{"operation":"document","citation":"CPF 120180001W","title":"RICHMOND, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-03-02","effective_on":null,"summary":"CLOSED warning letter citing 192.605(a), 192.723(a), 192.723(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120180001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120180001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120180001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120180001W","body":"Warning Letter involving RICHMOND, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.605(a),  192.723(a),  192.723(b)(1). The case was opened on 2018-03-02 and is reported as closed as of 2018-03-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120180001W_Warning Letter_03022018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120180001W/120180001W_Warning%20Letter_03022018.pdf\n\n120180001W_Warning Letter_03022018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120180001W/120180001W_Warning%20Letter_03022018_text.pdf\n\n120180001W_Warning Letter_03022018_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nMarch 2, 2018\nMr. Robert Steidel\nDirector, Department of Public Utilities\nCity of Richmond\n730 East Broad Street\nRichmond, VA 23219\nCPF 1-2018-0001W\nDear Mr. Steidel:\nOn May 11, 2017, an inspector from the Virginia State Corporation Commission (VA SCC), acting\nas an Agent for the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant\nto Chapter 601 of 49 United States Code (U.S.C.) inspected the City of Richmond’s (City) records\nin Richmond, VA.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violation(s) are:\n1. § 192.723 Distribution systems: Leakage surveys.\n(a) Each operator of a distribution system shall conduct periodic leakage surveys in\naccordance with this section.\n(b) The type and scope of the leakage control program must be determined by the\nnature of the operations and the local conditions, but it must meet the following\nminimum requirements:\n(1) A leakage survey with leak detector equipment must be conducted in business\ndistricts, including tests of the atmosphere in gas, electric, telephone, sewer,\nand water system manholes, at cracks in pavement and sidewalks, and at other\nlocations providing an opportunity for finding gas leaks, at intervals not\nexceeding 15 months, but at least once each calendar year.\n\n\n\nCPF 1-2018-0001W\nThe City failed to conduct leakage surveys with leak detector equipment in business districts at\nintervals not exceeding 15 months, but at least once each calendar year.\nDuring the inspection, VA SCC inspector reviewed Business Leak Survey 2016 data and noted\neight map pages were not leak surveyed at intervals not exceeding 15 months. The City expressed\nthat the count is inaccurate, and that more map pages were out of compliance. In the City’s\nMay 15, 2017 response to VA SCC’s Notice of Investigation, the City provided the additional non-\ncompliance maps. A total of 183 maps were out of compliance.\nTherefore, the City failed to conduct leakage surveys in business districts at intervals not exceeding\n15 months.\nPHMSA encourages self-reporting of code violations. The City’s transparency was taken into\nconsideration during the selection of administrative enforcement actions.\n2. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of\nwritten procedures for conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least once\neach calendar year. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at locations\nwhere operations and maintenance activities are conducted.\nThe City failed to follow for each pipeline, a manual of written procedures for conducting\noperations and maintenance activities. Specifically, the City failed to follow its Volume II Chapter\n6 Section I, Leak Survey, effective date 1/13/2012 (Procedure), regarding the interval between\nresidential leakage surveys.\nDuring the inspection, the VA SCC inspector reviewed the City’s Procedure. The Procedure stated\nin part:\n“Residential Surveys (all other areas of the gas distribution system) shall be conducted with leak\ndetector equipment as frequently as necessary but at least once every 3 years at intervals not\nexceeding 39 months”.\nThe VA SCC inspector reviewed leakage survey records for 2013 and 2016. The records indicated\nthat the interval between residential leak surveys for map pages 679NE and 679SE exceeded\n39 months by 24 and 25 days, respectively.\nTherefore, the City failed to follow its Procedure regarding the interval between residential leakage\nsurveys.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$209,002 per violation per day the violation persists, up to a maximum of $2,090,022 for a related\nseries of violations. For violations occurring prior to November 2, 2015, the maximum penalty\n120180001W_Warning Letter_03022018_text\nPage 2 of 3\n\n\n\nCPF 1-2018-0001W\nmay not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000\nfor a related series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item(s) identified in this letter.\nFailure to do so will result in the City of Richmond being subject to additional enforcement action.\nPlease be advised that all material you submit in response to this enforcement action is subject to\nbeing made publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Robert Burrough, Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103,\nWest Trenton, NJ 08628. Please refer to CPF 1-2018-0001W on each document you submit, and\nwhenever possible provide a signed PDF copy in electronic format. Smaller files may be emailed\nto robert.burrough@dot.gov. Larger files should be sent on a CD accompanied by the original\npaper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120180001W_Warning Letter_03022018_text\nPage 3 of 3","truncated":false,"body_characters":6758}