{"operation":"document","citation":"CPF 120190011W","title":"RICHMOND, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-08-12","effective_on":null,"summary":"CLOSED warning letter citing 192.605(a), 192.616(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120190011w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120190011w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120190011w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120190011W","body":"Warning Letter involving RICHMOND, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.605(a),  192.616(i). The case was opened on 2019-08-12 and is reported as closed as of 2019-08-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120190011W_Warning Letter_08122019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120190011W/120190011W_Warning%20Letter_08122019.pdf\n\n120190011W_Warning Letter_08122019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120190011W/120190011W_Warning%20Letter_08122019_text.pdf\n\n120190011W_Warning Letter_08122019_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nAugust 12, 2019\nMr. Calvin Farr\nDirector, Department of Public Utilities\nCity of Richmond\n730 East Broad Street\nRichmond, VA 23219\nCPF 1-2019-0011W\nDear Mr. Farr:\nOn January 28 through January 30, 2019, an inspector from the Virginia State Corporation\nCommission, Division of Pipeline Safety (VA SCC), acting as Agent for the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.), inspected the City of Richmond’s (City) records and procedures.\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 item(s) inspected\nand the probable violation(s) are:\n1. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual\nof written procedures for conducting operations and maintenance activities and\nfor emergency response.\nThe City failed to follow for each pipeline, a manual of written procedures for conducting\noperations and maintenance activities and for emergency response. Specifically, the City failed\n\n\n\nCPF 1-2019-0011W\nto follow its Natural Gas Procedure Manual – Control Room Management, dated 01/6/15 (CRM\nProcedure), by not retraining four existing controllers once every 3 years.\nCRM Procedure Section IV (B)(2)(c) stated in part: “Retraining existing Natural Gas Controllers\nand their Supervisor(s) shall be conducted once every 3 years.”\nDuring the inspection, the VA SCC inspector reviewed the “Control Room Management Procedure\nReview” (CRM Record) where the City documents the training completed by natural gas\ncontrollers. The CRM Record indicated the training date for four controllers in September 2014\nwith the next re-training date of January 2019. During the inspection, the City acknowledged\nmissing the refresher training records from calendar year 2017.\nTherefore, the City failed to follow written procedures, by not retaining four existing controllers\nonce every 3 years.\n2. § 192.616 Public Awareness\n(i) The operator’s program documentation and evaluation results must be\navailable for periodic review by appropriate regulatory agencies.\nThe City failed to have program documentation and evaluation results available for periodic review\nby appropriate regulatory agencies. Specifically, the City failed to have documentation\ndemonstrating that a significant number and concentration of non-English speaking population\ndoes not currently exist within its operating area.\nDuring the inspection, VA SCC inspector reviewed the City’s Public Awareness Plan: Gas\nDistribution Procedure, dated 11/27/17 (PAP Procedure) and requested relevant records related to\nthe non-English speaking population. The PAP Procedure stated, “The Public Awareness Program\nwill be conducted in English and in other languages commonly understood by a significant number\nof and concentration of the non-English speaking population in our service area. Although a\nsignificant number and concentration of non-English speaking population does not currently exist,\nthe Buried Fuel Line Notification is provided in Spanish and responsibility for monitoring of the\npopulation has been assigned.”\nThe City did not have documentation or records demonstrating that a significant number and\nconcentration of non-English speaking population does not currently exist, within its operating\narea as noted in PAP Procedure.\nTherefore, the City failed to have public awareness program documentation and evaluation results\navailable for periodic review by appropriate regulatory agencies.\n120190011W_Warning Letter_08122019_text Page 2 of 3\n\n\n\nCPF 1-2019-0011W\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$213,268 per violation per day the violation persists, up to a maximum of $2,132,679 for a related\nseries of violations. For violation occurring on or after November 2, 2015 and before November\n27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015, the\nmaximum penalty may not exceed $200,000 per violation per day, with a maximum penalty not to\nexceed $2,000,000 for a related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitem(s) identified in this letter. Failure to do so will result in the City of Richmond being subject\nto additional enforcement action.\nBe advised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide 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, 840 Bear Tavern Road, Suite 300,\nWest Trenton, NJ 08628. Please refer to CPF 1-2019-0011W 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 USB flash drive accompanied by the\noriginal paper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120190011W_Warning Letter_08122019_text Page 3 of 3","truncated":false,"body_characters":6617}