{"operation":"document","citation":"CPF 42022063NOA","title":"ENTERPRISE PRODUCTS OPERATING LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-12-14","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3), 195.440(g).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022063noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022063noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022063noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42022063NOA","body":"Notice of Amendment involving ENTERPRISE PRODUCTS OPERATING LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.440(g). The case was opened on 2022-12-14 and is reported as closed as of 2023-05-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42022063NOA_Closure Letter_05182023_(22-234365).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022063NOA/42022063NOA_Closure%20Letter_05182023_(22-234365).pdf\n\n42022063NOA_Closure Letter_05182023_(22-234365)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022063NOA/42022063NOA_Closure%20Letter_05182023_(22-234365)_text.pdf\n\n42022063NOA_Notice of Amendment_12142022_(22-234365).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022063NOA/42022063NOA_Notice%20of%20Amendment_12142022_(22-234365).pdf\n\n42022063NOA_Notice of Amendment_12142022_(22-234365)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022063NOA/42022063NOA_Notice%20of%20Amendment_12142022_(22-234365)_text.pdf\n\n42022063NOA_Operator Response to Notice_03142023_(22-234365).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022063NOA/42022063NOA_Operator%20Response%20to%20Notice_03142023_(22-234365).pdf\n\n42022063NOA_Notice of Amendment_12142022_(22-234365)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL\nDecember 14, 2022\nGraham Bacon\nExecutive Vice President and Chief Operating Officer\nEnterprise Products Operating, LLC\n1100 Louisiana Street\nHouston Texas 77002\nCPF 4-2022-063-NOA\nDear Mr. Bacon:\nFrom February 7 through May 13, 2022, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the\noperations and maintenance procedures for the Enterprise MAPCO SW Pipeline System\n(Enterprise) in New Mexico, Texas, Oklahoma, and Kansas.\nBased on the inspection, PHMSA has identified the apparent inadequacy found within Enterprise’s\nprocedures, 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§ 195.440 Public awareness.\n(a) . . . .\n(g) The program must be conducted in English and in other\nlanguages commonly understood by a significant number and\nconcentration of the non-English speaking population in the operator's\narea.\n\n\n\nEnterprise’s written continuing public education program procedures were inadequate to assure\nsafe operation of a pipeline facility in accordance with § 195.402(c)(3). Specifically, Enterprise’s\nwritten continuing public education program is inadequate because it does not conduct the program\nin English and other languages commonly understood by a significant number and concentration\nof the non-English speaking population in the operator’s areas for all stakeholders as required by\n§ 195.440(g).\nEnterprise’s Operations and Maintenance Procedure S4000 Public Awareness Program (Revision\nNo. 19, Revision Date 12/17/2019) section 2.23 states that public awareness brochures are\nprovided in English and Spanish to the “Affected Public” and “Excavator” audiences. However,\nthose brochures are only provided in English to the “Emergency Official” and\n“Local Public Officials.”\nEnterprise’s Public Awareness Program must be amended so that all public awareness brochures\nand information are provided in English and other languages commonly understood by a\nsignificant number and concentration of the non-English speaking population to all stakeholders,\nincluding schools, emergency response officials, public officials, and one-call centers. Enterprise\nmust conduct its public awareness program in the languages identified as applicable in its\ndemographic analysis.\nTherefore, Enterprise’s written continuing public education program procedures were inadequate\nto assure safe operation of a pipeline facility in accordance with § 195.402(c)(3). Enterprise must\nrevise its procedures to address the requirements in § 195.440(g).\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\nProceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. § 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 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 60 days of\n\n\n\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 maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Bryan Lethcoe, Director, Southwest Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 4-2022-063-NOA and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n\n42022063NOA_Closure Letter_05182023_(22-234365)_text.pdf\n\nVIA ELECTRONIC MAIL\nMay 18, 2023\nGraham Bacon\nExecutive Vice President and Chief Operating Officer\nEnterprise Products Operating, LLC\n1100 Louisiana Street\nHouston Texas 77002\nCPF 4-2022-063-NOA\nDear Mr. Bacon:\nFrom February 7 through May 13, 2022, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code, inspected the\noperations and maintenance procedures for the Enterprise MAPCO SW Pipeline System\n(Enterprise). As a result of the inspection, Enterprise was issued a Notice of Amendment (Notice)\non December 14, 2022, which proposed amendment of its procedures.\nEnterprise requested a time extension to respond to the Notice on January 9, 2023. The request\nwas for an additional 60 days to respond to the Notice. PHMSA granted the time extension request\non January 13, 2023, with an updated response date of March 14, 2023.\nEnterprise responded to the Notice on March, 14, 2023 and submitted its amended procedures on\nApril 10, 2023. PHMSA reviewed the amended procedures, and it appears that the inadequacies\noutlined in this Notice 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\ncc: Suzie Davis, Senior Manager, Compliance, smdavis@eprod.com","truncated":false,"body_characters":8380}