{"operation":"document","citation":"CPF 12023039NOA","title":"RICHMOND, CITY OF — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-05-25","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023039noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023039noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023039noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023039NOA","body":"Notice of Amendment involving RICHMOND, CITY OF. PHMSA's enforcement data identifies the cited regulation as 192.605(b)(1). The case was opened on 2023-05-25 and is reported as closed as of 2023-12-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023039NOA_Closure Letter_12212023_(22-245399).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023039NOA/12023039NOA_Closure%20Letter_12212023_(22-245399).pdf\n\n12023039NOA_Closure Letter_12212023_(22-245399)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023039NOA/12023039NOA_Closure%20Letter_12212023_(22-245399)_text.pdf\n\n12023039NOA_Notice of Amendment_05252023_(22-245399).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023039NOA/12023039NOA_Notice%20of%20Amendment_05252023_(22-245399).pdf\n\n12023039NOA_Notice of Amendment_05252023_(22-245399)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023039NOA/12023039NOA_Notice%20of%20Amendment_05252023_(22-245399)_text.pdf\n\n12023039NOA_Operator Response to Notice_07272023_(22-245399).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023039NOA/12023039NOA_Operator%20Response%20to%20Notice_07272023_(22-245399).pdf\n\n12023039NOA_Closure Letter_12212023_(22-245399)_text.pdf\n\nCPF 1-2023-039-NOA\nDear Ms. Bingham:\nFrom April 6, 2022, to May 16, 2022, an inspector from the Virginia State Corporation Commission,\nDivision of Pipeline Safety (VA SCC), acting as Agent for the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected the\nCity of Richmond’s (City) procedures and records. As a result of the inspection, the City was issued\na Notice of Amendment on May 25, 2023 requiring the City to amend certain aspects of its\nprocedures.\nThe city submitted its amended procedures on July 27, 2023. 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,\nP.P.\nVIA ELECTRONIC MAIL TO: April.Bingham@rva.gov\nDecember 21, 2023\nApril Bingham\nSenior Director, Richmond Public Utilities\nCity of Richmond\n400 Richmond Highway\nRichmond, Virginia 23224\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: Scott Marshall, VA-SCC <Scott.Marshall@scc.virginia.gov>\n\n12023039NOA_Notice of Amendment_05252023_(22-245399)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nMay 25, 2023\nMr. Calvin Farr\nDirector, City of Richmond DPU\nCity of Richmond\n730 East Broad Street\nRichmond, Virginia 23219\nCPF 1-2023-039-NOA\nDear Mr. Farr:\nFrom April 6, 2022, to May 16, 2022, an inspector from the Virginia State Corporation Commission,\nDivision of Pipeline Safety (VA SCC), acting as Agent for the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected the\nCity of Richmond’s (City) procedures and records.\nAs a result of the inspection, PHMSA has identified the apparent inadequacy found within the City’s\nplans or procedures. The item inspected and the inadequacy is described below:\n1. 49 CFR § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(b) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following, if\napplicable, to provide safety during maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance\nwith each of the requirements of this subpart and Subpart M of this part.\nThe City’s procedures for maintenance and normal operations were inadequate. Specifically, the\nCity’s Procedure Manual Chapter 6 Section I Leak Survey, effective 7/22/2013 (Leak Survey\nProcedure) failed to provide details when to record results and corrective action during leak surveys.\nAdditionally, the Leak Survey Procedure and Procedure Manual Chapter 7 Section VI Abnormal\nOperating Conditions, effective 1/16/2015 (AOC Procedure) failed to cross-reference each other and\nother procedures that provide the necessary details, in accordance with §§ 192.605(b)(1) and 192.723.\n\n\n\nThe City’s Leak Survey Procedure stated in part:\n“IV. PROCEDURE\nF. Additional Inspections\n1. …\n2. At each above ground facility (including meter manifolds and purge points\ncontained within a vault or box structure) the following additional inspections are\nconducted as appropriate and the results and need for corrective action recorded:\na. …\nb. …\nc. Vent location – checking the location of inside meter vent locations in\nrelation to windows, air intakes and electrical equipment\nd. …\ne. Any other abnormal condition.”\nThe Leak Survey Procedure did not provide adequate details to determine when vent locations, or any\nother abnormal condition, require results and corrective actions to be recorded. In addition, the Leak\nSurvey Procedure did not cross-reference the AOC Procedure or the City’s Procedure Manual Chapter\n3 Section X Customer Manifolds, Meters, and Regulators, effective 6/10/2019 (Meter Procedure)\nSection IV, A, 3 and Exhibit C 1 , both which would have provided the necessary information.\nAdditionally, the City’s AOC Procedure stated in part:\n“IV. PROCEDURE\nA…\nB. The following are AOC’s that may be encountered, a summary of expected immediate\nreaction, and reference to the procedure containing detailed instructions:\nAbnormal Operating\nCondition\nImmediate Reaction Reference\nProcedure\nImproper Meter/Regulator\nLocation\n– Unprotected or improperly\nlocated meter or regulator.\nNotify Operations Manager –\nGas for investigation / resolution\nof meter protection issues.\nNotify Operations Manager –\nField Services for investigation /\nresolution of meter or regulator\nlocation issues.\nProcedure I.3.I,\nConstruction –\nGeneral\nRequirements,\nProcedure I.3.III,\nConstruction of\nServices\nThe AOC Procedure did not cross-reference the Leak Survey Procedure.\n1 The City’s Meter Procedure stated in part:\n“IV. PROCEDURE\nA. Meter and Manifold Construction\n3. Meters installed inside of buildings shall also be readily accessible, must be located in a\nventilated space not less than 3 feet from any sources of ignition or source of heat.\nExhibit C\nMeter and Regulator Installation Location Clearances\n• The meter must be in a readily accessible location where gas from the vent can escape freely into the\natmosphere and:\no 3’ from any window that opens”\n\n\n\nTherefore, the City failed to include details in its procedures in accordance with §§ 192.605(b)(1) and\n192.723. The City must amend its Leak Survey Procedure and AOC Procedure to include details and\ncross-references regarding when results and corrective action must be recorded during leak surveys.\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 part\nof this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings.\nPlease refer to this document and note the response options. Be advised that all material you submit\nin response to this enforcement action is subject to being made publicly available. If you believe that\nany portion of your responsive material qualifies for confidential treatment under 5 U.S.C. § 552(b),\nalong with the complete original document you must provide a second copy of the document with the\nportions you believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised procedures,\nor a request for a hearing under §190.211. If you do not respond within 30 days of receipt of this\nNotice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes\nthe Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further\nnotice to you and to issue an Order Directing Amendment. If your plans or procedures are found\ninadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct\nthe inadequacies (49 C.F.R. § 190.206). If you are not contesting this 0Notice, we propose that you\nsubmit your amended procedures to my office within 30 days of receipt of this Notice. This period\nmay be extended by written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that the City of Richmond maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Robert Burrough, Director, Eastern Region, Pipeline and Hazardous\nMaterials Safety Administration. In correspondence concerning this matter, please refer to CPF 1-\n2023-039-NOA and, for each document you submit, please provide a copy in electronic format\nwhenever possible.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings","truncated":false,"body_characters":9386}