{"operation":"document","citation":"CPF 12021040WL","title":"SUNOCO PIPELINE L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-06-08","effective_on":null,"summary":"CLOSED warning letter citing 195.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021040wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021040wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021040wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12021040WL","body":"Warning Letter involving SUNOCO PIPELINE L.P.. PHMSA's enforcement data identifies the cited regulation as 195.202. The case was opened on 2021-06-08 and is reported as closed as of 2021-06-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12021040WL_Warning Letter_06082021_(20-172473).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021040WL/12021040WL_Warning%20Letter_06082021_(20-172473).pdf\n\n12021040WL_Warning Letter_06082021_(20-172473)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021040WL/12021040WL_Warning%20Letter_06082021_(20-172473)_text.pdf\n\n12021040WL_Warning Letter_06082021_(20-172473)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nJune 8, 2021\nMr. Greg McIlwain\nSr Vice President, Operations\nSunoco Pipeline, LP\n1300 Main Street\nHouston, TX 77002\nCPF 1-2021-040-WL\nDear Mr. McIlwain:\nFrom July 28, 2020 to July 29, 2020, 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, LP’s (Sunoco) Mariner East 2 Project in East Goshen Township, PA.\nAs a result of the inspection/investigation, it is alleged that you have committed a probable\nviolation of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The\nitem inspected and the probable violation is:\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 failed to construct its Mariner East 2 pipeline in accordance with its comprehensive written\nspecifications or standards consistent with Part 195. Specifically, Sunoco failed to follow Sunoco\nPipeline L.P. and Affiliates CONSTRUCTION STANDARDS - Coating of Underground Steel Pipe,\nRevision: 3, Number: 0502, Date: 9/1/15, subsection 3.1.1 (Construction Standard) regarding\nspecified anchor patterns.\n\n\n\nCPF 1-2021-040-WL\nSunoco’s Construction Standard required a “specified anchor pattern (surface profile)” when\npreparing underground steel pipe for coating. To assess the anchor profile, Sunoco utilized\ncalibrated anchor profile gauges.\nDuring the July 28, 2020 inspection, the PHMSA inspector discovered that Sunoco used an expired\nanchor profile gauge (ID # 217363, last calibration date was 3/6/2017 and due date was 3/6/2018)\nto assess the surface profile for coating on pipe that was being installed. The anchor profile gauge\nin use had a history of being calibrated; however, the calibration was expired.\nThus, by using an anchor profile gauge with an exceeded calibration due date, Sunoco failed to\nconfirm the “specified anchor pattern (surface profile)” as required by its Construction Standard.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a related\nseries of violations. For violation occurring on or after January 11, 2021 and before May 3, 2021,\nthe maximum penalty may not exceed $222,504 per violation per day the violation persists, up to\na maximum of $2,225,034 for a related series of violations. For violation occurring on or after\nJuly 31, 2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations. For violation occurring on or after November 27, 2018 and before July 31, 2019, the\nmaximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to\nexceed $2,132,679. For violation occurring on or after November 2, 2015 and before November\n27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item identified in this letter. Failure to do so will result in\nSunoco Pipeline, LP being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2021-040-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n12021040WL_Warning Letter_06082021_(20-172473)_text Page 2 of 2","truncated":false,"body_characters":5131}