{"operation":"document","citation":"CPF 120130002W","title":"RICHMOND, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-07-12","effective_on":null,"summary":"CLOSED warning letter citing 192.481(a), 192.721(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120130002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120130002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120130002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120130002W","body":"Warning Letter involving RICHMOND, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.481(a),  192.721(b)(1). The case was opened on 2013-07-12 and is reported as closed as of 2013-07-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120130002W_Warning Letter_07122013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120130002W/120130002W_Warning%20Letter_07122013.pdf\n\n120130002W_Warning Letter_07122013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120130002W/120130002W_Warning%20Letter_07122013_text.pdf\n\n120130002W_Warning Letter_07122013_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nWARNING LETTER\nEXPRESS OVERNIGHT MAIL\nJuly 12, 2013\nRobert Steidel, Director\nCity of Richmond, DPU\n730 East Broad Street,\nRichmond, VA 23219\nCPF 1-2013-0002W\nDear Mr. Steidel:\nOn November 16, 2011 an inspector from the Virginia State Corporation Commission (VA SCC) acting\nas Agent for the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter\n601 of 49 United States Code inspected the City of Richmond’s (City) pipeline facilities in Richmond,\nVA.\nAs a result of the inspection, it appears that you have committed probable violations of the Pipeline Safety\nRegulations, Title 49, Code of Federal Regulations. The items inspected and the probable violations are:\n1. § 192.721 Distribution systems: Patrolling.\n(b) Mains in places or on structures where anticipated physical movement or external loading could\ncause failure or leakage must be patrolled—\n(1) In business districts, at intervals not exceeding 4-1/2months, but at least four times each\ncalendar year; and\nThe City failed to patrol mains in places or on structures where anticipated physical movement or external\nloading could cause failure or leakage in business districts, at intervals not exceeding 4 1/2 months, but at\nleast four times each calendar year.\nDuring the inspection, records were reviewed. It was discovered that the exposed main located at 11th and\nCanal streets in Richmond, VA had not been inspected as required by §192.721(b)(1). From March 2005\nthrough June 2011, the City failed to patrol on 24 occasions at intervals not exceeding 4-1/2 months.\nThis main was installed in March 2005. The first patrol performed was on June 6, 2011. The number of\noccasions is based on missing 3 inspections in 2005, 4 in each year from 2006 through 2010, and 1 in\n2011.\n\n\n\n1-2013-0002W\n2. § 192.481 Atmospheric corrosion control: Monitoring.\n(a) Each operator must inspect each pipeline or portion of pipeline that is exposed to the\natmosphere for evidence of atmospheric corrosion, as follows:\nIf the pipeline is located: Then the frequency of inspection is:\nOnshore At least once every 3 calendar years, but with intervals not exceeding 39\nmonths\nThe City failed to inspect each pipeline or portion of pipeline that is exposed to the atmosphere for\nevidence of atmospheric corrosion at least once every 3 calendar years, but with intervals not exceeding\n39 months.\nDuring the inspection, it was discovered that the exposed main located at 11th and Canal Streets in\nRichmond, VA had not been inspected for atmospheric corrosion as required by §192.481(a).\nThis main was installed in March 2005. The first atmospheric corrosion inspection was performed on\nJune 6, 2011.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.\nFor violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per\nviolation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations.\nWe have reviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time. We advise\nyou to correct the item(s) identified in this letter. Failure to do so will result in the City being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 1-\n2013-0002W and for each document you submit, please provide a copy in electronic format whenever\npossible, and please whenever possible provide a signed PDF copy in electronic format. Smaller files may\nbe emailed to Byron.Coy@dot.gov. Larger files should be sent on a CD accompanied by the original\npaper copy to the Eastern Region Office.\nBe advised that all material you submit in response to this enforcement action is subject to being made\npublicly available. 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 second\ncopy of the 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 5\nU.S.C. 552(b).\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: James Hotinger, VA SCC\n120130002W_Warning Letter_07122013 Page 2 of 2","truncated":false,"body_characters":5401}