{"operation":"document","citation":"CPF 120125021","title":"SUNOCO PIPELINE L.P. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-12-03","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.440(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120125021.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120125021.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120125021","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120125021","body":"Notice of Probable Violation involving SUNOCO PIPELINE L.P.. PHMSA's enforcement data identifies the cited regulation as 195.440(c). The case was opened on 2012-12-03 and is reported as closed as of 2014-03-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120125021_Closure Letter_03072014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125021/120125021_Closure%20Letter_03072014.pdf\n\n120125021_Closure Letter_03072014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125021/120125021_Closure%20Letter_03072014_text.pdf\n\n120125021_Final Order_07012013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125021/120125021_Final%20Order_07012013.pdf\n\n120125021_Final Order_07012013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125021/120125021_Final%20Order_07012013_text.pdf\n\n120125021_NOPV_PCO_12032012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125021/120125021_NOPV_PCO_12032012.pdf\n\n120125021_NOPV_PCO_12032012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125021/120125021_NOPV_PCO_12032012_text.pdf\n\n120125021_Closure Letter_03072014_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nOVERNIGHT EXPRESS DELIVERY\nMarch 07, 2014\nDavid Chalson\nVice President, Operations\nSunoco Pipeline L.P.\n4041 Market Street\nAston, PA 19104\nCPF 1-2012-5021\nDear Mr. Chalson:\nOn July 1, 2013, the Pipeline and Hazardous Materials Safety Administration, Office of Pipeline\nSafety, issued to Sunoco Pipeline L.P. a Final Order in the above-referenced case. This Order\nincluded a Compliance Order. Based on our review of the documentation you provided, it has\nbeen determined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n120125021_Final Order_07012013_text.pdf\n\nJULY 1, 2013\nMr. Michael J. Hennigan\nPresident and Chief Executive Officer\nSunoco Pipeline, LP\n525 Fritztown Road\nSinking Spring, PA 19608\nRe: CPF No. 1-2012-5021\nDear Mr. Hennigan:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and specifies actions that need to be taken by Sunoco Pipeline, LP, to comply with the\npipeline safety regulations. When the terms of the compliance order have been completed, as\ndetermined by the Director, Eastern Region, this enforcement action will be closed. Service of\nthe Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise\nprovided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Byron Coy, PE, Director, Eastern Region, OPS\nMr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS\nMr. David R. Chalson, Senior Vice President, Operations, Sunoco Pipeline L.P.\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nSunoco Pipeline, LP, ) CPF No. 1-2012-5021\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom May 23 – 27, 2011, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\ninspected the public awareness program of Sunoco Pipeline, LP, (Sunoco or Respondent) in\nSinking Spring, Pennsylvania. Sunoco operates 4,900 miles of crude oil pipelines in the\nsouthwest and midwest regions, 2,500 miles of refined products pipelines in the northeast,\nmidwest and gulf coast regions, and 40 active terminal facilities in the northeast, southwest, and\nmidwest regions of the United States.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated December 3, 2012, a Notice of Probable Violation and Proposed Compliance\nOrder (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that\nSunoco had violated 49 C.F.R. § 195.440(c) and proposed ordering Respondent to take certain\nmeasures to correct the alleged violation.\nSunoco responded to the Notice by letter dated December 27, 2012 (Response). The company\ndid not contest the allegation of violation and provided information concerning the corrective\nactions it planned to take. Respondent did not request a hearing and therefore has waived its\nright to one.\nFINDING OF VIOLATION\nIn its Response, Sunoco did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.440(c), which states:\n1 See http://www.sunocologistics.com/Customers/Business-Lines/52/ (last accessed June 17, 2013).\n\n\n\n2\n§ 195.440(c) Public awareness.\n(a) Each pipeline operator must develop and implement a written\ncontinuing public education program that follows the guidance provided in\nthe American Petroleum Institute's (API) Recommended Practice (RP)\n1162 (incorporated by reference, see § 195.3).\n(b) . . .\n(c) The operator must follow the general program recommendations,\nincluding baseline and supplemental requirements of API RP 1162, unless\nthe operator provides justification in its program or procedural manual as\nto why compliance with all or certain provisions of the recommended\npractice is not practicable and not necessary for safety.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.440(c) by failing to follow the\ngeneral program recommendations of API RP 1162 in developing and implementing a written\ncontinuing public awareness program, and failing to provide justification in its program or\nprocedural manual as to why compliance with certain provisions of the recommended practice\nwas not practicable and not necessary for safety. Specifically, the Notice alleged that Sunoco’s\nwritten public awareness program did not include an effectiveness evaluation process as\nrecommended by Section 8.4, “Measuring Program Effectiveness,” of API RP 1162, and that\nSunoco failed to complete an effectiveness evaluation to determine whether the public awareness\ninformation was reaching the intended stakeholder audiences.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.440(c) by failing to follow the\ngeneral program recommendations of API RP 1162 in developing and implementing a written\ncontinuing public awareness program.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violation of\n49 C.F.R. § 195.440(c). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601. Pursuant to the\nauthority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the\nfollowing actions to ensure compliance with the pipeline safety regulations applicable to its\noperations:\n1. With respect to the violation of § 195.440(c) (Item 1), Respondent must include\nan analysis of whether the required public awareness information reaches the\nintended stakeholder audiences in its written process to assess the effectiveness of\nits public awareness program. Respondent must evaluate the effectiveness of the\n\n\n\n3\ndelivery method of its most recent mailing in accordance with this written\nprocedure. Based on the results of the evaluation, Respondent must make any\nnecessary improvements to its public awareness program. Respondent must\nprovide documentation showing completion of this Item within 120 days of\nreceipt of the Final Order.\nThe Director may grant an extension of time to comply upon a written request timely submitted\nby the Respondent and demonstrating good cause for an extension.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8984}