{"operation":"document","citation":"CPF 220110001W","title":"SUBURBAN PROPANE — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-03-21","effective_on":null,"summary":"CLOSED warning letter citing 192.355(c), 192.465(a), 192.465(d), 192.491(a), 192.605(a), 192.625(f), 192.723(b)(1), 192.723(b)(2), 192.739(a), 192.747(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220110001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220110001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220110001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220110001W","body":"Warning Letter involving SUBURBAN PROPANE. PHMSA's enforcement data identifies the cited regulations as 192.355(c),  192.465(a),  192.465(d),  192.491(a),  192.605(a),  192.625(f),  192.723(b)(1),  192.723(b)(2),  192.739(a),  192.747(a). The case was opened on 2011-03-21 and is reported as closed as of 2011-03-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220110001W_warning letter_03212011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220110001W/220110001W_warning%20letter_03212011.pdf\n\n220110001W_warning letter_03212011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220110001W/220110001W_warning%20letter_03212011_text.pdf\n\n220110001W_warning letter_03212011_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 21, 2011\nSteven Boyd\nVice President Field Operations\nSuburban Propane\n3161 Cameron Park Drive, No. 207\nCameron Park, CA 95682\nCPF 2-2011-0001W\nDear Mr. Boyd:\nOn January 26-28, 2011, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) inspected the procedures, records, and facilities of four Suburban\nPropane (Suburban) liquefied petroleum gas (LPG) pipeline systems in Sarasota, Florida,\npursuant to Chapter 601 of 49 United States Code. The Suburban LPG systems inspected\nserved the Siesta Royal Apartments, the Sea Crest Apartments, the Fairway Crossing\nApartments, and the Siesta Sun Apartments.\nAs a result of the inspection, it appears that Suburban has committed probable violations of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected\nand the probable violations are:\n1. §192.605 Procedural manual for operations, maintenance, and emergencies\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of\nwritten procedures for conducting operations and maintenance activities and for\nemergency response. This manual must be reviewed and updated by the operator at\nintervals not exceeding 15 months, but at least one each calendar year. This manual\nmust be prepared before operations of a pipeline system commence. Appropriate\nparts of the manual must be kept at locations where operations and maintenance\nactivities are conducted.\nSuburban did not properly prepare and follow a manual of written procedures for\nconducting operations and maintenance activities and for emergency response. While the\noperator had a manual dated January 3, 2011, the manual was generic and contained no\nsite specific operations and maintenance procedures or site specific procedures for\nemergency response.\n\n\n\n2. §192.465 External corrosion control: Monitoring.\n(a) Each pipeline that is under cathodic protection must be tested at least once each\ncalendar year, but with intervals not exceeding 15 months, to determine whether the\ncathodic protection meets the requirements of §192.463.\nSuburban did not test each of its pipelines under cathodic protection in calendar years\n2009 and 2010. A review of Suburban’s cathodic protection records revealed sporadic\nand incomplete cathodic protection monitoring. The only cathodic protection monitoring\ntests found in the records for 2009 and 2010 were the December17, 2009, tests at the\nSiesta Royal Apartments and the December 16, 2009, tests performed at the Fairway\nCrossing Apartments.\n3. §192.465 External corrosion control: Monitoring.\n.... (d) Each operator shall take prompt remedial action to correct any deficiencies\nindicated by the monitoring.\nSuburban did not take prompt remedial actions to correct deficiencies, i.e. unsatisfactory\nlevels of cathodic protection indicated by low1\npipe-to-soil (p/s) readings, found during\ncathodic protection surveys conducted in June 2008 and in December 2009 at the Siesta\nRoyal Apartments.\n− The June 2008 p/s readings were taken along the pipeline at 20-foot intervals\nstarting at the 1,000 gallon tank location and ending at the 500 gallon tank location.\nMost of the June 2008 p/s readings were in the range of -15mV to -515mV.\n− The December 2009 p/s readings were taken along the pipeline at 20-foot intervals\nstarting at Apartment 58 and ending at the laundry facility. Most of the p/s readings\nwere in the range of -9mV to -520mV.\nSuburban did not take prompt remedial actions to correct deficiencies, i.e. unsatisfactory\nlevels of cathodic protection indicated by low p/s readings, found during cathodic\nprotection surveys conducted in June 2008 and in March 2009 at the Siesta Sun\nApartments.\n− The June 2008 p/s readings were in the range of -15 mV to -650 mV.\n− The March 2009 p/s readings were in the range of -15 mV to -210 mV.\nDuring the PHMSA inspection on January 27, 2011, field tests at selected cathodic\nprotection test stations were conducted. These tests revealed low p/s readings as follows:\nSiesta Royal Apartments\n-762mV (unit 51) on the 1¼-inch galvanized steel, dug up\n-123mV (unit 57) on the copper tubing riser\n-598mV (unit 28) on the 1¼-inch galvanized steel, dug up\n1 The criteria for cathodic protection are contained in 49 CFR Part 192, Appendix D. The criteria being\nreferenced in this letter is negative (cathodic) voltage of at least 850mV with reference to a saturated copper-\ncopper sulfate half cell with protective current applied. Accordingly, a “low” p/s reading is a reading less\nnegative than 850mV.\n2\n\n\n\nSiesta Sun Apartments\n-723mV (unit 7) on the 1¼-inch galvanized steel, exposed\n-182mV (unit 1) on the copper tubing riser (insulated from main line)\n-048mV (unit 7) on the copper tubing riser (insulated from main line)\nFairway Crossing Apartments\n-605mV (Apt. A-25)\n-422mV (Tank#4)\n-708mV (Tank#2)\n-530mV (Tank#1)\n4. §192.723 Distribution systems: Leakage surveys.\n(a) Each operator of a gas distribution system shall conduct periodic leakage surveys\nin accordance with this section.\n(b) The type and scope of the leakage control program must be determined by the\nnature of the operations and the local conditions, but it must meet the following\nminimum requirements:\n(1) A leakage survey with leak detector equipment must be conducted in business\ndistricts, including tests of the atmosphere in gas, electric, telephone, sewer, and\nwater system manholes, at cracks in pavement and sidewalks, and at other locations\nproviding an opportunity for finding gas leaks, at intervals not exceeding 15 months,\nbut at least once each calendar year.\nSuburban did not conduct periodic leakage surveys with leak detector equipment in\nbusiness districts along its pipeline system at intervals not exceeding 15 months, but at\nleast once in calendar years 2009 and 2010. That is, Suburban did not provide any records\nto demonstrate that it had conducted leakage surveys in business districts with leak\ndetector equipment in accordance with the prescribed intervals.\n5. §192.723 Distribution systems: Leakage surveys.\n(a) Each operator of a gas distribution system shall conduct periodic leakage surveys\nin accordance with this section.\n(b) The type and scope of the leakage control program must be determined by the\nnature of the operations and the local conditions, but it must meet the following\nminimum requirements:\n... (2) A leakage survey with leak detector equipment must be conducted outside\nbusiness districts as frequently as necessary, but at least once every 5 calendar years\nat intervals not exceeding 63 months. However, for cathodically unprotected\ndistribution lines subject to §192.465(e) on which electrical surveys for corrosion are\nimpractical, a leakage survey must be conducted at least once every 3 calendar years\nat intervals not exceeding 39 months.\nSuburban did not conduct periodic leakage surveys with leak detector equipment outside\nof business districts along its pipeline system at least once every 5 calendar years and at\nintervals not exceeding 63 months. That is, Suburban did not provide any records to\n3\n\n\n\ndemonstrate that it had conducted leakage surveys outside of business districts with leak\ndetector equipment in accordance with the prescribed intervals.\n6. §192.747 Valve maintenance: Distribution systems.\n(a) Each valve, the use of which may be necessary for the safe operation of a\ndistribution system, must be checked and serviced at intervals not exceeding 15\nmonths, but at least once each calendar year.\n(b) Each operator must take prompt remedial action to correct any valve found\ninoperable, unless the operator designates an alternative valve.\nSuburban did not check and service each valve in its distribution system that may be\nnecessary for the safe operation of its distribution system in calendar years 2009 and 2010.\nThe last valve inspections shown in Suburban’s records were conducted in June 2008 at\nthe Sea Crest Apartments and in December 2009 at the Siesta Royal Apartments and\nFairway Crossing Apartments.\n7. §192.739 Pressure limiting and regulating stations: Inspection and testing.\n(a) Each pressure limiting station, relief device (except rupture discs), and Pressure\nregulating station and its equipment must be subjected at intervals not exceeding 15\nmonths, but at least once each calendar year, to inspections and tests to determine\nthat it is–\n(1) In good mechanical condition;\n(2) Adequate from the standpoint of capacity and reliability of operation for the\nservice in which it is employed;\n(3) Except as provided in paragraph (b) of this section, set to control or relieve at the\ncorrect pressure consistent with the pressure limits of §192.201(a); and\n(4) Properly installed and protected from dirt, liquids, or other conditions that\nmight prevent proper operation.\nSuburban had Fisher 64SR regulators installed on 500-gallon and 1,000-gallon\nunderground LPG tanks. These regulators are ½-inch in size with a ¼-inch orifice and\nhave pressure ratings of 250 psig at the inlet and 5-35 psig at the outlet.\nSuburban did not to inspect and test these regulators in calendar year 2010; the last\ninspection was done in December 2009.\nSuburban did not provide any records to demonstrate that these regulators were adequate\nfrom the standpoint of capacity and reliability of operation for the service in which they\nare employed.\nSuburban did not provide any records to demonstrate that the regulators are set to control\nor relieve at the correct pressure consistent with the pressure limits of §192.201(a). That\nis, there were no set points recorded for these regulators and the capacity at the inlet\npressure and the capacity at the outlet pressure were not calculated.\n8. §192.625 Odorization of gas\n(a) A combustible gas in a distribution line must contain a natural odorant or be\nodorized so that at a concentration in air of one-fifth of the lower explosive limit, the\n4\n\n\n\ngas is readily detectable by a person with a normal sense of smell.\n.... (f) To assure the proper concentration of odorant in accordance with this section,\neach operator must conduct periodic sampling of combustible gases using an\ninstrument capable of determining the percentage of gas in air at which the odor\nbecomes readily detectable.\n(See also NFPA 58, Section 4.2.3, LP- Gas Odorization)\nSuburban did not conduct periodic sampling (“sniff tests”) to assure the proper\nconcentration of odorant using an instrument capable of determining the percentage of gas\nin air at which the odor becomes readily detectable.\n9. §192.355 Customer meters and regulators: Protection from damage.\n.... (c) Pits and vaults. Each pit or vault that houses a customer meter or regulator at\na place where vehicular traffic is anticipated must be able to support that traffic.\n(See also NFPA 59, Section 7.8.1, Protection of Container Accessories)\nSuburban did not protect the vaults in which the regulators are housed from vehicular\ntraffic. These vaults do not appear to be capable of supporting vehicular traffic. Also, the\nunderground LPG tanks were not secured from unauthorized operation, i.e. no locks.\n10. §192.491 Corrosion control records.\n(a) Each operator shall maintain records or maps to show the location of\ncathodically protected piping, cathodic protection facilities, galvanic anodes, and\nneighboring structures bonded to the cathodic protection system. Records or maps\nshowing a stated number of anodes, installed in a stated manner or spacing, need not\nshow specific distances to each buried anode.\n(b) Each record or map required by paragraph (a) of this section must be retained\nfor as long as the pipeline remains in service.\n(c) Each operator shall maintain a record of each test, survey, or inspection required\nby this subpart in sufficient detail to demonstrate the adequacy of corrosion control\nmeasures or that a corrosive condition does not exist. These records must be\nretained for at least 5 years, except that records related to §§192.465(a) and (e) and\n192.475(b) must be retained for as long as the pipeline remains in service.\nSuburban did not have a revised and updated system map showing the location of galvanic\nanodes and cathodically protected piping.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of\n$1,000,000 for any related series of violations. We have reviewed the circumstances and\nsupporting 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\nthe items identified in this letter. Failure to do so will result in Suburban Propane being\nsubject to additional enforcement action.\n5\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2011-0001W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\ncc: Jim Maltby\nCustomer Service Center Manager\nSuburban Propane\n6991 – 15th Street East\nSarasota, Florida 34243\nThomas Ross\nGeneral Manager\nSuburban Propane\n6991- 15th Street East\nSarasota, Florida 34243\n6","truncated":false,"body_characters":14486}