{"operation":"document","citation":"CPF 420181011M","title":"EAGLE US 2 LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-10-10","effective_on":null,"summary":"CLOSED notice of amendment citing 192.935(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420181011m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420181011m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420181011m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420181011M","body":"Notice of Amendment involving EAGLE US 2 LLC. PHMSA's enforcement data identifies the cited regulation as 192.935(a). The case was opened on 2018-10-10 and is reported as closed as of 2019-02-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420181011M_Closure Letter_02272019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181011M/420181011M_Closure%20Letter_02272019.pdf\n\n420181011M_Closure Letter_02272019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181011M/420181011M_Closure%20Letter_02272019_text.pdf\n\n420181011M_Notice of Amendment_10102018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181011M/420181011M_Notice%20of%20Amendment_10102018.pdf\n\n420181011M_Notice of Amendment_10102018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181011M/420181011M_Notice%20of%20Amendment_10102018_text.pdf\n\n420181011M_Operator Response to Notice_11092018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181011M/420181011M_Operator%20Response%20to%20Notice_11092018.pdf\n\n420181011M_Closure Letter_02272019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 27, 2019\nAndrew Kenner\nVice President of Manufacturing\nEagle US 2 LLC\n2801 Post Oak Blvd.\nHouston, Texas 77056\nCPF 4-2018-1011M\nDear Mr. Kenner:\nOn October 10, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Eagle US 2 LLC (Eagle) a Notice of Amendment in the above referenced case. Based\non our review of the documentation you provided, it has been determined that you have complied\nwith the terms of this Notice.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved with this case. Thank you for your cooperation.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n\n420181011M_Notice of Amendment_10102018_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 10, 2018\nAndrew Kenner\nVice President of Manufacturing\nEagle US 2 LLC\n2801 Post Oak Blvd.\nHouston, Texas 77056\nCPF 4-2018-1011M\nDear Mr. Kenner:\nOn August 14 – 18, 2017; December 4 – 8, 2017; and January 30 – February 2, 2018, a\nrepresentative of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant\nto Chapter 601 of 49 United States Code inspected Eagle US 2 LLC (Eagle) procedures for your\nEagle US 2 LLC (Eagle), LA-TX Ethylene pipeline in Lake Charles, Louisiana and Orange, Texas.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nEagle’s plans or procedures, as described below:\n1. §192.935 What additional preventive and mitigative measures must an operator take?\n(a) General requirements. An operator must take additional measures beyond those\nalready required by Part 192 to prevent a pipeline failure and to mitigate the\nconsequences of a pipeline failure in a high consequence area. An operator must base\nthe additional measures on the threats the operator has identified to each pipeline\nsegment. (See § 192.917) An operator must conduct, in accordance with one of the\nrisk assessment approaches in ASME/ANSI B31.8S (incorporated by reference, see §\n192.7), section 5, a risk analysis of its pipeline to identify additional measures to\nprotect the high consequence area and enhance public safety. Such additional\nmeasures include, but are not limited to, installing Automatic Shut-off Valves or\n\n\n\nRemote Control Valves, installing computerized monitoring and leak detection\nsystems, replacing pipe segments with pipe of heavier wall thickness, providing\nadditional training to personnel on response procedures, conducting drills with local\nemergency responders and implementing additional inspection and maintenance\nprograms.\nEagle must amend its IMP manual, document #2305-IM-1000, revision date 1/15/18,\nSection 32.0 – 35.0 Preventive and Mitigative Measures – Regulatory Compliance\nPositions to ensure it considers all threats associated with their pipeline. Additionally,\nEagle must provide procedures for the justification, as necessary, for the elimination of any\nspecific threat from their risk assessment.\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 60 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\n2\n\n\n\nIt is requested (not mandated) that Eagle US 2 LLC maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Mary L. McDaniel, Director, Southwest Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 4-2018-1011M and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3","truncated":false,"body_characters":6740}