{"operation":"document","citation":"CPF 12020017NOA","title":"RICHMOND, CITY OF — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-11-24","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(1), 199.101(a)(1), 199.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020017noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020017noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020017noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12020017NOA","body":"Notice of Amendment involving RICHMOND, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.605(b)(1),  199.101(a)(1),  199.202. The case was opened on 2020-11-24 and is reported as closed as of 2021-02-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12020017NOA_Closure Letter_02052021_(20-172760).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020017NOA/12020017NOA_Closure%20Letter_02052021_(20-172760).pdf\n\n12020017NOA_Closure Letter_02052021_(20-172760)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020017NOA/12020017NOA_Closure%20Letter_02052021_(20-172760)_text.pdf\n\n12020017NOA_Notice of Amendment_11242020_(20-172760).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020017NOA/12020017NOA_Notice%20of%20Amendment_11242020_(20-172760).pdf\n\n12020017NOA_Notice of Amendment_11242020_(20-172760)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020017NOA/12020017NOA_Notice%20of%20Amendment_11242020_(20-172760)_text.pdf\n\n12020017NOA_Operator Response to Notice_01072021_(20-172760).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020017NOA/12020017NOA_Operator%20Response%20to%20Notice_01072021_(20-172760).pdf\n\n12020017NOA_Notice of Amendment_11242020_(20-172760)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nNovember 24, 2020\nCalvin Farr Jr.\nDirector – City of Richmond DPU\nCity of Richmond\n730 East Broad Street\nRichmond, VA 23219\nCPF 1-2020-017-NOA\nDear Calvin Farr Jr.:\nFrom June 4, 2019, through January 7, 2020, 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 States\nCode (U.S.C.) inspected the City of Richmond’s (the City) procedures in Richmond, Virginia.\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.\nEach operator shall include the following in its operating and\nmaintenance plan:\n(a) …\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(1) Operating, maintaining, and repairing the pipeline in\naccordance with each of the requirements of this subpart and Subpart\nM of this part.\n\n\n\nCPF 1-2020-017-NOA\nThe City’s manual of written procedures for conducting operations and maintenance activities was\ninadequate. Specifically, the City’s manual failed to include procedures for operating, maintaining,\nand repairing the pipeline in accordance the requirements of § 192.753, which is found in Subpart\nM.\nDuring the inspection, the VA SCC inspector reviewed the City’s Procedures Manual, System\nDesign, Effective 03/05/15 (System Design). The System Design failed to include a procedure\nrequiring that when a bell and spigot joint subject to pressure of 25 psi gage or less is exposed for\nany reason, that it must be sealed by a means other than caulking.\nTherefore, the City’s manual of written procedures for conducting operations and maintenance\nactivities was inadequate. The City must amend their procedures to include a procedure requiring\nthat when a bell and spigot joint subject to pressure of 25 psi gage or less is exposed for any reason,\nthat it must be sealed by a means other than caulking.\n2. § 199.101 Anti-drug plan.\n(a) Each operator shall maintain and follow a written anti-drug\nplan that conforms to the requirements of this part and the DOT\nProcedures. The plan must contain-\n(1) Methods and procedures for compliance with all the\nrequirements of this part, including the employee assistance program;\nThe City’s anti-drug plan was inadequate because it did not conform to the requirements of 49\nC.F.R. Part 199 and 49 C.F.R. Part 40 (DOT Procedures).\nDuring the inspection, the VA SCC inspector reviewed the City’s Substance Abuse Policy, dated\nSeptember 1, 2006 (SAP) and noted the SAP did not include:\n The name and address of the City’s Medical Review Officer (MRO), as required by §\n199.101(a)(3).\n Provisions to ensure that at least two of the employee's supervisors, one of whom is\ntrained in detection of the possible symptoms of drug use, substantiate and concur in the\ndecision to test an employee based on reasonable cause, as required by § 199.105(d).\n Provisions to ensure for the use of only drug testing laboratories certified by the\nDepartment of Health and Human Services, as required by § 199.107(a) and § 40.81(a).\n Provisions to ensure the City checks on the drug testing record of employees it is\nintending to use to perform safety-sensitive duties, as required by § 40.25.\n Provisions to ensure the drug testing laboratory test DOT specimens for only marijuana\nmetabolites, cocaine metabolites, amphetamines, opiate metabolites, and phencyclidine,\nas required by § 40.85.\n12020017NOA_Notice of Amendment_11242020_(20-172760)_text Page 2 of 4\n\n\n\nCPF 1-2020-017-NOA\n Provisions to ensure the City’s MRO provides a quality assurance review for the drug\ntesting process for the specimens under their purview, as required by § 40.123(b).\n Provisions to ensure the City’s MRO performs functions in reviewing negative test\nresults, as required by § 40.127.\nTherefore, the City’s anti-drug plan was inadequate because it did not conform to the requirements\nof Parts 199 and 40. The City must amend their procedures to include missing information and\nprovisions as described in the bullets above.\n3. § 199.202 Alcohol misuse plan.\nEach operator must maintain and follow a written alcohol misuse\nplan that conforms to the requirements of this part and DOT\nProcedures concerning alcohol testing programs. The plan shall\ncontain methods and procedures for compliance with all the\nrequirements of this subpart, including required testing recordkeeping,\nreporting, education and training elements.\nThe City's alcohol misuse plan was inadequate because it did not conform to the requirements of\nPart 199 and 49 C.F.R. Part 40 (DOT Procedures) concerning alcohol testing programs.\nDuring the inspection, the VA SCC inspector reviewed the City’s Substance Abuse Policy, dated\nSeptember 1, 2006 (SAP) and noted the SAP did not include:\n Provisions to conduct reasonable suspicion testing for the presence of alcohol, as required\nby § 199.225(b).\n Provisions to ensure the City checks on the alcohol testing record of employees it is\nintending to use to perform safety-sensitive duties, as required by § 40.25.\nTherefore, the City's SAP was inadequate because it did not conform to the requirements of Parts\n199 and 40 concerning alcohol testing programs. The City must amend their procedures to\ninclude provisions as described in the bullets above.\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 Enforcement\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).\n12020017NOA_Notice of Amendment_11242020_(20-172760)_text Page 3 of 4\n\n\n\nCPF 1-2020-017-NOA\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\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 Richmond 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 1-2020-017-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 Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n12020017NOA_Notice of Amendment_11242020_(20-172760)_text Page 4 of 4\n\n12020017NOA_Closure Letter_02052021_(20-172760)_text.pdf\n\nVIA ELECTRONIC MAIL: Calvin.Farr@richmondgov.com\nFebruary 5, 2021\nCalvin Farr Jr.\nDirector – City of Richmond DPU\nCity of Richmond\n730 East Broad Street\nRichmond, VA 23219\nCPF 1-2020-017-NOA\nDear Mr. Farr:\nFrom June 4, 2019 through January 7, 2020, an inspector from the Virginia State Corporation\nComission, acting as Agent for the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-site pipeline safety\ninspection of the City of Richmond’s (City) procedures in Richmond, VA. As a result of the\ninspection, the City was issued a Notice of Amendment on November 24, 2020, which proposed\namendment of your procedures.\nThe City submitted its amended procedures on January 7, 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","truncated":false,"body_characters":11082}