{"operation":"document","citation":"CPF 12025006NOPV","title":"RICHMOND, CITY OF — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2025-05-08","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.605(a), 192.805(h).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025006nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025006nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025006nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12025006NOPV","body":"Notice of Probable Violation involving RICHMOND, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.605(a),  192.805(h). The case was opened on 2025-05-08 and is reported as closed as of 2026-01-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12025006NOPV_Closure Letter_01222026_(23-272518).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025006NOPV/12025006NOPV_Closure%20Letter_01222026_(23-272518).pdf\n\n12025006NOPV_Closure Letter_01222026_(23-272518)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025006NOPV/12025006NOPV_Closure%20Letter_01222026_(23-272518)_text.pdf\n\n12025006NOPV_Final Order_10292025_(23-272518).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025006NOPV/12025006NOPV_Final%20Order_10292025_(23-272518).pdf\n\n12025006NOPV_Final Order_10292025_(23-272518)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025006NOPV/12025006NOPV_Final%20Order_10292025_(23-272518)_text.pdf\n\n12025006NOPV_Operator Response to Notice_05302025_(23-272518).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025006NOPV/12025006NOPV_Operator%20Response%20to%20Notice_05302025_(23-272518).pdf\n\n12025006NOPV_PCO_05082025_(23-272518).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025006NOPV/12025006NOPV_PCO_05082025_(23-272518).pdf\n\n12025006NOPV_PCO_05082025_(23-272518)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025006NOPV/12025006NOPV_PCO_05082025_(23-272518)_text.pdf\n\n12025006NOPV_Closure Letter_01222026_(23-272518)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and\nHazardous Materials\nSafety Administration\n840 Bear Tavern Road, Suite 300\nWest Trenton, NJ 08628\n609.771.7800\nVIA ELECTRONIC MAIL TO: daniel.rifenburgh@rva.gov\nJanuary 22, 2026\nMr. Daniel Rifenburgh\nDirector\nRichmond Gas Works\nCity of Richmond\n400 Richmond Highway\nRichmond, Virginia 23224\nRE: CPF 1-2025-006-NOPV\nDear Mr. Rifenburgh:\nOn October 29,2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to City of Richmond’s (City) a Final Order, pursuant to 49 CFR § 190.213 in the above-\nreferenced case. This Order included a Compliance Order. Based on our review of the\ndocumentation provided, it has been determined that the City has complied with the terms of the\nOrder.\nAccordingly, this case is now closed, and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n12025006NOPV_Final Order_10292025_(23-272518)_text.pdf\n\nOctober 29, 2025\nVIA ELECTRONIC MAIL TO: daniel.rifenburgh@rva.gov\nMr. Daniel Rifenburgh\nDirector\nRichmond Gas Works\nCity of Richmond\n400 Richmond Highway\nRichmond, Virginia 23224\nRe: CPF No. 1-2025-006-NOPV\nDear Mr. Rifenburgh:\nEnclosed please find the Final Order issued in the above-referenced case. It makes two findings\nof violation and specifies actions that need to be taken by the City of Richmond to comply with\nthe pipeline safety regulations. When the terms of the compliance order are completed, as\ndetermined by the Director, Eastern Region, this enforcement action will be closed. Service of\nthe Final Order by e-mail is effective upon the date of transmission and acknowledgement of\nreceipt as provided under 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nActing Associate Administrator\nfor Pipeline Safety\nEnclosures\ncc: Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA\nW. LeGrand Northcutt, Policy Advisor – Gas Regulatory Compliance, Richmond Gas\nWorks, legrand.northcutt@dhcd.virginia.gov\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nRichmond Gas Works ) CPF No. 1-2025-006-NOPV\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn May 10, 2023, an inspector from the Virginia State Corporation Commission, Division of\nPipeline Safety (VA SCC), acting as an agent for the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected\nthe City of Richmond’s (City or Respondent) pipeline facilities in Richmond, Virginia.\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated May 8, 2025, a Notice of Probable Violation and Proposed Compliance Order\n(Notice). In accordance with 49 CFR § 190.207, the Notice proposed finding that the City had\ncommitted 2 violations of 49 CFR Part 192 and proposed ordering the City to take certain measures\nto correct the alleged violations.\nThe City responded to the Notice by letter dated May 30, 2025 (Response). Respondent did not\ncontest either of the violations but requested the modification or suspension of the Proposed\nCompliance Order. On June 18, 2025, the Director issued a recommendation for final action.\nRespondent did not request a hearing and therefore has waived its right to one.\nFINDINGS OF VIOLATION\nThe Notice alleged that Respondent violated 49 CFR Part 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 CFR § 192.605(a), which states:\n§ 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\nand maintenance activities and for emergency response. For\n\n\n\ntransmission lines, the manual must also include procedures for\nhandling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at\nleast once each calendar year. This manual must be prepared before\noperations of a pipeline system commence. Appropriate parts of the\nmanual must be kept at locations where operations and maintenance\nactivities are conducted.\nThe Notice alleged that Respondent violated 49 CFR § 195.605(a) by failing to follow for each\npipeline, a manual of written procedures for conducting operations and maintenance activities and\nfor emergency response. Specifically, the Notice alleged that the City failed to follow the\nmanufacturer’s instructions, which required proper support and anchor restraints, when installing\nfittings in accordance with chapter 3, section II in its Natural Gas Procedures Manual, dated\n2/1/2020. The Notice alleged that the City failed, as required by its manual, to follow the\nmanufacturer’s instructions to install support or anchor restraints when it installed a 12-inch\nDresser Style 63 Type 1 expansion coupling, which subsequently developed a natural gas leak.\nThe City did not contest this allegation of violation. In its Response, the City requested the\nmodification or suspension of the associated Proposed Compliance Order, as discussed further\nbelow.\nAccordingly, based upon a review of all the evidence, I find that Respondent violated 49 CFR\n§ 192.605(a) by failing to follow its manual of written procedures for conducting operations and\nmaintenance activities and for emergency response.\nItem 2: The Notice alleged that Respondent violated 49 CFR § 192.805(h), which states:\n§ 192.805 Qualification Program\nEach operator shall have and follow a written qualification\nprogram. The program shall include provisions to:\n(a) . . . .\n(h) After December 16, 2004, provide training, as appropriate to\nensure that individuals performing covered tasks have the necessary\nknowledge and skills to perform the tasks in a manner that ensures\nthe safe operation of pipeline facilities; and\nThe Notice alleged that Respondent violated 49 CFR § 192.805(h) by failing to provide training,\nas appropriate, to ensure that individuals performing covered tasks have the necessary\nknowledge and skills to perform the tasks in a manner that ensures the safe operations of\npipeline facilities. Specifically, the Notice alleged that the City failed to provide training for the\ninstallation of special fittings, such as the Dresser Style 63 Type 1 expansion coupling. The Notice\nalleged that the City’s employees tasked with joining pipe with a Dresser Style 63 Type 1\nexpansion joint did not have the necessary knowledge and skills to perform the task in a manner\nthat ensures the safe operation of pipeline facilities, and the lack of requisite training resulted\nin a release of natural gas due to improper installation of the Dresser expansion coupling.\n\n\n\nThe City did not contest this allegation of violation. In its Response, the City requested the\nmodification or suspension of the associated Proposed Compliance Order, as discussed further\nbelow.\nAccordingly, based upon a review of all the evidence, I find that Respondent violated 49 CFR\n§ 192.805(h) by failing to provide training, as appropriate, to ensure that individuals performing\ncovered tasks have the necessary knowledge and skills to perform the tasks in a manner that\nensures the safe operations of pipeline facilities.\nThese findings of violation will be considered prior offenses in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1 and 2 for violations of 49 CFR\n§§ 192.605(a), and 192.805(h), respectively. Under 49 U.S.C. § 60118(a), each person who\nengages in the transportation of hazardous liquids or who owns or operates a pipeline facility is\nrequired to comply with the applicable safety standards established under chapter 601.\nWith regard to both the violation of section 192.605(a) (Item 1) and the violation of section\n192.805(h) (Item 2), Respondent argued the compliance terms should be suspended or\nmodified. The City stated that it updated its Operator Qualification (OQ) Program to include\ncontent on the installation of restraining and non-restraining expansion couplings, including\nspecial fittings such as Dresser Style 63, that all of its gas construction inspectors and\nsupervisors had completed the training, and that it had scheduled a live training to cover the\ninstallation process for the Dresser Style 63 Expansion Coupling. In the recommendation for\nfinal action, the Director stated that the City had not provided the updated OQ program, OQ\ntraining records, details of the live training, or any other supporting documentation. The\nDirector stated that without these records, which are required under the Proposed Compliance\nOrder, it is not possible to determine if the City has complied with the proposed corrective\nmeasures.\nFor the above reasons, the Compliance Order is not withdrawn or modified, as set forth below.\nPursuant to the authority of 49 U.S.C. § 60118(b) and 49 CFR § 190.217, Respondent is ordered\nto take the following actions to ensure compliance with the pipeline safety regulations applicable\nto its operations:\n1. With respect to the violation of section 192.605(a) (Item 1), Respondent must,\nwithin 90 days of receipt of the Final Order, develop and implement a training\nprogram focused on special fittings such as Dresser Style. City gas utility construction\nand maintenance personnel shall be trained with the updated content and requalified\nfor the covered task.\n2. With respect to the violation of section 192.805(h) (Item 2), Respondent must\nupdate its OQ training program to specifically include training on the\ninstallation of restraining and non-restraining expansion couplings, including special\n\n\n\nfittings such as Dresser Style 63 and provide the updated training program to the\nDirector, Eastern Region, within 90 days of receipt of the Final Order.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nPHMSA requests that Respondent maintain documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to the Director. It is\nrequested that these costs be reported in two categories: (1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses; and (2) total cost\nassociated with replacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in administrative assessment of civil\npenalties exceeding $200,000, as adjusted for inflation (see 49 CFR § 190.223 for adjusted\namounts), for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nUnder 49 CFR § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address. The written petition must be received no later than\n20 days after receipt of the Final Order by Respondent. Any petition submitted must contain a\nstatement of the issue(s) and meet all other requirements of 49 CFR § 190.243. The filing of a\npetition automatically stays the payment of any civil penalty assessed. The other terms of the order,\nincluding corrective action, remain in effect unless the Associate Administrator, upon request,\ngrants a stay. The terms and conditions of this Final Order are effective upon service in\naccordance with 49 CFR § 190.5.\n___________________________________ __________________________\nLinda Daugherty Date Issued\nActing Associate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":13778}