{"operation":"document","citation":"CPF 220200002W","title":"SUBURBAN PROPANE — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-08-31","effective_on":null,"summary":"CLOSED warning letter citing 192.1015(b), 192.1015(b)(5), 192.11(b), 192.365(a), 192.465(a), 192.465(d), 192.603(b), 192.614(b), 192.625(f)(1), 192.625(f)(2), 192.707(c), 192.739(a)(1), 192.739(a)(2), 192.739(a)(3), 192.739(a)(4), 192.747(a), 192.805(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220200002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220200002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220200002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220200002W","body":"Warning Letter involving SUBURBAN PROPANE. PHMSA's enforcement data identifies the cited regulations as 192.1015(b),  192.1015(b)(5),  192.11(b),  192.365(a),  192.465(a),  192.465(d),  192.603(b),  192.614(b),  192.625(f)(1),  192.625(f)(2),  192.707(c),  192.739(a)(1),  192.739(a)(2),  192.739(a)(3),  192.739(a)(4),  192.747(a),  192.805(b). The case was opened on 2020-08-31 and is reported as closed as of 2020-08-31. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220200002W_Warning Letter_08312020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220200002W/220200002W_Warning%20Letter_08312020.pdf\n\n220200002W_Warning Letter_08312020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220200002W/220200002W_Warning%20Letter_08312020_text.pdf\n\n220200002W_Warning Letter_08312020_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 31, 2020\nKeith P. Onderdonk\nVice President, Operational Support\nSuburban Propane, L.P.\n240 Route 10 West\nWhippany, NJ 07981\nCPF 2-2020-0002W\nDear Mr. Onderdonk:\nFrom August 19 to 22, 2019, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, Office of Pipeline Safety(OPS), inspected Suburban\nPropane, L.P. (“Suburban”) liquefied petroleum gas (LP-Gas) records and selected procedures in\nSuburban’s Sarasota, Florida, office and pipeline facilities in Sarasota County, Florida, pursuant\nto Chapter 601 of 49 United States Code (U.S.C.).\nAs a result of the inspection, it is alleged that Suburban has committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 192.11 Petroleum gas systems.\n. . . .\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.\n\n\n\nSuburban failed to meet the requirements of the regulation because its pipeline systems that\ntransported petroleum gas did not meet the requirements of NFPA 58 (2004) 1, as follows:\nA. NFPA 58 § 5.7.11.4\nConnections to ASME containers installed underground shall be located within a\nsubstantial dome, housing, or manhole and shall have a cover.\n. . . .\n(B) Such manholes or housings shall be ventilated.\n(C) The area of ventilation openings shall equal or exceed the combined discharge\nareas of the pressure relief devices and other vent lines that discharge into the\nmanhole or housing.\nSuburban failed to meet the requirements of NFPA 58 § 5.7.11.4 (B) and (C), which, in\npart, required that the area of ventilation openings equaled or exceeded the combined\ndischarge areas of pressure relief devices and vent lines that discharged into the\nmanhole or housing.\nThe PHMSA inspector observed and documented that the area of ventilation openings\nfor manhole covers at Siesta Royal Apartments (500) and Siesta Royal Apartments\n(1000) did not exceed the combined discharge areas of the container relief and the first-\nstage regulators that discharged into the manhole.\nB. NFPA 58 § 6.7.4.5\nThe point of discharge from the required pressure relief device on regulating\nequipment installed outside of buildings in fixed piping systems shall be located not\nless than 3 ft (1 m) horizontally away from any building opening below the level of\nsuch discharge, and not beneath any building unless this space is well ventilated to\nthe outside and is not enclosed for more than 50 percent of its perimeter.\nSuburban failed to meet the requirements of NFPA 58 § 6.7.4.5, which, in part, required\nit to install the point of discharge of pressure regulating equipment, installed outside of\nbuildings, not less than 3 feet horizontally away from any building opening below the\nlevel of such discharge.\nThe PHMSA inspector observed and documented second-stage regulators whose point\nof discharge was located less than 3 feet horizontally away from building openings\nbelow the level of the discharge on the Sea Crest Apartments, Siesta Royal Apartments\n(500), Siesta Royal Apartments (1000), and Siesta Sun Apartments LP-Gas distribution\nsystems.\nC. NFPA 58 § 6.7.4.6\nThe point of discharge [of a regulator] shall also be located not less than 5 ft (1.5\nm) in any direction away from any source of ignition, openings into direct-vent\n(sealed combustion system) appliances, or mechanical ventilation air intakes.\n1 The 2004 edition of NFPA 58, “Liquefied Petroleum Gas Code (LP-Gas Code),” is the edition currently\nincorporated, by reference, in § 192.7.\n2\n\n\n\nSuburban failed to meet the requirements of NFPA 58 § 6.7.4.6, which, in part, required\nit to install the point of discharge of regulators not less than 5 feet in any direction away\nfrom any source of ignition.\nThe PHMSA inspector observed and documented second-stage regulators whose point\nof discharge was located less than 5 feet away from a source of ignition on the Fairway\nCrossings Apartments, Sea Crest Apartments, Siesta Royal Apartments (1000), and\nSiesta Sun Apartments LP-Gas distribution systems.\n2. § 192.365 Service lines: Location of valves.\n(a) Relation to regulator or meter. Each service-line valve must be installed\nupstream of the regulator or, if there is no regulator, upstream of the meter.\nSuburban did not meet the requirements of the regulation because it did not install\nservice-line valves upstream of regulators.\nDuring the field inspection of Suburban’s LP-Gas distribution systems, the PHMSA\ninspector identified two service-line valves, at the Siesta Royal Apartments, that were\ninstalled downstream of the service regulator.\n3. § 192.465 External corrosion control: Monitoring.\n(a) Each pipeline that is under cathodic protection must be tested at least once\neach calendar year, but with intervals not exceeding 15 months, to determine whether\nthe cathodic protection meets the requirements of §192.463. However, if tests at those\nintervals are impractical for separately protected short sections of mains or\ntransmission lines, not in excess of 100 feet (30 meters), or separately protected service\nlines, these pipelines may be surveyed on a sampling basis. At least 10 percent of these\nprotected structures, distributed over the entire system must be surveyed each\ncalendar year, with a different 10 percent checked each subsequent year, so that the\nentire system is tested in each 10-year period.\nSuburban failed to meet the requirements of the regulation because it did not test each\npipeline that was under cathodic protection at least once each calendar year, but with\nintervals not exceeding 15 months, to determine whether the cathodic protection met the\nrequirements of §192.463.\nA review of Suburban Cathodic Protection Survey records showed that Suburban did not test\neach pipeline under cathodic protection at least once each calendar year, as follows:\n No calendar year 2017 cathodic protection surveys for:\no Fairway Crossing Apartments\no Siesta Sun Apartments\n No calendar year 2018 cathodic protection surveys for:\no Sea Crest Apartments\no Siesta Royal Apartments (500)\no Siesta Royal Apartments (1000)\n3\n\n\n\no Siesta Sun Apartments\n4. § 192.465 External corrosion control: Monitoring.\n. . . .\n(d) Each operator shall take prompt remedial action to correct any deficiencies\nindicated by the monitoring.\nSuburban failed to meet the requirements of the regulation because it did not take prompt\nremedial action to correct deficiencies indicated by its external corrosion control monitoring.\nCathodic protection survey records showed that Suburban identified low2 cathodic protection\npotentials on two systems, Siesta Royal Apartments (1000) and Siesta Sun Apartments\nsystems, for which it did not take sufficient actions to correct the deficiencies.\nOf the four test points along the steel mains and services at Siesta Royal Apartments (1000),\nthe following are those that did not meet the -850 mV criterion:\nTest Point: 110 ft 210 ft 315 ft 415 ft\nJune 23, 2015 met criterion met criterion -360 mV met criterion\nApril 21, 2016 met criterion -780 mV -70 mV -620 mV\nMay 24, 2017 met criterion met criterion -150 mV -680 mV\n2018 No cathodic protection survey in 2018. Addressed in Item Error! Reference\nsource not found. of this letter.\nJanuary 8, 2019 -825 mV -805 mV - 605 mV -573 mV\nOf the three test points along the steel mains and services at Siesta Sun Apartments, the\nfollowing are those that did not meet the -850 mV criterion:\nTest Point: 55 ft 295 ft End\nJune 23, 2015 -845 mV met criterion not read\nApril 21, 2016 -520 mV -830 mV -820 mV\n2017 2018\nNo cathodic protection surveys in 2017 and 2018.\nAddressed in Item Error! Reference source not found. of this letter.\nJanuary 8, 2019 -508 mV -826 mV -745 mV\n5. § 192.603 General provisions.\n. . . .\n(b) Each operator shall keep records necessary to administer the procedures\n2 The criteria for cathodic protection are contained in 49 CFR Part 192, Appendix D. The criterion being referenced\nin this letter is a negative (cathodic) voltage of at least 850 mV with reference to a saturated copper-copper sulfate\nhalf-cell. Accordingly, a low reading is any reading less negative than -850 mV.\n4\n\n\n\nestablished under §192.605.\nSuburban failed to meet the requirements of the regulation because it did not keep records\nnecessary to administer the procedures established under §192.605. Specifically, Suburban\ndid not keep the records demonstrating that it:\nA. Established and maintained liaison with appropriate fire, police, and other public\nofficials in accordance with § 192.615(c).\nWhile Suburban had records for liaison activities that occurred in 2019, it did not\nhave records that it conducted liaison activities in accordance with § 192.615(c)\nand exchanged the information identified in § 192.615(c)(1) to (4) with these\nofficials in 2016, 2017, or 2018.\nB. Patrolled its distribution systems at required frequencies in accordance with\n§ 192.721(b).\nWhile Suburban had some records that is patrolled its mains at the frequencies\nidentified in § 192.721(b), it did not have records to show that it met these\nrequirements in 2017 and 2018 for all 5 of its LP-Gas distribution systems.\nSuburban personnel said that its employees patrolled the mains more frequently\nthan required, including during monthly meter reading, but that the patrols and any\nfindings were not being documented.\nIn relation to the above identified items, and other types of records, Suburban personnel\nstated their intention to enhance their documentation and record keeping processes.\n6. § 192.614 Damage prevention program.\n. . . .\n(b) An operator may comply with any of the requirements of paragraph (c) of this\nsection through participation in a public service program, such as a one-call system,\nbut such participation does not relieve the operator of responsibility for compliance\nwith this section. However, an operator must perform the duties of paragraph (c)(3) of\nthis section through participation in a one-call system, if that one-call system is a\nqualified one-call system. In areas that are covered by more than one qualified one-call\nsystem, an operator need only join one of the qualified one-call systems if there is a\ncentral telephone number for excavators to call for excavation activities, or if the one-\ncall systems in those areas communicate with one another. An operator's pipeline\nsystem must be covered by a qualified one-call system where there is one in place. For\nthe purpose of this section, a one-call system is considered a “qualified one-call system”\nif it meets the requirements of section (b)(1) or (b)(2) of this section.\nSuburban did not meet the regulation because it did not comply with the requirements that it\nperform the duties of paragraph (c)(3) of this section through participation in a qualified\none-call system.\nWhen asked for documentation demonstrating that Suburban’s Sarasota office was\nparticipating in a qualified one-call system and that the system covered all of its LP-Gas\ndistribution systems, Suburban provided information showing that the Sarasota office\n5\n\n\n\nparticipated in the State of Florida’s qualified one-call system – Florida Sunshine 811. The\ninformation further showed that Suburban’s LP-Gas distribution systems were not covered\nuntil on or around August 16, 2019. Prior to that date, Suburban’s Sarasota office did not\nparticipate in and it’s pipeline systems were not covered by Florida Sunshine 811.\n7. §192.625 Odorization of gas.\n8. 9. . . . .\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 this\nrequirement 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\nthat the gas contains odorant. § 192.603\nSuburban did not meet the regulation because it did not assure the proper concentration of\nodorant, in accordance with this section, by conducting periodic sampling of combustible\ngases using an instrument capable of determining the percentage of gas in air at which the\nodor became readily detectable.\nSuburban attempted to comply with the regulation through sniff testing. However, sniff\ntesting cannot determine the percentage of gas, in air, at which the odor becomes readily\ndetectable. In an inspection follow-up, Suburban provided an invoice for the purchase of an\ninstrument capable of determining the percentage of gas, in air, at which the odor becomes\nreadily detectable.\n§ 192.707 Line markers for mains and transmission lines.\n. . . .\n(c) Pipelines aboveground. Line markers must be placed and maintained along\neach section of a main and transmission line that is located aboveground in an area\naccessible to the public.\nSuburban failed to meet the regulation because it did not place and maintain line markers\nalong each section of main located aboveground in areas accessible to the public.\nDuring field inspections, the PHMSA representative observed mains, in the vicinity of the\nburied ASME containers, located aboveground in areas accessible to the public, where line\nmarkers had not been placed and maintained on the following systems: Fairway Crossing\nApartments, Sea Crest Apartments, Siesta Royal Apartments (500), and Siesta Royal\nApartments (1000).\n§ 192.739 Pressure limiting and regulating stations: Inspection and testing.\n(a) Each pressure limiting station, relief device (except rupture discs), and\npressure regulating station and its equipment must be subjected at intervals not\nexceeding 15 months, but at least once each calendar year, to inspections and tests to\n6\n\n\n\ndetermine that 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\nthe correct 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 failed to meet the regulation because it did not inspect and test each pressure\nregulating station and its equipment at intervals not exceeding 15 months, but at least once\neach calendar year.\nA review of Regulator Inspection Reports revealed that Suburban did not perform annual\ninspection and testing of it pressure regulating stations and associated equipment, as follows:\n No calendar year 2017 Regulator Inspection Reports for\no Fairway Crossing Apartments\n No calendar year 2018 Regulator Inspection Reports for\no Sea Crest Apartments\no Siesta Royal Apartments (500)\no Siesta Royal Apartments (1000)\no Siesta Sun Apartments\n10. § 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 failed to meet the regulation because it did not check and service each valve, the\nuse of which may be necessary for the safe operation of a distribution system, at intervals\nnot exceeding 15 months, but at least once each calendar year.\nA review of Key Valve Inspection Reports revealed that Suburban did not check and service\nits distribution system valves, as follows:\n No calendar year 2017 Key Valve Inspection Reports for\no Fairway Crossing Apartments\n No calendar year 2018 Key Valve Inspection Reports for\no Sea Crest Apartments\no Siesta Royal Apartments (500)\no Siesta Royal Apartments (1000)\no Siesta Sun Apartments\n7\n\n\n\n11. § 192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to:\n. . . .\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\nSuburban failed to meet the regulation because it did not ensure through evaluation that\nindividuals performing covered tasks were qualified. More specifically, Suburban allowed\none of its employees (“Employee-1”) to perform a covered task after the qualification for the\ntask had expired.\nA review of Cathodic Protection Survey and operator qualification records revealed that\nEmployee-1 conducted cathodic protection surveys on four LP-Gas distribution systems on\nor about January 8, 2019. Qualification records showed that Employee-1 last qualified on\ncovered task I-1.1P Measure Structure to Electrolyte Potential on February 19, 2015, and\nthat the qualification was valid for a period of 3 years. Suburban did not have any records to\ndemonstrate it requalified Employee-1 for the task between the time the qualification\nexpired on February 19, 2018, and when the task was performed on January 8, 2019.\nSuburban requalified Employee-1 on November 12, 2019.\n12. § 192.1015 What must a master meter or small liquefied petroleum gas (LPG)\noperator do to implement this subpart?\n. . . .\n(a) Elements. A written integrity management plan must address, at a minimum,\nthe following elements:\n. . . .\n(5) Measure performance, monitor results, and evaluate effectiveness. The\noperator must monitor, as a performance measure, the number of leaks eliminated or\nrepaired on its pipeline and their causes.\nSuburban failed to meet the regulation because it did not monitor, as a performance\nmeasure, the number of leaks eliminated or repaired on its pipelines and their causes.\nWhen asked for records demonstrating that Suburban had monitored number of leaks\neliminated or repaired on its pipeline systems and their causes for calendar years 2016 to\n2018, Suburban did not have any records or other documentation to demonstrate that it had\nmonitored the performance measure.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, Suburban Propane, L.P. is subject to a civil\npenalty not to exceed $218,647 per violation per day the violation persists, up to a maximum of\n$2,186,465 for a related series of violations. For violation occurring on or after November 27,\n2018 and before July 31, 2019, the maximum penalty may not exceed $213,268 per violation per\nday, with a maximum penalty not to exceed $2,132,679. For violation occurring on or after\nNovember 2, 2015 and before November 27, 2018, the maximum penalty may not exceed\n$209,002 per violation per day, with a maximum penalty not to exceed $2,090,022. For violations\n8\n\n\n\noccurring prior to November 2, 2015, the maximum penalty may not exceed $200,000 per violation\nper day, with a maximum penalty not to exceed $2,000,000 for a related series of violations.\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 items identified in this letter to the extent practicable. Failure\nto do so will result in Suburban Propane, L.P. 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 2-2020-0002W. 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\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nJames A. Urisko\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n9","truncated":false,"body_characters":20959}