# SUNOCO PIPELINE L.P. — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

120125021_Closure Letter_03072014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125021/120125021_Closure%20Letter_03072014.pdf

120125021_Closure Letter_03072014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125021/120125021_Closure%20Letter_03072014_text.pdf

120125021_Final Order_07012013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125021/120125021_Final%20Order_07012013.pdf

120125021_Final Order_07012013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125021/120125021_Final%20Order_07012013_text.pdf

120125021_NOPV_PCO_12032012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125021/120125021_NOPV_PCO_12032012.pdf

120125021_NOPV_PCO_12032012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125021/120125021_NOPV_PCO_12032012_text.pdf

120125021_Closure Letter_03072014_text.pdf

U.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

JULY 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



U.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).



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§ 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



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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
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