{"operation":"document","citation":"CPF 120175025W","title":"SUNOCO PIPELINE L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-09-01","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a), 195.402(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175025w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175025w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175025w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120175025W","body":"Warning Letter involving SUNOCO PIPELINE L.P.. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(b). The case was opened on 2017-09-01 and is reported as closed as of 2017-09-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120175025W_Warning Letter_09012017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175025W/120175025W_Warning%20Letter_09012017.pdf\n\n120175025W_Warning Letter_09012017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175025W/120175025W_Warning%20Letter_09012017_text.pdf\n\n120175025W_Warning Letter_09012017_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nSeptember 1, 2017\nRyan Coffey\nExecutive Vice President of Operations\nSunoco Pipeline L.P.\n800 East Sonterra Boulevard\nSan Antonio, TX 78258\nCPF 1-2017-5025W\nDear Mr. Coffey:\nBetween April 11, 2016 and November 18, 2016, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) inspected Sunoco Pipeline L.P.’s (Sunoco) procedures and records for operations,\nmaintenance, and integrity management as part of an integrated inspection of Sunoco assets in\nDelaware, Michigan, New York, New Jersey, Ohio, and Pennsylvania.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (C.F.R.). The items inspected\nand the probable violations are:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall\nbe reviewed at intervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a pipeline\nsystem commence, and appropriate parts shall be kept at locations where\noperations and maintenance activities are conducted.\n\n\n\nCPF 1-2017-5025W\nSunoco failed to follow its procedures for operating, maintaining, and repairing the pipeline system\nin accordance with each of the requirements of this subpart and subpart H of 49 C.F.R. Part 195.\nSpecifically, Sunoco’s failed to follow its procedure for inspection of In-service breakout tanks by\nfailing to note conditions that warranted review by the facility manager, designated engineer, or\nauthorized inspectors.\nDuring the inspection, the PHMSA representative reviewed SPLP DOT 195 Maintenance Manual\nSection 195.432 Inspection of In-Service Breakout Tanks, Revised 3/27/15, (Procedure) and\nInstructions for Sun-42446-A Rev 0 (1/30/2015) Monthly Above Ground Tank Inspection Report\nForm (Instructions).\nThe Procedure states in part:\nDocumentation\n1. Sunoco Logistics Monthly Tank Inspection Report (Sun-42446-A) or equivalent\nCMMS report.\n…\nThe routine in-service inspection shall include a visual inspection of the tank’s exterior\nsurfaces, including foundation, shell and roof. Evidence of leaks; shell distortion; signs\nof settlement; corrosion; and damage or deterioration of the foundation, paint coatings,\ninsulation systems, and appurtenances or other potential problems shall be documented\nfor review by the facility manager or a designated engineer or authorized inspector.\nThe Instructions, Section 2, Foundations, states in part:\na. The area around the base of the tank should be free from soil, debris, build-up and\nshould also be free from voids or erosion.\nThe edge of the tank where the tank wall meets the foundation should be clearly visible\nso that you can see the condition of the place where the tank wall joins to the tank floor.\nSoil should slope away from the tank base.\nb. If a tank has gravel or soil that washed up against the tank base and can be swept\naway, this is a local attention item. If a tank has packed soil that was washed up against\nthe tank base and has built up, this is “Unsat”\n…\nVegetation: vegetation growing against the tank bottom at the foundation must be\nremoved. This is a local attention item. Report the observation to your supervisor for\nfollow up”.\n120175025W_Warning Letter_09012017_text Page 2 of 5\n\n\n\nCPF 1-2017-5025W\nThe Instructions, Section 4, Tank Shell and Bottom, states in part:\nd. Look for staining around tank base on ground or in gravel. If you suspect a leak, speak\nwith your supervisor to better evaluate the observed condition.\nDuring a field observation of the breakout tanks at the Icedale facility, conducted on\nNovember 17, 2016, the PHMSA representative noted conditions on Tanks 1 and 4 that should\nhave been documented and addressed by further operator action in accordance with the Procedure\nand Instructions. These conditions included:\n1. 2. 3. 4. 5. On Tank 4, paint topcoat deterioration below the roof drainage scupper.\nOn Tank 4, debris and vegetation in chime on north side of tank.\nOn Tank 1, an abandoned tank level sending unit and conduit hanging on tank shell.\nOn Tank 1, undercutting at tank base underneath and near stairway.\nOn Tank 1, erosion/continuing seepage at nozzle.\nThe PHMSA representative reviewed Sunoco’s routine visual inspection records for these tanks.\nThe conditions were noted on the previous 4 monthly routine visual inspection records prior to the\nPHMSA inspection on November 17, 2016, as “satisfactory”. In December 2016, the PHMSA\nrepresentative requested additional monthly routine visual inspection records for review. The\nconditions were noted on the November and December 2016 visual inspection records as\n“satisfactory”.\nTherefore, Sunoco failed to follow its procedures for inspection on in-service breakout tanks by\nfailing to note the conditions described above on Tanks 1 and 4 at the Icedale facility.\nCount of Failure to\nFollow Procedure\nTotal 5\nActivity # PHMSA\nUnit # PHMSA Unit Name 153628 20041 Ft. Mifflin - PA/NJ 5\n2. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(b) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall\nbe reviewed at intervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a pipeline\nsystem commence, and appropriate parts shall be kept at locations where\noperations and maintenance activities are conducted.\nSunoco failed to follow its procedures for operating, maintaining, and repairing the pipeline system\nin accordance with each of the requirements of this subpart and subpart H of 49 C.F.R. Part 195.\nSpecifically, Sunoco failed to follow its procedure for documenting overfill protection system\nalarm testing conducted in accordance with § 195.428.\n120175025W_Warning Letter_09012017_text Page 3 of 5\n\n\n\nCPF 1-2017-5025W\nDuring the inspection of the Montello Breakout Tank Facility, the PHMSA representative\nreviewed Sunoco’s DOT 195 Maintenance Manual, Section 195.428 Overpressure Safety Devices\nand Overfill Protection Systems, Revised 1/30/14 (Procedure), and the related maintenance and\ninspection records from 2014-2016 for the breakout tanks at the facility.\nThe Procedure states in part:\nSPLP Requirements / Process Description\n2. Overfill Protection Systems\nI. …Results of the inspection and testing shall be recorded on forms as listed under\n\"Documentation\" and maintained in the appropriate DOT file located at the\nDistrict/District Office …\nDocumentation:\n2. For Overfill Protection devices:\nI. Eastern Area: Tank Overfill Protection System Inspection Report (Sun 30696-D) paper\nform or as found in the CMMS system…\nThe overfill inspection records covered the period from 2014 to 2016 and were presented in a\nformat other than as specified in the procedure. The records show that the results of the annual\noverfill protection system alarm testing were not documented on Sun 30696-D, as required by the\nProcedure.\nActivity # PHMSA\nUnit # PHMSA Unit Name 153567 84755 Count of Failure to\nFollow Procedure\nMontello BOT - PA 3\nTotal 3\nAs of April 27, 2017, under 49 U.S.C. §60122 and 49 CFR §190.223, you are subject to a civil\npenalty not to exceed $209,002 per violation per day the violation persists up to a maximum of\n$2,090,022 for a related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement action\nor penalty assessment proceedings at this time. We advise you to correct the item(s) identified in\nthis letter. Failure to do so will result in Sunoco being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Robert Burrough, Acting Director, PHMSA Eastern Region, 820 Bear Tavern Road,\nSuite 103, West Trenton, NJ 08628. Please refer to CPF 1- 2017-5025W on each document you\nsubmit, and whenever possible provide a signed PDF copy in electronic format. Smaller files may\nbe emailed to robert.burrough@dot.gov. Larger files should be sent on a CD accompanied by the\noriginal paper copy to the Eastern Region Office.\n120175025W_Warning Letter_09012017_text Page 4 of 5\n\n\n\nCPF 1-2017-5025W\nBe advised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nSincerely,\nRobert Burrough\nActing Director, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120175025W_Warning Letter_09012017_text Page 5 of 5","truncated":false,"body_characters":10273}