, Kermit, TX; (4) September 30, 2013, Jones Creek, TX; and (5) April 17, 2013, Beaumont, TX. See Pipeline
Safety Violation Report, (July 24, 2014) (on file with PHMSA), at 13.
4 Three fatalities resulted from the Searcy, AR incident; two injuries resulted from the Seymour, IN incident; two
injuries resulted from the Kermit, TX incident; and two injuries resulted from the Jones Creek, TX incident. See Id.



CPF No: 4-2014-5017
Page 4
2. The Enterprise team, led by the third party, shall review the corrective actions
taken to date that have been intended to minimize the possibility of recurrence of
flash fires and ignitions of vapors during maintenance projects, pipeline repairs and
other operating and maintenance activities carried out by Enterprise. The third party
review will serve as an independent analysis to verify that the corrective actions are
comprehensive in nature and have addressed the causes and applicable contributing
factors to the accidents and near-misses studied under the preceding paragraph.
Further, the team will identify any common factors that, when reviewed collectively,
may indicate possible systemic issues that require additional corrective actions. A
summary of all corrective actions (both completed and proposed) shall be submitted
by Enterprise in accordance with Item 3 of this Compliance Order.
3. The list of events identified in Item 1 of this Compliance Order and a summary of
the corrective actions developed under Item 2 of this Compliance Order (including
the revisions to Respondent’s Operations and Maintenance Procedures and Training
Programs that have taken place prior to the issuance of this Final Order, and as
identified in Item 2) shall be submitted to PHMSA for review and approval no later
than 120 days after the issuance of this Final Order.
4. It is requested (not mandated) that Enterprise maintain documentation of the safety
improvement costs associated with fulfilling this Compliance Order and submit the
total to R. M. Seeley, Director, Southwest Region, Pipeline and Hazardous Materials
Safety Administration. It is requested that these costs be reported in two categories: 1)
total cost associated with preparation/revision of plans, procedures, studies and
analyses; and 2) total cost associated with replacements, additions and other changes
to pipeline infrastructure.
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent and demonstrating good cause for an
extension.
Failure to comply with this Order may result in the administrative assessment of civil penalties
not to exceed $200,000 for each violation for each day the violation continues or in referral to the
Attorney General for appropriate relief in a district court of the United States.
WARNING ITEM
With respect to Item 1, the Notice alleged a probable violation of Part 195 but did not propose a
civil penalty or compliance order for this item. Therefore, this is considered to be a warning
item. The warning was for:
49 C.F.R. § 195.402 (Item 1) ─ Respondent’s alleged failure to prepare and
follow, for its pipeline systems, a manual of written procedures for conducting
moral operations and maintenance activities. Specifically, Enterprise’s failure to
prepare and follow an adequate job plan for the work being performed at the



CPF No: 4-2014-5017
Page 5
Beaumont Terminal facility, which resulted in the ignition of the flammable
vapors in the work area.
Enterprise presented information in its Response that it had taken certain actions to address the
cited item. If OPS finds a violation of this provision in a subsequent inspection, Respondent may
be subject to future enforcement action.
The terms and conditions of this Final Order are effective upon service in accordance with
49 C.F.R. § 190.5.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety
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