{"operation":"document","citation":"CPF 12022035WL","title":"RICHMOND, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-03-25","effective_on":null,"summary":"CLOSED warning letter citing 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022035wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022035wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022035wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12022035WL","body":"Warning Letter involving RICHMOND, CITY OF. PHMSA's enforcement data identifies the cited regulation as 192.605(a). The case was opened on 2022-03-25 and is reported as closed as of 2022-03-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12022035WL_Warning Letter_03252022_(21-224686).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022035WL/12022035WL_Warning%20Letter_03252022_(21-224686).pdf\n\n12022035WL_Warning Letter_03252022_(21-224686)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022035WL/12022035WL_Warning%20Letter_03252022_(21-224686)_text.pdf\n\n12022035WL_Warning Letter_03252022_(21-224686)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: Calvin.Farr@richmondgov.com\nMarch 25, 2022\nCalvin Farr Jr.\nDirector - City of Richmond DPU\nCity of Richmond\n730 East Broad Street\nRichmond, VA 23219\nCPF 1-2022-035-WL\nDear. Mr. Farr Jr.:\nFrom March 5, 2021 to June 23, 2021, 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 City of Richmond’s (City) procedures and records.\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 violations are:\n1. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline, a manual of written procedures for conducting operations and\nmaintenance activities and for emergency response. For transmission\nlines, the manual must also include procedures for handling abnormal\noperations. This manual must be reviewed and updated by the operator\nat intervals not exceeding 15 months, but at least once each calendar\nyear. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at\nlocations where operations and maintenance activities are conducted.\n\n\n\nCPF 1-2022-035-WL\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 to\nfollow its Natural Gas Procedures Manual (Procedure), by not conducting annual emergency plan\nreview in 2020.\nProcedure Volume I, Chapter 6, Section I, Paragraph IV.B stated in part that the City will conduct\nan emergency plan review with appropriate operating personnel annually.\nDuring the inspection, the VA SCC inspector was told by the City that annual emergency plan\nreviews were not conducted in 2020 due to COVID-19 restrictions on in-person gatherings. The\nVA SCC inspector was also told that no alternative training was conducted in response to the\nCOVID-19 pandemic, such as virtual training, email briefings, refreshers, nor operational notices.\nTherefore, the City failed to follow written procedures, by not conducting annual emergency plan\nreview in 2020.\n2. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline, a manual of written procedures for conducting operations and\nmaintenance activities and for emergency response. For transmission\nlines, the manual must also include procedures for handling abnormal\noperations. This manual must be reviewed and updated by the operator\nat intervals not exceeding 15 months, but at least once each calendar\nyear. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at\nlocations where 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 and for emergency response. Specifically, the City failed to\nfollow its Natural Gas Procedures Manual, Volume II, Chapter 7, Section V, Paragraph IV.D,\neffective date November 27, 2013 (Abandoning Procedure), by not abandoning a service line once\na meter had been inactive for at least 24 months.\nAbandoning Procedure stated in part:\n“D. Inactive Meters\n1. Inactive Meters are meters for which there is no responsible customer.\n2. The Operations Managers – Field Operations (or designee) reviews reports of inactive\nmeters at least quarterly.\n3. Once a meter has been in inactive status for at least 24 months:\na. The inactive meter shall be removed;\nb. The meter valve shall be shut off and locked.\nc. The inlet and outlet swivels on the meter bar shall be plugged.\nd. Gas Maintenance shall be notified to abandon the service.\n(1) Field Operations removes the regulator and meter bar (if not already\nremoved).\n12022035WL_Warning Letter_03252022_(21-224686)_text Page 2 of 4\n\n\n\nCPF 1-2022-035-WL\n(2) Gas Maintenance arranges for the service to be abandoned according\nto section D below.”\nDuring the inspection, the VA SCC inspector reviewed leak records:\nA. 3123 2nd Avenue, June 30, 2020, meter was abandoned during a leak verification and\nput on the inactive list. However, gas service has not been active at the address since\n2011.\nB. 3919 Alma Avenue, October 14, 2020 meter was abandoned during a leak\nverification and put on the inactive list. However, gas service has not been active at\nthe address since August 2011.\nC. 6838 Atmore Drive, February 8, 2020, service line was abandoned during a leak\nverification. However, no consumption history for gas usage was found in the City’s\nrecords.\nAlthough the meters were abandoned during leak verification, the meters were inactive for at least\nnine years. Had meters been marked inactive and reviewed quarterly, the services would have\nbeen abandoned and the three leaks would not have occurred.\nTherefore, the City failed to follow written procedures at three instances, by not abandoning a\nservice line once a meter had been inactive for at least 24 months.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a related\nseries of violations. For violation occurring on or after January 11, 2021 and before May 3, 2021,\nthe maximum penalty may not exceed $222,504 per violation per day the violation persists, up to\na maximum of $2,225,034 for a related series of violations. For violation occurring on or after\nJuly 31, 2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations. For violation occurring on or after November 27, 2018 and before July 31, 2019, the\nmaximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to\nexceed $2,132,679. 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.\nWe have reviewed the circumstances and supporting documents involved in this case and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nCity of Richmond being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2022-035-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\n12022035WL_Warning Letter_03252022_(21-224686)_text Page 3 of 4\n\n\n\nCPF 1-2022-035-WL\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n12022035WL_Warning Letter_03252022_(21-224686)_text Page 4 of 4","truncated":false,"body_characters":8458}