{"operation":"document","citation":"CPF 12025032WL","title":"DANVILLE, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2025-08-14","effective_on":null,"summary":"CLOSED warning letter citing 192.805(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025032wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025032wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025032wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12025032WL","body":"Warning Letter involving DANVILLE, CITY OF. PHMSA's enforcement data identifies the cited regulation as 192.805(b). The case was opened on 2025-08-14 and is reported as closed as of 2025-08-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12025032WL_Warning Letter_08142025_(25-345622).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025032WL/12025032WL_Warning%20Letter_08142025_(25-345622).pdf\n\n12025032WL_Warning Letter_08142025_(25-345622)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025032WL/12025032WL_Warning%20Letter_08142025_(25-345622)_text.pdf\n\n12025032WL_Warning Letter_08142025_(25-345622)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: bustaja@danvilleva.gov\nAugust 14, 2025\nMr. Jeff Bustamante\nDirector of Water and Gas\nCity of Danville\nCity of Danville Utilities, Water & Gas Division\n1040 Monument Street\nDanville, Virginia 24541\nCPF 1-2025-032-WL\nDear Mr. Bustamante:\nOn August 29, 2024 an inspector from the Virginia State Corporation Commission, Division of\nPipeline 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.), conducted\nan inspection of the City of Danville’s (City) pipeline near 161 New Street in Danville, Virginia.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. § 192.805 Qualification program.\nEach operator shall have and follow a written qualification program.\nThe program shall include provisions to:\n(a) …\n(b) Ensure through evaluation that individuals performing covered\ntasks are qualified;\nThe City failed to ensure through evaluation that individuals performing covered tasks are\nqualified. Specifically, the City permitted an individual to perform a covered task despite the fact\nthat they were no longer qualified to perform that task as required by section 192.805(b).\nDuring the inspection on August 29, 2024, the VA SCC inspector observed a City crew that had\njust completed abandonment of a service line. This abandonment involved purging the service\n\n\n\nline out-of-service, which is a covered task within the City’s Natural Gas Operator Qualification\nPlan (05/20/2024) (OQ Plan). The required covered task for this work in the OQ Plan is titled\n“ASME-1651 Purging of Flammable or Inert Gas” (ASME 1651).\nAt the time of inspection, the City was unable to provide records demonstrating that the individual\nwho performed the purge held a current ASME-1651 qualification. Following the inspection, the\nCity provided the individual’s qualification record for task ASME-1651, which demonstrated the\nqualification was last earned on January 24, 2020.\nOQ Plan, Section 4.4 addresses evaluating individuals who perform covered tasks and states, in\npart: “Following the initial evaluation and qualification, each individual performing Covered\nTasks on the City’s system shall be required to be re-evaluated at specific intervals. The methods\nand means for re-evaluation must be passed and documented within the re-evaluation interval\nperiod specified in Appendix D.”\nOQ Plan, Appendix D identifies training and a knowledge test as the required re-evaluation\nmethods for ASME-1651. The task has a three-year re-evaluation interval. The City was unable\nto provide any subsequent qualification record, indicating that the individual’s qualifications\nexpired prior to the work being performed.\nTherefore, the City failed to ensure through evaluation that individuals performing covered tasks\nare qualified as required by section 192.805(b).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$272,926 per violation per day the violation persists, up to a maximum of $2,729,245 for a related\nseries of violations. For violation occurring on or after December 28, 2023 and before December\n30, 2024, the maximum penalty may not exceed $266,015 per violation per day the violation\npersists, up to a maximum of $2,660,135 for a related series of violations. For violation occurring\non or after January 6, 2023 and before December 28, 2023, the maximum penalty may not exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related\nseries of violations. For violation occurring on or after March 21, 2022 and before January 6,\n2023, the maximum penalty may not exceed $239,142 per violation per day the violation persists,\nup to a maximum of $2,391,142 for a related series of violations. For violation occurring on or\nafter May 3, 2021 and before March 21, 2022, the maximum penalty may not exceed $225,134\nper violation per day the violation persists, up to a maximum of $2,251,334 for a related series of\nviolations. For violation occurring on or after January 11, 2021 and before May 3, 2021, the\nmaximum penalty may not exceed $222,504 per violation per day the violation persists, up to a\nmaximum of $2,225,034 for a related series of violations. For violation occurring on or after July\n31, 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.\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 item identified in this letter. Failure to do so may result in City\nof Danville being subject to additional enforcement action.\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2025-032-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).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":6530}