{"operation":"document","citation":"CPF 120180003W","title":"DANVILLE, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-05-14","effective_on":null,"summary":"CLOSED warning letter citing 192.613(b), 192.751(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120180003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120180003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120180003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120180003W","body":"Warning Letter involving DANVILLE, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.613(b),  192.751(a). The case was opened on 2018-05-14 and is reported as closed as of 2018-05-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120180003W_Warning Letter_05172018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120180003W/120180003W_Warning%20Letter_05172018.pdf\n\n120180003W_Warning Letter_05172018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120180003W/120180003W_Warning%20Letter_05172018_text.pdf\n\n120180003W_Warning Letter_05172018_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nMay 17, 2018\nKelly P. Kinnett, P.E.\nWater and Gas Director\nCity of Danville\n1040 Monument Street\nDanville, VA 24540\nCPF 1-2018-0003W\nDear Mr. Kinnett:\nOn May 30, 2017 and June 20, 2017; an inspector from the Virginia State Corporation Commission\n(VA SCC), acting as an Agent for the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected the City of\nDanville’s (City) records in Danville, 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. § 192.613 Continuing Surveillance.\n(b) If a segment of pipeline is determined to be in unsatisfactory condition but no\nimmediate hazard exists, the operator shall initiate a program to recondition or phase\nout the segment involved, or, if the segment cannot be reconditioned or phased out,\nreduce the maximum allowable operating pressure in accordance with §192.619 (a)\nand (b).\nThe City failed to initiate a program to recondition or phase out segments determined to be in\nunsatisfactory condition. Specifically, the City failed to take actions to protect meter and service\nregulators from vehicular damage that may be anticipated, in accordance with §192.353(a).\n\n\n\nCPF 1-2018-0003W\nSection 192.353(a) states:\n“(a) Each meter and service regulator, whether inside or outside a building, must be installed in a\nreadily accessible location and be protected from corrosion and other damage, including, if\ninstalled outside a building, vehicular damage that may be anticipated. However, the upstream\nregulator in a series may be buried.”\nDuring the inspection, the PHMSA inspector observed ten locations where vehicular damage to\nthe meters and/or service regulators may be anticipated. VA SCC notified the City of the findings\nin a Notice of Investigation letter dated June 29, 2017.\nThe City’s response to VA SCC’s Notice of Investigation, dated July 28, 2017, stated in part:\n“In 2014 to 2016, Danville Utilities used leak survey staff to collect meter set data to assess the\npotential threat of vehicular damage to existing meter sets for DIMP fact finding purposes. Based\non the results of the assessment, the City determined no action was warranted for the ten locations\nidentified by the SCC.\nA review of the history of our system’s experience with vehicular damage and of our records back\nto 2007 found that leaks due to vehicular damage was not a sub-threat with results requiring\nfurther mitigated action.”\nThe City’s follow-up response to VA SCC’s Notice of Investigation, dated November 8, 2017,\nstated in part:\nProgram.\n“The City considers damages by vehicles as part of its overall Distribution Integrity Management\n…\nWe concluded from the data collection and based on the history of occurences that no specific\nfurther action was warranted to existing metersets.”\nSubpart P of 49 CFR Part 192 prescribes minimum requirements for gas distribution integrity\nmanagement (DIMP) programs. However, DIMP programs do not excuse Operators from other\nprescribed regulatory requirements, such as § 192.353(a). Based on its leak survey activities\nbetween 2014 and 2016, the City was aware of these meter sets and service regulators that do not\nmeet the requirements of §192.353(a). The City’s written responses demonstrate that it did not\ninitiatve a program to recondition or phase out these meter and service regulator locations, as\nrequired by § 192.613(b).\nThe aboveground facilities were located near roadways, alleyways or driveways that see regulator\nvehicular traffic, and were not protected from vehicular damage that could be anticipated. A\nprogram to provide protection from vehicular damage to the aboveground facilities was not\ninitiated. Therefore, the City failed to initiate a program to recondition or phase out segments\ndetermined to be in unsatisfactory condition.\n2. § 192.751 Prevention of accidental ignition.\nEach operator shall take steps to minimize the danger of accidental ignition of gas in\nany structure or area where the presence of gas constitutes a hazard of fire or\nexplosion, include the following:\n120180003W_Warning Letter_05172018_text Page 2 of 3\n\n\n\nCPF 1-2018-0003W\n(a) When a hazardous amount of gas is being vented into open air, each potential\nsource of ignition must be removed from the area and a fire extinguisher must be\nprovided.\nThe City failed to provide a fire extinguishers when a hazardous amount of gas was being vented\ninto open air. Specifically, the City failed to provide a fire extinguisher during a May 30, 2017 gas\nservice repair at Danville Community College.\nDuring the inspection, the VA SCC inspector observed the City conducting a repair to a one inch\ngas service at Danville Community College. During the repair, the City performed a gas purging,\nduring which a fire extinguisher was not provided.\nIn the City’s Notice of Investigation response dated July 21, 2017, the City acknowledged that a\nfire extinguisher was not observed nearby during the purge.\nTherefore, the City failed to provide a fire extinguisher when a hazardous amount of gas was being\nvented into open air.\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\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 Danville 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 1-2018-0003W 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\n120180003W_Warning Letter_05172018_text Page 3 of 3","truncated":false,"body_characters":7930}