{"operation":"document","citation":"CPF 220120004W","title":"SUBURBAN PROPANE — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-08-01","effective_on":null,"summary":"CLOSED warning letter citing 192.1005, 192.11(b), 192.16, 192.195, 192.353(a), 192.463(a), 192.465(a), 192.465(d), 192.481, 192.491(a), 192.605(a), 192.615(b), 192.615(c), 192.616(h), 192.616(i), 192.625(f), 192.707, 192.721, 192.723, 192.739(a), 192.741(a), 192.743, 192.747(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220120004w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220120004w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220120004w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220120004W","body":"Warning Letter involving SUBURBAN PROPANE. PHMSA's enforcement data identifies the cited regulations as 192.1005,  192.11(b),  192.16,  192.195,  192.353(a),  192.463(a),  192.465(a),  192.465(d),  192.481,  192.491(a),  192.605(a),  192.615(b),  192.615(c),  192.616(h),  192.616(i),  192.625(f),  192.707,  192.721,  192.723,  192.739(a),  192.741(a),  192.743,  192.747(a). The case was opened on 2012-08-01 and is reported as closed as of 2012-08-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220120004W_warning letter_08012012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220120004W/220120004W_warning%20letter_08012012.pdf\n\n220120004W_warning letter_08012012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220120004W/220120004W_warning%20letter_08012012_text.pdf\n\n220120004W_warning letter_08012012_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 1, 2012\nMr. Steven Boyd\nVice President of Field Operations\nSuburban Propane\n3161 Cameron Park Drive, Suite 207\nCameron Park, CA 95682-7978\nCPF 2-2012-0004W\nDear Mr. Boyd:\nFrom December 5-9, 2011, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) inspected the Suburban Propane (Suburban) records and procedures\nin its North Miami, Florida, office and its liquefied petroleum gas (LPG) pipeline systems in\nDade County, Florida, pursuant to Chapter 601 of 49 United States Code.\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 as follows:\n1. §192.11 Petroleum gas systems.\n... (b) Each pipeline system subject to this part that transports only petroleum gas or\npetroleum gas/air mixtures must meet the requirements of this part and of\nANSI/NFPA 58 and 59.\nSuburban did not meet the requirements of NFPA 58 (2004), Section 6.7.4.6, which states\nthat “The point of discharge shall also be located not less than 5 ft (1.5 m) in any\ndirection away from any source of ignition, openings into direct-vent (sealed combustion\nsystem) appliances, or mechanical ventilation air intakes.”\n\n\n\nSuburban installed the point of discharge from pressure relief devices on regulating\nequipment less than 5 feet from sources of ignition at the following locations:\n– 1500 SW 131st Avenue at University Lakes\n– 2787 E Marina Drive at Estates of Fort Lauderdale\n– 501 135th Way at Sunshine City\n2. §192.16 Customer notification.\n(a) This section applies to each operator of a service line who does not maintain the\ncustomer's buried piping up to entry of the first building downstream, or, if the\ncustomer's buried piping does not enter a building, up to the principal gas utilization\nequipment or the first fence (or wall) that surrounds that equipment. For the\npurpose of this section, “customer's buried piping” does not include branch lines\nthat serve yard lanterns, pool heaters, or other types of secondary equipment. Also,\n“maintain” means monitor for corrosion according to §192.465 if the customer's\nburied piping is metallic, survey for leaks according to §192.723, and if an unsafe\ncondition is found, shut off the flow of gas, advise the customer of the need to repair\nthe unsafe condition, or repair the unsafe condition.\n(b) Each operator shall notify each customer once in writing of the following\ninformation:\n(1) The operator does not maintain the customer's buried piping.\n(2) If the customer's buried piping is not maintained, it may be subject to the\npotential hazards of corrosion and leakage.\n(3) Buried gas piping should be—\n(i) Periodically inspected for leaks;\n(ii) Periodically inspected for corrosion if the piping is metallic; and\n(iii) Repaired if any unsafe condition is discovered.\n(4) When excavating near buried gas piping, the piping should be located in advance,\nand the excavation done by hand.\n(5) The operator (if applicable), plumbing contractors, and heating contractors can\nassist in locating, inspecting, and repairing the customer's buried piping.\n(c) Each operator shall notify each customer not later than August 14, 1996, or 90\ndays after the customer first receives gas at a particular location, whichever is later.\nHowever, operators of master meter systems may continuously post a general notice\nin a prominent location frequented by customers.\n(d) Each operator must make the following records available for inspection by the\nAdministrator or a State agency participating under 49 U.S.C. 60105 or 60106:\n(1) A copy of the notice currently in use; and\n(2) Evidence that notices have been sent to customers within the previous 3 years.\nSuburban did not notify each customer once in writing of the information required by the\nregulation within 90 days after its customers first received gas. Suburban did not have\ndocumentation to demonstrate that it had provided the notice required by §192.16(b) in\nthe time allowed by §192.16(c). Moreover, Suburban did not have a copy of the notice\ncurrently in use as required by §192.16(d)(1). Photographic evidence of buried customer\npiping downstream of the meter was taken at 348 Big Cypress Drive in Seminole Estates.\n2\n\n\n\n3. §192.195 Protection against accidental overpressuring.\n(a) General requirements. Except as provided in §192.197, each pipeline that is\nconnected to a gas source so that the maximum allowable operating pressure could\nbe exceeded as the result of pressure control failure or of some other type of failure,\nmust have pressure relieving or pressure limiting devices that meet the requirements\nof §§192.199 and 192.201.\n(b) Additional requirements for distribution systems. Each distribution system that\nis supplied from a source of gas that is at a higher pressure than the maximum\nallowable operating pressure for the system must—\n(1) Have pressure regulation devices capable of meeting the pressure, load, and other\nservice conditions that will be experienced in normal operation of the system, and\nthat could be activated in the event of failure of some portion of the system; and\n(2) Be designed so as to prevent accidental overpressuring.\nSuburban failed to ensure that each pipeline that was connected to a gas source, for which\nthe maximum allowable operating pressure could be exceeded as the result of pressure\ncontrol failure or some other type of failure, had a pressure relieving or pressure limiting\ndevice that met the requirements §192.199 and §192.201.\nSuburban supplies gas to its pipeline systems from LPG storage tanks capable of operating\nat well over 100 psig while its downstream pipeline systems have a maximum allowable\noperating pressure of 30 psig. There were not any additional over pressure relieving or\npressure limiting devices installed on the pipelines downstream of its storage tanks that\nwould have prevented accidental overpressuring of the pipeline systems had the primary\nregulator failed. The lack of overpressure protection was identified, during the field\ninspection, on the pipelines downstream of:\n– the tank at 2523 Opa Locka\n– the tank at 2525 Opa Locka\n– tanks 5, 8, 10, and 13 at Boulevard Heights\n– tanks 25 and 26 at Oakland Acres\n– the tank at Randall Square\n– tanks 1, 2, 4, and 5 at Stardust\n– the tank at Sunshine Village (Note: though the operator had installed overpressure\nprotection at this location, the PHMSA inspectors found the overpressure protection\nby-passed during the inspection leaving the downstream pipeline without protection\nfrom accidental overpressuring)\n– tanks 9, 14, and 15 at University Lakes\n4. § 192.353 Customer meters and regulators: Location.\n(a) Each meter and service regulator, whether inside or outside a building, must be\ninstalled in a readily accessible location and be protected from corrosion and other\ndamage, including, if installed outside a building, vehicular damage that may be\nanticipated. However, the upstream regulator in a series may be buried.\nSuburban did not protect each meter and service regulator installed outside a building\nfrom vehicular damage. During the field inspection, a meter not protected from vehicular\ndamage was found in the vacant lot adjacent to 1112 SW 127th Court in University Lakes.3\n\n\n\nEvidence of the probable violation is based on field observations of the inspectors and\nphotographs that show the meter was not protected from vehicular damage and had\nprobably been struck by a vehicle.\n5. §192.463 External corrosion control: Cathodic protection.\n(a) Each cathodic protection system required by this subpart must provide a level of\ncathodic protection that complies with one or more of the applicable criteria\ncontained in appendix D of this part. If none of these criteria is applicable, the\ncathodic protection system must provide a level of cathodic protection at least equal\nto that provided by compliance with one or more of these criteria.\nSuburban did not ensure that its installed cathodic protection systems provided a level of\ncathodic protection that complied with one or more of the applicable criteria contained in\nAppendix D of Part 192.\nCathodic protection testing performed during the inspection found locations with low1\npipe-to-soil (p/s) readings indicating inadequate levels of cathodic protection. An\nabbreviated list of locations with associated low p/s readings follows:\n– 2523 Opa Locka 12/07/2011\n– Tank -426 mV\n– Pipeline -333 mV\n– 2525 Opa Locka 12/07/2011\n– Tank -488 mV\n– Pipeline -488 mV\n– Boulevard Heights 12/08/2011 02/22-23/2011\n– Tank 8 -651 mV -762 mV\n– Tank 13 -505 mV -383 mV\n– Pipeline downstream Tank 5 -359 mV -394 mV\n– Pipeline downstream Tank 8 -348 mV -429 mV\n– Pipeline downstream Tank 10 -510 mV -507 mV\n– Fairway Heights #2 12/07/2011\n– Tank 3 -416 mV\n– Pipeline -294 mV\n– Fairway Heights #4 12/07/2011\n– 15720 SW 104th Avenue -416 mV\n– Oakland Acres 12/07/2011\n– Tank 25 -185 mV\n– Tank 26 -320 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” pipe-to-soil (p/s) reading is a reading less negative than -850mV.4\n\n\n\n– Stardust 12/07/2011\n– Tank 1 -327 mV\n– Tank 2 -612 mV\n– Tank 4 -430 mV\n– Tank 7 -480 mV\n– Tank 11 -730 mV\n– University Lakes 12/07/2011 01/25-26/2011\n– 12920 SW 14th Street -828 mV -531 mV\n– 1447 SW 131st Avenue -299 mV -264 mV\n– Pool Meter -552 mV -656 mV\n6. §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. However, if tests at those\nintervals are impractical for separately protected short sections of mains or\ntransmission line, not in excess of 100 feet (30 meters), or separately protected\nservice line, these pipelines may be surveyed on a sampling basis. At least 10 percent\nof these protected structures, distributed over the entire system must be surveyed\neach calendar year, with a different 10 percent checked each subsequent year, so\nthat the entire system is tested in each 10-year period.\nSuburban did not test each pipeline that is under cathodic protection, 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 provided records for the annual cathodic protection monitoring that it had\nperformed. However, Suburban was unable to provide records demonstrating that it\nperformed external corrosion control monitoring on the following systems for the years\nindicated:\n– 2523 Opa Locka 2009 - 2011\n– 2525 Opa Locka 2009 - 2011\n– Boulevard Heights 2010\n– Estates of Ft. Lauderdale 2010\n– Fairway Heights #2: 2009 - 2011\n– Fairway Heights #4: 2009 - 2011\n– Oakland Acres: 2009 - 2011\n– Randall Square: 2009 - 2011\n– Seminole Estates: 2010\n– Stardust: 2009 - 2011\n– Sunshine City: 2009 - 2011\n– Sunshine Village: 2009 - 2011\n– University Lakes: 2009\n5\n\n\n\n7. §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 indicated by its\nexternal corrosion control monitoring.\nSuburban provided documentation showing that it had low cathodic protection potentials\nin its 2009 monitoring at several locations in Boulevard Heights. Documentation of its\n2011 monitoring continued to show low cathodic protection potentials. Suburban was\nunable to produce documentation that it had corrected the deficiencies. The locations\nidentified were:\nBoulevard Heights June 2009 February 2011\n– Tank 1 -401 mV -524 mV\n– Tank 2 -394 mV -254 mV\n– Tank 4 -846 mV -747 mV\n– Tank 13 -714 mV -383 mV\nAdditionally, Suburban documentation showed the Sunshine Village Test Station 61 test\nlead produced no readings during its external corrosion control monitoring on\nJune 30, 2009. When checked in the field on December 8, 2011, the test lead still\nproduced no reading. Suburban was unable to produce documentation that it had\ncorrected the deficiency.\n8. §192.481 Atmospheric corrosion control: Monitoring.\n(a) Each operator must inspect each pipeline or portion of pipeline that is exposed to\nthe atmosphere for evidence of atmospheric corrosion, as follows:\nIf the pipeline is located: Then the frequency of inspection is:\nOnshore At least once every 3 calendar years, but with\nintervals not exceeding 39 months\nOffshore At least once each calendar year, but with intervals\nnot exceeding 15 months\n(b) During inspections the operator must give particular attention to pipe at soil-to-\nair interfaces, under thermal insulation, under disbonded coatings, at pipe supports,\nin splash zones, at deck penetrations, and in spans over water.\n(c) If atmospheric corrosion is found during an inspection, the operator must\nprovide protection against the corrosion as required by §192.479.\nSuburban did not inspect each onshore pipeline or portion of pipeline exposed to the\natmosphere for evidence of atmospheric corrosion at least once every 3 calendar years, but\nwith intervals not exceeding 39 months. Suburban has onshore pipelines exposed to the\natmosphere for which it provided no records demonstrating that it performed atmospheric\ncorrosion control monitoring for 2523 Opa Locka, 2525 Opa Locka, Fairway Heights #2,\nFairway Heights #4, Oakland Acres, Randall Square, Stardust, Sunshine City, and\nSunshine Village in calendar years 2009, 2010, or 2011.\n6\n\n\n\n9. §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.\nSuburban did not maintain records and maps showing the location of cathodically\nprotected piping, cathodic protection facilities, galvanic anodes, and neighboring\nstructures bonded to the cathodic protection system for its pipeline facilities. Suburban’s\npipeline system maps did not identify the location of all cathodically protected piping and\ngalvanic anodes.\n10. §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. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least once each\ncalendar year. This manual must be prepared before operations of a pipeline system\ncommence. Appropriate parts of the manual must be kept at locations where\noperations and maintenance activities are conducted.\nThe Suburban written procedural manual for operations, maintenance, and emergencies\ndid not have procedures for the following:\n– defining an incident in accordance with the definition found in §191.3\n– requiring reports (except SRCR and offshore pipeline condition reports) be submitted\nin accordance with the requirements of §191.7\n– reporting mechanical fitting failures on its distribution systems as required by §191.12\n– notifying PHMSA electronically through the National Registry of Pipeline and LNG\nOperators at http://opsweb.phmsa.dot.gov of certain events, as required by §191.22\n– filing written safety-related conditions reports in accordance with the requirements of\n§191.23\n– notifying new customers, within 90 days, of their responsibility for service lines not\nmaintained by the operator as required by §192.16\n– joining plastic pipe in accordance with §192.281\n– qualifying joining procedures for plastic pipe in accordance with §192.283\n– qualifying persons to make plastic pipe joints in accordance with §192.285\n– inspecting joints in plastic pipes in accordance with §192.287\n– installing excess flow valves (EFV) which meet the performance requirements of\n§192.381 on new or replaced service lines on single-family residences as required\nby §192.383\n– having design, installation, and maintenance of cathodic protection systems carried out\nby, or under the direction of, a person qualified in pipeline corrosion control methods\nas specified in §192.453\n– examining buried pipe when exposed as required by §192.459\n7\n\n\n\n– applying a protective coating, for the purpose of external corrosion control in\naccordance with §192.461\n– providing a level of cathodic protection that complies with one or more of the\napplicable criteria contained in appendix D of Part 192, as required by §192.463\n– taking prompt remedial action to correct any deficiencies indicated by cathodic\nprotection monitoring as required by §192.465(d)\n– electrically isolating buried or submerged pipelines from other underground metallic\nstructures and performing inspection and electrical tests to assure that electrical\nisolation is adequate as required by §192.467\n– having sufficient test stations or other contact points for electrical measurements as\nrequired by §192.469\n– installing and maintaining test leads in accordance with §192.471\n– inspecting the internal surface for evidence of corrosion whenever any pipe is\nremoved from a pipeline for any reason as required by §192.475(b)\n– inspecting pipelines exposed to the atmosphere in accordance with §192.481\n– maintaining corrosion control records and maps in accordance with §192.491\n– making construction records, maps, and operating history available to appropriate\noperating personnel as required by §192.605(b)(3)\n– periodically reviewing work done by operator personnel to determine the effectiveness\nof procedures used in normal operation as required by §192.605(b)(8)\n– taking adequate precautions in excavated trenches as required by §192.605(b)(9)\n– having a damage prevention program as required by §192.614\n– responding to emergencies in accordance with §192.615(a)\n– furnishing supervisors the latest edition of emergency procedures, training appropriate\noperating personnel, and reviewing employee activities to determine whether the\nprocedures were effectively followed in each emergency as required by §192.615(b)\n– establishing and maintaining liaison appropriate fire, police, and other public officials\nas required by §192.615(c)\n– investigating failures in accordance with §192.617\n– odorizing the gas so that at a concentration in air of one-fifth of the lower explosive\nlimit, the gas is readily detectable by a person with a normal sense of smell, as\nrequired by §192.625(a); and conducting periodic sampling of combustible gases\nusing an instrument capable of determining the percentage of gas in air at which the\nodor becomes readily detectable as required by §192.625(f).\n– placing and maintaining line markers as required by §192.707\n– inspecting and testing pressure limiting and regulating stations at intervals not\nexceeding 15 months, but at least once each calendar year as required by §192.739(a)\n– taking prompt remedial action to correct any valve found inoperable as required by\n§192.747(b)\n– a qualification program meeting the requirements of Subpart N (i.e. §192.801-809)\n11. §192.615 Emergency plans.\n... (b) Each operator shall:\n(1) Furnish its supervisors who are responsible for emergency action a copy of that\nportion of the latest edition of the emergency procedures established under\n8\n\n\n\nparagraph (a) of this section as necessary for compliance with those procedures.\n(2) Train the appropriate operating personnel to assure that they are knowledgeable\nof the emergency procedures and verify that the training is effective.\n(3) Review employee activities to determine whether the procedures were effectively\nfollowed in each emergency.\nSuburban did not train the appropriate operating personnel to assure that they are\nknowledgeable of the emergency procedures and verify that the training was effective.\nSuburban did not have documentation demonstrating that it had trained the appropriate\noperating personnel to assure that they are knowledgeable of the emergency procedures\nand verified that the training was effective.\n12. §192.615 Emergency plans.\n... (c) Each operator shall establish and maintain liaison with appropriate fire, police,\nand other public officials to:\n(1) Learn the responsibility and resources of each government organization that may\nrespond to a gas pipeline emergency;\n(2) Acquaint the officials with the operator's ability in responding to a gas pipeline\nemergency;\n(3) Identify the types of gas pipeline emergencies of which the operator notifies the\nofficials; and\n(4) Plan how the operator and officials can engage in mutual assistance to minimize\nhazards to life or property.\nSuburban did not establish and maintain liaison with appropriate fire, police, and other\npublic officials. When requested, Suburban was unable to provide documentation\nshowing that it established and maintained liaison with fire, police, and other public\nofficials.\n13. §192.616 Public Awareness.\n... (h) Operators in existence on June 20, 2005, must have completed their written\nprograms no later than June 20, 2006. The operator of a master meter or petroleum\ngas system covered under paragraph (j) of this section must complete development of\nits written procedure by June 13, 2008. Upon request, operators must submit their\ncompleted programs to PHMSA or, in the case of an intrastate pipeline facility\noperator, the appropriate State agency.\nSuburban did not complete its public awareness program by the regulatory deadline. At\nthe time of the inspection, Suburban did not have a written program or procedures in place\nthat met the requirements of §192.616.\n14. §192.616 Public Awareness.\n... (i) The operator's program documentation and evaluation results must be\navailable for periodic review by appropriate regulatory agencies.\nSuburban did not document its public awareness program. When requested, Suburban\nprovided no documentation of public awareness activities.\n9\n\n\n\n15. §192.625 Odorization of gas.\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. Operators of master meter systems may comply with\nthis requirement by-\n(1) Receiving written verification from their gas source that the gas has the proper\nconcentration of odorant; and\n(2) Conducting periodic \"sniff\" tests at the extremities of the system to confirm that\nthe gas contains odorant.\nSuburban did not assure the proper concentration of odorant by conducting periodic\nsampling of combustible gases using an instrument capable of determining the percentage\nof gas in air at which the odor becomes readily detectable. Suburban provided\ndocumentation from its propane supplier showing the propane was odorized prior to\ndelivery and records showing that the operator conducted periodic “sniff” tests to confirm\nthe gas contained odorant. However, since Suburban was not operating master meter\nsystems, it cannot solely rely on this method to comply with the regulation. The only\nacceptable method of complying was to use an instrument capable of determining the\npercentage of gas in air at which the odor becomes readily detectable.\n16. §192.707 Line markers for mains and transmission lines.\n(a) Buried pipelines. Except as provided in paragraph (b) of this section, a line\nmarker must be placed and maintained as close as practical over each buried main\nand transmission line:\n(1) At each crossing of a public road and railroad; and\n(2) Wherever necessary to identify the location of the transmission line or main to\nreduce the possibility of damage or interference.\n(b) Exceptions for buried pipelines. Line markers are not required for the following\npipelines:\n(1) Mains and transmission lines located offshore, or at crossings of or under\nwaterways and other bodies of water.\n(2) Mains in Class 3 or Class 4 locations where a damage prevention program is in\neffect under §192.614.\n(3) Transmission lines in Class 3 or 4 locations until March 20, 1996.\n(4) Transmission lines in Class 3 or 4 locations where placement of a line marker is\nimpractical.\n(c) Pipelines aboveground. Line markers must be placed and maintained along each\nsection of a main and transmission line that is located aboveground in an area\naccessible to the public.\n(d) Marker warning. The following must be written legibly on a background of\nsharply contrasting color on each line marker:\n(1) The word “Warning,” “Caution,” or “Danger” followed by the words “Gas (or\nname of gas transported) Pipeline” all of which, except for markers in heavily\ndeveloped urban areas, must be in letters at least 1 inch (25 millimeters) high\nwith1/4inch (6.4 millimeters) stroke.\n10\n\n\n\n(2) The name of the operator and the telephone number (including area code) where\nthe operator can be reached at all times.\nSuburban did not place pipeline markers as close as practical over each buried main at\neach crossing of a public road and along each section of mains that were located\naboveground in an area accessible to the public. During the field inspection, the\ninspectors identified multiple locations where buried mains crossed public streets and\nwhere mains came aboveground that did not have pipeline markers.\n17. §192.721 Distribution systems: Patrolling.\n(a) The frequency of patrolling mains must be determined by the severity of the\nconditions which could cause failure or leakage, and the consequent hazards to\npublic safety.\n(b) Mains in places or on structures where anticipated physical movement or\nexternal loading could cause failure or leakage must be patrolled—\n(1) In business districts, at intervals not exceeding 4½ months, but at least four times\neach calendar year; and\n(2) Outside business districts, at intervals not exceeding 7½ months, but at least twice\neach calendar year.\nSuburban did not patrol its mains in business districts at intervals not exceeding 4½\nmonths, but at least four times each calendar year and its mains outside business districts\nat intervals not exceeding 7½ months, but at least twice each calendar year. Suburban had\nno records documenting that it patrolled Randall Square (in a business district),\n2523 Opa Locka, 2525 Opa Locka, Boulevard Heights, Estates of Ft. Lauderdale, Fairway\nHeights #2, Fairway Heights #4, Oakland Acres, Seminole Estates, Stardust, Sunshine\nCity, Sunshine Village, and University Lakes for 2009-2011.\n18. §192.723 Distribution systems: Leakage surveys.\n(a) Each operator of a distribution system shall conduct periodic leakage surveys in\naccordance 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.\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.\n11\n\n\n\nSuburban did not conduct periodic leakage surveys in accordance with §192.723.\nSuburban had no records documenting that it conducted leak surveys at intervals not\nexceeding 15 months, but at least once each calendar year at Randall Square. Furthermore,\nSuburban had no records documenting that it conducted leak surveys at least once every\n5 calendar years at intervals not exceeding 63 months at 2523 Opa Locka,\n2525 Opa Locka, Fairway Heights #2, Fairway Heights #4, Oakland Acres, Seminole\nEstates, Stardust, Sunshine City, Sunshine Village, and University Lakes.\n19. §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 might\nprevent proper operation.\n§ 192.743 Pressure limiting and regulating stations: Capacity of relief devices.\n(a) Pressure relief devices at pressure limiting stations and pressure regulating\nstations must have sufficient capacity to protect the facilities to which they are\nconnected. Except as provided in §192.739(b), the capacity must be consistent with\nthe pressure limits of §192.201(a). This capacity must be determined at intervals not\nexceeding 15 months, but at least once each calendar year, by testing the devices in\nplace or by review and calculations.\n(b) If review and calculations are used to determine if a device has sufficient\ncapacity, the calculated capacity must be compared with the rated or experimentally\ndetermined relieving capacity of the device for the conditions under which it\noperates. After the initial calculations, subsequent calculations need not be made if\nthe annual review documents that parameters have not changed to cause the rated or\nexperimentally determined relieving capacity to be insufficient.\n(c) If a relief device is of insufficient capacity, a new or additional device must be\ninstalled to provide the capacity required by paragraph (a) of this section.\nSuburban did not inspect and test its pressure limiting and regulating stations at intervals\nnot exceeding 15 months, but at least once each calendar year. Moreover, Suburban did\nnot determine the capacity at intervals not exceeding 15 months, but at least once each\ncalendar year, by testing the devices in place or by review and calculations.\nSuburban did not have records demonstrating that it inspected, tested, or determined the\ncapacity of each pressure limiting and regulating station and its equipment at intervals not\nexceeding 15 months, but at least once each calendar year at the following locations:\n12\n\n\n\n– No records for calendar years 2009 – 2011 for 2523 Opa Locka, 2525 Opa Locka,\nFairway Heights #2, Fairway Heights #4, Oakland Acres, Randall Square, Stardust,\nSunshine City, and Sunshine Village.\n– No records for calendar years 2009 – 2010 for Boulevard Heights, Estates of\nFt. Lauderdale, and Seminole Estates.\n– No records for calendar years 2009 and 2011 for University Lakes.\n20. §192.741 Pressure limiting and regulating stations: Telemetering or recording\ngauges.\n(a) Each distribution system supplied by more than one district pressure regulating\nstation must be equipped with telemetering or recording pressure gauges to indicate\nthe gas pressure in the district.\nSuburban did not equip each distribution system supplied by more than one district\nregulating station with telemetering or recording pressure gauges to indicate the gas\npressure in the district. Suburban had systems which were fed from more than one district\nregulating station (i.e. regulator at each tank) which did not have telemetering or recording\npressure gauges. During the field inspection, the inspector identified this item at\nBoulevard Heights, Fairway Heights #2, Oakland Acres, Stardust, and University Lakes.\n21. §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 which may be necessary for the safe\noperation of its pipeline distribution system at intervals not exceeding 15 months, but at\nleast once each calendar year. Records reviewed during the inspection identified the\nfollowing:\n– No records for calendar years 2009 – 2011: for 2523 Opa Locka, 2525 Opa Locka,\nFairway Heights #2, Fairway Heights #4, Oakland Acres, Randall Square, Stardust,\nSunshine City, and Sunshine Village.\n– No records for 2010: Boulevard Heights, Estates of Ft. Lauderdale, and Seminole Estates.\n22. §192.1005 What must a gas distribution operator (other than a master meter or\nsmall LPG operator) do to implement this subpart?\nNo later than August 2, 2011 a gas distribution operator must develop and\nimplement an integrity management program that includes a written integrity\nmanagement plan as specified in §192.1007.\nSuburban did not develop and implement an integrity management program that includes\na written integrity management plan as specified in §192.1007 by August 2, 2011. As of\nthe dates of the inspection, the operator’s plan was still being developed and had not yet\nbeen implemented.\nUnder 49 United States Code, § 60122, Suburban is 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 and13\n\n\n\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.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2012-0004W. 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: Thomas Ross, Managing Director\nSuburban Propane\n6991 15th Street E\nSarasota, FL 34243-3277\nSteve Watson, Customer Service Center Manager\nSuburban Propane\n1491 NE 130th ST\nNorth Miami, FL 33161-4410\n14","truncated":false,"body_characters":36384}