{"operation":"document","citation":"CPF 420175025M","title":"ENTERPRISE CRUDE PIPELINE LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-06-20","effective_on":null,"summary":"CLOSED notice of amendment citing 195.260, 195.452(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175025m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175025m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175025m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420175025M","body":"Notice of Amendment involving ENTERPRISE CRUDE PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 195.260,  195.452(i). The case was opened on 2017-06-20 and is reported as closed as of 2019-11-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420175025M_Closure Letter_11212019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175025M/420175025M_Closure%20Letter_11212019.pdf\n\n420175025M_Closure Letter_11212019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175025M/420175025M_Closure%20Letter_11212019_text.pdf\n\n420175025M_Notice of Amendment_06202017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175025M/420175025M_Notice%20of%20Amendment_06202017.pdf\n\n420175025M_Notice of Amendment_06202017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175025M/420175025M_Notice%20of%20Amendment_06202017_text.pdf\n\n420175025M_Operator Response to Notice_08252017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175025M/420175025M_Operator%20Response%20to%20Notice_08252017.pdf\n\n420175025M_Notice of Amendment_06202017_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 20, 2017\nMr. Graham Bacon\nGroup Senior Vice President, Operations & EHS&T\nEnterprise Crude Pipeline, LLC\n1100 Louisiana Street\nHouston, TX 77002\nCPF 4-2017-5025M\nDear Mr. Bacon:\nBetween March 4 and October 9, 2015, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nEnterprise Crude Pipeline, LLC (Enterprise) procedures for constructing the Rancho Pipeline\nbetween Sealy, TX to Houston, TX.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nEnterprise’s procedures, as described below:\n\n\n\n1. § 195.260 Valves: Location.\nA valve must be installed at each of the following locations:\n(a) On the suction end and the discharge end of a pump station in a manner that\npermits isolation of the pump station equipment in the event of an emergency.\n(b) On each line entering or leaving a breakout storage tank area in a manner that\npermits isolation of the tank area from other facilities.\n(c) On each mainline at locations along the pipeline system that will minimize damage\nor pollution from accidental hazardous liquid discharge, as appropriate for\nthe terrain in open country, for offshore areas, or for populated areas.\n(d) On each lateral takeoff from a trunk line in a manner that permits shutting off\nthe lateral without interrupting the flow in the trunk line.\n(e) On each side of a water crossing that is more than 100 feet (30 meters) wide from\nhigh-water mark to high-water mark unless the Administrator finds in a\nparticular case that valves are not justified.\n(f) On each side of a reservoir holding water for human consumption.\n§195.452 Pipeline integrity management in high consequence areas.\n(i) What preventive and mitigative measures must an operator take to protect the\nhigh consequence area?\n(1) General requirements. An operator must take measures to prevent and mitigate\nthe consequences of a pipeline failure that could affect a high consequence\narea. These measures include conducting a risk analysis of the pipeline\nsegment to identify additional actions to enhance public safety or\nenvironmental protection. Such actions may include, but are not limited to,\nimplementing damage prevention best practices, better monitoring of cathodic\nprotection where corrosion is a concern, establishing shorter inspection\nintervals, installing EFRDs on the pipeline segment, modifying the systems\nthat monitor pressure and detect leaks, providing additional training to\npersonnel on response procedures, conducting drills with local emergency\nresponders and adopting other management controls.\n(2) Risk analysis criteria. In identifying the need for additional preventive and\nmitigative measures, an operator must evaluate the likelihood of a pipeline\nrelease occurring and how a release could affect the high consequence area.\nThis determination must consider all relevant risk factors, including, but not\nlimited to:\n2\n\n\n\n(i) Terrain surrounding the pipeline segment, including drainage systems such as\nsmall streams and other smaller waterways that could act as a conduit to the\nhigh consequence area;\n(ii) Elevation profile;\n(iii) Characteristics of the product transported;\n(iv) Amount of product that could be released;\n(v) Possibility of a spillage in a farm field following the drain tile into a waterway;\n(vi) Ditches along side a roadway the pipeline crosses;\n(vii) Physical support of the pipeline segment such as by a cable suspension bridge;\n(viii) Exposure of the pipeline to operating pressure exceeding established maximum\noperating pressure.\n(3) Leak detection. An operator must have a means to detect leaks on its pipeline\nsystem. An operator must evaluate the capability of its leak detection means\nand modify, as necessary, to protect the high consequence area. An operator's\nevaluation must, at least, consider, the following factors-length and size of the\npipeline, type of product carried, the pipeline's proximity to the high\nconsequence area, the swiftness of leak detection, location of nearest response\npersonnel, leak history, and risk assessment results.\n(4) Emergency Flow Restricting Devices (EFRD). If an operator determines that an\nEFRD is needed on a pipeline segment to protect a high consequence area in\nthe event of a hazardous liquid pipeline release, an operator must install the\nEFRD. In making this determination, an operator must, at least, consider the\nfollowing factors-the swiftness of leak detection and pipeline shutdown\ncapabilities, the type of commodity carried, the rate of potential leakage, the\nvolume that can be released, topography or pipeline profile, the potential for\nignition, proximity to power sources, location of nearest response personnel,\nspecific terrain between the pipeline segment and the high consequence area,\nand benefits expected by reducing the spill size.\n3\n\n\n\nAt the time of the inspection visit, the operator’s procedures (STD. 4600) failed to include adequate\nprocedures for how the operator determined valve placements at the locations specifically\nidentified in the regulation, as well as the installation of EFRDs required in HCAs per integrity\nmanagement regulations, but simply referenced the code portion, § 195.260, without sufficient\ndetail in its Pipeline Design for Onshore Pipelines’ Section for Mainline Block Valves 8.7.2, which\nmerely stated,\n“(4) For liquid pipelines, mainline block valve location shall comply with the following\nrequirements:\na. 49 CFR 195.260 for regulated liquid pipelines”\nThe operator must revise their procedures to specifically detail those areas requiring valves to be\nlocated per regulatory requirements, as well as determined by their HCA analyses per their IM\nplans.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within [number of days]\ndays of receipt of this Notice. This period may be extended by written request for good cause.\nOnce the inadequacies identified herein have been addressed in your amended procedures, this\nenforcement action will be closed.\n4\n\n\n\nIt is requested (not mandated) that Enterprise Crude Pipeline, LLC maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Terri Binns, Acting Director,\nSouthwest, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 4-2017-5025M and, for each document you submit,\nplease provide a copy in electronic format whenever possible.\nSincerely,\nJon Manning\nActing Director, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n5\n\n420175025M_Closure Letter_11212019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 21, 2019\nGraham Bacon\nGroup Senior Vice President, Operations & EHS&T\nEnterprise Crude Pipeline, LLC\n1100 Louisiana Street\nHouston, Texas 77002\nCPF 4-2017-5025M\nDear Mr. Bacon:\nBetween March 4 and October 9, 2015, a representative from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, conducted\nan on-site pipeline safety inspection of Enterprise Crude Pipeline, LLC (Rancho Pipeline)\nprocedures in Houston, Texas. As a result of the inspection, Plains was issued a Notice of\nAmendment on June 20, 2017, which proposed amendment of its procedures.\nPlains submitted its amended procedures on August 25, 2017. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":10646}