{"operation":"document","citation":"CPF 120195002","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":"2019-02-04","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.571, 195.589(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195002","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120195002","body":"Notice of Probable Violation involving SUNOCO PIPELINE L.P.. PHMSA's enforcement data identifies the cited regulations as 195.571,  195.589(c). The case was opened on 2019-02-04 and is reported as closed as of 2019-11-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120195002_Closure Letter_11262019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195002/120195002_Closure%20Letter_11262019.pdf\n\n120195002_Closure Letter_11262019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195002/120195002_Closure%20Letter_11262019_text.pdf\n\n120195002_Final Order_08092019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195002/120195002_Final%20Order_08092019.pdf\n\n120195002_Final Order_08092019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195002/120195002_Final%20Order_08092019_text.pdf\n\n120195002_NOPV PCO_02042019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195002/120195002_NOPV%20PCO_02042019.pdf\n\n120195002_NOPV PCO_02042019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195002/120195002_NOPV%20PCO_02042019_text.pdf\n\n120195002_Operator_Response to Notice_03062019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195002/120195002_Operator_Response%20to%20Notice_03062019.pdf\n\n120195002_Final Order_08092019_text.pdf\n\nAugust 9, 2019\nMr. Kelcy L. Warren\nChief Executive Officer\nEnergy Transfer Partners, LP\n8111 Westchester Drive\nDallas, Texas 75225\nRe: CPF No. 1-2019-5002\nDear Mr. Warren:\nEnclosed please find the Final Order issued in the above-referenced case against your subsidiary\nSunoco Pipeline, LP. It makes findings of violation and specifies actions that need to be taken\nby Sunoco Pipeline, LP, to comply with the pipeline safety regulations. When the terms of the\ncompliance order have been completed, as determined by the Director, Eastern Region, this\nenforcement action will be closed. Service of the Final Order by certified mail is effective upon\nthe date of mailing, as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA\nMr. Greg McIlwain, Senior Vice President, Operations, Sunoco Pipeline, LP, 1300 Main\nStreet, Houston, Texas 77002\nMr. Todd Nardozzi, Senior Manager, DOT Compliance, Energy Transfer Partners, LP,\n8111 Westchester Drive, Dallas, Texas 75225\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n__________________________________________\nIn the Matter of )\nSunoco Pipeline, LP, )\na subsidiary of Energy Transfer Partners, LP, ) CPF No. 1-2019-5002\n)\n)\n)\nRespondent. )\n__________________________________________)\nFINAL ORDER\nFrom March 19 to March 23, 2018, pursuant to 49 U.S.C. § 60117, representatives of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the facilities and records of Sunoco\nPipeline, LP’s (Sunoco or Respondent), Mariner East 1 (ME1) pipeline system, in Honeybrook,\nPennsylvania. The Mariner East pipeline project transports natural gas liquids from the\nMarcellus and Utica Shales areas in Western Pennsylvania, West Virginia, and Eastern Ohio to\ndestinations in Pennsylvania, including the Marcus Hook Industrial Complex on the Delaware\nRiver, where they are processed, stored and distributed to local, domestic and waterborne\nmarkets. The first phase of the project, referred to as ME1, consisted of interstate and intrastate\npropane and ethane service and commenced operations in the fourth quarter of 2014 and the first\nquarter of 2016, respectively.1 Sunoco Pipeline, LP, is a subsidiary of Energy Transfer Partners,\nLP.2\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated February 4, 2019, a Notice of Probable Violation and Proposed Compliance Order\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Sunoco had\nviolated 49 C.F.R. §§ 195.571 and 195.589(c) and proposed ordering Respondent to take certain\nmeasures to correct the alleged violations.\nSunoco responded to the Notice by letter dated March 6, 2019 (Response) and submitted a\nsupplemental response by email on May 30, 2019. The company did not contest the allegations\nof violation, but provided information concerning the corrective actions it had taken.\nRespondent did not request a hearing and therefore has waived its right to one.\n1 See http://www.sunocologistics.com/Customers/Business-Lines/Natural-Gas-Liquids-NGLs/257/ (last accessed\nJune 3, 2019).\n2 See http://www.sunocologistics.com/ (last visited June 3, 2019).\n\n\n\nCPF No. 1-2019-5002\nPage 2\nFINDINGS OF VIOLATION\nIn its Response, Sunoco did not contest the allegations in the Notice that it violated 49 C.F.R.\nPart 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.571, which states:\n§ 195.571 What criteria must I use to determine the adequacy of cathodic\nprotection?\nCathodic protection required by this subpart must comply with one or\nmore of the applicable criteria and other considerations for cathodic\nprotection contained [in] paragraphs 6.2.2, 6.2.3, 6.2.4, 6.2.5 and 6.3 in\nNACE SP 0169 (incorporated by reference, see § 195.3).3\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.571 by failing to provide cathodic\nprotection on ME1 that complies with one or more of the applicable NACE SP 0169 - 2007\nedition (SP 0169) criteria and other considerations. Specifically, the Notice alleged that Sunoco\nfailed to consider voltage (IR) drops other than those across the structure-to-electrolyte boundary\nwhen applying SP 0169’s Section 6.2.2.1.1 -850 mV criterion during its annual cathodic\nprotection testing.\nDuring the inspection, PHMSA reviewed annual cathodic protection survey records for 2015-\n2017 for the ME1 system. PHMSA noted that no IR Free readings were provided when utilizing\nthe -850 mV SP 0169 criterion found in Section 6.2.2.1.1. Additionally, Sunoco did not provide\na valid explanation for how IR drop was being considered when evaluating the adequacy of the\nreadings that were taken.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.571 by failing to provide\ncathodic protection on the ME1 pipeline that complies with one or more of the applicable SP\n0169 criteria and other considerations.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.589(c), which states:\n§ 195.589 What corrosion control information do I have to maintain?\n(a)…\n(c) You must maintain a record of each analysis, check, demonstration,\nexamination, inspection, investigation, review, survey, and test required by\nthis subpart in sufficient detail to demonstrate the adequacy of corrosion\n3 SP 0169 Section 6.2.2.1.1 describes the -850 m V criterion for steel and cast-iron piping as follows: “A negative\n(cathodic) potential of at least 850 mV with the cathodic protection current applied. This potential is measured with\nrespect to a saturated copper/copper sulfate electrode contacting the electrolyte. Voltage drops other than those\nacross the structure-to-electrolyte boundary must be considered for valid interpretation of this voltage\nmeasurement.”\n\n\n\nCPF No. 1-2019-5002\nPage 3\ncontrol measures or that corrosion requiring control measures does not\nexist. You must retain these records for at least 5 years, except that records\nrelated to §§ 195.569, 195.573(a) and (b), and 195.579(b)(3) and (c) must\nbe retained for as long as the pipeline remains in service.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.589(c) by failing to maintain\nrecords in sufficient detail to demonstrate the adequacy of corrosion control measures.\nSpecifically, the Notice alleged that Sunoco failed to provide records that demonstrate how the\ncathodic protection measures for ME1 complied with the applicable SP 0169 criteria at certain\ntest stations.\nDuring the inspection, cathodic protection survey records for 2015-2017 were provided by\nSunoco for ME1. PHMSA noted that the recorded pipe-to-soil potential readings were below the\nSP 0169 -850 mV criterion from 2015 to 2017 at several test stations. In discussions with\nSunoco personnel, PHMSA established that IR Free readings were not taken when utilizing the\n-850 mV SP 0169 criterion found in Section 6.2.2.1.1. Instead, Sunoco stated that net protective\ncurrent surveys were performed at the locations to establish compliance, due to its inability to\nachieve a reading that complies with the -850 mV criterion. In conjunction with these surveys,\nSunoco also performed reviews of historical in-line inspection data in the area of the test stations.\nHowever, Sunoco was unable to explain how the data provided demonstrates adequate cathodic\nprotection that meets the special considerations or accounts for the precautionary notes about the\nearth current technique required in SP 0169.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.589(c) by failing to maintain\nrecords in sufficient detail to demonstrate the adequacy of corrosion control measures.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1 and 2 in the Notice for\nviolations of 49 C.F.R. §§ 195.571 and 195.589(c), respectively. Under 49 U.S.C. § 60118(a),\neach person who engages in the transportation of hazardous liquids or who owns or operates a\npipeline facility is required to comply with the applicable safety standards established under\nchapter 601. The Director indicated that Respondent has taken the following actions to address\nsome of the cited violations:\nWith respect to the violation of § 195.571 (Item 1), Sunoco provided documentation from\nPipeline ID 12124 showing that it had performed the required close interval surveys of the ME1.\nOn May 30, 2019, Sunoco provided additional documents verifying that the close interval\nsurveys were conducted on Pipeline ID 11190.\n\n\n\nCPF No. 1-2019-5002\nPage 4\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice for Item 1 are not included in this Order.\nAs for the remaining compliance terms, pursuant to the authority of 49 U.S.C. § 60118(b) and 49\nC.F.R. § 190.217, Respondent is ordered to take the following actions to ensure compliance with\nthe pipeline safety regulations applicable to its operations:\n2. With respect to the violation of § 195.589(c) (Item 2), Respondent must:\na. Maintain adequate records to demonstrate that the test stations listed in Item 2\nof the Notice satisfy one or more criteria listed in SP 0169.\nb. Develop a written plan to remediate all deficiencies in cathodic protection\nidentified from the survey of the ME1 discussed above. This plan and the records\nrequired by 2(a) shall be provided to PHMSA within 60 days of receipt of this Final\nOrder. The plan shall prioritize any of the specific test stations in Item 2 that fail to\nmeet criteria.\nIf Respondent believes it has satisfied one or more of the items ordered above, Respondent may\nrequest confirmation from the Director that such items have been completed.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nIt is requested (not mandated) that Respondent maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the total to the\nDirector. It is requested that these costs be reported in two categories: (1) total cost associated\nwith preparation/revision of plans, procedures, studies and analyses; and (2) total cost associated\nwith replacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000, as adjusted for inflation (49 C.F.R. § 190.223), for each violation for\neach day the violation continues or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address, no later than 20 days after receipt of service of this\nFinal Order by Respondent. Any petition submitted must contain a statement of the issue(s) and\nmeet all other requirements of 49 C.F.R. § 190.243. The terms of the order, including corrective\naction, remain in effect unless the Associate Administrator, upon request, grants a stay.\n\n\n\nCPF No. 1-2019-5002\nPage 5\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nAugust 9, 2019\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n120195002_Closure Letter_11262019_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nNovember 26, 2019\nMr. Greg McIlwain\nSenior Vice President, Operations\nSunoco Pipeline L.P.\n1300 Main Street\nHouston, TX 77002\nCPF 1-2019-5002\nDear Mr. McIlwain:\nOn August 9, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\nto Sunoco Pipeline, LP, a subsidiary of Energy Transfer Partners, LP, a Final Order in the above-\nreferenced case. This Order included a Compliance Order. Based on our review of the\ndocumentation you provided, it has been determined that you have complied with the terms of this\nOrder.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":14549}