{"operation":"document","citation":"CPF 120195014W","title":"SUNOCO PIPELINE L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-12-12","effective_on":null,"summary":"CLOSED warning letter citing 195.432(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195014w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195014w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195014w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120195014W","body":"Warning Letter involving SUNOCO PIPELINE L.P.. PHMSA's enforcement data identifies the cited regulation as 195.432(b). The case was opened on 2019-12-12 and is reported as closed as of 2019-12-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120195014W_Operator Response to Notice_12162019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195014W/120195014W_Operator%20Response%20to%20Notice_12162019.pdf\n\n120195014W_Warning Letter_12122019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195014W/120195014W_Warning%20Letter_12122019.pdf\n\n120195014W_Warning Letter_12122019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195014W/120195014W_Warning%20Letter_12122019_text.pdf\n\n120195014W_Warning Letter_12122019_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nDecember 12, 2019\nGregory McIlwain\nSenior VP, Operations\nSunoco Pipeline, L.P.\n1300 Main Street\nHouston, TX 77002\nCPF 1-2019-5014W\nDear Mr. McIlwain:\nFrom April 1 – August 16, 2019, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.), inspected Sunoco Pipeline, L.P.’s (Sunoco) Sunoco Products East 1 pipeline\nsystem in both Pennsylvania and New Jersey.\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 item inspected and\nthe probable violation is:\n1. § 195.432 Inspection of in-service breakout tanks.\n(a)…\n(b) Each operator must inspect the physical integrity of in-service\natmospheric and low-pressure steel above-ground breakout tanks\naccording to API Std 653 (except section 6.4.3, Alternative Internal\nInspection Interval) (incorporated by reference, see § 195.3). However,\nif structural conditions prevent access to the tank bottom, its integrity\nmay be assessed according to a plan included in the operations and\nmaintenance manual under § 195.402(c)(3). The risk-based internal\ninspection procedures in API Std 653, section 6.4.3 cannot be used to\ndetermine the internal inspection interval.\n\n\n\nSunoco failed to inspect the physical integrity of in-service atmospheric and low-pressure steel\naboveground breakout tank according to American Petroleum Institute (API) Standard 653\n(incorporated by reference into 49 C.F.R. Part 195, see § 195.3(b)(19)), as prescribed in\n§ 195.432(b). Specifically, Sunoco did not conduct an external inspection for Tank 4 at its Icedale\nbreakout tank facility within the 5-year interval specified under API Standard 653 Section 6.3.2.1\n- External Inspection (Section 6.3.2.1).\nSection 6.3.2.1 states:\nAll tanks shall be given a visual external inspection by an authorized inspector. This\ninspection shall be called the external inspection and must be conducted at least every 5\nyears or RCA/4N years (where RCA is the difference between the measured shell thickness\nand the minimum required thickness in mils, and N is the shell corrosion rate in mils per\nyear) whichever is less. Tanks may be in operation during this inspection.\nDuring the inspection, the PHMSA inspector reviewed API Standard 653 external inspection\nreports for Sunoco’s Icedale breakout tank facility. The records indicated that external inspections\nwere conducted for its Tank 4 on June 26, 2009 and February 5, 2015. This exceeded the 5-year\nmaximum interval specified in Section 6.3.2.1 by approximately 7.5 months.\nTherefore, Sunoco failed to inspect its Tank 4 per API Standard 653 Section 6.3.2.1 requirements\nregarding inspection interval.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related\nseries of violations. For violation occurring on or after November 27, 2018 and before July 31,\n2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum\npenalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before\nNovember 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a\nmaximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015,\nthe maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 for a related series of violations. We have reviewed the circumstances\nand supporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitem(s) identified in this letter. Failure to do so will result in Sunoco Pipeline L.P. being subject\nto additional enforcement action.\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).\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,\n120195014W_Warning Letter_12122019_text Page 2 of 3\n\n\n\nWest Trenton, NJ 08628. Please refer to CPF 1-2019-5014W 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 USB flash drive accompanied by the\noriginal paper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120195014W_Warning Letter_12122019_text Page 3 of 3","truncated":false,"body_characters":6117}