SUNOCO PIPELINE L.P. — Notice of Probable Violation

case documentOfficial PDF120125021_NOPV_PCO_12032012.pdf#

case documentOfficial PDF120125021_NOPV_PCO_12032012_text.pdf#

120125021_Closure Letter_03072014_text.pdf, page 1Official PDFU.S. Department Of Transportation Pipeline and 609.989.2171 Hazardous Materials Safety Administration 820 Bear Tavern Road, Suite 103 West Trenton, NJ 08628 OVERNIGHT EXPRESS DELIVERY March 07, 2014 David Chalson Vice President, Operations Sunoco Pipeline L.P. 4041 Market Street Aston, PA 19104 CPF 1-2012-5021 Dear Mr. Chalson: On July 1, 2013, the Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety, issued to Sunoco Pipeline L.P. a Final Order in the above-referenced case. This Order included a Compliance Order. Based on our review of the documentation you provided, it has been determined that you have complied with the terms of this Order. Accordingly, this case is now closed and no further action is contemplated with respect to the matters involved in this case. Thank you for your cooperation in this matter. Sincerely, Byron Coy, PE Director, Eastern Region Pipeline and Hazardous Materials Safety Administration#

120125021_Final Order_07012013_text.pdf, page 1Official PDFJULY 1, 2013 Mr. Michael J. Hennigan President and Chief Executive Officer Sunoco Pipeline, LP 525 Fritztown Road Sinking Spring, PA 19608 Re: CPF No. 1-2012-5021 Dear Mr. Hennigan: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation and specifies actions that need to be taken by Sunoco Pipeline, LP, to comply with the pipeline safety regulations. When the terms of the compliance order have been completed, as determined by the Director, Eastern Region, this enforcement action will be closed. Service of the Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Jeffrey D. Wiese Associate Administrator for Pipeline Safety Enclosure cc: Mr. Byron Coy, PE, Director, Eastern Region, OPS Mr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS Mr. David R. Chalson, Senior Vice President, Operations, Sunoco Pipeline L.P. CERTIFIED MAIL - RETURN RECEIPT REQUESTED#

120125021_Final Order_07012013_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ ) In the Matter of ) ) Sunoco Pipeline, LP, ) CPF No. 1-2012-5021 ) Respondent. ) ____________________________________) FINAL ORDER From May 23 – 27, 2011, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), inspected the public awareness program of Sunoco Pipeline, LP, (Sunoco or Respondent) in Sinking Spring, Pennsylvania. Sunoco operates 4,900 miles of crude oil pipelines in the southwest and midwest regions, 2,500 miles of refined products pipelines in the northeast, midwest and gulf coast regions, and 40 active terminal facilities in the northeast, southwest, and midwest regions of the United States.1 As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent, by letter dated December 3, 2012, a Notice of Probable Violation and Proposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Sunoco had violated 49 C.F.R. § 195.440(c) and proposed ordering Respondent to take certain measures to correct the alleged violation. Sunoco responded to the Notice by letter dated December 27, 2012 (Response). The company did not contest the allegation of violation and provided information concerning the corrective actions it planned to take. Respondent did not request a hearing and therefore has waived its right to one. FINDING OF VIOLATION In its Response, Sunoco did not contest the allegation in the Notice that it violated 49 C.F.R. Part 195, as follows: Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.440(c), which states: 1 See http://www.sunocologistics.com/Customers/Business-Lines/52/ (last accessed June 17, 2013).#

120125021_Final Order_07012013_text.pdf, page 32 § 195.440(c) Public awareness. (a) Each pipeline operator must develop and implement a written continuing public education program that follows the guidance provided in the American Petroleum Institute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see § 195.3). (b) . . . (c) The operator must follow the general program recommendations, including baseline and supplemental requirements of API RP 1162, unless the operator provides justification in its program or procedural manual as to why compliance with all or certain provisions of the recommended practice is not practicable and not necessary for safety. The Notice alleged that Respondent violated 49 C.F.R. § 195.440(c) by failing to follow the general program recommendations of API RP 1162 in developing and implementing a written continuing public awareness program, and failing to provide justification in its program or procedural manual as to why compliance with certain provisions of the recommended practice was not practicable and not necessary for safety. Specifically, the Notice alleged that Sunoco’s written public awareness program did not include an effectiveness evaluation process as recommended by Section 8.4, “Measuring Program Effectiveness,” of API RP 1162, and that Sunoco failed to complete an effectiveness evaluation to determine whether the public awareness information was reaching the intended stakeholder audiences. Respondent did not contest this allegation of violation. Accordingly, based upon a review of all of the evidence, I find that Respondent violated 49 C.F.R. § 195.440(c) by failing to follow the general program recommendations of API RP 1162 in developing and implementing a written continuing public awareness program. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. COMPLIANCE ORDER The Notice proposed a compliance order with respect to Item 1 in the Notice for violation of 49 C.F.R. § 195.440(c). Under 49 U.S.C. § 60118(a), each person who engages in the transportation of hazardous liquids or who owns or operates a pipeline facility is required to comply with the applicable safety standards established under chapter 601. Pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following actions to ensure compliance with the pipeline safety regulations applicable to its operations: 1. With respect to the violation of § 195.440(c) (Item 1), Respondent must include an analysis of whether the required public awareness information reaches the intended stakeholder audiences in its written process to assess the effectiveness of its public awareness program. Respondent must evaluate the effectiveness of the#

120125021_Final Order_07012013_text.pdf, page 43 delivery method of its most recent mailing in accordance with this written procedure. Based on the results of the evaluation, Respondent must make any necessary improvements to its public awareness program. Respondent must provide documentation showing completion of this Item within 120 days of receipt of the Final Order. The Director may grant an extension of time to comply upon a written request timely submitted by the Respondent and demonstrating good cause for an extension. Failure to comply with this Order may result in the administrative assessment of civil penalties not to exceed $200,000 for each violation for each day the violation continues or in referral to the Attorney General for appropriate relief in a district court of the United States. The terms and conditions of this Final Order are effective upon service in accordance with 49 C.F.R. § 190.5. ___________________________________ __________________________ Jeffrey D. Wiese Date Issued Associate Administrator for Pipeline Safety#