{"operation":"document","citation":"CPF 420195021","title":"ENTERPRISE PRODUCTS OPERATING LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-11-04","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195021.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195021.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195021","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420195021","body":"Notice of Probable Violation involving ENTERPRISE PRODUCTS OPERATING LLC. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2019-11-04 and is reported as closed as of 2021-05-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420195021_Closure Letter_05252021_(19-164563S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195021/420195021_Closure%20Letter_05252021_(19-164563S).pdf\n\n420195021_Closure Letter_05252021_(19-164563S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195021/420195021_Closure%20Letter_05252021_(19-164563S)_text.pdf\n\n420195021_Final Order_10162020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195021/420195021_Final%20Order_10162020.pdf\n\n420195021_Final Order_10162020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195021/420195021_Final%20Order_10162020_text.pdf\n\n420195021_NOPV PCO_11042019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195021/420195021_NOPV%20PCO_11042019.pdf\n\n420195021_NOPV PCO_11042019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195021/420195021_NOPV%20PCO_11042019_text.pdf\n\n420195021_Operator Response to Notice_02212020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195021/420195021_Operator%20Response%20to%20Notice_02212020.pdf\n\n420195021_Closure Letter_05252021_(19-164563S)_text.pdf\n\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nMay 25, 2021\nGraham Bacon\nExecutive Vice President & Chief Operating Officer\nEnterprise Products Partners, L.P.\n1100 Louisiana Street\nHouston, Texas 77002\nCPF 4-2019-5021\nDear Mr. Bacon:\nOn October 16, 2020, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Enterprise Products Partners, L.P., a Final Order in the above-referenced case. This Order\nincluded a Compliance Order for one item to be addressed. Based on PHMSA’s review of the\ndocumentation provided by Enterprise, it has been determined that Enterprise has complied with\nthe terms of the Final Order.\nAccordingly, this case is now closed, and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n\n420195021_Final Order_10162020_text.pdf\n\nOctober 16, 2020\nVIA ELECTRONIC MAIL TO: gbacon@eprod.com\nMr. Graham W. Bacon\nExecutive Vice President and Chief Operating Officer\nEnterprise Products Operating, LLC\n1100 Louisiana Street\nHouston, Texas 77002\nRe: CPF No. 4-2019-5021\nDear Mr. Bacon:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and specifies actions that need to be taken by Enterprise Products Operating, LLC to\ncomply with the pipeline safety regulations. When the terms of the compliance order have been\ncompleted, as determined by the Director, Southwest Region, this enforcement action will be\nclosed. Service of the Final Order by e-mail is effective upon the date of mailing as provided\nunder 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Ms. Mary McDaniel, Director, Southwest Region, Office of Pipeline Safety, PHMSA\nMr. Jeff Morton, Senior Director, Transportation Compliance, Enterprise Products\nOperating, LLC, jcmorton@eprod.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n_______________________________________________\n)\nIn the Matter of\n)\n)\nEnterprise Products Operating, LLC,\n)\na subsidiary of Enterprise Products Holdings, LLC,\n)\nRespondent. )\n_______________________________________________)\nCPF No. 4-2019-5021\nFINAL ORDER\nFrom March 25 through August 9, 2019, pursuant to 49 U.S.C. § 60117, a representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the facilities and records of Enterprise\nProducts Operating, LLC’s (Enterprise or Respondent) Rio Grande Pipeline System in west\nTexas. Enterprise Products Operating, LLC, a subsidiary of Enterprise Products Holdings, LLC,\nowns and operates an approximately 250-mile long, 8-inch diameter highly volatile liquid (HVL)\npipeline in southwest Texas.1\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated November 4, 2019, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Enterprise had violated 49 C.F.R. § 195.402(a) and proposed ordering Respondent to\ntake certain measures to correct the alleged violation.\nAfter requesting and receiving an extension of time to respond, Enterprise responded to the\nNotice by letter dated January 27, 2020 (Response). The company requested clarification as to\nthe nature of the alleged violation, and offered additional information in response to the Notice.\nOn February 21, 2020, Enterprise provided a supplemental response to PHMSA that stated the\ncompany’s understanding of what measures needed to be taken to comply with the Notice\n(Supplemental Response). Respondent did not request a hearing and therefore has waived its\nright to one.\n1 Pipeline Safety Violation Report (Violation Report) at 1 (Nov. 5, 2019) (on file with PHMSA).\n\n\n\nCPF No. 4-2019-5021\nPage 2\nFINDING OF VIOLATION\nThe Notice alleged that Respondent violated 49 C.F.R. Part 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402(a), which states:\n§ 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations\nand maintenance activities and handling abnormal operations and\nemergencies. This manual shall be reviewed at intervals not exceeding 15\nmonths, but at least once each calendar year, and appropriate changes made\nas necessary to insure that the manual is effective. This manual shall be\nprepared before initial operations of a pipeline system commence, and\nappropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.402(a) by failing to prepare and\nfollow for each pipeline system a manual of written procedures for conducting normal operations\nand maintenance activities. Specifically, the Notice alleged that Enterprise failed to follow its\nEngineering Standards 9006, Pipeline Defect Evaluation and Repair (STD 9006), Section 5.0\n“Available Repair Methods,” which allows the use of a bolt-on clamp as a temporary repair\nmethod.2 On May 20, 2015, Enterprise repaired a girth weld leak on its Rio Grande Pipeline\nwith a temporary bolt-on clamp, noting on Form 140-Maintenance Report, AFE No. A 20060\nthat the repair was “a temporary PLIDCO clamp . . . installed over GW 41120 for operations to\nbe cut out at a later time.” As of the date of the PHMSA inspection, the temporary bolt-on clamp\nhad not been replaced with a permanent method of repair.\nIn its Response, Enterprise requested clarification regarding the nature of the alleged violation.\nEnterprise noted that Part 195 and the company’s manual of written procedures for conducting\nnormal operations and maintenance activities does not specify a time frame in which temporary\nrepairs must be made permanent. Enterprise also noted that it utilizes a combination of\ntechniques to continually monitor the integrity of its temporary clamp repair, including\npatrolling, cathodic protection and monitoring, internal corrosion monitoring, and integrity\nassessments such as in-line inspections.3 After speaking with the Director on the telephone on\nFebruary 13, 2020, the company sent a Supplemental Response that listed three items Enterprise\nbelieved it needed to follow to satisfy PHMSA’s concerns: (1) develop an inventory of\ntemporary repairs within Rio Grande Pipeline system; (2) develop an inspection schedule to\nmonitor temporary repair locations; and (3) using sound engineering practices, establish intervals\nfor interim inspections until a permanent repair is implemented.4\n2 Violation Report, at 29.\n3 Response, at 1.\n4 Supplemental Response, at 1.\n\n\n\nCPF No. 4-2019-5021\nPage 3\nSection 5.0 of Enterprise’s STD 9006 on “Available Repair Methods” specifically addresses how\nto make temporary bolt-on clamp repairs permanent. Section 5.0(1)(e) lists several acceptable\noptions, including “[i]n certain cases, it may be possible to justify designating a bolt-on clamp as\na permanent repair. Written approval from the Manager of Pipeline Integrity or designee is\nrequired.” There is no document in the record, however, indicating that Enterprise received\nwritten approval from necessary personnel to make the repair permanent. Nor is there anything\nin the record demonstrating that the company implemented any of the other enumerated\nmeasures set forth in STD 9006 Section 5.0(1)(e) to make the temporary repair permanent.\nIn its Response, Enterprise noted that its written procedures do not specify a time frame for\nmaking temporary repairs permanent. Since Enterprise does not otherwise define the term\n“temporary” in its written procedures, the term should be given its ordinary meaning. The\nMerriam-Webster Dictionary defines “temporary” as “lasting for a limited period of time.”5 In\nthis case, Enterprise utilized a temporary bolt-on clamp repair for approximately five years,\nwhich is far beyond a limited period of time. Accordingly, after considering all of the evidence,\nI find that Respondent violated 49 C.F.R. § 195.402(a) by failing to follow its manual of written\nprocedures for the use of a bolt-on clamp as a temporary repair.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violation of 49\nC.F.R. § 195.402(a). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601.\nWith regard to the violation of § 195.402(a) (Item 1), Respondent submitted a Supplemental\nResponse in which it stated that it understands the following items are required to satisfy\nPHMSA’s concerns, including (1) developing an inventory of temporary repairs within the Rio\nGrande Pipeline system; (2) developing an inspection schedule to monitor temporary repair\nlocations; and (3) using sound engineering practices, establish intervals for interim inspections\nuntil a permanent repair is implemented. I note, however, that this list does not include the first\nrequirement listed in the Proposed Compliance Order, which proposed that Enterprise replace the\ntemporary bolt-on clamp with a permanent repair method or perform an acceptable option for\nmaking the repair permanent set forth in Section 5.0(1)(e).\nIn its Response, Enterprise stated that it used several methods to assess the integrity of the\ntemporary repair. However, none of the listed activities in Enterprise’s Response comport with\nthe requirements in Section 5.0(1)(e). Enterprise did not submit any additional evidence to\ndemonstrate why the requirement to permanently repair the temporary bolt-on clamp was no\n5 Merriam-Webster Dictionary, available at https://www.merriam-webster.com/dictionary/temporary (last accessed\nOctober 6, 2020).\n\n\n\nCPF No. 4-2019-5021\nPage 4\nlonger needed. Therefore, the Compliance Order is not modified.\nPursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is\nordered to take the following actions to ensure compliance with the pipeline safety regulations\napplicable to its operations:\n1. With respect to the violation of § 195.402(a) (Item 1), Respondent must:\n(a) Replace, on its Rio Grande Pipeline System, the temporary PLIDCO bolt-on\nclamp with a permanent repair method or perform an acceptable option for making\nbolt-on clamps a permanent repair, as prescribed in STD 9006;\n(b) Review previous repairs made on its pipeline systems in the past five years to\ndetermine if any temporary repairs remain. If so, Enterprise shall provide a\nlist of those temporary repairs identified along with its plans for remedial action; and\n(c) Revise its procedure STD 9006 to include a time frame for making permanent\nrepairs or accepting the repair as permanent per its existing procedure.\n(d) Within 90 days following the receipt of this Final Order, Enterprise must provide\nPHMSA Southwest Region with documentation that verifies completion of Item 1(a)-\n(c) of this Compliance Order.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nIt is requested (not mandated) that Respondent maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the total to the\nDirector. It is requested that these costs be reported in two categories: (1) total cost associated\nwith preparation/revision of plans, procedures, studies and analyses; and (2) total cost associated\nwith replacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000, as adjusted for inflation (49 C.F.R. § 190.223), for each violation for\neach day the violation continues or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address, no later than 20 days after receipt of service of this\nFinal Order by Respondent. Any petition submitted must contain a statement of the issue(s) and\nmeet all other requirements of 49 C.F.R. § 190.243. The terms of the order, including corrective\naction, remain in effect unless the Associate Administrator, upon request, grants a stay.\n\n\n\nCPF No. 4-2019-5021\nPage 5\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nOctober 16, 2020\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":14944}