# ENTERPRISE CRUDE PIPELINE LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 42022001NOPV
- **title:** ENTERPRISE CRUDE PIPELINE LLC — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2022-08-04
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 195.579(b).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-42022001nopv.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-42022001nopv.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-42022001nopv
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/42022001NOPV
**body:**

Notice of Probable Violation involving ENTERPRISE CRUDE PIPELINE LLC. PHMSA's enforcement data identifies the cited regulation as 195.579(b). The case was opened on 2022-08-04 and is reported as closed as of 2023-07-28. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

42022001NOPV_Closure Letter_07282023_(21-210603).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022001NOPV/42022001NOPV_Closure%20Letter_07282023_(21-210603).pdf

42022001NOPV_Closure Letter_07282023_(21-210603)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022001NOPV/42022001NOPV_Closure%20Letter_07282023_(21-210603)_text.pdf

42022001NOPV_Consent Agreement and Order_04032023_(21-210603).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022001NOPV/42022001NOPV_Consent%20Agreement%20and%20Order_04032023_(21-210603).pdf

42022001NOPV_Consent Agreement and Order_04032023_(21-210603)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022001NOPV/42022001NOPV_Consent%20Agreement%20and%20Order_04032023_(21-210603)_text.pdf

42022001NOPV_Operator RtN and RfH and Request Case File_10172022_(21-210603).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022001NOPV/42022001NOPV_Operator%20RtN%20and%20RfH%20and%20Request%20Case%20File_10172022_(21-210603).pdf

42022001NOPV_Operator Withdrawal of Request for Hearing_04032023_(21-210603).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022001NOPV/42022001NOPV_Operator%20Withdrawal%20of%20Request%20for%20Hearing_04032023_(21-210603).pdf

42022001NOPV_PCO_08042022_(21-210603).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022001NOPV/42022001NOPV_PCO_08042022_(21-210603).pdf

42022001NOPV_PCO_08042022_(21-210603)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022001NOPV/42022001NOPV_PCO_08042022_(21-210603)_text.pdf

42022001NOPV_PHC Hearing Rescheduled_02162023_(21-210603).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022001NOPV/42022001NOPV_PHC%20Hearing%20Rescheduled_02162023_(21-210603).pdf

42022001NOPV_PHC Hearing Rescheduled_02162023_(21-210603)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022001NOPV/42022001NOPV_PHC%20Hearing%20Rescheduled_02162023_(21-210603)_text.pdf

42022001NOPV_PHC Hearing Scheduled_11092022_(21-210603).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022001NOPV/42022001NOPV_PHC%20Hearing%20Scheduled_11092022_(21-210603).pdf

42022001NOPV_PHC Hearing Scheduled_11092022_(21-210603)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022001NOPV/42022001NOPV_PHC%20Hearing%20Scheduled_11092022_(21-210603)_text.pdf

42022001NOPV_PHC Hearing Scheduled_11092022_(21-210603)_text.pdf

November 9, 2022
VIA ELECTRONIC MAIL TO: zlcraft@eprod.com and bryan.lethcoe@dot.gov
Mr. Zachary L. Craft, Esq.
Counsel
Enterprise Crude Pipeline, LLC
1100 Louisiana Street, Suite 1000
Houston, TX 77002
Mr. Bryan Lethcoe
Director, Southwest Region
Pipeline and Hazardous Materials Safety Administration
8701 South Gessner Road, Suite 630
Houston, Texas 77074
Re: Notice of Hearing, Enterprise Crude Pipeline, LLC
CPF No. 4-2022-001-NOPV
Dear Mr. Craft and Mr. Lethcoe:
In accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of
Probable Violation and Proposed Compliance Order issued by the Pipeline and Hazardous Materials
Safety Administration in the above-referenced case. The hearing will take place on March 1, 2023,
beginning at 8:30 a.m. Central Time.
The hearing will take place at the PHMSA Southwest Region office, 8701 South Gessner Road,
Suite 630, Houston, TX 77074. Upon arrival at the building, attendees will be required to present
photo identification to security personnel. A contact phone number for the day of the hearing is
(713) 272-2859.
At least 10 calendar days prior to the hearing (or by February 21, 2023), both parties must submit
and exchange any additional written materials they intend to present at the hearing and the name
and email address of each attendee. This information should be provided electronically. Materials
not submitted by this date may be excluded.



If you have any questions, please do not hesitate to contact me.
Sincerely,
Larry White
Presiding Official
cc: Mr. Graham W. Bacon, Group SVP, Operations & EHS&T, Enterprise Crude Pipeline,
LLC, gbacon@eprod.com
Mr. Jeff Morton, Senior Director, Transportation Compliance, Enterprise Products
Operating, LLC, jmorton@eprod.com
Mr. Ian Curry, Esq., Counsel, Southwest Region, Office of Pipeline Safety,
ian.curry@dot.gov

42022001NOPV_PHC Hearing Rescheduled_02162023_(21-210603)_text.pdf

Date: February 16, 2023
From: Larry White
To: File
Re: Continuance of Hearing, Enterprise Crude Pipeline, LLC
CPF No. 4-2022-001-NOPV
By electronic mail dated February 15, 2023, Ian Curry, Counsel for OPS Southwest Region, and
Zachary Craft, Counsel for Enterprise Crude Pipeline, LLC submitted a joint request for a
continuance of the hearing previously scheduled for March 1, 2023. The request explained that the
parties were moving forward with negotiation of a consent agreement to resolve the case which
would make a hearing unnecessary and the additional time was needed to conclude the negotiations.
I granted the request for a continuance until April 5, 2023 which will be the new hearing date if
resolution by consent agreement is not completed by that time.

42022001NOPV_Consent Agreement and Order_04032023_(21-210603)_text.pdf

April 3, 2023
VIA ELECTRONIC MAIL TO: gbacon@eprod.com; compliance regulatory@eprod.com
Graham Bacon
Executive Vice President and Chief Operating Officer
Enterprise Crude Pipeline, LLC
1100 Louisiana Street, Suite 1000
Houston, Texas 77002
Re: CPF No. 4-2022-001-NOPV
Dear Mr. Bacon:
Enclosed please find the Consent Order incorporating the terms of the Consent Agreement between
the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Enterprise Crude
Pipeline, LLC, which was executed on March 30, 2023. Service of the Consent Order and Consent
Agreement by electronic mail is deemed effective upon the date of transmission and
acknowledgment of receipt, or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosures: Consent Order and Consent Agreement
cc: Mr. Bryan Lethcoe, Director, Southwest Region, Office of Pipeline Safety, PHMSA
Mr. Jeff Morton, Senior Director, Transportation Compliance, Enterprise Crude Pipeline,
LLC, jmorton@eprod.com
Mr. Zachary L. Craft, Counsel for Enterprise Crude Pipeline, LLC, zlcraft@eprod.com
CONFIRMATION OF RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
)
In the Matter of )
)
Enterprise Crude Pipeline, LLC, ) CPF No. 4-2022-001-NOPV
)
Respondent. )
)
CONSENT ORDER
By letter dated August 4, 2022, the Pipeline and Hazardous Materials Safety Administration
(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation and Proposed
Compliance Order (Notice) to Enterprise Crude Pipeline, LLC (Enterprise or Respondent).
In response to the Notice, Respondent requested a hearing on Item 1, contesting the underlying
violation and the proposed compliance order. Enterprise also asked for the opportunity to meet
informally with PHMSA to discuss Item 1 in the Notice. Respondent and PHMSA (the Parties)
subsequently met to discuss the issues raised in the Response. As a result of those discussions, as
explained in more detail below, the Parties have agreed to a Consent Agreement by which Item 1
is reduced to a warning item, and the associated compliance order is amended.
Accordingly, the Consent Agreement is hereby approved and incorporated by reference into this
Consent Order. Enterprise is hereby ordered to comply with the terms of the Consent Agreement
pursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent
Order may result in the assessment of civil penalties as set forth in 49 U.S.C. § 60122 and 49
C.F.R. § 190.223.
The terms and conditions of this Order are effective upon service in accordance with 49 C.F.R.
§ 190.5.
April 3, 2023
___________________________________ __________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
)
In the Matter of )
)
Enterprise Crude Pipeline, LLC, ) CPF No. 4-2022-001-NOPV
)
Respondent. )
)
CONSENT AGREEMENT
On August 4, 2022, pursuant to 49 C.F.R. § 190.207, the Pipeline and Hazardous Materials Safety
Administration (“PHMSA”), Office of Pipeline Safety (“OPS” or “Agency”), issued a Notice of
Probable Violation and Proposed Compliance Order (“Notice”) to Enterprise Crude Pipeline, LLC
(“Enterprise” or “Respondent”) to initiate this proceeding. The claims in the Notice relate to a
release of crude oil from a 24-inch pipeline at Enterprise’s Texas City Pump Station in Galveston
County, Texas on April 20, 2021.
On October 17, 2022, after receiving a time extension, Enterprise responded to the Notice by
timely submitting a Request for Settlement Conference and Hearing pursuant to 49 C.F.R.
§ 190.208(a)(4). PHMSA and Enterprise (collectively, the “Parties”) conducted settlement
discussions on November 28, 2022, and virtually on January 17, 2023.
As a result of the settlement discussions, the Parties agreed that settlement of this Proceeding will
avoid further administrative proceedings or litigation and will serve the public interest by
promoting safety and protection of the environment. Pursuant to 49 C.F.R. Part 190, and upon
consent and agreement of Enterprise and PHMSA, the Parties hereby agree as follows:
I. General Provisions
1. Respondent acknowledges that it is the operator of the Texas City Pump Station
in Galveston County, Texas that is subject to the jurisdiction of the federal pipeline safety laws,
49 U.S.C. § 60101, et seq., and the regulations and administrative orders issued thereunder. For
purposes of this Consent Agreement (“Agreement”), Respondent acknowledges that it received
proper notice of PHMSA’s action in this proceeding and that the Notice states claims upon which
relief may be granted pursuant to 49 U.S.C. § 60101, et seq., and the regulations and orders issued
thereunder.
2. After Enterprise returns this signed Agreement to PHMSA, the Agency’s
representative will present it to the Associate Administrator for Pipeline Safety, recommending
that the Associate Administrator adopt the terms of this Agreement by issuing an administrative



order (“Consent Order” or “Order”) incorporating the terms of this Agreement. The terms of this
Agreement constitute an offer of settlement until a Consent Order is issued by the Associate
Administrator.
3. Respondent consents to the issuance of the Consent Order, and hereby waives any
further procedural requirements with respect to its issuance. Respondent waives all rights to
contest the adequacy of notice, or the validity of the Consent Order or this Agreement, including
all rights to administrative or judicial hearings or appeals, except as set forth herein. Respondent
agrees to withdraw its request for an administrative hearing regarding the Notice.
4. This Agreement shall apply to and be binding upon PHMSA and Enterprise, its
officers, directors, and employees, and its successors, assigns, or other entities or persons
otherwise bound by law. Respondent agrees to provide a copy of this Agreement and any
incorporated compliance orders and schedules to all of Enterprise’s officers, employees, and
agents whose duties might reasonably include compliance with this Agreement.
5. This Agreement constitutes the final, complete, and exclusive agreement and
understanding between the Parties with respect to the settlement embodied in this Agreement. The
Parties acknowledge that there are no representations, agreements, or understandings relating to
settlement other than those expressly contained in this Agreement, except that the terms of this
Agreement may be construed by reference to the Notice.
6. Nothing in this Agreement affects or relieves Respondent of its responsibility to
comply with all applicable requirements of the federal pipeline safety laws, 49 U.S.C. § 60101, et
seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters PHMSA’s
right of access, entry, inspection, and information gathering or PHMSA’s authority to bring
enforcement actions against Enterprise pursuant to the federal pipeline safety laws, the regulations
and orders issued thereunder, or any other provision of federal or state law except as otherwise
resolved through this Consent Order.
7. For all transfers of ownership or operating responsibility of Enterprise’s Texas City
Pump Station in Galveston County, Texas which occur while this Agreement is in effect,
Enterprise will provide a copy of this Agreement to the prospective transferee at least 30 days prior
to such transfer. Enterprise will provide written notice of the transfer to the Director, Southwest
Region (“Director”) no later than 60 days after the transfer occurs.
8. This Agreement does not waive or modify any federal, state, or local laws or
regulations that are applicable to Respondent’s pipeline systems. This Agreement is not a permit,
or a modification of any permit, under any federal, state, or local laws or regulations. Enterprise
remains responsible for achieving and maintaining compliance with all applicable federal, state,
and local laws, regulations, and permits.
9. This Agreement does not create rights in, or grant any cause of action to, any third
party that is not a party to this Agreement. The U.S. Department of Transportation is not liable for
any injuries or damages to persons or property arising from acts or omissions of Respondent or its
officers, employees, or agents carrying out the work required by this Agreement. Enterprise agrees
to hold harmless the U.S. Department of Transportation, its officers, employees, agents, and



representatives from any and all causes of action arising from any acts or omissions of Respondent
or its contractors in carrying out any work required by this Agreement.
10. Except as set forth herein, this Agreement does not constitute a finding of violation
of any federal law or regulation and may not be used in any civil proceeding of any kind as
evidence or proof of any fact, fault or liability, or as evidence of a violation of any law, rule,
regulation, or requirement, except in a proceeding to enforce the provisions of this Agreement or
in future PHMSA enforcement actions. Respondent agrees, for purposes of this Agreement and
Order, to address the alleged risk conditions by completing the terms of this Agreement.
11. Upon issuance of the Consent Order, the Parties agree to the terms in Sections II &
III.
II. Warning Item
12. Item 1 of the Notice: With respect to Item 1, the Notice alleged a violation of 49
C.F.R. § 195.579(b), which Enterprise contested. In consideration of Enterprise’s agreement to
the compliance requirements of this Agreement and Enterprise’s commitment to follow its updated
deadleg or bypass procedures throughout all of its facilities, PHMSA finds it appropriate to instead
issue a warning to Enterprise for its failure to mitigate internal corrosion by ensuring the
effectiveness of its internal corrosion control monitoring program in accordance with 49 C.F.R.
§ 195.579(b).
III. Compliance Requirement
Enterprise agrees to take the following corrective measures to address the alleged risk conditions
as set forth in the Proposed Compliance Order (“PCO”) of the Notice, as follows:
13. With regard to Item 1, Enterprise agrees to update its procedures to require
completion of a Facility Integrity Information Analysis at a maximum of five (5) year intervals to
provide for preventative and mitigative measures at all hazardous liquid facilities that meet all of
the following criteria:
i. The facility is a hazardous liquid facility in crude oil service;
ii. While in crude oil service, the facility has had a reportable accident due to
internal corrosion, whether in the 10-year period preceding the Effective Date or on or after
the Effective Date; and
iii. At the time of the reportable accident due to internal corrosion, the facility
was included in the Enterprise Integrity Management Program because it was determined
that the facility could affect a High Consequence Area.
14. Enterprise agrees to provide the updated procedures and schedule for conducting
the above-referenced facilities’ Facility Integrity Information Analysis to Bryan Lethcoe, Director,
Southwest Region within 45 days of the Effective Date of this Agreement.



15. Enterprise agrees to maintain documentation of the safety improvement costs
associated with fulfilling this Compliance Order and submit the total to Bryan Lethcoe, Director,
Southwest Region, Pipeline and Hazardous Materials Safety Administration. It is requested that
these costs be reported in two categories: 1) total cost associated with preparation/revision of plans,
procedures, studies, and analyses, and 2) the total cost associated with replacements, additions,
and other changes to pipeline infrastructure.
IV. Enforcement
16. This Agreement, including the compliance requirement, is subject to all
enforcement authorities available to PHMSA under 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part
190, including administrative civil penalties under 49 U.S.C. § 60122, of up to $200,000 (as
adjusted) per violation for each day the violation continues and referral of the case to the Attorney
General for judicial enforcement, if PHMSA determines that Respondent is not complying with
the terms of this Agreement in accordance with determinations made by the Director, or if
appealed, in accordance with decisions of the Associate Administrator. The maximum civil penalty
amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223.
V. Dispute Resolution
17. The Director and Enterprise will informally attempt to resolve any disputes arising
under this Agreement, including, but not limited to, any decision of the Director. If Enterprise and
the Director are unable to informally resolve the dispute within 15 calendar days after the dispute
is first raised, in writing, Enterprise may submit a written request for a determination resolving the
dispute from the Associate Administrator for Pipeline Safety. The written request for a
determination must be provided to the Director, counsel for the Southwest Region, and to the
Associate Administrator no later than 10 calendar days after the 15-day deadline for informal
resolution referenced in this paragraph. Along with its request, Enterprise must provide the
Associate Administrator with all information Enterprise believes is relevant to the dispute.
Determinations of the Associate Administrator under this paragraph constitute final Agency
action. The existence of a dispute and PHMSA’s consideration of matters placed in dispute, will
not excuse, toll, or suspend any term or timeframe for completion of any work to be performed
under this Agreement during the pendency of the dispute resolution process, except as agreed upon
by the Director or Associate Administrator in writing, or ordered by a court of competent
jurisdiction.
VI. Effective Date
18. The term “Effective Date,” as used herein, is the date on which the Consent Order
is issued by the Associate Administrator, PHMSA, incorporating the terms of this Agreement.
VII. Modification
19. The terms of this Agreement may be modified by mutual agreement of the Parties.
Such modifications must be in writing and signed by both parties.



VIII. Termination
20. This Agreement will remain in effect until the Compliance Requirement in Section
III. is satisfied, as reasonably and timely determined by the Director. The Consent Agreement
shall not terminate until the Director confirms, in writing, that the Consent Agreement is
terminated in accordance with this paragraph. Nothing in this Agreement prevents Respondent
from completing any of the obligations earlier than the deadlines provided for in this Agreement
or seeking dispute resolution regarding the question of whether the Compliance Requirements
have been satisfied.
IX. Ratification
21. The Parties’ undersigned representatives certify that they are fully authorized to
enter into the terms and conditions of this Agreement and to execute and legally bind such party
to this document.
22. The Parties hereby agree to all conditions and terms of this Agreement.
For Enterprise Crude Pipeline, LLC,
By its Manager, Enterprise Crude GP LLC:
____________________________________
Graham Bacon
Executive Vice President and Chief Operating Officer
____________________________________
Date
For PHMSA:
____________________________________
Bryan Lethcoe
Director, Southwest Region
____________________________________
Date

42022001NOPV_Closure Letter_07282023_(21-210603)_text.pdf

VIA ELECTRONIC MAIL
July 28, 2023
Graham W. Bacon
Executive Vice President and Chief Operating Officer
Enterprise Crude Pipeline, LLC
1100 Louisiana Street, Suite 1000
Houston, Texas 77002
CPF 4-2022-001-NOPV
Dear Mr. Bacon:
On May 15, 2023, Enterprise Crude Pipeline LLC (Enterprise) submitted via email its Request to
Confirm Termination of Proceedings under Part VIII of the Consent Agreement in the above
referenced case. Based on PHMSA’s review of the documentation provided, it has been
determined that Enterprise has complied with the terms of the Consent Agreement.
Accordingly, this case is now closed, and no further action is contemplated with respect to the
matters involved in this case. Thank you for your cooperation in this matter.
Sincerely,
Bryan Lethcoe
Director, Southwest Region, Office of Pipeline Safety
Pipeline and Hazardous Materials Safety Administration
Cc: Jeff Morton, Senior Director, Transportation Compliance, Enterprise Products Operating,
LLC, jmorton@eprod.com
Suzie Davis, Pipeline Compliance Manger, Enterprise Products Operating, LLC,
smdavis@eprod.com
Ryan Tschannen, Pipeline Compliance Engineer, Enterprise Products Operating, LLC,
rtschannen@eprod.com
- **truncated:** false
- **body characters:** 22438