{"operation":"document","citation":"CPF 42021035WL","title":"ENTERPRISE PRODUCTS OPERATING LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-09-21","effective_on":null,"summary":"CLOSED warning letter citing 195.428(a), 195.432(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021035wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021035wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021035wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42021035WL","body":"Warning Letter involving ENTERPRISE PRODUCTS OPERATING LLC. PHMSA's enforcement data identifies the cited regulations as 195.428(a),  195.432(c). The case was opened on 2021-09-21 and is reported as closed as of 2021-09-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42021035WL_Warning Letter_09212021_(20-171912).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021035WL/42021035WL_Warning%20Letter_09212021_(20-171912).pdf\n\n42021035WL_Warning Letter_09212021_(20-171912)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021035WL/42021035WL_Warning%20Letter_09212021_(20-171912)_text.pdf\n\n42021035WL_Warning Letter_09212021_(20-171912)_text.pdf\n\nWARNING LETTER\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nSeptember 21, 2021\nGraham Bacon\nExecutive Vice President, Chief Operating Officer\nEnterprise Products Operating, LLC\n1100 Louisiana Street\nHouston, Texas 77002\nCPF 4-2021-035-WL\nDear Mr. Bacon:\nFrom February 24, 2020 through March 12, 2021, representatives 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) Southern Hazardous Liquid\nPipeline System located in Texas, Louisiana, and Arkansas.\nBased on the inspection, it is alleged that Enterprise has committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 195.428 Overpressure safety devices and overfill protection systems.\n(a) Except as provided in paragraph (b) of this section, each operator shall, at\nintervals not exceeding 15 months, but at least once each calendar year, or in the case\nof pipelines used to carry highly volatile liquids, at intervals not to exceed 71∕2\nmonths, but at least twice each calendar year, inspect and test each pressure limiting\ndevice, relief valve, pressure regulator, or other item of pressure control equipment\nto determine that it is functioning properly, is in good mechanical condition, and is\nadequate from the standpoint of capacity and reliability of operation for the service\nin which it is used.\nEnterprise failed to inspect and test its overfill protection system on its highly volatile liquid\n(HVL) aboveground breakout tank at intervals not to exceed 7 ½ months, but at least twice\neach calendar year to determine that it is functioning properly, is in good mechanical condition,\nand is adequate from the standpoint of capacity and reliability of operation for the service in\nwhich it is used as specified per § 195.428(a).\n\n\n\nSpecifically, Enterprise failed to conduct tests and inspections on its HVL aboveground\nbreakout tanks’ overfill protection system at its McRae Tank Station in McRae, Arkansas for\nthe Tanks 1320 and 1321 during calendar years 2018 and 2019. Enterprise only performed\noverfill protection system tests and inspections for Tanks 1320 and 1321 on September 9, 2018,\nand September 4, 2019, which is considered annually and in violation of § 195.428(a).\n2. § 195.432 - Inspection of in-service breakout tanks.\n(a)…\n(c) Each operator must inspect the physical integrity of in-service steel aboveground\nbreakout tanks built to API Std 2510 (incorporated by reference, see § 195.3)\naccording to section 6 of API Std 510 (incorporated by reference, see § 195.3).\nEnterprise failed to timely inspect the physical integrity of its in-service steel aboveground\nbreakout tanks at its McRae Terminal in McRae, Arkansas. Enterprise records demonstrate\nthe in-service steel aboveground breakout tank was built to API Standard 2510 (IBR) and\nwithin the prescribed period indicated in section 6 of API 510 (IBR).\nAmerican Petroleum Institute 510, Pressure Vessel Inspection Code: In-Service Inspection,\nRating, Repair, and Alteration,” Section 6.5.1.1 (Ninth Edition, June 2006), states:\nUnless justified by a[n] RBI assessment, the period between internal or on-stream\ninspections shall not exceed one half [of] the remaining life of the vessel or 10 years,\nwhichever is less. Whenever the remaining life is less than four years, the inspection\ninterval may be the full remaining life up to a maximum of two years. The interval is\nestablished by the inspector or engineer in accordance with the owner/user’s quality\nassurance system.\nInternal inspections were performed on Enterprise’s TK-1320 Butane Storage Tank at McRae\nTerminal in McRae, Arkansas in August 2009 and March 2020, which exceeds the maximum\n10-year interval as required by § 195.432(c).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, Enterprise Products Operating LLC is subject to\na civil penalty not to exceed $225,134 per violation per day the violation persists, up to a maximum\nof $2,251,334 for a related series of violations. For violations occurring on or after January 11,\n2021, and before May 3, 2021, the maximum penalty may not exceed $222,504 per violation per\nday the violation persists, up to a maximum of $2,225,034 for a related series of violations. For\nviolations occurring on or after July 31, 2019, and before January 11, 2021, the maximum penalty\nmay not exceed $218,647 per violation per day the violation persists, up to a maximum of\n$2,186,465 for a related series of violations.\nFor violations occurring on or after November 27, 2018, and before July 31, 2019, the maximum\npenalty may not exceed $213,268 per violation per day, with a maximum penalty not to exceed\n$2,132,679. For violations occurring on or after November 2, 2015, and before November 27,\n2\n\n\n\n2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nEnterprise Products Operating, LLC being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2021-035-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\n3","truncated":false,"body_characters":7123}