{"operation":"document","citation":"CPF 420185010M","title":"ENTERPRISE CRUDE PIPELINE LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-11-20","effective_on":null,"summary":"CLOSED notice of amendment citing 195.452(f)(8), 195.452(h)(4)(i), 195.505(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420185010m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420185010m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420185010m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420185010M","body":"Notice of Amendment involving ENTERPRISE CRUDE PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 195.452(f)(8),  195.452(h)(4)(i),  195.505(i). The case was opened on 2018-11-20 and is reported as closed as of 2019-03-29. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420185010M_Closure Letter_03292019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185010M/420185010M_Closure%20Letter_03292019.pdf\n\n420185010M_Closure Letter_03292019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185010M/420185010M_Closure%20Letter_03292019_text.pdf\n\n420185010M_Notice of Amendment_11202018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185010M/420185010M_Notice%20of%20Amendment_11202018.pdf\n\n420185010M_Notice of Amendment_11202018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185010M/420185010M_Notice%20of%20Amendment_11202018_text.pdf\n\n420185010M_Operator Response to Notice_01302019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185010M/420185010M_Operator%20Response%20to%20Notice_01302019.pdf\n\n420185010M_Notice of Amendment_11202018_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 20, 2018\nGraham Bacon\nGroup Senior VP, Operations & EHS&T\nEnterprise Crude Pipeline LLC\n1100 Louisiana Street\nHouston, Texas 77002\nCPF 4-2018-5010M\nDear Mr. Bacon:\nFrom February to September 29, 2017, 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 Operations and Maintenance, and\nIntegrity Management in Houston, Texas.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nEnterprise’s plans or procedures, as described below:\n1. §195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(i) After December 16, 2004, notify the Administrator or a state agency participating\nunder 49 U.S.C. Chapter 601 if the operator significantly modifies the program after\nthe administrator or state agency has verified that it complies with this section.\nNotifications to PHMSA may be submitted by electronic mail\nto InformationResourcesManager@dot.gov, or by mail to ATTN: Information\nResources Manager DOT/PHMSA/OPS, East Building, 2nd Floor, E22-321, New\nJersey Avenue SE., Washington, DC 20590.\n\n\n\nEnterprise’s Operator Qualification Manual (OQ), Section 15, fails to define what is a significant\nmodification to the OQ Plan and how to submit a notification to PHMSA. Enterprise’s OQ Plan\naddresses what will be considered a significant modification requiring notification to PHMSA\nand/or appropriate state agencies.\n2. §195.452 Pipeline integrity management in high consequence areas.\n(f) What are the elements of an integrity management program? An integrity\nmanagement program begins with the initial framework. An operator must\ncontinually change the program to reflect operating experience, conclusions drawn\nfrom results of the integrity assessments, and other maintenance and surveillance\ndata, and evaluation of consequences of a failure on the high consequence area. An\noperator must include, at minimum, each of the following elements in its written\nintegrity management program:\n(8) A process for review of integrity assessment results and information analysis by a\nperson qualified to evaluate the results and information (see paragraph (h)(2) of this\nsection).\nEnterprise’s Integrity Management Program, IM Process 4-00, fails to adequately describe what\nkind of training and qualifications are required for review of integrity assessment results and\ninformation analysis. Enterprise lists what positions are involved in reviewing ILI\ndata. Enterprise needs to address what training and qualification is required for each position listed\nin IM Process 4-00. The rule requires that individuals who review assessment results and perform\ninformation analysis be qualified to do so. An effective operator program would be expected to\nrequire that appropriate means be taken to ensure the requisite level of qualification.\n3. §195.452 Pipeline integrity management in high consequence areas.\n(h) What actions must an operator take to address integrity issues\n(4) Special requirements for scheduling remediation—\n(i) Immediate repair conditions. An operator's evaluation and remediation schedule\nmust provide for immediate repair conditions. To maintain safety, an operator must\ntemporarily reduce the operating pressure or shut down the pipeline until the\noperator completes the repair of these conditions. An operator must calculate the\ntemporary reduction in operating pressure using the formulas referenced in\nparagraph (h)(4)(i)(B) of this section. If no suitable remaining strength calculation\nmethod can be identified, an operator must implement a minimum 20 percent or\ngreater operating pressure reduction, based on actual operating pressure for two\nmonths prior to the date of inspection, until the anomaly is repaired. An operator\nmust treat the following conditions as immediate repair conditions:\nEnterprise’s Integrity Management Program, IM Procedure 5-01L, section 5-01.2.1 Temporary\nReduction of Operating Pressure, fails to require when Enterprise initiates a 20 percent pressure\nreduction when a remaining strength calculation method cannot be utilized, the pressure reduction\nbe based on the actual operating pressure for two months prior to the date of inspection.\n2\n\n\n\nAlso, the procedure references the code regulation to describe criteria for indications that meet the\nimmediate repair criteria. Enterprise needs to state what is an immediate repair or reference where\nit is defined in their processes, not just reference the regulation code.\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 30 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.\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 Mary McDaniel, Director,\nSouthwest Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 4-2018-5010M and, for each document you submit,\nplease provide a copy in electronic 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\n\n420185010M_Closure Letter_03292019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 29, 2019\nGraham Bacon\nExecutive Vice President, Operations & Engineering\nEnterprise Crude Pipeline, LLC\n1100 Louisiana Street\nHouston, Texas 77002\nCPF 4-2018-5010M\nDear Mr. Bacon:\nFrom February to September 29, 2017, 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 Operations and Maintenance, and\nIntegrity Management in Houston, Texas. As a result of the inspection Enterprise was issued a\nNotice of Amendment on November 20, 2018, which proposed amendment of your procedures.\nEnterprise submitted its response with revised procedures and further evidence on January 30,\n2019. My staff reviewed the submitted procedures, and it appears that the inadequacies outlined\nin this 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,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":9634}