SUNOCO PIPELINE L.P. — Notice of Probable Violation

320045030_Final Order_10142005.pdf, page 1Official PDFU.S. Department 400 Seventh Street, S.W. of Transportation Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety OCT 14 2005 Mr. David Justin Vice President Sunoco Pipeline L.P. 525 Fritztown Road Sinking Spring, PA 19608 Re: CPF No. 3-2004-5030 Dear Mr. Justin: Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes findings of violation and assesses a civil penalty of $6,200 for those violations. I acknowledge your wire transfer of $6,200 dated October 27, 2004, as payment in full of the civil penalty assessed in the Final Order. The Final Order also finds that you have completed the actions specified in the Notice required to comply with the pipeline safety regulations, and that you have addressed the inadequacies in your procedures that were cited in the Notice of Amendment. Your receipt of the Final Order constitutes service of that document under 49 C.F.R. § 190.5. This case is now closed. Sincerely, James Reynolds Pipeline Compliance Registry Office of Pipeline Safety Enclosure CC: Ivan Huntoon Director, Central Region, OPS CERTIFIED MAIL - RETURN RECEIPT REQUESTED#

320045030_Final Order_10142005.pdf, page 2DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON. DC 20590 In the Matter of Sunoco Pipeline L.P., Respondent. CPF No. 3-2004-5030 FINAL ORDER On September 22, 2004, in accordance with 49 C.F.R. 5 I90.207, the Director, Central Region, Office ofPipeline Safety (OPS) issued to Respondent aNotice ofProbable Violation, Proposed Civil Penalty, Notice of Amendment and Proposed Compliance Order (Notice). The Notice proposed finding that Respondent had committed violations of 49 C.F.R .Part I95,proposed assessing a civil penalty of $6,200 for the alleged violations, and proposedthatRespondent take certainmeasures to correct the alleged violations. The Notice also proposed, in accordance with 49 C.F.R. 5 190.237 , that Respondent amend its procedures for operations, maintenance and emergencies. Respondent responded to the Notice by letter dated October 25,2004 (Response). Respondent did not contest the allegations or the amount of the proposed civil penalty and submitted a wire transfer in the amount of the proposed civil penalty ($6,200), waiving further right to respond and authorizing the entry of this Final Order. FINDINGS OF VIOLATION Pursuant to 49 C.F.R. $ 190.209(aX1) and 49 U.S.C. 60122,I find that Respondent violated the following sections of 49 C.F.R .Part 195 as more fully described in the Notice: 49 C.F.R. $ 195.404 (Item 2) - fallingto maintain up-to-date maps of its pipeline systems including all crossings of certain buried utilities and foreign pipelines; 49 C.F.R. g 195.410 (Item 3) - failing to maintain line markers displaying a telephone number where the operator can be reached at all times on a background of sharply contrasting color at the specified locations; 49 C.F.R. 5 195.420 (item 4) - failing to adequately inspect and verify proper operation of ihe speciiie,i rriain line valvcs. These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. Having reviewed the record and considered the assessment criteia,I assess the civil penalty of $6,200 already paid by Respondent'#

320045030_Final Order_10142005.pdf, page 3L COMPLIANCE ORDER The Notice proposed a Compliance Order with respect to Items 2 and 3 in the Notice. Under 49 U.S.C. $ 60118(a), each person who engages in the transportation of hazardous liquids or who owns or operates a pipeline facility is required to comply with the applicable safety standards established under Chapter 601. The Regional Director has indicated that Respondent submitted an appropriate schedule for revising the company's maps to reflect all utility crossings and has completed activities bringing all of its line markers into compliance. Accordingly, since compliance has been achieved with respect to these violations, it is not necessary to include compliance terms in this Order. AMENDMENT OF PROCEDIIRES The Notice alleged inadequacies in Respondent's procedures for operations, maintenance and emergencies and proposed to require amendment of Respondent's procedures to comply with the requirements of 49 C.F.R. Part 195. Specifically, the Notice alleged that Respondent's procedures for public education were inadequate to enable the public in the vicinity of the pipeline to recognize ahazardots liquid pipeline emergency and report it to the operator or to police, flre, or other appropriate public offi cials. In its response, Respondent submitted copies ofits amended procedures, which the Director, Central Region, OPS reviewed. Based on the results of this review, I find that Respondent's original procedures as described in the Notice were inadequate to ensure safe operation ofits pipeline system, but that Respondent has corrected the identified inadequacies. Accordingly, it is not necessary to issue an Order directing Respondent to amend its procedures. WARNING ITEM The Notice did not propose a civil penalty or corrective action for Item 5 in the Notice, failure to adequatelyestablish a continuing educationproglam ensuringthat stakeholders who maybe involved in or affected by excavation activities are notified about its damage prevention program in accordance with $ 195.440. Therefore, this is considered to be a warning item. Respondent presented information its response showing that it has initiated actions addressing the item, including upgrading its mailing lists of stakeholders receiving public awareness materials to ensure their accuracy and completeness. Respondent is again warned that if OPS finds a violation for any of these items in a subsequent inspection, enforcement action will be taken. The terms and conditions of this Final Order are effective on teceipt. ei:T 1 4 ?,t|]5 Date Issued { k\1 \r,.: n e Administrator Pipeline Safety#