{"operation":"document","citation":"CPF 42022002NOA","title":"ENTERPRISE CRUDE PIPELINE LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-08-31","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3), 195.414(a), 195.414(b), 195.414(c), 195.414(d), 195.452(f)(6).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022002noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022002noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022002noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42022002NOA","body":"Notice of Amendment involving ENTERPRISE CRUDE PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.414(a),  195.414(b),  195.414(c),  195.414(d),  195.452(f)(6). The case was opened on 2022-08-31 and is reported as closed as of 2022-11-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42022002NOA_Closure Letter_11182022_(21-209759).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022002NOA/42022002NOA_Closure%20Letter_11182022_(21-209759).pdf\n\n42022002NOA_Closure Letter_11182022_(21-209759)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022002NOA/42022002NOA_Closure%20Letter_11182022_(21-209759)_text.pdf\n\n42022002NOA_Notice of Amendment_08312022_(21-209759).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022002NOA/42022002NOA_Notice%20of%20Amendment_08312022_(21-209759).pdf\n\n42022002NOA_Notice of Amendment_08312022_(21-209759)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022002NOA/42022002NOA_Notice%20of%20Amendment_08312022_(21-209759)_text.pdf\n\n42022002NOA_Operator Response to Notice_09232022_(21-209759).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022002NOA/42022002NOA_Operator%20Response%20to%20Notice_09232022_(21-209759).pdf\n\n42022002NOA_Closure Letter_11182022_(21-209759)_text.pdf\n\nVIA ELECTRONIC MAIL\nNovember 18, 2022\nJeff Morton\nDirector, Transportation Compliance\nEnterprise Crude Pipeline LLC\n1100 Louisiana Street\nHouston, Texas 77002\nCPF 4-2022-002-NOA\nDear Mr. Morton:\nFrom May 3, 2021, through September 30, 2021, 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 Crude Pipeline LLC’s (Enterprise) Seaway 30-inch Crude System,\nHouston Crude System, and Midland Crude System in Oklahoma and Texas. As a result of the\ninspection, PHMSA issued a Notice of Amendment to Enterprise Crude Pipeline LLC on August\n31, 2022, which proposed amendments to its procedures.\nEnterprise Crude Pipeline LLC submitted its final amended procedures on September 23, 2022.\nPHMSA staff reviewed the amended procedures, and it appears the inadequacies identified in this\nNotice of Amendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n\n42022002NOA_Notice of Amendment_08312022_(21-209759)_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 31, 2022\nJeff Morton\nDirector, Transportation Compliance\nEnterprise Crude Pipeline LLC\n1100 Louisiana Street\nHouston, Texas 77002\nCPF 4-2022-002-NOA\nDear Mr. Morton:\nFrom May 3, 2021 through September 30, 2021, 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 Crude Pipeline LLC’s (Enterprise) Seaway 30-inch Crude System,\nHouston Crude System, and Midland Crude System in Oklahoma and Texas.\nOn the basis of the inspection, PHMSA has identified inadequacies found within Enterprise’s plans\nor procedures, as described below:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following\nto provide safety during maintenance and normal operations:\n(1) . . . .\n(3) Operating, maintaining, and repairing the pipeline system in\naccordance with each of the requirements of this subpart and subpart\nH of this part.\n§ 195.414 Inspections of pipelines in areas affected by extreme weather and natural\ndisasters.\n(a) General. Following an extreme weather event or natural disaster\nthat has the likelihood of damage to infrastructure by the scouring or\nmovement of the soil surrounding the pipeline, such as a named\ntropical storm or hurricane; a flood that exceeds the river, shoreline,\nor creek high-water banks in the area of the pipeline; a landslide in the\narea of the pipeline; or an earthquake in the area of the pipeline,\nan operator must inspect all potentially affected pipeline facilities to\ndetect conditions that could adversely affect the safe operation of that\n\n\n\npipeline.\n(b) Inspection method. An operator must consider the nature of the\nevent and the physical characteristics, operating conditions, location,\nand prior history of the affected pipeline in determining the\nappropriate method for performing the initial inspection to determine\nthe extent of any damage and the need for the additional assessments\nrequired under paragraph (a) of this section.\n(c) Time period. The inspection required under paragraph (a) of\nthis section must commence within 72 hours after the cessation of the\nevent, defined as the point in time when the affected area can be safely\naccessed by the personnel and equipment required to perform the\ninspection as determined under paragraph (b) of this section. In the\nevent that the operator is unable to commence the inspection due to the\nunavailability of personnel or equipment, the operator must notify the\nappropriate PHMSA Region Director as soon as practicable.\n(d) Remedial action. An operator must take prompt and\nappropriate remedial action to ensure the safe operation of a pipeline\nbased on the information obtained as a result of performing the\ninspection required under paragraph (a) of this section. Such actions\nmight include, but are not limited to:\n(1) Reducing the operating pressure or shutting down the pipeline;\n(2) Modifying, repairing, or replacing any damaged pipeline\nfacilities;\n(3) Preventing, mitigating, or eliminating any unsafe conditions in\nthe pipeline right-of-way;\n(4) Performing additional patrols, surveys, tests, or inspections;\n(5) Implementing emergency response activities with Federal, State,\nor local personnel; and\n(6) Notifying affected communities of the steps that can be taken to\nensure public safety\nEnterprise’s written procedures for conducting operations, maintenance, and emergency\npreparedness and response activities were inadequate to ensure safe operation of a pipeline facility\nin accordance with § 195.402(c)(3). Specifically, Enterprise failed to include procedures for\ninspection of its pipelines in areas affected by extreme weather and natural disasters in accordance\nwith § 195.414.\nAt the time of the inspection, Enterprise provided a draft copy of procedures to address § 195.414;\nhowever, these procedures had not been implemented into any program or manual. Following the\ninspection, on November 23, 2021, Enterprise provided the Table of Contents of Enterprise\nProducts’ Hurricane Plan 2021 (effective Date 6/1/2021, Rev. 12) for its South Texas Terminals,\nand Section 5.7 Natural Disasters of its 2021 Emergency Response Plan in response to PHMSA’s\nPost Inspection Findings. The records provided do not include the required provisions of §\n195.414.\n\n\n\nTherefore, Enterprise’s written procedures for conducting operations, maintenance, and\nemergency preparedness and response activities were inadequate to ensure safe operation of a\npipeline facility in accordance with § 195.402(c)(3). Enterprise must revise its procedures to\naddress this requirement.\n2. § 195.452 Pipeline integrity management in high consequence areas.\n(a) . . . .\n(f) What are the elements of an integrity management program? An\nintegrity management program begins with the initial framework. An\noperator must continually change the program to reflect operating\nexperience, conclusions drawn from results of the integrity\nassessments, and other maintenance and surveillance data, and\nevaluation of consequences of a failure on the high consequence area.\nAn operator must include, at minimum, each of the following elements\nin its written integrity management program:\n(1) . . . .\n(6) Identification of preventive and mitigative measures to protect\nthe high consequence area (see paragraph (i) of this section);\nEnterprise’s written procedures for integrity management were inadequate to ensure safe operation\nof a pipeline facility in accordance with § 195.452(f)(6). Specifically, Enterprise’s written\nintegrity management procedures failed to include a timeframe for implementation of preventive\nand mitigative (P&M) measures to protect high consequence areas. Due to the inadequate\nprocedures, Enterprise failed to implement several identified P&M measures. In two instances,\nfive or more years passed before Enterprise approved the plan to address identified P&M\nmeasures.1 Those P&M measures, identified in 2014 and 2015, have not been implemented.\nSection 6-01.2.2.7.4 of the Information Analysis Facilities Procedure (IM Procedure 6-01F, Rev.\nDate 5/14/20214, Rev. 09) states that “all preventive and mitigative recommendations requiring\naction shall be prioritized, addressed, and administered under the Company capital project or\nexpense project process.” However, this procedure failed to include a timeframe for\nimplementation of identified P&M measures. Enterprise must amend its procedures to address\nthis deficiency to ensure identified P&M measures are timely implemented.\nTherefore, Enterprise’s written procedures for integrity management were inadequate to ensure\nsafe operation of a pipeline facility in accordance with § 195.452(f)(6). Enterprise must revise its\nprocedures to address this requirement.\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\n1 See Exh. A-5, Post Inspection Written Preliminary Findings, at 3-5 (Nov. 10, 2021); Exh. B-1, Midland Tank Farm\nIMP Record, at 2.1.8 & 2.2.3 (Aug. 18, 2021); Exh. B-3, Cushing West Tank Farm IMP Records, at 2.1.4, 2.1.8,\n2.2.3 (Aug. 18, 2021).\n\n\n\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\na second 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 Enterprise Crude Pipeline 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 the Director, Southwest Region,\nPipeline and Hazardous Materials Safety Administration. In correspondence concerning this\nmatter, please refer to CPF 4-2022-002-NOA and, for each document you submit, please provide\na copy in electronic format whenever possible.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings","truncated":false,"body_characters":12330}