{"operation":"document","citation":"CPF 120205012W","title":"SUNOCO PIPELINE L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-09-04","effective_on":null,"summary":"CLOSED warning letter citing 195.432(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120205012w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120205012w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120205012w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120205012W","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 2020-09-04 and is reported as closed as of 2020-09-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120205012W_Operator Response to Notice_10082020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120205012W/120205012W_Operator%20Response%20to%20Notice_10082020.pdf\n\n120205012W_Warning Letter_09042020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120205012W/120205012W_Warning%20Letter_09042020.pdf\n\n120205012W_Warning Letter_09042020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120205012W/120205012W_Warning%20Letter_09042020_text.pdf\n\n120205012W_Warning Letter_09042020_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nSeptember 4, 2020\nKelcy L. Warren\nChief Executive Officer\nEnergy Transfer\n8111 Westchester Drive\nDallas, TX 75225\nCPF 1-2020-5012W\nDear Mr. Warren:\nFrom July 29, 2019 to August 1, 2019, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\nperformed an integrated inspection of Sunoco Pipeline, L.P.’s (Sunoco) facility in Montello,\nPennsylvania.\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\nCPF 1-2020-5012W\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 adequately conduct external visual inspections for\nTanks 510 and 511 at its Montello breakout tank facility as specified under API Standard 653\nSection 6.3.1.3 – Routine In-Service Inspections (Section 6.3.1.3).\nSection 6.3.1.3 stated in part:\nThis routine in-service inspection shall include a visual inspection of the tank’s\nexterior surfaces. Evidence of leaks; shell distortions; signs of settlement; corrosion;\nand condition of the foundation, paint coatings, insulation systems, and\nappurtenances should be documented for follow-up action by an authorized\ninspector.\nDuring the inspection, the PHMSA inspector reviewed API Standard 653 monthly inspection\nreports for Sunoco’s Montello breakout tank facility. Records retained for monthly inspections of\nTanks 510 and 511 between January 2017 until the time of the inspection indicated “Check Leak\nDetection Ports” on the inspection form were marked “NA”. During the field inspection, the\nPHMSA inspector identified leak detection ports in place on both Tanks 510 and 511. Records\nindicated that Tanks 510 and 511 had double bottoms, including leak detection ports, installed in\n2006 and 2004, respectively.\nTherefore, Sunoco failed to adequately inspect its Tanks 510 and 511 per API Standard 653 Section\n6.3.1.3 requirements.\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).\n120205012W_Warning Letter_09042020_text Page 2 of 3\n\n\n\nCPF 1-2020-5012W\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 1-2020-5012W 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\nCC: Gregory McIlwain, Senior VP, Operations; Sunoco Pipeline, L.P. (via email)\n120205012W_Warning Letter_09042020_text Page 3 of 3","truncated":false,"body_characters":6335}