{"operation":"document","citation":"CPF 12026042WL","title":"RICHMOND, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2026-03-17","effective_on":null,"summary":"CLOSED warning letter citing 192.283(a), 192.285(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026042wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026042wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026042wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12026042WL","body":"Warning Letter involving RICHMOND, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.283(a),  192.285(a). The case was opened on 2026-03-17 and is reported as closed as of 2026-03-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12026042WL_Warning Letter_03172026_(26-364025).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026042WL/12026042WL_Warning%20Letter_03172026_(26-364025).pdf\n\n12026042WL_Warning Letter_03172026_(26-364025)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026042WL/12026042WL_Warning%20Letter_03172026_(26-364025)_text.pdf\n\n12026042WL_Warning Letter_03172026_(26-364025)_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 17, 2026\nMr. Daniel Rifenburgh, Director\nCity of Richmond\n400 Richmond Highway\nRichmond, Virginia 23224\nCPF 1-2026-042-WL\nDear Mr. Rifenburgh:\nBetween February 26, 2025 and October 23, 2025 an inspector from the Virginia State Corporation\nCommission, Division of Pipeline Safety (VA SCC), acting as an 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) pipeline near 37 Huneycutt Drive,\nHenrico, Virginia.\nAs a result of the inspection, it is alleged that the City has 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. § 192.283 Plastic pipe: Qualifying joining procedures.\n(a) Heat fusion, solvent cement, and adhesive joints. Before any written procedure\nestablished under § 192.273(b) is used for making plastic pipe joints by a heat\nfusion, solvent cement, or adhesive method, the procedure must be qualified by\nsubjecting specimen joints that are made according to the procedure to the\nfollowing tests, as applicable:\n(1) The test requirements of—\n(i) …\n(ii) In the case of thermosetting plastic pipe, paragraph 8.5 (Minimum\nHydrostatic Burst Pressure) or paragraph 8.9 (Sustained Static Pressure\nTest) of ASTM D2517 (incorporated by reference, see § 192.7).\n\n\n\nCPF 1-2026-042-WL\n(iii) In the case of electrofusion fittings for polyethylene (PE) pipe and tubing,\nparagraph 9.1 (Minimum Hydraulic Burst Pressure Test), paragraph 9.2\n(Sustained Pressure Test), paragraph 9.3 (Tensile Strength Test), or\nparagraph 9.4 (Joint Integrity Tests) of ASTM F1055 (incorporated by\nreference, see § 192.7).\nThe City failed to qualify its electrofusion joining procedure in accordance with applicable testing\nrequirements.\nAt the time of VA SCC Staff’s initial inspection effort on February 26, 2025, the City had been\nutilizing a generic electrofusion joining procedure provided by Energy World Net (“EWN”) to\nqualify its joining personnel to make electrofusion joints. Personnel qualifying to make\nelectrofusion joints on the City’s gas distribution system were required to make specimen joints\nusing the EWN procedure to qualify pursuant to 49 C.F.R. § 192.285 (a)(2).\n49 C.F.R. § 192.283 (a)(1)(iii) requires operators to qualify electrofusion joining procedures by\nsubjecting specimen joints made in accordance with the applicable procedure to, in the case of\nelectrofusion fittings, applicable sections of ASTM F1055-98 (2006) (as incorporated by reference\nin 49 C.F.R. § 192.7).\nThe City was unable to provide records to demonstrate that such specimen joint testing had been\nconducted with the EWN procedure. Therefore, the EWN procedure, which the City had been\nusing to qualify joining personnel, was not a qualified joining procedure. As stated in the City’s\nresponse to the initial Notice of Investigation, “the City erroneously believed that the procedure in\nthe EWN training was a qualified procedure under 49 CFR 192.283(a).”\nThe City failed to follow its manual of written procedures by utilizing mechanized equipment in\nclose proximity to an exposed gas service line.\n2. § 192.285 Plastic pipe: Qualifying persons to make joints.\n(a) No person may make a plastic pipe joint unless that person has been qualified\nunder the applicable joining procedure by:\n(1) Appropriate training or experience in the use of the procedure; and\n(2) Making a specimen joint from pipe sections joined according to the procedure\nthat passes the inspection and test set forth in paragraph (b) of this section.\nThe City failed to qualify persons to create plastic pipe joints under the applicable joining\nprocedures.\nDuring the inspection, the VA SCC inspector found that the City installed electrofusion fittings\nfrom a variety of manufacturers.\nVolume 2, Chapter 3, Section 5 of the City’s Operations and Maintenance Procedures Manual\n(“O&M Plan”) (effective date of May 7, 2018), which was in effect at the time of the inspection,\nstates: “The ability of fusers of polyethylene pipe to make sound joints will be determined by\nevaluating test joints using the polyethylene pipe manufacturer’s suggested guidelines.” It also\nPage 2 of 4\n\n\n\nCPF 1-2026-042-WL\nstates: “Always refer to the manufacturer’s procedure.” The City’s O&M Plan required joining\npersonnel to follow manufacturer procedures when fusing plastic pipe.\nWhile the City required its joining personnel to follow unique manufacturer procedures while\ninstalling electrofusion fittings, Staff found that the City had only been qualifying its joining\npersonnel to a singular, generic Energy World Net procedure. Therefore, joining personnel were\nnot being qualified to each of the manufacturer procedures, which the City’s O&M Plan required\njoining personnel to follow.\n49 C.F.R. § 192.285 (a) and (c) requires plastic pipe fusion qualification to be provided each\ncalendar year to joining personnel for each applicable joining procedure (emphasis added). A\nNovember 12, 1992, interpretation letter (“Letter”) from the Pipeline and Hazardous Materials\nSafety Administration’s predecessor, the Research and Special Programs Administration, indicates\nthat 49 C.F.R. § 192.285 qualification is based on the joining procedure. The Letter indicates that\nif plastic pipe is to be joined with a different procedure, the person performing the joining would\nhave to qualify in the use of that procedure, as well.\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.\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 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 1-2026-042-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\nPage 3 of 4\n\n\n\nCPF 1-2026-042-WL\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\nPage 4 of 4","truncated":false,"body_characters":9330}