{"operation":"document","citation":"CPF 220110003W","title":"SUBURBAN PROPANE — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-04-06","effective_on":null,"summary":"CLOSED warning letter citing 191.11(a), 192.355(c), 192.465(a), 192.465(b), 192.465(d), 192.491(a), 192.605(a), 192.625(a), 192.723(a), 192.739(a), 192.747(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220110003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220110003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220110003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220110003W","body":"Warning Letter involving SUBURBAN PROPANE. PHMSA's enforcement data identifies the cited regulations as 191.11(a),  192.355(c),  192.465(a),  192.465(b),  192.465(d),  192.491(a),  192.605(a),  192.625(a),  192.723(a),  192.739(a),  192.747(a). The case was opened on 2011-04-06 and is reported as closed as of 2011-04-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220110003W_warning letter_04062011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220110003W/220110003W_warning%20letter_04062011.pdf\n\n220110003W_warning letter_04062011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220110003W/220110003W_warning%20letter_04062011_text.pdf\n\n220110003W_warning letter_04062011_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 6, 2011\nSteven Boyd\nVice President Field Operations\nSuburban Propane\n3161 Cameron Park Drive, No 207\nCameron Park, CA 95682\nCPF 2-2011-0003W\nDear Mr. Boyd:\nOn January 24-26, 2011, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) inspected facilities of two Suburban Propane (Suburban) liquefied\npetroleum gas (LPG) pipeline systems in Largo and Seminole, Florida, pursuant to Chapter\n601 of 49 United States Code. The Suburban LPG systems inspected served more than 100\ncustomers each in the Center City subdivision in Largo, Florida, and in the Golfwoods Estates\nsubdivision in Seminole, Florida. The procedures and records were evaluated in Suburban’s\noffice in Clearwater, Florida.\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. §191.11 Distribution system: Annual report.\n(a) Except as provided in paragraph (b) of this section, each operator of a\ndistribution pipeline system shall submit an annual report for that system on\nDepartment of Transportation Form RSPA F 7100.1-1. This report must be\nsubmitted each year, not later than March 15, for the preceding calendar year.\nSuburban did not submit annual reports for the calendar years 2009 and 2010.\n2. §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)\n\n\n\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, no locks.\n3. §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\n2006, 2007, 2008, 2009, and 2010. The last cathodic protection monitoring of the Center\nCity system was conducted in April/May 2005. The last cathodic protection monitoring\nof the Golfwood Estates system was conducted in November 2002.\n4. §192.465 External corrosion control: Monitoring\n.... (b) Each cathodic protection rectifier or other impressed current power source\nmust be inspected six times each calendar year, but with intervals not exceeding 2 1/2\nmonths, to insure that it is operating.\nSuburban did not inspect each rectifier in the Center City system six times each calendar\nyear, but at intervals not exceeding 2 1/2 months, to insure they were operating. The\nCenter City system has two rectifiers, which Suburban inspected only once a year in\nApril/May 2005, August 2007, and in January 2008 but not at all in 2006, 2009 and 2010.\nMoreover, the PHMSA field inspection of the two rectifiers on January 25, 2011, found\nthat both the rectifiers were not operating and showed a zero amperage output. The\nfederal pipeline safety regulation in §192.465(d) require operators to take prompt remedial\naction to correct any deficiencies indicated by the monitoring.\n5. §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 action 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 2005.\nThe pipe-to-soil monitoring conducted in April/May 2005 on the Center City LPG System\nshowed an unsatisfactory low level of cathodic protection at the following test stations:\n8996 Easy Street: - 503 mV 11474 Easy Street: - 550 mV\n9018 Fairweather Dr.: - 483 mV 9139 Fairweather Dr.: - 484 mV\n9038 Fairweather Dr.: - 495 mV 9125 Fairweather Dr.: - 650 mV\n9195 Fairweather Dr.: - 800 mV 11376 92nd Street N: - 504 mV\n11242 92nd Street N: - 350 mV\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. Accordingly, a “low” p/s reading is a reading less negative than 850mV.\n2\n\n\n\nField tests at selected test stations conducted on the Center City LPG System during the\nPHMSA inspection on January 25, 2011, revealed low p/s readings as follows:\n11376 92nd Street N: - 265 mV 9195 Fairweather Dr.: - 700 mV\n11543 Easy Street: - 550 mV\nField tests at selected test stations conducted on the Golfwoods Estates LPG System\nduring the PHMSA inspection on January 25, 2011, revealed low p/s readings as follows:\n8256 Lark Street: - 204 mV 8319 Iris Avenue: - 410 mV\n8126 Flamevine Av: - 348 mV 8518 Magnolia Dr.: - 252 mV\n8641 Lantana Drive: - 327 mV 8697 Lantana Dr.: - 510 mV\nAdditionally, Suburban did not take prompt remedial action to repair a rectifier at 11565\n92nd Way North and a rectifier located at 9050 Fairweather Dr., each of which was found\ninoperative by the PHMSA inspectors on January 25, 2011.\n6. §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, rectifiers and cathodically protected piping.\n7. §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.\n3\n\n\n\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\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. §192.723 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.\n10. §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.\n4\n\n\n\nThe operator did not conduct a residential gas leak survey with leak detector equipment at\nintervals not exceeding 63 months but at least once every 5 calendar years. Moreover,\nSuburban did not provide any records to demonstrate that it had conducted leakage\nsurveys outside of business districts with leak detector equipment in accordance with the\nprescribed intervals.\n11. §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 1000-gallon\nunderground LPG tanks. These regulators are ¾-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. Suburban did not\ninspect and test these regulators in calendar years 2009 and 2010. The regulator stability\ntest was last done in November 2002.\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.\n12. §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.\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 inspection was conducted in November 2002.\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 2-2011-0003W. 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: Henry W. Howell\nCustomer Service Center Manager\nSuburban Propane\n775 Belleair Road\nClearwater, Florida 33756\nThomas Ross\nGeneral Manager\nSuburban Propane\n6991-15th Street East\nSarasota, Florida 34243\n6","truncated":false,"body_characters":14989}