{"operation":"document","citation":"CPF 120150008","title":"RICHMOND, CITY OF — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-03-17","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.465(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120150008.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120150008.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120150008","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120150008","body":"Notice of Probable Violation involving RICHMOND, CITY OF. PHMSA's enforcement data identifies the cited regulation as 192.465(a). The case was opened on 2015-03-17 and is reported as closed as of 2017-11-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120150008_Closure Letter_11212017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120150008/120150008_Closure%20Letter_11212017.pdf\n\n120150008_Closure Letter_11212017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120150008/120150008_Closure%20Letter_11212017_text.pdf\n\n120150008_Final Order_11132015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120150008/120150008_Final%20Order_11132015.pdf\n\n120150008_Final Order_11132015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120150008/120150008_Final%20Order_11132015_text.pdf\n\n120150008_NOPV PCO_03172015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120150008/120150008_NOPV%20PCO_03172015.pdf\n\n120150008_NOPV PCO_03172015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120150008/120150008_NOPV%20PCO_03172015_text.pdf\n\n120150008_Operator_Response_to_Notice_and_Request_for_Time_05152015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120150008/120150008_Operator_Response_to_Notice_and_Request_for_Time_05152015.pdf\n\n120150008_Final Order_11132015_text.pdf\n\nNovember 13, 2015\nMr. Robert Steidel\nDirector\nCity of Richmond Department of Public Utilities\n730 East Broad Street\nRichmond, VA 23219\nRe: CPF No. 1-2015-0008\nDear Mr. Steidel:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and specifies actions that need to be taken by the City of Richmond to comply with the\npipeline safety regulations. When the terms of the compliance order have been completed, as\ndetermined by the Director, Eastern Region, Office of Pipeline Safety, this enforcement action\nwill be closed. Service of the Final Order by certified mail is deemed effective upon the date of\nmailing, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Byron Coy, PE, Director, Eastern Region, OPS\nMr. Alfred Scott, Deputy Director, City of Richmond\nMr. Sang J. Yi, Engineer III, City of Richmond\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nCity of Richmond, ) CPF No. 1-2015-0008\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom June 3 through 6, 2013, pursuant to 49 U.S.C. § 60117, an inspector of the Virginia State\nCorporation Commission (VA-SCC), acting as an agent for the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an on-\nsite pipeline safety inspection of the facilities and records of the City of Richmond, Department\nof Public Utilities (City of Richmond or Respondent) in Richmond, Virginia. The City of\nRichmond is a municipally owned gas system that operates 1,865 miles of main pipelines and\n91,487 miles of service pipelines in the Richmond, Virginia metropolitan region.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated March 17, 2015, a Notice of Probable Violation and Proposed Compliance Order\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that the City of\nRichmond had violated 49 C.F.R. § 192.465 and proposed ordering Respondent to take certain\nmeasures to correct this violation.\nThe City of Richmond responded to the Notice by letter dated April 8, 2015 (Response).\nRespondent did not contest the alleged violation but requested an extension to prepare an\nappropriate response to the Notice. On April 27, 2015, PHMSA Eastern Region granted the\nextension, allowing the City of Richmond to respond by May 18, 2015.\nOn May 15, 2015, Respondent again responded to the Notice (Second Response). In its Second\nResponse, the City of Richmond did not contest the allegation of violation as stated in the\nNotice, but requested additional time to complete the tasks in the proposed compliance order.\nRespondent did not request a hearing and therefore has waived its right to one.\n1 Pipeline Safety Violation Report (Violation Report), (March 17, 2015) (on file with PHMSA), at 1.\n\n\n\nCPF No. 1-2015-0008\nPage 2\nFINDING OF VIOLATION\nIn its Response the City of Richmond did not contest the allegation that it violated 49 C.F.R. Part\n192.465, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.465(a), which states:\n§ 192.465 External corrosion control: Monitoring.\n(a) Each pipeline that is under cathodic protection must be tested at\nleast once each calendar year, but with intervals not exceeding 15 months,\nto determine whether the cathodic protection meets the requirements of §\n192.463. However, if tests at those intervals are impractical for separately\nprotected short sections of mains or transmission lines, not in excess of\n100 feet (30 meters), or separately protected service lines, these pipelines\nmay be surveyed on a sampling basis. At least 10 percent of these\nprotected structures, distributed over the entire system must be surveyed\neach calendar year, with a different 10 percent checked each subsequent\nyear, so that the entire system is tested in each 10-year period.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.465(a) by not testing two pipelines\nunder cathodic protection once each calendar year, but with intervals not exceeding 15 months.\nSpecifically, the City of Richmond’s corrosion control monitoring procedures call for sampling\nseparately protected short sections of pipe at a 10% sampling basis.\n2 From June 3 through 6\n2013, when inspecting Respondent’s list of short sections of pipe to be inspected at a 10%\nsampling basis, the VA-SCC inspector identified two isolated short sections of pipe that were not\non the list – Bethlehem Road and 2217 Nortonia Road, and had subsequently never been\nmonitored for cathodic protection. This finding was documented in a July 2, 2013 VA-SCC\nNotice of Inspection. Further, the City of Richmond acknowledged the 2217 Nortonia Road\nsection was not on the list, and could not supply records showing the Bethlehem Road section\nhad ever been monitored on a 10% sampling basis.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.465(a) by not testing the\nBethlehem Road and 2217 Nortonia Road short sections at least once each calendar year, but\nwith intervals not exceeding 15 months.\nThis violation is a repeat violation of CPF 1-2013-0003 Item 1, and CPF 1-2011-0001 Item 3.\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violating 49\nC.F.R. § 192.465(a). In its Second Response, the City of Richmond stated it was developing and\nCOMPLIANCE ORDER\n2 See Notice at 2 (The City of Richmond’s “procedure titled ‘Corrosion Control Monitoring’ revised 10/15/2012\nparagraph IV.C.1 requires corrosion monitoring of separately protected short sections of pipe, and isolated services\nusing a 10% sampling basis.”).\n\n\n\nCPF No. 1-2015-0008\nPage 3\nimplementing a plan to update its list of short sections of pipe to be inspected at a 10% sampling\nbasis, so as to account for all isolated short sections of pipe – including the sections at Bethlehem\nRoad and 2217 Nortonia Road. Further, Respondent requested additional time to complete the\nitems specified in the proposed compliance order for Item 1. Upon review of the City of\nRichmond’s request, I have modified the compliance order so that Respondent will have\nadditional time to complete the items delineated therein.\nPursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is\ntherefore ordered to take the following actions to ensure compliance with the pipeline safety\nregulations applicable to its operations:\nWith respect to the violation of § 192.465(a) (Item 1), Respondent must –\n1) Plan and conduct a field survey to assure all isolated segments are accounted for in\nRespondent’s cathodic protection program. After accounting for all isolated segments,\nthe City must also then complete any identified cathodic protection remediation;\n2) Assure all isolated segments are accounted for in Respondent’s cathodic protection\nprogram within 330 days after receipt of the Final Order;\n3) Complete any needed cathodic protection remediation work within one and a half (1.5)\nyears after receipt of the Final Order;\n4) It is requested (not mandated) that the City of Richmond maintain documentation of the\nsafety improvement costs associated with fulfilling this Compliance Order and submit the\ntotal to Byron Coy, PE, Director, Eastern Region, Pipeline and Hazardous Materials\nSafety Administration. It is requested that these costs be reported in two categories: 1)\ntotal cost associated with preparation/revision of plans, procedures, studies and analyses,\nand 2) total cost associated with replacements, additions, and other changes to pipeline\ninfrastructure.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in administrative assessment of civil penalties not\nto exceed $200,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nUnder 49 C.F.R. § 190.243, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline\nSafety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC\n20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA\nwill accept petitions received no later than 20 days after receipt of service of this Final Order by\nthe Respondent, provided they contain a brief statement of the issue(s) and meet all other\nrequirements of 49 C.F.R. § 190.243. Unless the Associate Administrator, upon request, grants a\n\n\n\nCPF No. 1-2015-0008\nPage 4\nstay, the terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n120150008_Closure Letter_11212017_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nNovember 21, 2017\nMr. Robert Steidel\nDirector, City of Richmond\nDepartment of Public Utilities\n730 East Broad Street\nRichmond, VA 23219\nCPF 1-2015-0008\nDear Mr. Steidel:\nOn November 13, 2015, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to the City of Richmond a Final Order in the above-referenced case. This Order included a\nCompliance Order requirement to take corrective actions on your pipeline. Based on our review\nof the documentation you provided, it has been determined that you have complied with the terms\nof this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nRobert Burrough\nActing Director, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":11710}