{"operation":"document","citation":"CPF 120185030W","title":"SUNOCO PIPELINE L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-11-06","effective_on":null,"summary":"CLOSED warning letter citing 195.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185030w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185030w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185030w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120185030W","body":"Warning Letter involving SUNOCO PIPELINE L.P.. PHMSA's enforcement data identifies the cited regulation as 195.202. The case was opened on 2018-11-06 and is reported as closed as of 2018-11-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120185030W_Warning Letter_11062018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185030W/120185030W_Warning%20Letter_11062018.pdf\n\n120185030W_Warning Letter_11062018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185030W/120185030W_Warning%20Letter_11062018_text.pdf\n\n120185030W_Warning Letter_11062018_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nNovember 6, 2018\nMr. Greg McIlwain\nSenior Vice President, Operations\nSunoco Pipeline L.P.\n1300 Main Street\nHouston, TX 77002\nCPF 1-2018-5030W\nDear Mr. McIlwain:\nFrom June 30, 2017 to April 5, 2018, a representative 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) Delaware River HDD Bore project in Aston, PA.\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 (CFR). The items inspected\nand the probable violation(s) are:\n1. § 195.202 Compliance with specifications or standards.\nEach pipeline system must be constructed in accordance with comprehensive written\nspecifications or standards that are consistent with the requirements of this part.\nSunoco’s pipeline system was not constructed in accordance with Sunoco’s Construction Scope of\nWork for SXL 12-INCH and MIPC 8-INCH DELAWARE RIVER, Issue Date: SEPTEMBER\n2016 (Scope of Work). Specifically, some of the dry film thickness measurements from Sunoco’s\nCoating Thickness Reports were less than 50 mils thick so they failed to follow the requirements\nof the Scope of Work.\nDuring the inspection, a PHMSA inspector observed that some of the dry film thickness\nmeasurements from Sunoco’s Coating Thickness Reports were less than 50 mils. Section 3.8.2\nGirth Welds of the Scope of Work stated in part, “Powercrete R95 with total minimum thickness\nof 50 mils shall be applied to the drill pipe.”\n\n\n\nCPF 1-2018-5030W\nSince Sunoco utilized its Scope of Work as construction specifications, and since some of the dry\nfilm thickness measurement did not meet the minimum thickness specified in the Scope of Work,\nSunoco failed to comply with its written specifications.\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 Pipeline L.P. 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, 840 Bear Tavern Road, Suite 300,\nWest Trenton, NJ 08628. Please refer to CPF 1-2018-5030W 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.\nPlease note, the address for the PHMSA Eastern Region, Office of Pipeline Safety, has changed:\nPHMSA, Eastern Region, Office of Pipeline Safety\n840 Bear Tavern Road, Suite 300\nWest Trenton, NJ 08628\nPlease make a note of this new information in your records. If you have any questions, please\ncontact us at 609-771-7800.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120185030W_Warning Letter_11062018_text Page 2 of 2","truncated":false,"body_characters":4848}