ENMARK ENERGY, INC — Notice of Probable Violation

party submissionOfficial PDF22023011NOPV_Operator Response to Notice_08282023_(21-202560).pdf#

case documentOfficial PDF22023011NOPV_PCO_07282023_(21-202560).pdf#

case documentOfficial PDF22023011NOPV_PCO_07282023_(21-202560)_text.pdf#

22023011NOPV_Closure Letter_06182024_(21-202560)_text.pdf, page 1Official PDFVIA ELECTRONIC MAIL TO: crader@enmarkenergy.com; jtharpe@enmarkenergy.com June 18, 2024 Connell Rader President Enmark Energy, Inc. 104 First Choice Drive Madison, Mississippi 39110 CPF 2-2023-011-NOPV Dear Mr. Rader: On September 19, 2023, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to Enmark Energy, Inc., a Final Order in the above-referenced case. This Order included a Compliance Order. Based on our review of the documentation you provided, it has been determined that you have complied with the terms of this Order. Accordingly, this case is now closed, and no further action is contemplated with respect to the matters involved in this case. Thank you for your cooperation in this matter. Sincerely, James A. Urisko Director, Southern Region Pipeline and Hazardous Materials Safety Administration#

22023011NOPV_Final Order_09192023_(21-202560)_text.pdf, page 1Official PDFSeptember 19, 2023 VIA ELECTRONIC MAIL TO: crader@enmarkenergy.com Connell Rader President Enmark Energy, Inc. 104 First Choice Drive Madison, Mississippi 39110 Re: CPF No. 2-2023-011-NOPV Dear Mr. Rader: Enclosed please find the Final Order issued in the above-referenced case. It makes findings of violation and specifies actions that need to be taken to comply with the pipeline safety regulations. When the terms of the compliance order are completed, as determined by the Director, Southern Region, this enforcement action will be closed. Service of the Final Order by e-mail is effective upon the date of transmission and acknowledgement of receipt as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. James Urisko, Director, Southern Region, Office of Pipeline Safety, PHMSA Mr. Jeff Tharpe, Operations Manager, Enmark Energy, Inc., jtharpe@enmarkenergy.com CONFIRMATION OF RECEIPT REQUESTED#

22023011NOPV_Final Order_09192023_(21-202560)_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) Enmark Energy, Inc., ) CPF No. 2-2023-011-NOPV ) ) ) Respondent. ) ____________________________________) FINAL ORDER On July 28, 2023, pursuant to 49 C.F.R. § 190.207, the Director, Southern Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation and Proposed Compliance Order (Notice) to Enmark Energy, Inc. (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 195. The Notice also proposed certain measures to correct the violations. Respondent did not contest the allegations of violation or corrective measures. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 195.440(b) (Item 1) ─ Respondent failed to assess the unique attributes and characteristics of its pipeline and facilities in its Public Awareness Program; 49 C.F.R. § 195.452(i)(3) (Item 2) ─ Respondent failed to evaluate the capability of its leak detection means; 49 C.F.R. § 195.452(l)(1)(ii) (Item 3) ─ Respondent failed to maintain documents to support the decisions and analyses to implement and evaluate each element of its integrity management program with respect to performing risk assessments; 49 C.F.R. § 195.452(l)(1)(ii) (Item 4) ─ Respondent failed to maintain documents to support the decisions and analyses to implement and evaluate each element of its integrity management program with respect to assessing and evaluating the integrity of its pipeline; and#

22023011NOPV_Final Order_09192023_(21-202560)_text.pdf, page 349 C.F.R. § 195.588(b)(1) (Item 5) ─ Respondent failed to follow the requirements of NACE SP0502-2010 when it performed an external corrosion direct assessment in 2018. These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. Compliance Actions Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the actions proposed in the enclosed Notice to correct the violations. The Director may grant an extension of time to comply with any of the required items upon a written request timely submitted by the Respondent and demonstrating good cause for an extension. Upon completion of the ordered actions, Respondent may request that the Director close the case. Failure to comply with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in referral to the Attorney General for appropriate relief in a district court of the United States. Warning Items With respect to Items 6, 7, 8 and 9, the Notice alleged probable violations of 49 C.F.R. §§ 195.402(a), 195.402(a), 195.452(b)(5), and 195.589(c), respectively, but did not propose a civil penalty or compliance order for these items. Therefore, these are considered to be warning items. If OPS finds a violation of any of these items in a subsequent inspection, Respondent may be subject to future enforcement action. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. September 19, 2023 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#