{"operation":"document","citation":"CPF 22023012NOA","title":"ENMARK ENERGY, INC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-07-28","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3), 195.452(f)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-22023012noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-22023012noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-22023012noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/22023012NOA","body":"Notice of Amendment involving ENMARK ENERGY, INC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.452(f)(4). The case was opened on 2023-07-28 and is reported as closed as of 2023-12-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n22023012NOA_Closure Letter_12182023_(21-202560).pdf: https://primis.phmsa.dot.gov/enforcement-documents/22023012NOA/22023012NOA_Closure%20Letter_12182023_(21-202560).pdf\n\n22023012NOA_Closure Letter_12182023_(21-202560)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/22023012NOA/22023012NOA_Closure%20Letter_12182023_(21-202560)_text.pdf\n\n22023012NOA_Notice of Amendment_07282023_(21-202560).pdf: https://primis.phmsa.dot.gov/enforcement-documents/22023012NOA/22023012NOA_Notice%20of%20Amendment_07282023_(21-202560).pdf\n\n22023012NOA_Notice of Amendment_07282023_(21-202560)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/22023012NOA/22023012NOA_Notice%20of%20Amendment_07282023_(21-202560)_text.pdf\n\n22023012NOA_Operator Response to Notice_08302023_(21-202560).pdf: https://primis.phmsa.dot.gov/enforcement-documents/22023012NOA/22023012NOA_Operator%20Response%20to%20Notice_08302023_(21-202560).pdf\n\n22023012NOA_Closure Letter_12182023_(21-202560)_text.pdf\n\nVIA ELECTRONIC MAIL TO: crader@enmarkenergy.com;\njtharpe@enmarkenergy.com\nDecember 18, 2023\nConnell Rader\nPresident, Enmark Energy, Inc.\n104 First Choice Drive\nMadison, MS 39110\nCPF 2-2023-012-NOA\nDear Mr Rader:\nOn November 1 to November 4, 2021, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of Enmark Energy procedures in Madison, MS.\nAs a result of the inspection, Enmark Energy was issued a Notice of Amendment on July 28,\n2023, which proposed amendment of your procedures.\nEnmark Energy submitted its amended procedures on September 29, 2023. My staff reviewed\nthe amended procedures, and it appears that the inadequacies outlined in this Notice of\nAmendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Please be\nadvised that this letter refers only to the referenced NOA (CPF #2-2023-012-NOA) and not to\nany other PHMSA cases, if any. Thank you for your cooperation.\nSincerely,\nJames A. Urisko\nDirector, Southern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n\n22023012NOA_Notice of Amendment_07282023_(21-202560)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: crader@enmarkenergy.com;\njtharpe@enmarkenergy.com\nJuly 28, 2023\nConnell Rader\nPresident, Enmark Energy, Inc.\n104 First Choice Drive\nMadison, MS 39110\nCPF 2-2023-012-NOA\nDear Mr. Rader:\nFrom November 1 to November 4, 2021, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Enmark Energy (Enmark) procedures for Maintenance, Operations, and Integrity\nManagement in Madison, MS.\nOn the basis of the inspection PHMSA has identified the apparent inadequacies found within\nEnmark’s plans or procedures, 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 paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(1) . . .\n\n\n\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\nEnmark failed to meet the regulation because it did not have in its manual of written\nprocedures that supervisors maintain a thorough knowledge of the corrosion control\nprocedures, as required by §195.555 (Subpart H).\nDuring the inspection, Enmark did not have in its procedural manual for operations,\nmaintenance, and emergencies, or its Operator Qualification Program, a means to require\nand verify that supervisors maintain a thorough knowledge of that portion of the\ncorrosion control procedures established under §195.402(c)(3) for which they are\nresponsible for insuring compliance.\n2. § 195.452(f) What are the elements of an integrity management program?\n(a) . . .\n(f) An integrity management program begins with the initial framework. An\noperator must continually change the program to reflect operating experience,\nconclusions drawn from results of the integrity assessments, and other maintenance\nand surveillance data, and evaluation of consequences of a failure on the high\nconsequence area. An operator must include, at minimum, each of the following\nelements in its written integrity management program:\n(1) . . .\n(4) Criteria for remedial actions to address integrity issues raised by the assessment\nmethods and information analysis (see paragraph (h) of this section);\nEnmark failed to meet the regulation because its written integrity management program\ndid not include all criteria for remedial actions to address integrity issues raised by the\nassessment methods and information analysis as described in 195.452(h). Specifically,\nEnmark did not include in its written integrity management program a process to notify\nPHMSA if they cannot meet the schedule for evaluation and remediation required and\ncannot provide safety through a temporary reduction in operating pressure, or when a\npressure reduction exceeds 365 days.\nEnmark’s Integrity Management Program (IMP), dated December 2021, prescribed\nactions required to carry out its integrity management program. Section 7, titled “Pipeline\nRepair Strategy,” stated “If indicated repair schedule requirements cannot be met,\nEnmark will provide documentation that schedule delays are justified and will not\njeopardize the safety of the public or protection of the environment. Actual repair\nmeasures are described in detail Enmark’s O&M Manual.\" Enmark did not specify a\nnotification to PHMSA if it cannot meet the remediation schedule.\nSection 9 of Enmark’s IMP manual, titled “Procedures for identification of preventative and\nmitigation measures,” stated “This pressure reduction would increase safety and operational\nreliability but would reduce pipeline throughput volumes. Pressure reduction determinations\nwould be based upon calculations specified in ASME B31.4, or other appropriate and defensible\n\n\n\nbasis for determining safe operating pressure. Any pressure reduction would be limited to less\nthan 365 days, in which time Enmark would accomplish any repairs or solve any operational\nproblems associated with the pipeline.\" This statement limits any pressure reduction duration,\nbut does not require a notification to PHMSA if this were to exceed 365 days.\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\nCompliance Proceedings.\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\nunder 5 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\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n60 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\n\n\n\nIt is requested that Enmark Energy, Inc. maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures)\nand submit the total to James A. Urisko, Director, Southern Region, Pipeline and Hazardous\nMaterials Safety Administration. In correspondence concerning this matter, please refer to\nCPF 2-2023-012-NOA and, for each document you submit, please provide a copy in electronic\nformat whenever possible.\nSincerely,\nJames A. Urisko\nDirector, Southern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: Jeff Tharpe, Operations Manager - jtharpe@enmarkenergy.com","truncated":false,"body_characters":9410}