{"operation":"document","citation":"CPF 12020007NOA","title":"DANVILLE, CITY OF — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-09-03","effective_on":null,"summary":"CLOSED notice of amendment citing 192.1007(a)(3), 192.1007(e)(1), 192.605(b)(4), 192.605(b)(8).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020007noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020007noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020007noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12020007NOA","body":"Notice of Amendment involving DANVILLE, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.1007(a)(3),  192.1007(e)(1),  192.605(b)(4),  192.605(b)(8). The case was opened on 2020-09-03 and is reported as closed as of 2021-03-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12020007NOA_Closure Letter_03052021_(20-172761).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020007NOA/12020007NOA_Closure%20Letter_03052021_(20-172761).pdf\n\n12020007NOA_Closure Letter_03052021_(20-172761)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020007NOA/12020007NOA_Closure%20Letter_03052021_(20-172761)_text.pdf\n\n12020007NOA_Notice of Amendment_09032020_(20-172761).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020007NOA/12020007NOA_Notice%20of%20Amendment_09032020_(20-172761).pdf\n\n12020007NOA_Notice of Amendment_09032020_(20-172761)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020007NOA/12020007NOA_Notice%20of%20Amendment_09032020_(20-172761)_text.pdf\n\n12020007NOA_Operator Response to Notice_10012020_(20-172761).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020007NOA/12020007NOA_Operator%20Response%20to%20Notice_10012020_(20-172761).pdf\n\n12020007NOA_Closure Letter_03052021_(20-172761)_text.pdf\n\nVIA ELECTRONIC MAIL TO: greyjc@danvilleva.gov\nMarch 5, 2021\nJason Grey\nInterim Director of Utilities\nCity of Danville\n1040 Monument Street\nDanville, VA 24540\nCPF 1-2020-007-NOA\nDear Mr. Grey:\nFrom February 20, 2019 to January 17, 2020, inspectors 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, inspected the City of Danville’s (City) plans and procedures. As a result of the\ninspection, the City was issued a Notice of Amendment on September 3, 2020, which proposed\namendment of your procedures.\nThe City submitted its amended procedures on January 28, 2021. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n12020007NOA_Notice of Amendment_09032020_(20-172761)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nSeptember 3, 2020\nJason Grey\nInterim Director of Utilities\nCity of Danville\n1040 Monument St\nDanville, VA 24540\nCPF 1-2020-007-NOA\nDear Jason Grey:\nFrom February 20, 2019 to January 17, 2020, inspectors 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 States\nCode (U.S.C.) inspected City of Danville’s (the City) plans and procedures.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within the\nCity’s plans or procedures, as described below:\n1. §192.605 - Procedural manual for operations, maintenance, and emergencies.\n(b) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following,\nif applicable, to provide safety during maintenance and operations.\n(4) Gathering of data needed for reporting incidents under Part 191\nof this chapter in a timely and effective manner.\nThe City’s manual of written procedures was inadequate in that it failed to include procedures for\ngathering of data needed for reporting incidents under Part 191 in a timely and effective\nmanner. Specifically, the City’s Natural Gas Operation and Maintenance Plan, Section B-2,\nIncident & Safety-Related Conditions Reports, Date 1/16/2017 (Plan B-2) failed to provide\nsufficient detail regarding supplementary incident reports, as deemed necessary when additional\nrelevant information is obtained after the original incident report submittal.\nDuring the inspection, the VA SCC inspector discovered that the City’s Plan B-2 did not address\nsupplemental incident reports. The City responded to the VA SCC’s December 23, 2019 Notice\nof Investigation on January 17, 2020 and provided a proposed update to Plan B-2. However, the\nproposed update had not been implemented at the time of the response.\n\n\n\nCPF 1-2020-007-NOA\nTherefore, the City’s manual of written procedures was inadequate for it failed to provide sufficient\ndetail regarding supplementary incident reports. The City must revise and implement updated\nwritten procedures to address supplementary incident reports.\n2. §192.605 - Procedural manual for operations, maintenance, and emergencies.\n(b) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following,\nif applicable, to provide safety during maintenance and operations.\n(8) Periodically reviewing the work done by operator personnel to\ndetermine the effectiveness, and adequacy of the procedures used in\nnormal operation and maintenance and modifying the procedures\nwhen deficiencies are found.\nThe City’s manual of written procedures was inadequate in that it failed to include procedures for\nperiodically reviewing the work done by operator personnel to determine the effectiveness, and\nadequacy of the procedures used in normal operation and maintenance and modifying the\nprocedure when deficiencies are found.\nDuring the inspection, the VA SCC inspector reviewed City’s Natural Gas Operation and\nMaintenance Plan, Section A-1 (Plan A-1). Plan A-1 failed to provide sufficient detail regarding a\nprovision to periodically review the work done by operator personnel to determine the\neffectiveness and adequacy of the procedures used in normal operation and maintenance and\nmodifying the procedures when deficiencies are found. The City responded to the VA SCC’s\nDecember 23, 2019 Notice of Investigation on January 17, 2020 and provided a proposed update\nto Plan A-1. However, the proposed update had not been implemented at the time of the response.\nTherefore, the City’s manual of written procedures was inadequate for it failed to provide sufficient\ndetail regarding § 192.605(b)(8). The City must revise and implement updated written procedures\naddressing this deficiency.\n3. §192.1007 - What are the required elements of an integrity management plan?\nA written integrity management plan must contain procedures for\ndeveloping and implementing the following elements:\n(a) Knowledge. An operator must demonstrate an understanding of\nits gas distribution system developed from reasonably available\ninformation.\n(3) Identify additional information needed and provide a plan for\ngaining that information over time through normal activities conducted\non the pipeline (for example, design, construction, operations or\nmaintenance activities).\nThe City’s written integrity management plan was inadequate for it failed to contain procedures\nfor developing and implementing knowledge by identifying additional information needed and\nproviding a plan for gaining that information over time through normal activities conducted on the\npipeline (for example, design, construction, operations or maintenance activities).\n12020007NOA_Notice of Amendment_09032020_(20-172761)_text Page 2 of 4\n\n\n\nCPF 1-2020-007-NOA\nSpecifically, the City’s Distribution Integrity Management Plan, effective 2018-12-01, (DIMP)\ndid not contain provisions for gaining unknown system information over time through normal\nactivities.\nTherefore, the City’s written integrity management plan was inadequate for it failed to provide\nsufficient detail regarding § 192.1007(a)(3). The City must revise and implement its updated DIMP\nto include provisions for gaining unknown system information over time through normal activities.\n4. §192.1007 - What are the required elements of an integrity management plan?\nA written integrity management plan must contain procedures for\ndeveloping and implementing the following elements:\n(e) Measure performance, monitor results, and evaluate\neffectiveness.\n(1) Develop and monitor performance measures from an\nestablished baseline to evaluate the effectiveness of its IM program. An\noperator must consider the results of its performance monitoring in\nperiodically re-evaluating the threats and risks. These performance\nmeasures must include the following:\nThe City’s written integrity management plan was inadequate for it failed to contain procedures\nfor developing and implementing performance measures from an established baseline to evaluate\nthe effectiveness of its integrity management program. Specifically, the City’s Distribution\nIntegrity Management Plan, effective 2018-12-01, (DIMP) failed to establish a baseline for its\nselected performance measures.\nTherefore, the City’s written integrity management plan was inadequate for it failed to provide\nsufficient detail regarding establishing a baseline to evaluate the effectiveness as per §\n192.1007(e)(1). The City must revise and implement its DIMP to include a baseline for its selected\nperformance measures.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. 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\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\n12020007NOA_Notice of Amendment_09032020_(20-172761)_text Page 3 of 4\n\n\n\nCPF 1-2020-007-NOA\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that City of Danville maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Robert Burrough, Director, PHMSA Eastern Region,\n840 Bear Tavern Road, Suite 300, West Trenton, NJ 08628. Please refer to CPF 1-2020-007-NOA\non each document you submit, and whenever possible provide a signed PDF copy in electronic\nformat. Smaller files may be emailed to robert.burrough@dot.gov. Larger files should be sent on\nUSB flash drive accompanied by the original paper copy to the Eastern Region Office.\nAdditionally, if you choose to respond to this (or any other case), please ensure that any response\nletter pertains solely to one CPF case number.\nSincerely,\nRobert Burrough\nDirector, Eastern, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nCC: Scott Marshall, VA SCC (via email)\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n12020007NOA_Notice of Amendment_09032020_(20-172761)_text Page 4 of 4","truncated":false,"body_characters":12258}