{"operation":"document","citation":"CPF 320095015W","title":"SUNOCO, INC (R&M) — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-09-17","effective_on":null,"summary":"CLOSED warning letter citing 195.573(a)(1), 195.573(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320095015w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320095015w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320095015w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320095015W","body":"Warning Letter involving SUNOCO, INC (R&M). PHMSA's enforcement data identifies the cited regulations as 195.573(a)(1),  195.573(c). The case was opened on 2009-09-17 and is reported as closed as of 2009-09-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320095015W_Warning Letter_09172009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095015W/320095015W_Warning%20Letter_09172009.pdf\n\n320095015W_Warning Letter_09172009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095015W/320095015W_Warning%20Letter_09172009_text.pdf\n\n320095015W_Warning Letter_09172009_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 17, 2009\nMr. Vincent Kelley\nSr. Vice President\nRefining and Supply\nSun Refining and Marketing (Sunoco R&M)\n1735 Market Street\nSuite LL\nPhiladelphia, PA 19103\nCPF 3-2009-5015W\nDear Mr. Kelley:\nOn October 24-28, 2005, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nToledo Refinery pipeline facilities in Toledo, Ohio.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violations are:\n1. 195.573 What must I do to monitor external corrosion control?\n(a) Protected pipelines. You must do the following to determine whether cathodic\nprotection required by this subpart complies with Sec. 195.571:\n\n\n\n(1) Conduct tests on the protected pipeline at least once each calendar\nyear, but with intervals not exceeding 15 months. However, if tests at those\nintervals are impractical for separately protected short sections of bare or\nineffectively coated pipelines, testing may be done at least once every 3\ncalendar years, but with intervals not exceeding 39 months.\nSunoco R&M failed to test the cathodic protection levels on Breakout Tanks 409 and 412\nwithin the required 15 month intervals from calendar year 2004 to calendar year 2005. The Bi-\nMonthly Rectifier and Annual Survey reports for Breakout Tanks 1601, 1602, 16015, 409, and\n412 indicate cathodic protections levels on Breakout Tanks 409 and 412 were both tested on\nJune 1, 2004, and were next tested on September 30, 2005. This testing interval is 15 months\nand 29 days, which exceeds the 15 month maximum interval allowed.\n2. 195.573 What must I do to monitor external corrosion control?\n(c) Rectifiers and other devices. You must electrically check for proper\nperformance of each device in the first column at the frequency stated in the\nsecond column.\nDevice Check frequency\nRectifier At least six times each calendar year, but with\nintervals not exceeding 2 ½ months\nThe Bi-Monthly Rectifier and Annual Survey reports indicate Sunoco R&M failed to\nelectrically check three rectifiers for proper performance six times during calendar year 2004,\nand had four rectifier inspection intervals which exceeded 2-1/2 months. Rectifier #2, which\nprovides cathodic protection for Tank 409, was checked five times during 2004. The interval\nbetween the February 17 and May 24 checks was three months and seven days. Rectifier #7,\nwhich provides cathodic protection for Tank 412, was checked on the same days as Rectifier\n#2, so it has the same violations. The Consaul Street Rectifier, which provides cathodic\nprotection to Line #59, was checked on June 1 and August 23 of 2004, an interval of two\nmonths and 22 days. Rectifier #65+00 (South of Seaman Street, South of I-280), which\nprovides cathodic protection for the eight inch Toledo Refinery Dock Line, was checked four\ntimes during calendar year 2004, with an interval that extended from October 17, 2003 to\nJune 1, 2004, or 7 months and 14 days.\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 $1,000,000\nfor any related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement\naction or penalty assessment proceedings at this time. We advise you to correct the items\n2\n\n\n\nidentified in this letter. Failure to do so will result in Sunoco R&M being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 3-2009-5015W. 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 portion\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with the\nportions you believe qualify for confidential treatment redacted and an explanation of why you\nbelieve the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nIvan A. Huntoon\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":5159}