{"operation":"document","citation":"CPF 42021007WL","title":"ENTERPRISE PRODUCTS OPERATING LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-01-22","effective_on":null,"summary":"CLOSED warning letter citing 195.54(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021007wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021007wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021007wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42021007WL","body":"Warning Letter involving ENTERPRISE PRODUCTS OPERATING LLC. PHMSA's enforcement data identifies the cited regulation as 195.54(a). The case was opened on 2021-01-22 and is reported as closed as of 2021-01-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42021007WL_Warning Letter_01222021_(20-172502).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021007WL/42021007WL_Warning%20Letter_01222021_(20-172502).pdf\n\n42021007WL_Warning Letter_01222021_(20-172502)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021007WL/42021007WL_Warning%20Letter_01222021_(20-172502)_text.pdf\n\n42021007WL_Warning Letter_01222021_(20-172502)_text.pdf\n\nWARNING LETTER\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nJanuary 22, 2021\nGraham Bacon\nExecutive Vice President, Chief Operating Officer\nEnterprise Products Operating, LLC\n1100 Louisiana Street\nHouston, Texas 77002\nCPF 4-2021-007-WL\nDear Mr. Bacon:\nFrom February 24, 2020 through October 30, 2020, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) inspected Enterprise Products Operating, LLC’s (Enterprise) operations, maintenance,\nand integrity management records for Enterprise MAPCO system in Kansas, Nebraska, Iowa,\nMinnesota, Missouri, Illinois, and Wisconsin.\nAs a result of the inspection, it is alleged that Enterprise has committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nprobable violation is:\n1. § 195.54 Accident reports.\n(a) Each operator that experiences an accident that is required to be reported under\n§ 195.50 must, as soon as practicable, but not later than 30 days after discovery of the\naccident, file an accident report on DOT Form 7000-1.\nEnterprise failed to file an accident report on DOT Form 7000-1 within 30 days of\ndiscovering a reportable release at its Mankato Station in Minnesota. Enterprise\nexperienced a release of HVL on May 21, 2018, but did not file the DOT Form 7000-1\nuntil August 19, 2018, which was 90 days after the day of the release.\n\n\n\n2\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related\nseries of violations. For violation occurring on or after November 27, 2018 and before July 31,\n2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum\npenalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before\nNovember 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a\nmaximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015,\nthe maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 for a related series of violations. We have reviewed the circumstances\nand supporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitem(s) identified in this letter. Failure to do so will result in Enterprise Products Operating, LLC\nbeing subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2021-007-WL. 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\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document, you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\ncc: Jeff Morton, Sr. Director, Transportation Compliance, Enterprise Products,\njcmorton@eprod.com\nHans Deeb, Sr. Pipeline Compliance Engineer, Enterprise Products, hdeeb@eprod.com\nSuzie Davis, Manager, Compliance, Enterprise Products, smdavid@eprod.com","truncated":false,"body_characters":4394}