{"operation":"document","citation":"CPF 420155003W","title":"ENTERPRISE PRODUCTS OPERATING LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-02-17","effective_on":null,"summary":"CLOSED warning letter citing 195.222(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420155003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420155003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420155003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420155003W","body":"Warning Letter involving ENTERPRISE PRODUCTS OPERATING LLC. PHMSA's enforcement data identifies the cited regulation as 195.222(a). The case was opened on 2015-02-17 and is reported as closed as of 2015-02-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420155003W_Warning_02172015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420155003W/420155003W_Warning_02172015.pdf\n\n420155003W_Warning_02172015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420155003W/420155003W_Warning_02172015_text.pdf\n\n420155003W_Warning_02172015_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 17, 2015\nTerry Hurlburt\nEnterprise Products Operating LLC\n1100 Louisiana Street\nHouston, TX 77002\nCPF 4-2015-5003W\nDear Mr. Hurlburt:\nOn January 28, 2015, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nconstruction yard for Phase I of the Aegis Ethane Pipeline in Orange, Texas.\nAs a result of the inspection, it appears that you have committed probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation is:\n1. §195.222 Welders: Qualification of welders.\n(a) Each welder must be qualified in accordance with section 6 of API 1104 (ibr, see\n§ 195.3 or section IX of the ASME Boiler and Pressure Vessel Code, (ibr, see §\n195.3) except that a welder qualified under an earlier edition than listed in § 195.3\nmay weld but may not re-qualify under that earlier edition.\n\n\n\nEnterprise, via its construction contractor and third party contracted welding inspection service,\nhad failed to properly qualify seven (7) welders according to the requirements of 195.222 and the\nincorporated standard, API 1104, Section 6. The welders were not required to make complete\nwelds according to the qualified procedure (Enterprise WPS 5-11-02 Rev 0.0 dated 13-Aug-10)\nin qualifying the welders\nDuring the inspection, samples of previous welder qualification testing material were evident in\nthe construction yard. Of particular notice were branch welding samples from previous welder\nqualification testing performed using Enterprise’s WPS 5-11-02 procedure. These samples were\nremarkable because they were observed as “finished” testing remnants yet exhibited only\npartially completed welds. The welder qualification testing had required the welder to fully\ncomplete the root bead and hot pass of this branch welding procedure, but subsequently the\nwelder only completed the filler and capping passes in the areas from which the four (4)\ndestructively tested weld coupons would be cut for welder qualification. This essentially had the\nwelder completing just weld coupons versus making a “complete” weld, as required under\nSection 6 of API 1104 and the qualified welding procedure.\nWelding only the locations, where the test coupons will be cut is NOT the same as welding to the\nqualified welding procedure, as required by API 1104, Section 6.\nPHMSA’s inspection of Enterprise’s welding records for the Aegis Ethane Pipeline construction\ndid not find where those seven (7) welders had made any production welds on your pipeline\nusing Enterprise’s procedure WPS 5-11-02. Enterprise also has provided PHMSA records and\nsample material evidence, that all seven welders were re-qualified by testing under the branch\nprocedure according to API 1104 requirements (fully welded to the written procedure) and that\nall seven passed the re-testing.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000\nper violation per day the violation persists up to a maximum of $2,000,000 for a related series of\nviolations. For violations occurring prior to January 4, 2012, the maximum penalty may not\nexceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a\nrelated series of violations.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item(s) identified in this letter. Failure to do so will result in\nEnterprise Products Operating LLC being subject to additional enforcement action.\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2015-5003W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nR. M. Seeley\nDirector, Southwest region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":5133}