# SUNOCO PIPELINE LP — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 120025005
- **title:** SUNOCO PIPELINE LP — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2002-07-03
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 195.452(b).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-120025005.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-120025005.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-120025005
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/120025005
**body:**

Notice of Probable Violation involving SUNOCO PIPELINE LP. PHMSA's enforcement data identifies the cited regulation as 195.452(b). The case was opened on 2002-07-03 and is reported as closed as of 2006-06-30. Proposed civil penalty: $10,000. Assessed civil penalty: $5,000. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

120025005_Final Order_06232003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120025005/120025005_Final%20Order_06232003.pdf

120025005_final order_06232003_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120025005/120025005_final%20order_06232003_text.pdf

cpf120025005o.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120025005/cpf120025005o.pdf

cpf120025005o_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120025005/cpf120025005o_text.pdf

120025005_final order_06232003_text.pdf

o
U 5 Deportment
ot Tionspoilot toft
Research and
Special Programs
Administration
400 Seventh St S w
Washington 0 C 20590
JUN 23 2003
Mr David Justin
Vice President
Sunoco Pipeline, L P
Ten Penn Center
1801 Market Street
Philadelphia, PA 19103
Re CPF No 1-2002-5005
Dear Mr Justm
Enclosed is the Final Order issued by the Associate Adnunistrator for Pipehne Safety in the
above-referenced case It makes a finding of violation, assesses a civil penalty of $5, 000, and
requires the amendment of certain of your integnty management program procedures The Final
Order also finds that you have completed the Proposed Compliance Order item set forth in the
Notice When the civil penalty is paid and the amendment of procedures completed, as determmed
by the Director, Eastern Region, OPS, this enforcement action will be closed The penalty payment
terms are set forth in the Final Order Your receipt of the Final Order constitutes service of that
document under 49 CF R ) 190 5
Sincerely,
Q~t-rent-Io~ k. 4a 1'
Gwendolyn M Hill
Pipeline Comphance Registry
Office of Pipeline Safety
Enclosure
CERTIFIED MAIL - RETURN RECEIPT RE UESTED



DEPARTMENT OF TRANSPORTATION
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
In the Matter of
Sunoco Pipeline, L P
Respondent
CPF No 1-2002-5005
FINAL ORDER
On March 5-7, 2002, pursuant to 49 U S C ) 60117, representatives of the Eastern and Southwest
Regions, Office of Pipehne Safety (OPS) inspected Sunoco Pipeline L P 's (Respondent's) integri y
management program at Respondent's facility in Philadelphia, Pennsylvania As a result of the
inspection, the Director, Eastern Region, OPS, issued to Respondent, by letter dated July 3, 2002,
a Notice of Probable Violation, Proposed Civil Penalty, Proposed Comphance Order, and Notice of
Amendment (Notice) In accordance with 49 C F R tJ 190 207, the Notice proposed finding that
Respondent had violated 49 C F R tJ 195 452(b), proposed assessing a civil penalty of $10, 000 for
the alleged violation, and proposed that Respondent take certain measures to correct the alleged
violation The Notice also proposed, in accordance with 49 C F R tJ 190 237, that Respon ent
amend its integrity management program procedures
Respondent responded to the Notice by letters dated August 2 and 10, 2002 (Response) Respondent
imtially contested the allegation of violation, offered an explanation, and requested a heanng By
d edJanu 16 2003, Respondentdemonstratedthatithadcompletedthemeasurestocorrect
the alleged violation that was proposed in the Notice By letter dated February 12, 2003, espon en
provided information in mitigation of the proposed civil penalty for the alleged violation, an
mformation outhning certain modifications it made to its integrity management procedures after
receiving the Notice y et er a e e ru
B I t d t dF b ary28 2003 Respondentprovidedfurtherinformation
in mitigation of the proposed civil penalty and informed OPS that it was no longer contesting the
allegation of violation y et er
B I t dated March 5 2003 Respondent withdrew its request for a
heanng
FINDING OF VIOLATION
In R its esponse, as
supplemented, Respondent did not contest the alleged violation in the Notice
Accordingly I find that Respondent violated the following section of 49
fully described in the Notice



49 C F R tJ 195 452(b) — failing to identify all of its pipeline segments that could affect a
lugh consequence area (HCA) by the December 31, 2001 deadline
This finding of violation will be considered a pnor offense m any subsequent enforcement action
taken against Respondent
ASSESSMENT OF PENALTY
Under 49 U S C tJ 60122, Respondent is sub)ect to a civil penalty not to exceed $100, 000 per
violation for each day of the violation up to a maximum of $1, 000, 000 for any related senes of
violations
49 U S C tJ 60122 and 49 C F R ) 190 225 require that, in determining the amount of the civil
penalty I consider the following criteria nature, circumstances, and gravity of the violation, degree
of Respondent's culpability, history of Respondent's pnor offenses, Respondent's abihty to pay the
penalty, good faith by Respondent m attemptmg to achieve comphance, the effect on Respondent's
ability to connnue in business, and such other matters as Justice may require
The Notice proposed a total civil penalty of $10, 000 for violation of tJ 195 452(b), Respondent's
failure to identify drinking water and ecological HCAs in seven states and resulting failure to identify
all of its pipeline segments that could affect those HCAs by the December 31, 2001 deadline A full
and accurate identification of all pipeline segments that could affect HCAs is a crucial first step in
the integnty management process Determining which pipehne segments are located in or near
HCAs requires first identifying the HCAs themselves Under ) 195 452(b), Respondent was
obhgated to do so, even where areas meetmg the defimtion of a HCA were not yet designated as such
m the Department of Transportation's National Pipeline Mapping System After receiving the
Notice, however, Respondent demonstrated good faith in attempting to come into compliance In
its response letters, Respondent acknowledged that it failed to identify its pipelme segments that
could affect the referenced dnnking water and ecological HCAs prior to the deadhne Notably,
Respondent took timely corrective action and has now identified additional pipeline segments that
could affect HCAs after incorporating drmktng water and ecological HCAs in Arkansas, Kentucky,
Tennessee, Michigan, New York, New Jersey, and Pennsylvania, and has submitted a revised list
of its pipeline segments that could affect HCAs to OPS Respondent has also expressed its intent
to bnng its integrity management procedures mto comphance m accordance with the Notice
Accordingly, having reviewed the record and consideredthe assessment criteria, I assess Respondent
a total civd penalty of $5, 000 for the violation
Payment of the civil penalty must be made witlun 20 days of service Payment may be made by
sendm a certified check or money order (containing the CPF Number for this case) payable to "U S
Department of Transportation" to the Federal Aviation Administration, Mike Monroney Aeronautical
Center Financial Operations Division (AMZ-120), P 0 Box 25770, Oklahoma City, OK 73125
)



Federal regulations (49 C F R $ 89 21(b)(3)) also permit this payment to be made by wire transfer,
through the Federal Reserve Commumcations System (Fedwire), to the account o f the U S Treasury
Detailed instructions are contamed in the enclosure Questions concerning wire transfers should be
directed to Financial Operations Division (AMZ-120), Federal Aviation Admiiustration, Mike
Monroney Aeronautical Center, P 0 Box 25770, Oklahoma City, OK 73125, (405) 954-4719
Failure to pay the $5, 000 civil penalty will result in accrual of interest at the current annual rate in
accordance with 31 U S C ) 3717, 31 C F R $ 901 9 and 49 C F R IJ 89 23 Pursuant to those same
authonties, a late penalty charge of six percent (65') per annum will be charged if payment is not
made within 110 days of service Furthermore, failure to pay the civil penalty may result in referral
of the matter to the Attorney General for appropnate action in a United States Distnct Court
COMPLIANCE ORDER
The Notice proposed a Compliance Order in connection with the above-referenced violation of
49 C F R ) 195 452(b) Respondent subsequently demonstrated corrective action meeting the
requirements of the proposed Compliance Order Respondent has now identified additional pipehne
segments that could affect HCAs after incorporating dnnking water and ecological HCAs in
Arkansas, Kentucky, Tennessee, Michigan, New York, New Jersey, and Pennsylvania, and has
submitted a revised hst of its pipehne segments that could affect HCAs Because Respondent's
actions satisfy the terms of the proposed Compliance Order, issuance of a Comp hance Order is not
necessary
AMENDMENT OF PROCEDURES
The Notice alleged inadequacies in Respondent's inte~ty management program procedures and
proposed to require amendment of Respondent's segment identification procedures to comply with
the requirements of 49 C F R ) 195 452 In its response letters, Respondent indicated that it had
revised several elements of its segment identification procedures Although these revisions were
summanzed in the response letters, the revised procedures themselves were not appended
Therefore, there is insufficient information to determine whether the revisions address all of the
inadequacies descnbed in the Notice
Accordmgly, I find that Respondent's procedures are inadequate to assure the safe operation of its
pipehne system Pursuant to 49 U S C IJ 60108(a) and 49 C F R tJ 190 237, Respondent is ordered
to make the following changes to its integnty management program procedures
I Amend the procedures to provide adequate techmcal Justification for determining the extent
of the air dispersion buffer zones used to identify pipeline segments that could affect HCAs
by includmg an accepted, technically sound vapor cloud dispersion analysis for highly
volatile liquid (HVL) pipeline segments
2 Am d th dures to provide adequate technical ]ustification for determining the extent
en e proce e b full
of the buffer zones used to identify pipeline segments that could affect HCAs y u y
accounting for the flow charactenstics of commercially navigable waterways and minor
streams in the vicimty of its pipelines that can transport releases of commodity to HCAs



3 Amend the procedures to provide adequate techmcal Iustification for determining the extent
of the buffer zones used to identify pipeline segments that could affect HCAs by including
an accepted, technically sound land flow analysis using site-specific spill modeling that
incorporates factors such as topological and hydraulic gradients that could stretch the spi
pool footpnnt, or alternatively, provide adequate techmcal lusti fications demonstrating that
the overland flow assumptions being used are consistent with conservative or worst case
discharge scenarios
4 Amend the procedures to include a field vahdation and quality assurance review of the
results of the segment identification process to ensure that all pipeline segments that could
affect a HCA have been identified
5 Withm 30 days following receipt of this Fmal Order, submit the amended procedures and all
technical Iustifications demonstrating compliance with this Order to the Director, Eastern
Region Office ofPipehne Safety, 400 7 Street, SW, Room 7128, Washington, DC 20590
g
The Director, Eastern Region, OPS, may grant an extension of time to comply with any of the
required items upon a wntten request by the Respondent demonstratmg good cause for an extension
Failure to comply with this Order may result in the assessment of civil penalties of up to $100, 000
per violation per day, or in the referral of the case for Iudhcial enforcement
Under 49 C F R $ 190 215, Respondent has a nght to petition for reconsideration of this Final
Order However, if the civil penalty is paid, Respondent waives the nght to petition or
reconsideration The filing of a pehtion for reconsideration automahcally stays the payment of any
civil penalty assessed The petition must be received within 20 days of Respondettt's recept of thts
Final Order and must contain a brief statement of the issue(s) All other terms of the order, including
any required corrective action, remain in full effect unless the Associate Admmistrator, upon written
request, grants a stay The terms and conditions of this Final Order are effective on receipt
JLIN 23 2933
Date Issued
Stacey Gerard
Associate Admuustrator
for Pipehne Safety
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