{"operation":"document","citation":"CPF 420179001M","title":"EPL PIPELINE, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-03-02","effective_on":null,"summary":"CLOSED notice of amendment citing 192.459, 192.465(d), 192.467(c), 192.605(b)(1), 192.605(b)(2), 192.615(a)(3)(ii), 192.615(a)(3)(iii), 192.615(a)(3)(iv), 192.617, 192.727(g), 195.234(a), 195.234(b), 195.402(c)(10), 195.402(c)(3), 195.569, 195.573(e), 195.59(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420179001m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420179001m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420179001m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420179001M","body":"Notice of Amendment involving EPL PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 192.459,  192.465(d),  192.467(c),  192.605(b)(1),  192.605(b)(2),  192.615(a)(3)(ii),  192.615(a)(3)(iii),  192.615(a)(3)(iv),  192.617,  192.727(g),  195.234(a),  195.234(b),  195.402(c)(10),  195.402(c)(3),  195.569,  195.573(e),  195.59(a). The case was opened on 2017-03-02 and is reported as closed as of 2017-12-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420179001M_Closure Letter_12042017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420179001M/420179001M_Closure%20Letter_12042017.pdf\n\n420179001M_Closure Letter_12042017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420179001M/420179001M_Closure%20Letter_12042017_text.pdf\n\n420179001M_Notice of Amendment_03022017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420179001M/420179001M_Notice%20of%20Amendment_03022017.pdf\n\n420179001M_Notice of Amendment_03022017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420179001M/420179001M_Notice%20of%20Amendment_03022017_text.pdf\n\n420179001M_Operator Response to the Notice and Request for Time Extension_03292017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420179001M/420179001M_Operator%20Response%20to%20the%20Notice%20and%20Request%20for%20Time%20Extension_03292017.pdf\n\n420179001M_Closure Letter_12042017_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 4, 2017\nMr. Wesley Stout\nVice President, Production\nEPL Pipeline, LLC\n1021 Main Street, Suite 2626\nHouston, TX 77002\nCPF 4-2017-9001M\nDear Mr. Wesley Stout:\nFrom February 23, 2016 through April 14, 2016, representatives from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of EPL Pipeline, LLC (EPL) procedures in\nHouston, TX. As a result of the inspection EPL was issued a Notice of Amendment on March 2,\n2017, which proposed amendment of your procedures.\nEPL submitted its amended procedure on June 9, 2017 (received in the PHMSA office on June 12,\n2017). My staff reviewed the amended procedure, and it appears that the inadequacies outlined in\nthis Notice of Amendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nFrank Causey\nActing Director, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n\n420179001M_Notice of Amendment_03022017_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 2, 2017\nMr. Keith Acker, Sr. Vice President\nEPL Pipeline, LLC\n1021 Main Street, Suite 2626\nHouston, TX 77002\nCPF 4-2017-9001M\nDear Mr. Acker:\nFrom February through April 2016, representatives of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code inspected EPL Pipeline, LLC’s (EPL) procedures for\nyour crude oil and natural gas pipeline operations in the Gulf of Mexico and Grande Isle, Louisiana areas.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within EPL’s plans or\nprocedures, as described below:\n1. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this section must\ninclude procedures for the following, if applicable, to provide safety during maintenance and\noperations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of the requirements of\nthis subpart and subpart M of this part.\n§192.727 Abandonment or deactivation of facilities.\n(g) For each abandoned offshore pipeline facility or each abandoned onshore pipeline facility that\ncrosses over, under or through a commercially navigable waterway, the last operator of that facility\nmust file a report upon abandonment of that facility.\nEPL procedure P-192.727: Abandonment or Deactivation of Facilities did not specify that reports will be made to\nPHMSA when offshore pipeline facilities are abandoned.\n\n\n\n2. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this section must\ninclude procedures for the following, if applicable, to provide safety during maintenance and\noperations.\n(2) Controlling corrosion in accordance with the operations and maintenance requirements of subpart\nI of this part.\n§192.459 External corrosion control: Examination of buried pipeline when exposed.\nWhenever an operator has knowledge that any portion of a buried pipeline is exposed, the exposed\nportion must be examined for evidence of external corrosion if the pipe is bare, or if the coating is\ndeteriorated. If external corrosion requiring remedial action under §§192.483 through 192.489 is\nfound, the operator shall investigate circumferentially and longitudinally beyond the exposed portion\n(by visual examination, indirect method, or both) to determine whether additional corrosion requiring\nremedial action exists in the vicinity of the exposed portion.\nEPL procedure P-192.455: External Corrosion Control did not specify that if external corrosion is found on exposed\npipe that there must be further investigation circumferentially and longitudinally beyond the exposed portion by visual\nexamination, indirect method, or both to determine whether additional corrosion exists and to determine whether\nadditional corrosion requires remedial action.\n3. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this section must\ninclude procedures for the following, if applicable, to provide safety during maintenance and\noperations.\n(2) Controlling corrosion in accordance with the operations and maintenance requirements of subpart\nI of this part.\n§192.465 External corrosion control: Monitoring.\n(d) Each operator shall take prompt remedial action to correct any deficiencies indicated by the\nmonitoring.\nEPL procedure P-192.455: External Corrosion Control did not specify that remediation for corrosion control\ndeficiencies indicated by monitoring will be completed before the next required inspection. EPL procedures stated\nthat remediation should be completed within 15 months but does not account for any monitoring inspections completed\ntoward the end of the calendar year.\n4. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this section must\ninclude procedures for the following, if applicable, to provide safety during maintenance and\noperations.\n(2) Controlling corrosion in accordance with the operations and maintenance requirements of subpart\nI of this part.\n§192.467 External corrosion control: Electrical isolation.\n2\n\n\n\n(c) Except for unprotected copper inserted in ferrous pipe, each pipeline must be electrically isolated\nfrom metallic casings that are a part of the underground system. However, if isolation is not achieved\nbecause it is impractical, other measures must be taken to minimize corrosion of the pipeline inside the\ncasing.\nEPL procedure P-192.455: External Corrosion Control did not specify a frequency for leak surveying a shorted casing\nwhen the casing is found shorted and cannot be remediated by repairing the casing spacers or injecting a dielectric\nsubstance into the casing to carrier pipe annular space.\n5. §192.615 Emergency plans.\n(a) Each operator shall establish written procedures to minimize the hazard resulting from a gas\npipeline emergency. At a minimum, the procedures must provide for the following:\n(3) Prompt and effective response to a notice of each type of emergency, including the following:\n(ii) Fire located near or directly involving a pipeline facility.\n(iii) Explosion occurring near or directly involving a pipeline facility.\n(iv) Natural disaster.\nEPL procedure P-192.615: Emergency Response did not specify employee actions to be taken in the event of a notice\nof emergency for fire located near or directly involving a pipeline facility or close to a pipeline, an explosion occurring\nnear or directly involving a pipeline facility or natural disasters that may be anticipated along the pipeline system.\n6. §192.617 Investigation of failures.\nEach operator shall establish procedures for analyzing accidents and failures, including the selection\nof samples of the failed facility or equipment for laboratory examination, where appropriate, for the\npurpose of determining the causes of the failure and minimizing the possibility of a recurrence.\nEPL procedure P-192.617: Investigating and Analyzing Incidents and Failures did not specify how collection and\nhandling of pipeline facility samples for metallurgical analysis resulting from accidents or failures will be conducted\nincluding documenting the chain of custody.\n7. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this section must\ninclude procedures for the following to provide safety during maintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with each of the\nrequirements of this subpart and subpart H of this part.\n§195.234 Welds: Nondestructive testing.\n(a) A weld may be nondestructively tested by any process that will clearly indicate any defects that\nmay affect the integrity of the weld.\n(b) Any nondestructive testing of welds must be performed—\n(1) In accordance with a written set of procedures for nondestructive testing; and\n(2) With personnel that have been trained in the established procedures and in the use of the equipment\nemployed in the testing.\nEPL procedure P-195.214: Welding did not specify that a weld may be nondestructively tested by any process that\nwill clearly indicate any defects that may affect the integrity of the weld and nondestructive testing of welds must be\nperformed in accordance with a written set of procedures for nondestructive testing; and with personnel that have been\ntrained in the established procedures and in the use of the equipment employed in the testing.\n3\n\n\n\n8. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this section must\ninclude procedures for the following to provide safety during maintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with each of the\nrequirements of this subpart and subpart H of this part.\n§195.569 Do I have to examine exposed portions of buried pipelines?\nWhenever you have knowledge that any portion of a buried pipeline is exposed, you must examine the\nexposed portion for evidence of external corrosion if the pipe is bare, or if the coating is deteriorated.\nIf you find external corrosion requiring corrective action under §195.585, you must investigate\ncircumferentially and longitudinally beyond the exposed portion (by visual examination, indirect\nmethod, or both) to determine whether additional corrosion requiring remedial action exists in the\nvicinity of the exposed portion.\nEPL procedure P-195.422: Pipeline Repair Procedures did not specify that if external corrosion is found on exposed\npipe that there must be further investigation circumferentially and longitudinally beyond the exposed portion by visual\nexamination, indirect method, or both to determine whether additional corrosion exists and to determine whether\nadditional corrosion requires remedial action.\n9. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this section must\ninclude procedures for the following to provide safety during maintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with each of the\nrequirements of this subpart and subpart H of this part.\n§195.573 What must I do to monitor external corrosion control?\n(e) Corrective action. You must correct any identified deficiency in corrosion control as required by\n§195.401(b). However, if the deficiency involves a pipeline in an integrity management program under\n§195.452, you must correct the deficiency as required by §195.452(h).\nEPL procedure P-195.561: External Corrosion did not specify that remediation for corrosion control deficiencies\nindicated by monitoring will be completed before the next required inspection. EPL procedures stated that remediation\nshould be completed within 15 months but does not account for any monitoring inspections completed toward the end\nof the calendar year.\n10. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this section must\ninclude procedures for the following to provide safety during maintenance and normal operations:\n(10) Abandoning pipeline facilities, including safe disconnection from an operating pipeline system,\npurging of combustibles, and sealing abandoned facilities left in place to minimize safety and\nenvironmental hazards. For each abandoned offshore pipeline facility or each abandoned onshore\npipeline facility that crosses over, under or through commercially navigable waterways the last\noperator of that facility must file a report upon abandonment of that facility in accordance with\n4\n\n\n\n§195.59 of this part.\n§195.59 Abandonment or deactivation of facilities.\nFor each abandoned offshore pipeline facility or each abandoned onshore pipeline facility that crosses\nover, under or through a commercially navigable waterway, the last operator of that facility must file\na report upon abandonment of that facility.\n(a) The preferred method to submit data on pipeline facilities abandoned after October 10, 2000 is to\nthe National Pipeline Mapping System (NPMS) in accordance with the NPMS “Standards for Pipeline\nand Liquefied Natural Gas Operator Submissions.” To obtain a copy of the NPMS Standards, please\nrefer to the NPMS homepage at http://www.npms.phmsa.dot.gov or contact the NPMS National\nRepository at 703-317-3073. A digital data format is preferred, but hard copy submissions are\nacceptable if they comply with the NPMS Standards. In addition to the NPMS-required attributes,\noperators must submit the date of abandonment, diameter, method of abandonment, and certification\nthat, to the best of the operator's knowledge, all of the reasonably available information requested was\nprovided and, to the best of the operator's knowledge, the abandonment was completed in accordance\nwith applicable laws. Refer to the NPMS Standards for details in preparing your data for submission.\nThe NPMS Standards also include details of how to submit data. Alternatively, operators may submit\nreports by mail, fax or e-mail to the Office of Pipeline Safety, Pipeline and Hazardous Materials Safety\nAdministration, U.S. Department of Transportation, Information Resources Manager, PHP-10, 1200\nNew Jersey Avenue, SE., Washington, DC 20590-0001; fax (202) 366-4566; e-mail,\n“InformationResourcesManager@phmsa.\ndot.gov. The information in the report must contain all reasonably available information related to the\nfacility, including information in the possession of a third party. The report must contain the location,\nsize, date, method of abandonment, and a certification that the facility has been abandoned in\naccordance with all applicable laws.\nEPL procedure P-195.402(c)(10) Abandonment Or Deactivation of Facilities did not specify that reports will be\nsubmitted to NPMS or alternatively PHMSA when offshore pipeline facilities are abandoned.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed as part of this Notice is\na document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this\ndocument and note the response options. 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 responsive material qualifies\nfor confidential treatment 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 redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If\nyou do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this\nNotice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in this Notice, you may\nbe ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.237). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within 30 days of receipt\nof this Notice. This period may be extended by written request for good cause. Once the inadequacies identified\nherein have been addressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that EPL Pipeline, LLC maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit the total\nto R. M. Seeley, Director, Southwest Region, Pipeline and Hazardous Materials Safety Administration. In\ncorrespondence concerning this matter, please refer to CPF 4-2017-9001M and, for each document you submit, please\n5\n\n\n\nprovide a copy in electronic format whenever possible.\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n6","truncated":false,"body_characters":18294}