{"operation":"document","citation":"CPF 120185026W","title":"SUNOCO PIPELINE L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-08-22","effective_on":null,"summary":"CLOSED warning letter citing 195.420(c), 195.589(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185026w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185026w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185026w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120185026W","body":"Warning Letter involving SUNOCO PIPELINE L.P.. PHMSA's enforcement data identifies the cited regulations as 195.420(c),  195.589(c). The case was opened on 2018-08-22 and is reported as closed as of 2018-08-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120185026W_Warning Letter_08222018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185026W/120185026W_Warning%20Letter_08222018.pdf\n\n120185026W_Warning Letter_08222018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185026W/120185026W_Warning%20Letter_08222018_text.pdf\n\n120185026W_Warning Letter_08222018_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nAugust 22, 2018\nMr. Greg McIlwain\nSenior Vice President of Operations\nSunoco Pipeline L.P.\n1300 Main Street\nHouston, TX 77002\nCPF 1-2018-5026W\nDear Mr. McIlwain:\nFrom April 3, 2017 to August 11, 2017, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected Sunoco Pipeline L.P.’s (Sunoco) Mariner East 1 pipeline system in Pennsylvania.\nAs a result of the inspection, it is alleged that Sunoco has committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violation(s) are:\n1. § 195.420 Valve Maintenance.\n(c) Each operator shall provide protection for each valve from unauthorized\noperation and from vandalism.\nSunoco failed to provide protection for each valve from vandalism. Specifically, the temporary\nfencing at 2 valve sites along its Mariner East 1 (ME1) pipeline did not provide adequate protection\nfrom vandalism.\nDuring the field inspection of the ME1 pipeline segment from Houston to Delmont, PA, the\nPHMSA inspector observed valves located at the following locations that were not adequately\nprotected from vandalism:\n1. Youghiogheny River South Mainline Valve Station near West Newton, PA.\n\n\n\nCPF 1-2018-5026W\nEach valve at this site was within enclosed and locked temporary fencing due to construction.\nHowever, several of the temporary fencing panels at the Youghiogheny River South mainline\nValve Station were held together by single application of thin wire or string, which can easily\nallow access by unauthorized individuals.\n2. Pike Mainline Valve Station near Houston, PA.\nEach valve at this site was within enclosed and locked temporary fencing due to construction.\nHowever, the temporary fencing was constructed with a large open gap (roughly 2 feet wide x 3.5\nfeet tall) at ground level. Hay bundles were placed inside the fencing at the open gap. This gap can\neasily allow access by unauthorized individuals.\nThus, Sunoco failed to provide protection for each valve from vandalism as required by\n§ 195.420(c).\n2. § 195.589 What corrosion control information do I have to maintain?\n(c) You must maintain a record of each analysis, check, demonstration, examination,\ninspection, investigation, review, survey, and test required by this subpart in\nsufficient detail to demonstrate the adequacy of corrosion control measures or that\ncorrosion requiring control measures does not exist. You must retain these records\nfor at least 5 years except that records related to Secs. 195.569, 195.573(a) and (b),\nand 195.579(b)(3) and (c) must be retained for as long as the pipeline remains in\nservice.\nSunoco failed to maintain, for at least 5 years, a record of each inspection required by Subpart H\nof 49 CFR Part 195 in sufficient detail to demonstrate the adequacy of corrosion control measures.\nSpecifically, Sunoco could not provide sufficiently detailed records documenting the pipe coating\ninspections on buried pipe and fittings just prior to lowering into the ditch at the Mariner East 1\nPlainfield Station, pursuant to § 195.561(a).\nSection 195.561(a) states:\n“You must inspect all external pipe coating required by Sec. 195.557 just prior to lowering the\npipe into the ditch or submerging the pipe.”\nDuring the inspection, the PHMSA inspector reviewed Coating Daily Reports for the Mariner\nEast 1 pipe & fittings. A report for three 90-degree pipe fittings, dated 2/23/25, indicated by the\ncoating inspector (in red font): “WILL NEED TO BE HOLIDAY TESTED”\nThe PHMSA inspector required evidence that these fittings were holiday tested as called for by\nthe coating inspector’s report notes.\nIn a letter from Sunoco to PHMSA, dated June 29, 2017, Sunoco stated in part:\nHoliday testing is typically done when the pipeline parts are installed in the ground… The\nInspection Daily Reports dated 7/15/2015 and 7/16/2015 document that holiday testing was\nperformed for these spools during final installation. …The inspection daily reports provided for\nJuly 15, 2015 and July 16, 2015 document the subject spools were holiday tested just prior to\nlowering in for construction.\n120185026W_Warning Letter_08222018_text\nPage 2 of 3\n\n\n\nCPF 1-2018-5026W\nPHMSA reviewed the 7/15/2015 and 7/16/2015 reports and found that they do not contain\nsufficient detail to satisfy § 195.589 requirements, pursuant to § 195.561(a).\nThe two inspection reports do not indicate that a coating inspection was performed. The inspector’s\nreport notes state that a “subcontractor was on site to perform jeeping”, but Sunoco could not\nprovide records showing further details, which could include information such as confirmation\nthat jeeping was completed, what holiday testing equipment was used, what voltage settings were\nused, equipment calibration information, outcome of the testing, etc.\nTherefore, Sunoco’s records do not reflect, in sufficient detail, that an inspection of the coating\nwas performed just prior to lowering the pipe into the ditch pursuant to § 195.561(a).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$209,002 per violation per day the violation persists, up to a maximum of $2,090,022 for a related\nseries of violations. For violations occurring prior to November 2, 2015, the maximum penalty\nmay not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000\nfor a related series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item(s) identified in this letter.\nFailure to do so will result in Sunoco being subject to additional enforcement action.\nPlease be advised that all material you submit in response to this enforcement action is subject to\nbeing made publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide 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).\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Robert Burrough, Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103,\nWest Trenton, NJ 08628. Please refer to CPF 1-2018-5026W on each document you submit, and\nwhenever possible provide a signed PDF copy in electronic format. Smaller files may be emailed\nto robert.burrough@dot.gov. Larger files should be sent on a CD accompanied by the original\npaper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120185026W_Warning Letter_08222018_text\nPage 3 of 3","truncated":false,"body_characters":7739}