{"operation":"document","citation":"CPF 42024024NOPV","title":"ENTERPRISE PRODUCTS OPERATING LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-05-02","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a), 195.436, 195.54(b), 195.583(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024024nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024024nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024024nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42024024NOPV","body":"Notice of Probable Violation involving ENTERPRISE PRODUCTS OPERATING LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.436,  195.54(b),  195.583(b). The case was opened on 2024-05-02 and is reported as closed as of 2026-02-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42024024NOPV_Closure Letter_02252026_(23-264209).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024024NOPV/42024024NOPV_Closure%20Letter_02252026_(23-264209).pdf\n\n42024024NOPV_Closure Letter_02252026_(23-264209)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024024NOPV/42024024NOPV_Closure%20Letter_02252026_(23-264209)_text.pdf\n\n42024024NOPV_Final Order_09262025_(23-264209).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024024NOPV/42024024NOPV_Final%20Order_09262025_(23-264209).pdf\n\n42024024NOPV_Final Order_09262025_(23-264209)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024024NOPV/42024024NOPV_Final%20Order_09262025_(23-264209)_text.pdf\n\n42024024NOPV_Operator Response to Notice_07172024_(23-264209).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024024NOPV/42024024NOPV_Operator%20Response%20to%20Notice_07172024_(23-264209).pdf\n\n42024024NOPV_PCO_05022024_(23-264209).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024024NOPV/42024024NOPV_PCO_05022024_(23-264209).pdf\n\n42024024NOPV_PCO_05022024_(23-264209)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024024NOPV/42024024NOPV_PCO_05022024_(23-264209)_text.pdf\n\n42024024NOPV_Closure Letter_02252026_(23-264209)_text.pdf\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration 8701 S. Gessner, Suite 630\nHouston TX 77074\nVIA ELECTRONIC MAIL TO: gbacon@eprod.com\nFebruary 25, 2026\nGraham Bacon\nExecutive Vice President, Chief Operating Officer\nEnterprise Products Operating, LLC\n1100 Louisiana Street\nHouston, Texas 77002\nCPF 4-2024-024-NOPV\nDear Mr. Bacon:\nFrom February 27, 2023, to October 23, 2023, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.) inspected Enterprise Products Operating LLC’s TEPPCO\nNorth Pipeline System (Enterprise) procedures, records, and pipeline facilities in Ohio, West\nVirginia, Pennsylvania, and New York.\nAs a result of the inspection, PHMSA Southwest Region issued to Enterprise a Notice of Probable\nViolation, and Proposed Compliance Order (Notice) on May 2, 2024. On May 15, 2024, Enterprise\nrequested an extension of time to respond to the Notice. On May 30, 2024, PHMSA granted the\nrequest and extended the response due date to July 31, 2024. On July 17, 2024, Enterprise\nresponded to the Notice (Response). On September 26, 2025, PHMSA issued the Final Order\n(Order) rescinding the two Warning Items (Items 1 and 3) based on additional information\nprovided in the Response and the corrective actions taken to address the two Items. The Order\nincluded the findings of violation and Proposed Compliance Order for Items 2 and 4 of the Notice.\nOn November 19, 2025, Enterprise requested an extension of time to complete the actions required\nby the Order. On November 20, 2025, Southwest Region granted an extension of time to complete\nthe actions required by the Order to January 30, 2026. On January 29, 2026, Enterprise submitted\nadditional information demonstrating its compliance with the terms of the Order.\nBased on our review of the documentation you provided, it has been determined that you have\ncomplied with the terms of this Order. Accordingly, this case is now closed and no further action\nis contemplated with respect to the matters involved in this case. Thank you for your cooperation\nin this matter.\n\n\n\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Suzie Davis, Senior Manager, Compliance, Enterprise Products Operating, LLC,\nsmdavis@eprod.com\n\n42024024NOPV_Final Order_09262025_(23-264209)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSeptember 26, 2025\nVIA ELECTRONIC MAIL TO: gbacon@eprod.com\nMr. Graham Bacon\nExecutive Vice President and Chief Operating Officer\nEnterprise Products Operating, LLC\n1100 Louisiana Street\nHouston, Texas 77002\nRe: CPF No. 4-2024-024-NOPV\nDear Mr. Bacon:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and specifies actions that need to be taken by Enterprise Products Operating, LLC, to\ncomply with the pipeline safety regulations. When the terms of the compliance order have been\ncompleted, as determined by the Director, Southwest Region, this enforcement action will be\nclosed. Service of the Final Order by e-mail is effective upon the date of transmission and\nacknowledgement of receipt as provided under 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nActing Associate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Bryan Lethcoe, Director, Southwest Region, Office of Pipeline Safety, PHMSA\nMr. Jeff Morton, Senior Director, Transportation Compliance, Enterprise\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nEnterprise Products Operating, LLC, ) CPF No. 4-2024-024-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom February 27, 2023, through October 23, 2023, pursuant to 49 U.S.C. § 60117,\nrepresentatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office\nof Pipeline Safety (OPS), and the New York State Department of Public Service (NYSDPS)\nconducted an on-site pipeline safety inspection of the facilities, procedures, and records of\nEnterprise Products Operating, LLC’s (Enterprise or Respondent) TEPPCO North Pipeline\nSystem located in Ohio, West Virginia, Pennsylvania, and New York.\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated May 2, 2024, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 CFR § 190.207, the Notice proposed finding\nthat Enterprise had committed two violations of 49 CFR Part 195 and proposed ordering\nRespondent to take certain measures to correct the alleged violations. The Notice also included\nan additional two warning items pursuant to 49 CFR § 190.205, which warned Respondent to\ncorrect the probable violations or face possible future enforcement action.\nEnterprise responded to the Notice by letter dated July 17, 2024 (Response).\n1 Enterprise did not\ncontest the two alleged violations and provided information concerning corrective actions being\ntaken. Enterprise contested the two warning items and offered additional information in\nresponse to the Notice. Respondent did not request a hearing and therefore has waived its right\nto one.\nFINDINGS OF VIOLATION\n1 Enterprise requested an extension to respond via letter dated May 15, 2024. On May 30, 2024, Southwest Region\ngranted this request, extending the time to respond to July 31, 2024. In addition, effective May 29, 2025, PHMSA\nrevised its case file policy and informed Enterprise via letter dated July 16, 2025. Enterprise acknowledged receipt\nof that letter on July 18, 2025.\n\n\n\n2\nThe Notice alleged that Respondent violated 49 CFR Part 195, as follows:\nItem 2: The Notice alleged that Respondent violated 49 CFR § 195.436, which states:\n§ 195.436 Security of facilities.\nEach operator shall provide protection for each pumping station and\nbreakout tank area and other exposed facility (such as scraper traps) from\nvandalism and unauthorized entry.\nThe Notice alleged that Respondent violated 49 CFR § 195.436 by failing to provide protection\nfor each pumping station, breakout tank area, and other exposed facility from vandalism and\nunauthorized entry. Specifically, the Notice alleged that during inspection, PHMSA and\nNYSDPS inspectors observed that two crash gates at the Watkins Glen Terminal and Watkins\nGlen Pump Station did not prevent unauthorized entry. Rather, any person could gain access by\nreaching through gaps in the gates and pressing open the gate latch.\nIn its Response, Enterprise did not contest the violation, but stated it had added an additional\nguard to the gate mechanism and had begun an inspection of all its crash gates through the\nTEPPCO system as proposed in the Notice.\nAccordingly, after considering all the evidence, I find that Respondent violated 49 CFR\n§ 195.436 by failing to provide protection for the Watkins Glen Terminal and Watkins Glen\nPump Station from vandalism and unauthorized entry.\nItem 4: The Notice alleged that Respondent violated 49 CFR § 195.583(b), which states:\n§ 195.583 What must I do to monitor atmospheric corrosion control?\n(a) …\n(b) During inspections you must give particular attention to pipe at soil-\nto-air interfaces, under thermal insulation, under disbonded coatings, at pipe\nsupports, in splash zones, at deck penetrations, and in spans over water.\nThe Notice alleged that Respondent violated 49 CFR § 195.583(b) by failing to give particular\nattention to pipe under thermal insulation during atmospheric corrosion control inspections.\nSpecifically, the Notice alleged that Enterprise failed to provide any records of atmospheric\ncorrosion control inspections for the pipe under thermal insulation at the Sinking Springs Station.\nEnterprise did not contest the violation and stated it had corrected the inspection at Sinking\nSprings Station, attaching documentation in support to its Response. Enterprise further stated it\nwas in the process of completing all insulation surveys and identify all jurisdictional pipelines\nwith thermal insulation for the entire TEPPCO pipeline station as proposed in the Notice.\nAccordingly, after considering all the evidence, I find that Respondent violated 49 CFR\n§ 195.583(b) by failing to give particular attention to pipe under thermal insulation during\natmospheric corrosion control inspections at Sinking Springs Station.\n\n\n\n3\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 2 and 4 in the Notice for\nviolations of 49 CFR §§ 195.436 and 195.583(b), respectively. Under 49 U.S.C. § 60118(a),\neach person who engages in the transportation of hazardous liquids or who owns or operates a\npipeline facility is required to comply with the applicable safety standards established under\nchapter 601.\nWith regard to the violation of section 195.436 (Item 2), Respondent stated in its Response that it\nhad corrected the safety issue of the crash gates at the Watkins Glen Terminal and Watkins Glen\nPump Station and placed an additional guard at the gate mechanism to prevent unauthorized\nentry. This documentation is currently under review by the Director. Respondent also stated it\nhad begun inspecting all crash gates throughout the TEPPCO system and is making\nmodifications to provide adequate protection from vandalism and unauthorized entry.\nWith regard to the violation of section 195.583(b) (Item 4), Respondent stated it has corrected\nthe inspection at the Sinking Springs Station and attached documentation in support of this claim\nto the Response. Enterprise also stated that it is working to complete the insulation surveys and\nidentify all jurisdictional piping with thermal insulation for the entire TEPPCO pipeline.\nHowever, the proposed compliance terms in the Notice included a requirement for Enterprise to\ncomplete an insulation survey and to identify all jurisdictional piping with thermal insulation.\nBased on the Response and after reviewing Attachment 6, I find no reason to modify the\nproposed compliance terms for this Item.\nFor the above reasons, the Compliance Order is as set forth below.\nPursuant to the authority of 49 U.S.C. § 60118(b) and 49 CFR § 190.217, Respondent is ordered\nto take the following actions to ensure compliance with the pipeline safety regulations applicable\nto its operations:\n1. With respect to the violation of section 195.436 (Item 2), Respondent must\nmodify the identified gates to provide adequate protection from vandalism and\nunauthorized entry. In addition, Enterprise must conduct an inspection of all crash\ngates throughout the TEPPCO system and make modifications to provide adequate\nprotection from vandalism and unauthorized entry. Enterprise must provide\ndocumentation of the inspections and photos of any repairs to the Director within 60\ndays of receipt of the Final Order.\n2. With respect to the violation of section 195.583(b) (Item 4), Respondent must\ncomplete an insulation survey and identify all jurisdictional pipelines with thermal\ninsulation for the entire TEPPCO pipeline system. If access plug flanges (APFs) are\n\n\n\n4\ninstalled, Enterprise must provide pictures of the APFs and the last two cycles of\natmospheric corrosion inspections that detail the condition of the pipe underneath the\nthermal insulation. If APFs are not installed, Enterprise must provide the last two\ncycles of atmospheric corrosion inspections and pictures showing that the pipeline\ncan be inspected without APFs. If the insulated pipe cannot be adequately inspected,\nEnterprise must modify the insulation by installing APFs or provide another method\nto inspect the insulated pipe. After making any corrections to the insulated piping,\nEnterprise must conduct atmospheric corrosion inspections of all insulated piping in\nthe TEPPCO system, provide those inspection records, and any pictures of the\ninsulated pipe inspection, along with the insulation survey to the Director within 180\ndays of receipt of the Final Order.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nPHMSA requests that Respondent maintain documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to the Director. It is\nrequested that these costs be reported in two categories: (1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses; and (2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nexceeding $200,000, as adjusted for inflation (see 49 CFR § 190.223 for adjusted amounts), for\neach violation for each day the violation continues or in referral to the Attorney General for\nappropriate relief in a district court of the United States.\nWARNING ITEMS\nWith respect to Items 1 and 3, the Notice alleged probable violations of Part 195, but identified\nthem as warning items pursuant to section 190.205. The warnings were for:\n49 CFR § 195.54(b) (Item 1) ─ Respondent’s alleged failure to provide a\nsupplemental report within 30 days of receiving any changes in information\nreported or additions to the original report on DOT Form 7000-1; and\n49 CFR § 195.402(a) (Item 3) ─ Respondent’s alleged failure to follow its\nmanual of written procedures, which required physical inspection of remotely\nmonitored rectifiers once each calendar year with intervals not to exceed 15\nmonths.\nIn its Response, Enterprise disagreed with Item 1 and explained the final accident report was\nsubmitted January 12, 2022, within 30 days of December 14, 2021, the date Enterprise closed its\ninvestigation as recorded on the Preliminary Incident Report. Under section 190.205, PHMSA\n\n\n\n5\ndoes not adjudicate warning items to determine whether or not a probable violation occurred. As\na matter of enforcement discretion, however, this warning is rescinded.\nIn addition, Enterprise contested Item 3. Enterprise explained that the procedure requiring in-\nperson inspection was created on August 3, 2022 and the three rectifiers in question were\ninspected in-person within a year of the procedure’s adoption. As noted, PHMSA does not\nadjudicate this warning item to determine whether or not a probable violation occurred. As a\nmatter of enforcement discretion, however, this warning is rescinded.\nUnder 49 CFR § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address. The written petition must be received no later than\n20 days after receipt of the Final Order by Respondent. Any petition submitted must contain a\nstatement of the issue(s) and meet all other requirements of 49 CFR § 190.243. The terms of the\norder, including corrective action, remain in effect unless the Associate Administrator, upon\nrequest, grants a stay. The terms and conditions of this Final Order are effective upon service in\naccordance with 49 CFR § 190.5.\n___________________________________ __________________________\nLinda Daugherty Date Issued\nActing Associate Administrator\nfor Pipeline Safety\n\n\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n8701 S. Gessner, Suite 630\nHouston TX 77074\nNOTICE OF PROBABLE VIOLATION\nand\nPROPOSED COMPLIANCE ORDER\nVIA ELECTRONIC MAIL TO: gbacon@eprod.com\nMay 2, 2024\nGraham Bacon\nExecutive Vice President and Chief Operating Officer\nEnterprise Products Operating, LLC\n1100 Louisiana Street\nHouston, Texas 77002\nCPF 4-2024-024-NOPV\nDear Mr. Bacon:\nFrom February 27, 2023 to October 23, 2023, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.) inspected Enterprise Products Operating LLC’s TEPPCO\nNorth Pipeline System (Enterprise) procedures, records, and pipeline facilities in Ohio, West\nVirginia, Pennsylvania, and New York.\nAs a result of 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. § 195.54 Accident reports.\n(a) . . . .\n(b) Whenever an operator receives any changes in the information\nreported or additions to the original report on DOT Form 7000–1, it\nshall file a supplemental report within 30 days.\nEnterprise failed to provide a supplemental report within 30 days of receiving any changes in the\ninformation reported or additions to the original report in accordance with § 195.54(b).\n\n\n\nDuring the inspection, PHMSA reviewed Accident Report No. 20210289-36234 dated January 13,\n2022. The original report was submitted on October 8, 2021. Enterprise performed its\ninvestigation of the accident and generated a Team Incident Investigation Report, dated December\n8, 2021. Enterprise did not provide any additional documents regarding the accident. The time\nbetween the Team Incident Investigation Report and the date the supplemental report was filed\nexceeded the 30-day requirement in that Enterprise did not file the supplemental report until\nJanuary 12, 2022. Based on this timeline of events, Enterprise failed to meet the requirements of\n§192.54(b) as the supplemental final report was submitted 36 days after receiving new information.\nThis is a repeat offense of Item 1 in CPF 3-2019-5019.\n2. § 195.436 Security of facilities.\nEach operator shall provide protection for each pumping station\nand breakout tank area and other exposed facility (such as scraper\ntraps) from vandalism and unauthorized entry.\nEnterprise failed to provide adequate protection for each pumping station and other exposed\nfacilities from vandalism and unauthorized entry in accordance with § 195.436.\nPHMSA and NY Department of Public Service (NYDPS) inspectors observed two crash gates that\ncould be opened from the outside by reaching into the gate through a gap and pressing on the bar\nthat opens the gate latch at the Watkins Glen Terminal and the Watkins Glen Pump Station. The\ndesign of the gates allowed for unauthorized entry into the Watkins Glen Terminal and Station.\nTherefore, Enterprise failed to provide adequate protection for each pumping station and other\nexposed facilities from vandalism and unauthorized entry in accordance with § 195.436.\n3. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline system a manual of written procedures for conducting normal\noperations and maintenance activities and handling abnormal\noperations and emergencies. This manual shall be reviewed at intervals\nnot exceeding 15 months, but at least once each calendar year, and\nappropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a\npipeline system commence, and appropriate parts shall be kept at\nlocations where operations and maintenance activities are conducted.\nEnterprise failed to follow for each pipeline system a manual of written procedures for conducting\nnormal operations and maintenance activities and handling abnormal operations and emergencies\nin accordance with § 195.402(a). Specifically, Enterprise failed to follow their procedure to\nelectrically check for proper performance of its rectifiers in accordance with Corrosion Prevention\nProgram Procedure “CP15 - Rectifier Monitoring (Rev. 10, 8/3/22), section 1.2, which states that\n2\n\n\n\n“each remotely monitored rectifier shall be physically inspected for continued safe and reliable\noperation at least once each calendar year but with intervals not exceeding 15 months.”\nWhile reviewing the rectifier inspection records for P40 Greensburg to Watkins Glen for the years\n2022 and 2023, PHMSA and NYDPS inspectors noted three instances where Enterprise failed to\nconduct an in-person inspection of the rectifier within the interval required by Enterprise’s\nprocedure.\nAt St. Clair Rd, MP 36.14, Enterprise failed to perform an in-person inspection during the 2022\ncalendar year. And, at Rochester Mills Station, P-40, MP 48.46 and MP 48.4610, Enterprise failed\nto perform an in-person inspection during the 2022 calendar year.\nTherefore, Enterprise failed to follow its procedure to physically inspect each remotely monitored\nrectifier for continued safe and reliable operation at least once each calendar year but with intervals\nnot exceeding 15 months.\n4. § 195.583 What must I do to monitor atmospheric corrosion control?\n(a) . . . .\n(b) During inspections you must give particular attention to pipe at\nsoil-to-air interfaces, under thermal insulation, under disbonded\ncoatings, at pipe supports, in splash zones, at deck penetrations, and in\nspans over water.\nEnterprise failed to give particular attention to pipe under thermal insulation during atmospheric\ncorrosion inspections in accordance with § 195.583(b) and its atmospheric corrosion inspection\nprocedures. Specifically, Enterprise failed to inspect pipe under thermal insulation at the Sinking\nSprings Station.\nEnterprise’s atmospheric corrosion inspection procedure, Atmospheric Corrosion Inspection\nProcedure CPP-PCL-01 (Rev. 6, 5/9/2022), section 3.3.3.2, states that “particular attention must\nbe given to the following locations,” leading to a separate procedure for insulated piping. That\nprocedure, Corrosion Under Thermal Insulation Inspection Procedure CPP-PCL-02 (Rev. 2,\n11/29/17),” section 3.1, states that “it will be necessary to remove small sections of the overlying\ninsulation to facilitate the inspection.” However, Enterprise failed to provide atmospheric\ncorrosion control inspection records for the pipe under thermal insulation at the Sinking Springs\nStation.\nTherefore, Enterprise failed to give particular attention to pipe under thermal insulation during\ninspections in accordance with § 195.583(b) and its atmospheric corrosion inspection procedures.\nDocumentation does not support that Enterprise removed small sections of the insulation to\nperform the atmospheric corrosion inspections in accordance with procedure CPP-PCL-02.\n3\n\n\n\nProposed Civil Penalty\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a related\nseries of violations. For violation occurring on or after January 6, 2023, and before December 28,\n2023, the maximum penalty may not exceed $257,664 per violation per day the violation persists,\nup to a maximum of $2,576,627 for a related series of violations. For violation occurring on or\nafter March 21, 2022, and before January 6, 2023, the maximum penalty may not exceed $239,142\nper violation per day the violation persists, up to a maximum of $2,391,412 for a related series of\nviolations. For violation occurring on or after May 3, 2021, and before March 21, 2022, the\nmaximum penalty may not exceed $225,134 per violation per day the violation persists, up to a\nmaximum of $2,251,334 for a related series of violations. For violation occurring on or after\nJanuary 11, 2021, and before May 3, 2021, the maximum penalty may not exceed $222,504 per\nviolation per day the violation persists, up to a maximum of $2,225,034 for a related series of\nviolations. For violation occurring on or after July 31, 2019, and before January 11, 2021, the\nmaximum penalty may not exceed $218,647 per violation per day the violation persists, up to a\nmaximum of $2,186,465 for a related series of violations. For violation occurring on or after\nNovember 27, 2018, and before July 31, 2019, the maximum penalty may not exceed $213,268\nper violation per day, with a maximum penalty not to exceed $2,132,679.\nWe have reviewed the circumstances and supporting documents involved in this case and have\ndecided not to propose a civil penalty assessment at this time.\nProposed Compliance Order\nWith respect to Items 2 and 4 pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous Materials\nSafety Administration proposes to issue a Compliance Order to Enterprise Products Operating,\nLLC. Please refer to the Proposed Compliance Order, which is enclosed and made a part of this\nNotice.\nWarning Items\nWith respect to Items 1 and 3, we have reviewed the circumstances and supporting documents\ninvolved in this case and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to promptly correct these items. Failure to\ndo so may result in additional enforcement action.\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in\nEnforcement Proceedings. Please refer to this document and note the response options. All\nmaterial you submit in response to this enforcement action may be 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).\n4\n\n\n\nFollowing your receipt of this Notice, you have 30 days to respond as described in the enclosed\nResponse Options. If you do not respond within 30 days of receipt of this Notice, this constitutes\na waiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to\nyou and to issue a Final Order. If you are responding to this Notice, we propose that you submit\nyour correspondence to my office within 30 days from receipt of this Notice. The Region Director\nmay extend the period for responding upon a written request timely submitted demonstrating good\ncause for an extension.\nIn your correspondence on this matter, please refer to CPF 4-2024-024-NOPV and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Enforcement Proceedings\n5\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Enterprise Products Operating, LLC (Enterprise) a\nCompliance Order incorporating the following remedial requirements to ensure the compliance of\nEnterprise with the pipeline safety regulations:\nA. In regard to Item 2 of the Notice pertaining to Enterprise’s failure to provide\nadequate protection for each pumping station and other exposed facility from\nvandalism and unauthorized entry, Enterprise must modify the identified gates to\nprovide adequate protection from vandalism and unauthorized entry. In addition,\nEnterprise must conduct an inspection of all crash gates throughout the TEPPCO\nsystem and make modifications to provide adequate protection from vandalism and\nunauthorized entry. Enterprise must provide documentation of the inspections and\nphotos of any repairs to the Director, Southwest Region, within 60 days of receipt\nof the Final Order.\nB. In regard to Item 4 of the Notice pertaining to Enterprise’s failure to give particular\nattention to pipe under thermal insulation during inspections, Enterprise must\ncomplete an insulation survey and identify all jurisdictional pipelines with thermal\ninsulation for the entire TEPPCO pipeline system. If access plug flanges (APFs)\nare installed, Enterprise must provide pictures of the APFs and the last two cycles\nof atmospheric corrosion inspections that detail the condition of the pipe underneath\nthe thermal insulation. If APFs are not installed, Enterprise must provide the last\ntwo cycles of atmospheric corrosion inspections and pictures showing that the\npipeline can be inspected without APFs. If the insulated pipe cannot be adequately\ninspected, Enterprise must modify the insulation by installing APFs or provide\nanother method to inspect the insulated pipe. After making any corrections to the\ninsulated piping, Enterprise must conduct atmospheric corrosion inspections of all\ninsulated piping in the TEPPCO system, provide those inspection records, and any\npictures of the insulated pipe inspection, along with the insulation survey, to the\nDirector, Southwest Region, PHMSA within 180 days of receipt of the Final Order.\nC. It is requested (not mandated) that Enterprise Products Operating, LLC maintain\ndocumentation of the safety improvement costs associated with fulfilling this\nCompliance Order and submit the total to Bryan Lethcoe, Director, Southwest\nRegion, Pipeline and Hazardous Materials Safety Administration. It is requested\nthat these costs be reported in two categories: 1) total cost associated with\npreparation/revision of plans, procedures, studies, and analyses, and 2) total cost\nassociated with replacements, additions, and other changes to pipeline\ninfrastructure.\n6","truncated":false,"body_characters":31584}