{"operation":"document","citation":"CPF 420195022M","title":"EPIC CONSOLIDATED OPERATIONS, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-12-30","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(13).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195022m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195022m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195022m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420195022M","body":"Notice of Amendment involving EPIC CONSOLIDATED OPERATIONS, LLC. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(13). The case was opened on 2019-12-30 and is reported as closed as of 2020-06-30. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420195022M_Closure Letter_06302020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195022M/420195022M_Closure%20Letter_06302020.pdf\n\n420195022M_Closure Letter_06302020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195022M/420195022M_Closure%20Letter_06302020_text.pdf\n\n420195022M_Notice of Amendment_12302019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195022M/420195022M_Notice%20of%20Amendment_12302019.pdf\n\n420195022M_Notice of Amendment_12302019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195022M/420195022M_Notice%20of%20Amendment_12302019_text.pdf\n\n420195022M_Operator Response to Notice_02052020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195022M/420195022M_Operator%20Response%20to%20Notice_02052020.pdf\n\n420195022M_Closure Letter_06302020_text.pdf\n\nJune 30, 2020\nPhil Mezey\nExecutive President\nEpic Consolidated Operations, LLC\n18615 Tuscany Stone, Suite 300\nSan Antonio, Texas 78258\nCPF 4-2019-5022M\nDear Mr. Mezey:\nFrom September 23-27, 2019 and October 7-9, 2019, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States\nCode inspected Epic Consolidated Operations, LLC (EPIC) records and procedures for itspipeline\nfacilities in New Mexico and Texas. As a result of the inspection, EPIC was issued a Notice of\nAmendment on December 30, 2019, which proposed an amendment of your procedures.\nEPIC submitted its amended procedures on February 5, 2020. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nMary L. McDaniel P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n\n420195022M_Notice of Amendment_12302019_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 30, 2019\nPhil Mezey\nExecutive President\nEpic Consolidated Operations, LLC\n18615 Tuscany Stone, Suite 300\nSan Antonio, Texas 78258\nCPF 4-2019-5022M\nDear Mr. Mezey:\nOn September 23-27, 2019 and October 7-9, 2019, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Epic Consolidated Operations, LLC (EPIC) records and procedures for their pipeline\nfacilities in New Mexico and Texas.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nEPIC’s plans or procedures, as described below:\n\n\n\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(13) Periodically reviewing the work done by operator personnel to determine the\neffectiveness of the procedures used in normal operation and maintenance and taking\ncorrective action where deficiencies are found.\nEPIC’s written procedure, O&M Section 2.1 (O&M Procedure Review 195.402(c) (13)) was found\nto be inadequate. As written, the procedure does not provide adequate instructions on how to\nimplement a periodic review or document the results of a completed review. The instructions must\nshow that some analysis should be performed to determine the adequacy of a procedure. The\nanalysis may include accident data, near-miss data, submissions of improvement to procedures\nfrom employees, meetings to discuss the procedures, job safety analysis, etc., and should include\ndocumentation showing the analysis, discussions, etc., that determined the procedure was adequate\nor inadequate.\nDuring the inspection, EPIC provided its FORM 21.3 Hazardous Liquid O&M Annual Review.\nThe form was not specific for effectiveness review of the procedure, but rather to perform an\nannual review of its written O&M manual. EPIC must amend its written procedure to include\nprovisions for performing and documenting the required effectiveness review.\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. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 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 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 30 days of\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.\n2\n\n\n\nIt is requested (not mandated) that EPIC maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures)\nand submit the total to Mary McDaniel, Director, Southwest Region, Pipeline and Hazardous\nMaterials Safety Administration.\nIn correspondence concerning this matter, please refer to CPF 4-2019-5022M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3","truncated":false,"body_characters":6953}