{"operation":"document","citation":"CPF 420195003M","title":"PERMIAN EXPRESS PARTNERS LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-01-16","effective_on":null,"summary":"CLOSED notice of amendment citing 195.440(a), 195.440(b), 195.452(b)(1), 195.505(a), 195.505(b), 195.505(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195003m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195003m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195003m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420195003M","body":"Notice of Amendment involving PERMIAN EXPRESS PARTNERS LLC. PHMSA's enforcement data identifies the cited regulations as 195.440(a),  195.440(b),  195.452(b)(1),  195.505(a),  195.505(b),  195.505(c). The case was opened on 2019-01-16 and is reported as closed as of 2019-04-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420195003M_Closure Letter_04252019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195003M/420195003M_Closure%20Letter_04252019.pdf\n\n420195003M_Closure Letter_04252019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195003M/420195003M_Closure%20Letter_04252019_text.pdf\n\n420195003M_Notice of Amendment_01162019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195003M/420195003M_Notice%20of%20Amendment_01162019.pdf\n\n420195003M_Notice of Amendment_01162019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195003M/420195003M_Notice%20of%20Amendment_01162019_text.pdf\n\n420195003M_Operator Response to Notice_02152019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195003M/420195003M_Operator%20Response%20to%20Notice_02152019.pdf\n\n420195003M_Closure Letter_04252019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 25, 2019\nGreg McIlwain\nSenior Vice President Operations\nPermian Express Partners, LLC\n1300 Main Street\nHouston, Texas 77002\nCPF 4-2019-5003M\nDear Mr. McIlwain:\nFrom December 12, 2017 to December 13, 2018, a representative 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 LOLA-Louisiana to Longview pipeline system.\nAs a result of the inspection, Permian Express Partners, LLC (Permian/Sunoco/Energy Transfer)\nwas issued a Notice of Amendment (Notice) on January 16, 2019, which proposed amendment of\nyour procedures.\nPermian submitted its amended procedures on February 15, 2019 and April 5, 2019. My staff has\nreviewed the amended procedures, and it appears that the inadequacies outlined in this Notice have\nbeen corrected.\nThis letter is to inform you that no further action is necessary and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n\n420195003M_Notice of Amendment_01162019_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 16, 2019\nGreg McIlwain\nPermian Express Partners, LLC.\nSenior Vice President Operations\n1300 Main Street\nHouston, Texas 77002\nCPF-4-2019-5003M\nDear Mr. McIlwain :\nFrom December 12, 2017 to December 13, 2018, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.) inspected your LOLA-Louisiana to Longview pipeline\nsystem.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within the\nPermian Express plans or procedures, as described below:\n1. §195.440 Public Awareness.\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by\nreference, see §195.3).\n(b) The operator's program must follow the general program recommendations of API\nRP 1162 and assess the unique attributes and characteristics of the operator's pipeline\nand facilities.\n\n\n\nPermian Express (Sunoco/Energy Transfer) failed to include the LOLA asset in the Sunoco\nPipeline L.P. Public Awareness Plan. Sunoco acquired the Permian Express (OPID-39596)\nasset in February 2017.\nThe Sunoco Pipeline L.P. Public Awareness Plan (rev. 3.6; last annual review May 23, 2016);\npage 6; Table 1-Introduction and Scope did not include The Permian Express Partners, LLC\n(OPID-39596) and therefore, does not include the LOLA pipeline system asset. The Plan also\nhas not been reviewed since May 2016.\nPermian Express must ensure that the Public Awareness Plan it follows include Permian\nExpress Partners, LLC (OPID-39596) as a part of that plan and its assets.\n2. §195.452 Pipeline integrity management in high consequence areas.\n(b) What program and practices must operators use to manage pipeline integrity? Each\noperator of a pipeline covered by this section must:\n(1) Develop a written integrity management program that addresses the risks on each\nsegment of pipeline in the first column of the following table not later than the date in the\nsecond column:\nPermian Express (Sunoco/Energy Transfer) failed to ensure that the Integrity Management\nPlan included the LOLA pipeline system.\nPermian Express was acquired by Sunoco/Energy Transfer in February 2017 and follows the\nSunoco Logistics Pipeline Integrity Management Plan (Rev. 18; March 2017). The Integrity\nManagement Plan was reviewed in March 2017. Page 5 of 68 of that plan, shows the pipeline\nsystems covered by that Plan. The Permian Express (OPID-39596) is not listed. At the close\nof the inspection, the asset had not been included.\nPermian Express must ensure that the Integrity Management Plan it follows includes Permian\nExpress Partners, LLC (OPID-39596) as a part of that plan and its assets.\n3. §195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) Identify covered tasks;\n(b) Ensure through evaluation that individuals performing covered tasks are qualified;\n(c) Allow individuals that are not qualified pursuant to this subpart to perform a covered\ntask if directed and observed by an individual that is qualified;\n2\n\n\n\nPermian Express (Energy Transfer/Sunoco) failed to ensure that the Span of Control (SOC)\nadequately reflects the actual SOC for covered tasks performed by operator personnel.\nSunoco Pipeline & Affiliates Operator Qualification Plan (rev. 17; eff. September 25, 2017),\nOQ-Appendix C; does not set a limit for Span of Control (SOC) of OQ covered tasks. The plan\nnotes that the SOC is situation specific and the maximum allowed direct observation limitation\nfor any one covered task is 1 qualified individual to 5 nonqualified individuals. For example,\nTask No. 201 in Appendix C shows that there is no set limitation to the number of non-qualified\nindividuals that an OQ Qualified individual can direct and observe and the maximum would\nbe five (5). However, the Energy Transfer document (dated June 8, 2017) Training &\nEvaluation Guide (TEG) for Valve Inspections states that the Span of Control for this covered\ntask is that 1 qualified person can supervise 3 unqualified people.\nPermian Express must ensure that the Operator Qualification Plan – Appendix C; Qualification\nFrequency & Direct Observation Limitation (Span Of Control) directly reflects the SOC listed\nin the Training & Evaluation Guide for the covered tasks.\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 Permian Express Partners, 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 L. McDaniel, Director,\n3\n\n\n\nSouthwest Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 4-2019-5003M 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\n4","truncated":false,"body_characters":9495}