{"operation":"document","citation":"CPF 12021035NOA","title":"SUNOCO PIPELINE L.P. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-05-27","effective_on":null,"summary":"CLOSED notice of amendment citing 195.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021035noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021035noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021035noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12021035NOA","body":"Notice of Amendment involving SUNOCO PIPELINE L.P.. PHMSA's enforcement data identifies the cited regulation as 195.202. The case was opened on 2021-05-27 and is reported as closed as of 2021-08-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12021035NOA_Closure Letter_08052021_(20-172463).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021035NOA/12021035NOA_Closure%20Letter_08052021_(20-172463).pdf\n\n12021035NOA_Closure Letter_08052021_(20-172463)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021035NOA/12021035NOA_Closure%20Letter_08052021_(20-172463)_text.pdf\n\n12021035NOA_Notice of Amendment_05272021_(20-172463).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021035NOA/12021035NOA_Notice%20of%20Amendment_05272021_(20-172463).pdf\n\n12021035NOA_Notice of Amendment_05272021_(20-172463)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021035NOA/12021035NOA_Notice%20of%20Amendment_05272021_(20-172463)_text.pdf\n\n12021035NOA_Notice of Amendment_05272021_(20-172463)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: Gregory.Mcilwain@energytransfer.com\nMay 27, 2021\nMr. Greg McIlwain\nSr. Vice President, Operations\nSunoco Pipeline L.P.\n1300 Main Street\nHouston, TX 77002\nCPF 1-2021-035-NOA\nDear Mr. McIlwain:\nFrom March 11, 2020 to March 12, 2020, a representative 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) procedures in Spring Township, Pennsylvania.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nSunoco’s plans or procedures, as described below:\n1. § 195.202 Compliance with specifications or standards.\nEach pipeline system must be constructed in accordance with\ncomprehensive written specifications or standards that are consistent\nwith the requirements of this part.\nSunoco’s written construction standards were inadequate. Specifically, Appendix B: Corrosion\nControl Requirements (Revision No.: 0 and Revision Date: 11/30/12) of Sunoco’s Inspector\nManual (Appendix B) failed to provide adequate thickness requirements for the application of\nPowercrete R95 coating in non-bore locations in accordance with §§ 195.557(a) and 195.559(d).\nSection 195.557(a) states:\nExcept bottoms of aboveground breakout tanks, each buried or submerged pipeline must\nhave an external coating for external corrosion control if the pipeline is--\n\n\n\nCPF 1-2021-035-NOA\n(a) Constructed, relocated, replaced, or otherwise changed after the applicable date in §\n195.401(c), not including the movement of pipe covered by § 195.424;\nSection 195.559(d) states:\nCoating material for external corrosion control under § 195.557 must—\n(d) Have enough strength to resist damage due to handling and soil stress;\nDuring the inspection, a PHMSA inspector reviewed Sunoco’s Appendix B. The requirements for\nPowercrete R95 stated in part: “[a]pplied final thickness: 52 mil for HDD installation, may be less\nfor non bore installations.” Sunoco’s requirement for non-bore HDD installation did not specify a\nfinal minimum thickness.\nHence, by not specifying a final minimum thickness for Powercrete R95 coating on pipe in non-\nbore locations, Sunoco failed to prepare an adequate construction standard as required by §\n195.202 pertaining to §§ 195.557(a) and 195.559(d). Sunoco must revise its written construction\nstandard to address this inadequacy.\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 Enforcement\nProceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 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\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 Pipeline L.P. maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Robert Burrough, Director, Eastern Region, Pipeline and\n12021035NOA_Notice of Amendment_05272021_(20-172463)_text Page 2 of 3\n\n\n\nCPF 1-2021-035-NOA\nHazardous Materials Safety Administration, 840 Bear Tavern Road, Suite 300, West Trenton, NJ\n08628. In correspondence concerning this matter, please refer to CPF 1-2021-035-NOA and, for\neach document you submit, please provide a copy in electronic format whenever possible. Smaller\nfiles may be emailed to robert.burrough@dot.gov. Larger files should be sent on USB flash drive\naccompanied by the original paper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n12021035NOA_Notice of Amendment_05272021_(20-172463)_text Page 3 of 3\n\n12021035NOA_Closure Letter_08052021_(20-172463)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nAugust 5, 2021\nMr. Greg McIlwain\nSr. Vice President, Operations\nSunoco Pipeline L.P.\n1300 Main Street\nHouston, TX 77002\nCPF 1-2021-035-NOA\nDear Mr. McIlwain:\nFrom March 11, 2020 to March 12, 2020, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of Sunoco Pipeline L.P.’s (Sunoco) procedures in\nSpring Township, Pennsylvania. As a result of the inspection, Sunoco was issued a Notice of\nAmendment on May 27, 2021, which proposed amendment of your procedures.\nSunoco submitted its amended procedures on June 14, 2021. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\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":7501}