{"operation":"document","citation":"CPF 120185027M","title":"SUNOCO PIPELINE L.P. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-08-22","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185027m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185027m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185027m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120185027M","body":"Notice of Amendment involving SUNOCO PIPELINE L.P.. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(3). The case was opened on 2018-08-22 and is reported as closed as of 2018-10-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120185027M_Closure letter_10052018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185027M/120185027M_Closure%20letter_10052018.pdf\n\n120185027M_Closure letter_10052018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185027M/120185027M_Closure%20letter_10052018_text.pdf\n\n120185027M_Notice of Amendment_08222018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185027M/120185027M_Notice%20of%20Amendment_08222018.pdf\n\n120185027M_Notice of Amendment_08222018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185027M/120185027M_Notice%20of%20Amendment_08222018_text.pdf\n\n120185027M_Operator Response to Notice_09212018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185027M/120185027M_Operator%20Response%20to%20Notice_09212018.pdf\n\n120185027M_Notice of Amendment_08222018_text.pdf\n\nNOTICE OF AMENDMENT\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 1-2018-5027M\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 inspected\nSunoco Pipeline, L.P.’s (Sunoco) Mariner East 1 pipeline procedures for operations, maintenance,\nand emergencies in Washington County, Pennsylvania.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nSunoco’s plans or procedures, as described below:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\nSunoco’s procedures for operating, maintaining and repairing its pipeline system in accordance\nwith each requirement of subpart F of Part 195 were inadequate. Specifically, Sunoco’s O&M\nprocedure SEC. 195.420. Valve Maintenance (Procedure) lacked detailed instructions necessary\nfor maintaining each valve that is necessary for the safe operation of its pipeline system, as required\nby § 195.420(a).\n\n\n\nCPF 1-2018-5027M\nSection 195.420(a) states:\n“Each operator shall maintain each valve that is necessary for the safe operation of its pipeline\nsystems in good working order at all times.”\nDuring the inspection, the PHMSA inspector reviewed Sunoco’s mainline valve (MLV) inspection\nrecords for the PHMSA Delmont to Plainfield unit. Several of the MLV inspection records listed\nas “check valve # V-183.5C”; however, the check valve inspection information was missing for\nseveral MLV inspection cycles required under § 195.420(b). Sunoco explained that due to the\nunique design of the check valve it is difficult to inspect to determine if it is functioning properly,\nas required by § 195.420(b).\nIn a post-inspection letter dated August 18, 2017, Sunoco stated:\n“SPLP… plans to remove the check valves from the CMMS “DOT-Required” valve inspection\ncategory and forms. SPLP will continue to conduct the regularly planned site inspections and list\nthese valves in the preventative maintenance category to document maintenance as a “facility\nvalve”, following SPLP O&M Manual Section 195.420.”\nRegarding “facility valves”, Sunoco’s Procedure stated in part (emphasis added):\nSPLP Requirements/Process Description…\n2. Facility Valves (and other non-Main Live Valves)\nI…\nII. Facility valves shall be maintained as determined by SPLP to insure the safe\noperation of the pipeline system.\nThe statement “Facility valves shall be maintained as determined by SPLP…” is inadequate\nbecause it lacks detailed instructions necessary for maintaining each valve that is necessary for the\nsafe operation of its pipeline system, as required by § 195.420(a).\nTherefore, Sunoco’s procedures did not adequately address the requirements of § 195.420(a).\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\n120185027M_Notice of Amendment_08222018_text Page 2 of 3\n\n\n\nCPF 1-2018-5027M\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that Sunoco maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Robert Burrough, Director, PHMSA Eastern Region,\n820 Bear Tavern Road, Suite 103, West Trenton, NJ 08628. Please refer to CPF 1- 2018-5027M\non each document you submit, and whenever possible provide a signed PDF copy in electronic\nformat. Smaller files may be emailed to robert.burrough@dot.gov. Larger files should be sent on\na CD accompanied by the original paper copy to the Eastern Region Office.\nAdditionally, if you choose to respond to this (or any other case), please ensure that any response\nletter pertains solely to one CPF case number.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n120185027M_Notice of Amendment_08222018_text Page 3 of 3\n\n120185027M_Closure letter_10052018_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nOctober 5, 2018\nMr. Greg McIlwain\nSenior Vice President of Operations\nSunoco Pipeline L.P.\n1300 Main Street\nHouston, TX 77002\nCPF 1-2018-5027M\nDear Mr. McIlwain:\nFrom April 3 to August 11, 2017, a representative from the Pipeline and Hazardous Materials\nSafety Administration, Office of Pipeline Saftey pursuant to Chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of Sunoco Pipeline, L.P. (Sunoco) Mariner East 1\npipeline for operations, maintenance and emergencies in Washington County, PA. As a result of\nthe inspection, Sunoco was issued a Notice of Amendment (NOA) on August 22, 2018, which\nproposed amendment of its procedures.\nOn September 21, 2018, Sunoco submitted Energy Transfer’s Standard Operating Procedure\nHLM.01, which replaced Sunoco’s previous procedure. My staff reviewed these procedures, and\nit appears that the inadequacies outlined in this NOA have been corrected as a result.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":8519}