{"operation":"document","citation":"CPF 220136001M","title":"ENMARK ENERGY, INC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-01-24","effective_on":null,"summary":"CLOSED notice of amendment citing 195.440(a), 195.440(g).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220136001m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220136001m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220136001m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220136001M","body":"Notice of Amendment involving ENMARK ENERGY, INC. PHMSA's enforcement data identifies the cited regulations as 195.440(a),  195.440(g). The case was opened on 2013-01-24 and is reported as closed as of 2013-03-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220136001M_closure letter_03142013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220136001M/220136001M_closure%20letter_03142013.pdf\n\n220136001M_closure letter_03142013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220136001M/220136001M_closure%20letter_03142013_text.pdf\n\n220136001M_notice of amendment_01242013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220136001M/220136001M_notice%20of%20amendment_01242013.pdf\n\n220136001M_notice of amendment_01242013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220136001M/220136001M_notice%20of%20amendment_01242013_text.pdf\n\n220136001M_Operator Response_02132013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220136001M/220136001M_Operator%20Response_02132013.pdf\n\n220136001M_notice of amendment_01242013_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 24, 2013\nMr. Connell R. Rader\nPresident\nEnmark Energy, Inc.\n104 First Choice Drive, Suite A\nMadison, MS 39110\nCPF 2-2013-6001M\nDear Mr. Rader:\nFrom October 16-17, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, Office of Pipeline Safety inspected the Enmark\nEnergy, Inc. (Enmark) written Public Awareness and Damage Prevention Program at your\nMadison, MS office pursuant to Chapter 601 of 49 United States Code.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies within Enmark’s\nwritten Public Awareness and Damage Prevention Program procedures, as described below:\n1. §195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see\n§195.3).\nEnmark’s written Public Awareness and Damage Prevention Program (PADPP) did not\ndemonstrate adequate management support as required by API RP 1162.\nSection 2.5 in API RP 1162 requires that management “demonstrate its support through\n[1] company policy, [2] management participation, and [3] allocation of resources and\nfunding.” Section 4.1 in Enmark’s PADPP indicates that “A formal written letter\nconcerning management’s support can be found in Appendix D.”\nEnmark’s PADPP Appendix D contained an undated letter titled Management Letter of\nCommitment. While the letter was signed by Enmark’s President, it did not contain a\ncompany policy statement concerning public awareness or give any indication that\n\n\n\nmanagement had committed to assuring that resources and funding would be allocated to\nassure the successful implementation of Enmark’s PADPP.\n2. §195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see\n§195.3).\nEnmark’s PADPP did not adequately or consistently identify the rolls and responsibilities\nof personnel responsible for administering and implementing the PADPP as required by\nAPI RP 1162.\nSection 4.2 of the PADPP, titled “Roles and Responsibilities” list rolls and responsibilities\nfor the following individuals:\n• President\n• Vice President\n• Pipeline Manager\n• Pipeline Regulatory Manager\n• CO2 Regulatory Specialist, and\n• Natural Gas Regulatory Specialist\nAppendix A of the PADPP, titled “Program Administration” lists rolls and\nresponsibilities for the following individuals:\n• President, Enmark Energy, Inc.\n• Pipeline Regulatory Manager\n• Natural Gas Pipeline Regulatory Specialist\n• CO2 Pipeline Regulatory Specialist\n• Operations Manager, and\n• Field Personnel\nThat is, the personnel listed in PADPP Section 4.2 and the personnel listed in Appendix A\ndid not match. Moreover, several of the job titles made it difficult to understand who was\nresponsible for the various functions of the PADPP.\nDuring the inspection the Operations Manager stated that he was responsible for the roles\nof the Regulatory Manager, CO2 Regulatory Specialist, Natural Gas Regulatory Specialist\nand Program Administrator. He also indicated the company President was responsible for\nthe function of the Pipeline Manager. That said, job titles and their associated rolls and\nresponsibilities must be clarified so as to be consistent and understandable by company\nand regulatory personnel.\n3. §195.440 Public awareness.\n… (g) The program must be conducted in English and in other languages commonly\nunderstood by a significant number and concentration of the non-English speaking\npopulation in the operator's area.\n2\n\n\n\nSection 5.2 of Enmark’s PADPP indicates that printed brochures and public liaison\nmeetings are delivered in English and other languages as appropriate but the program did\nnot explain how Enmark determined what other languages were or may be appropriate.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 30 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIt is requested (not mandated) that Enmark Energy, Inc. maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision\nof plans, procedures) and submit the total to Wayne T. Lemoi, Director, Southern Region,\nPipeline and Hazardous Materials Safety Administration. In correspondence concerning this\nmatter, please refer to CPF 2-2013-6001M and, for each document you submit, please\nprovide a copy in electronic format whenever possible.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3\n\n220136001M_closure letter_03142013_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 14, 2013\nMr. Connell R. Rader\nPresident\nEnmark Energy, Inc.\n104 First Choice Drive, Suite A\nMadison, MS 39110\nCPF 2-2013-6001M\nDear Mr. Rader:\nFrom October 16-17, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) inspected the Enmark Energy, Inc. (Enmark) written Public\nAwareness and Damage Prevention Program at your Madison, MS office pursuant to Chapter\n601 of 49 United States Code. As a result of the inspection, PHMSA issued a Notice of\nAmendment (NOA) on January 24, 2013.\nThe PHMSA Southern Region received a written response to the NOA dated\nFebruary 13, 2013. We reviewed the response to the NOA and find Enmark’s amended\nprocedures adequate. This letter is to inform you that Enmark has complied with the terms of\nthe NOA and that no further action is necessary with regards to the NOA. This case is now\nclosed.\nPlease be advised that this letter refers only to the NOA (CPF 2-2013-6001M) and not to any\nother PHMSA pending cases. Also be advised that nothing herein states or implies that the\nEnmark Public Awareness and Damage Prevention Program meets the requirements of the\nfederal pipeline safety regulations or that the Public Awareness and Damage Prevention\nProgram is approved. The pipeline system and the Public Awareness and Damage Prevention\nProgram remain subject to inspection by PHMSA.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region","truncated":false,"body_characters":9113}