{"operation":"document","citation":"CPF 42022019WL","title":"ENTERPRISE PRODUCTS OPERATING LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-01-11","effective_on":null,"summary":"CLOSED warning letter citing 195.432(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022019wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022019wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022019wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42022019WL","body":"Warning Letter involving ENTERPRISE PRODUCTS OPERATING LLC. PHMSA's enforcement data identifies the cited regulation as 195.432(b). The case was opened on 2022-01-11 and is reported as closed as of 2022-01-11. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42022019WL_Warning Letter_01112022_(20-198731).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022019WL/42022019WL_Warning%20Letter_01112022_(20-198731).pdf\n\n42022019WL_Warning Letter_01112022_(20-198731)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022019WL/42022019WL_Warning%20Letter_01112022_(20-198731)_text.pdf\n\n42022019WL_Warning Letter_01112022_(20-198731)_text.pdf\n\nWARNING LETTER\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nJanuary 11, 2022\nGraham Bacon\nExecutive Vice President, Chief Operating Officer\nEnterprise Products Operating LLC\n1100 Louisiana Street\nHouston, Texas 77002\nCPF 4-2022-019-WL\nDear Mr. Bacon:\nOn April 27, 2021, a representative of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected Enterprise\nProducts Operating, LLC’s (Enterprise) Tank Facility in Seymour, Indiana.\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\nthe probable violation is:\n1. § 195.432 Inspection of in-service breakout tanks.\n(a)…\n(b) Each operator must inspect the physical integrity of in-service atmospheric and\nlow-pressure steel above-ground breakout tanks according to API Std 653 (except\nsection 6.4.3, Alternative Internal Inspection Interval) (incorporated by reference, see\n§ 195.3). However, if structural conditions prevent access to the tank bottom, its\nintegrity may be assessed according to a plan included in the operations and\nmaintenance manual under § 195.402(c)(3). The risk-based internal inspection\nprocedures in API Std 653, section 6.4.3 cannot be used to determine the internal\ninspection interval.\nEnterprise failed to properly conduct routine inspections of the physical integrity of in-service\natmospheric and low-pressure steel above-ground breakout tanks in accordance with API 653\nsection 6.3.1. During the field inspection in Seymour, Indiana, PHMSA observed four (4)\nholes under the base of Tank 3006, created by local burrowing wildlife. Enterprise’s routine\nin-service tank inspection records did not note these holes, nor could it provide a repair plan\nor records. Following the inspection, Enterprise provided records documenting repairs were\ncompleted on Tank 3006.\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$225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a related\nseries of violations. For violation occurring on or after January 11, 2021 and before May 3, 2021,\nthe maximum penalty may not exceed $222,504 per violation per day the violation persists, up to\na maximum of $2,225,034 for a related series of violations. For violation occurring on or after July\n31, 2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations. For violation occurring on or after November 27, 2018 and before July 31, 2019, the\nmaximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to\nexceed $2,132,679. For violation occurring on or after November 2, 2015 and before November\n27, 2018, 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.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2022-019-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: Suzie Davis, Manager, Pipeline Compliance, Enterprise Products Operating LLC,\nsmdavis@eprod.com","truncated":false,"body_characters":4833}