{"operation":"document","citation":"CPF 12026009WL","title":"RICHMOND, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2026-03-02","effective_on":null,"summary":"CLOSED warning letter citing 192.805(c), 192.805(f).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026009wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026009wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026009wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12026009WL","body":"Warning Letter involving RICHMOND, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.805(c),  192.805(f). The case was opened on 2026-03-02 and is reported as closed as of 2026-03-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12026009WL_Warning Letter_03022026_(25-358391).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026009WL/12026009WL_Warning%20Letter_03022026_(25-358391).pdf\n\n12026009WL_Warning Letter_03022026_(25-358391)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026009WL/12026009WL_Warning%20Letter_03022026_(25-358391)_text.pdf\n\n12026009WL_Warning Letter_03022026_(25-358391)_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\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: daniel.rifenburgh@rva.gov\nMarch 2, 2026\nDaniel Rifenburgh\nDirector\nCity of Richmond\n400 Richmond Highway\nRichmond, Virginia 23224\nCPF 1-2026-009-WL\nDear Mr. Rifenburgh:\nOn November 12, 2024, an inspector from the Virginia State Corporation Commission, Division\nof Pipeline 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\nCity of Richmond’s (City) procedures for gas pipeline Operator Qualification (OQ) at 400\nRichmond Highway, Richmond, Virginia.\nAs a result of the inspection, it is alleged that the City has committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 192.805 Qualification program.\nEach operator shall have and follow a written qualification program.\nThe program shall include provisions to:\n(a) . . .\n(f) Communicate changes that affect covered tasks to individuals\nperforming those covered tasks;\nThe City of Richmond (City) failed to follow its written operator qualification program in\naccordance with section 192.805(f). Specifically, the City failed to follow its Richmond Gas Works\n\n\n\nCPF 1-2026-009-WL\nDOT Operator Qualification Program Plan (05/05/2024) (OQ Plan), section F, by failing to\ncommunicate changes that affect covered tasks to individuals performing covered tasks related to\npipeline expansion joint installation and operation of new electrofusion equipment.\nDuring the inspection, the VA SCC inspector reviewed the OQ Plan. Section F of the City’s OQ\nPlan addresses this requirement and stated in part:\nInitiation of the communication process to address changes impacting a Covered\nTask is the responsibility of the Compliance Engineer with assistance from subject\nmatter experts of the involved area the Gas O.Q. Training Manager and staff where\nwarranted or needed. Training and qualification materials will be modified as\napplicable to reflect changes. Changes affecting a Covered Task will be\ncommunicated to the individual(s) performing that task as soon as reasonably\npossible via the Notification of Change Form (See Exhibit A) and one, or a\ncombination, of the following methods: Written or oral instruction Department\nmeetings, Tailgate briefings, Training sessions, Technical mailings.\nDuring the inspection, the City was unable to present records showing completion of the\nNotification of Change form for changes associated with pipeline expansion joint installation and\nnew electrofusion equipment. The City furnished a record stating that on September 5, 2024,\ntraining commenced for new electrofusion equipment. The City was unable to produce a record\nshowing that its Notification of Change Form was completed as required by Section F of the City’s\nPlan.\nTherefore, the City failed to follow its written operator qualification program in accordance with\nsection 192.805(f).\n2. § 192.805 Qualification program.\nEach operator shall have and follow a written qualification\nprogram. The program shall include provisions to:\n(a) . . .\n(c) Allow individuals that are not qualified pursuant to this subpart\nto perform a covered task if directed and observed by an individual\nthat is qualified;\nThe City failed to follow its written operator qualification program in accordance with section\n192.805(c). Specifically, the City failed to follow its OQ Plan, section C, by failing to ensure\nindividuals that are not qualified pursuant to this subpart to perform a covered task are directed\nand observed by an individual that is qualified.\nDuring the inspection, the VA SCC inspector reviewed the OQ Plan. Section C of the OQ Plan\nstated, in part that “[t]he ratio of non-qualified individuals to qualified individuals span of control\nPage 2 of 4\n\n\n\nCPF 1-2026-009-WL\nshall not exceed one to one (1:1) for all covered tasks.” In addition, section J stated in part\n“Richmond Gas Works requires that all contractors whose employees (or subcontractors) perform\nCovered Tasks on behalf of Richmond Gas Works must have an OQ plan that is similar to, or\ncomparable (as determined by evaluation), to RGW’s latest OQ plan.”\nSoutheast Connections (SEC), a contractor working for the City, maintains span of control (SOC)\nlimits in appendix 5 of its own Operator Qualification Plan. Section 5 of the SEC plan allowed for\na SOC of 1-to-2 for the task of joining of threaded pipe joints, 1-to-4 for the task of joining flange\nassembly, 1-to-3 for the task of backfilling, 1-to-5 for the task of coating application and repair,\nand 1-to-2 for the task of purging flammable or inert gas. The City failed to follow its plan by\nallowing contractor personnel to maintain SOC ratios that exceed the City’s limit of 1-to-1.\nSection C of the OQ Plan prohibits a span of control for the task of gas purging operations. Section\nC stated, in part, that “[n]on-qualified individuals shall not perform the following tasks due to the\nnature of the required skills and knowledge: Fusion (includes Electro-Fusion, Welding, Tapping\nProcedures, and Gas Purging Operations.)” Southeast Connections allows for a SOC of 1-to-2 for\nthe task of purging flammable or inert gas.\nTherefore, the City failed to follow its written operator qualification program in accordance with\nsection 192.805(c).\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, 2023,\nthe maximum penalty may not exceed $239,142 per violation per day the violation persists, up to\na maximum of $2,391,142 for a related series of violations. For violation occurring on or after\nMay 3, 2021 and before March 21, 2022, the maximum penalty may not exceed $225,134 per\nviolation 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.\nPage 3 of 4\n\n\n\nCPF 1-2026-009-WL\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 may result in City\nof 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 1-2026-009-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\ncc: Eddie Childers, Operations Manager, City of Richmond, eddie.childers@rva.gov\nJarod Cath, Engineer, City of Richmond, Jarrod.Cath@rva.gov\nPage 4 of 4","truncated":false,"body_characters":9213}