# SUBURBAN PROPANE, L.P. — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 320130003
- **title:** SUBURBAN PROPANE, L.P. — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2013-06-26
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.11, 192.16(c), 192.465(a), 192.481(a), 192.491(a), 192.605, 192.707(d)(2), 192.743(a), 192.805(b).
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- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/320130003
**body:**

Notice of Probable Violation involving SUBURBAN PROPANE, L.P.. PHMSA's enforcement data identifies the cited regulations as 192.11,  192.16(c),  192.465(a),  192.481(a),  192.491(a),  192.605,  192.707(d)(2),  192.743(a),  192.805(b). The case was opened on 2013-06-26 and is reported as closed as of 2014-03-17. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

320130003_Closure_03172014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320130003/320130003_Closure_03172014.pdf

320130003_Closure_03172014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320130003/320130003_Closure_03172014_text.pdf

320130003_Final Order_11152013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320130003/320130003_Final%20Order_11152013.pdf

320130003_Final Order_11152013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320130003/320130003_Final%20Order_11152013_text.pdf

320130003_NOPV PCO_06262013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320130003/320130003_NOPV%20PCO_06262013.pdf

320130003_NOPV PCO_06262013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320130003/320130003_NOPV%20PCO_06262013_text.pdf

320130003_Operator_Response_and_Request_for_Time_07252013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320130003/320130003_Operator_Response_and_Request_for_Time_07252013.pdf

320130003_Final Order_11152013_text.pdf

NOVEMBER 15, 2013
Mr. Michael J. Dunn, Jr.
President and Chief Executive Officer
Suburban Propane, LP
One Suburban Plaza
240 Route 10 West
Whippany, NJ 07981
Re: CPF No. 3-2013-0003
Dear Mr. Dunn:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and specifies actions that need to be taken by Suburban Propane, LP, to comply with
the pipeline safety regulations. When the terms of the compliance order have been completed, as
determined by the Director, Central Region, this enforcement action will be closed. Service of
the Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise
provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Ms. Linda Daugherty, Director, Central Region, OPS
Mr. Ed Moreno, CSC Manager – WI Market, Suburban Propane, LP, 800 South Division
Street, Suite D, Wanakee, WI 53597
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
Suburban Propane, LP, ) CPF No. 3-2013-0003
f/k/a Tru-Gas, Inc., )
)
Respondent. )
____________________________________)
FINAL ORDER
On September 17, 2012, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
conducted an on-site pipeline safety inspection of the facilities and records of Suburban Propane,
LP (Suburban Propane or Respondent), in Lacrosse, Wisconsin. Suburban Propane is a
nationwide marketer and distributor of energy products, specializing in propane, fuel oil, and
refined fuels.
1 At its Wisconsin location, Suburban Propane operates a propane distribution
system serving residential customers,2 including ones at the Pineview, Bluffside and Terlinqua
Trailer Parks.
As a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,
by letter dated June 26, 2013, a Notice of Probable Violation and Proposed Compliance Order
(Notice), which also included several warning items pursuant to 49 C.F.R. § 190.205.3 In
accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Respondent had
committed various violations of 49 C.F.R. Part 192 and ordering Respondent to take certain
measures to correct the alleged violations. The warning items required no further action, but
warned the operator to correct the probable violations or face possible enforcement action.
Suburban Propane responded to the Notice by letter dated July 25, 2013 (Response). Respondent
1 Suburban Propane, About Us, available at http://www.suburbanpropane.com/about (last accessed September 26,
2013).
2 Tru-Gas, About Us, available at http://www.trugaspropane.com/trugaspropane/About_Us html (last accessed
September 26, 2013).
3 The Notice was erroneously issued to Tru-Gas, Inc., the former operator of the facilities that are the subject of this
Final Order. Tru-Gas, Inc. was acquired by Suburban Propane, LP, on August 1, 2012, prior to the date of
PHMSA’s inspection. See Suburban Propane, LP, Welcome to Suburban Propane, available at
http://www.suburbanpropane.com/welcomes/august2012/trugaspropane html (last accessed September 26, 2013).



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did not contest the allegations of violation and requested additional time to submit
documentation of the corrective actions it had taken. The company did not request a hearing and
therefore has waived its right to one.
FINDINGS OF VIOLATION
In its Response, Suburban Propane did not contest the allegations in the Notice that it violated
49 C.F.R. Part 192, as follows:
Item 4: The Notice alleged that Respondent violated 49 C.F.R. § 192.465(a), which states:
§ 192.465 External corrosion control: Monitoring.
(a) Each pipeline that is under cathodic protection must be tested at
least once each calendar year, but with intervals not exceeding 15 months,
to determine whether the cathodic protection meets the requirements of
§ 192.463. However, if tests at those intervals are impractical for
separately protected short sections of mains or transmission lines, not in
excess of 100 feet (30 meters), or separately protected service lines, these
pipelines may be surveyed on a sampling basis. At least 10 percent of
these protected structures, distributed over the entire system must be
surveyed each calendar year, with a different 10 percent checked each
subsequent year, so that the entire system is tested in each 10-year period.
The Notice alleged that Respondent violated 49 C.F.R. § 192.465(a) by failing to test one of its
propane pipeline systems that was under cathodic protection at least once each calendar year, but
at intervals not exceeding 15 months, to determine whether the cathodic protection met the
requirements of 49 C.F.R. § 192.463. Specifically, the Notice alleged that Respondent failed to
perform annual surveys on 47 cathodically-protected steel risers that are part of Respondent’s
pipeline distribution system at the Pineview Trailer Park in Lacrosse, Wisconsin.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 192.465(a) by failing to test 47 steel
risers that were under cathodic protection at least once each calendar year, but at intervals not
exceeding 15 months, to determine whether the cathodic protection met the requirements of
49 C.F.R. § 192.463.
Item 5: The Notice alleged that Respondent violated 49 C.F.R. § 192.481(a), which states:
§ 192.481 Atmospheric corrosion control: Monitoring.
(a) Each operator must inspect each pipeline or portion of pipeline
that is exposed to the atmosphere for evidence of atmospheric corrosion,
as follows:



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If the pipeline is located: Then the frequency of inspection is:
Onshore ………. At least once every 3 calendar years, but with intervals not
exceeding 39 months
Offshore ………. At least once each calendar year, but with intervals not
exceeding 15 months
The Notice alleged that Respondent violated 49 C.F.R. § 192.481(a) by failing to perform
atmospheric corrosion inspections at least once every three calendar years, but with intervals not
exceeding 39 months, on each portion of its pipeline exposed to the atmosphere. Specifically, the
Notice alleged that Suburban Propane failed to inspect 47 steel risers that are part of its pipeline
system at the Pineview Trailer Park in Lacrosse, Wisconsin, for evidence of atmospheric
corrosion at least once every three calendar years. The Notice alleged that at the time of the
inspection, Suburban Propane could not produce any documentation to demonstrate it had
conducted atmospheric corrosion inspections within the last three calendar years.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 192.481(a) by failing to perform
atmospheric corrosion inspections at least once every three calendar years, but with intervals not
exceeding 39 months, on each portion of its pipeline distribution system exposed to the
atmosphere.
Item 6: The Notice alleged that Respondent violated 49 C.F.R. § 192.491(a), which states:
§ 192.491 Corrosion control records.
(a) Each operator shall maintain records or maps to show the location
of cathodically protected piping, cathodic protection facilities, galvanic
anodes, and neighboring structures bonded to the cathodic protection
system. Records or maps showing a stated number of anodes, installed in
a stated manner or spacing, need not show specific distances to each
buried anode.
The Notice alleged that Respondent violated 49 C.F.R. § 192.491(a) by failing to maintain
records or maps showing the location of cathodically protected piping and galvanic anodes at one
of its pipeline distribution systems. Specifically, the Notice alleged that Suburban Propane failed
to record the location of 47 cathodically protected steel risers and the approximate location of the
anodes at the Pineview Trailer Park. The Notice further alleged that at the time of the inspection,
Suburban Propane did not provide any evidence demonstrating that it maintained records or
maps of its Pineview pipeline system showing the location of cathodically protected piping or
anodes.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 192.491(a) by failing to maintain
records or maps showing the location of its cathodically protected piping and galvanic anodes at



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the Pineview Trailer Park.
Item 7: The Notice alleged that Respondent violated 49 C.F.R. § 192.805(b), which states:
§ 192.805 Qualification program.
Each operator shall have and follow a written qualification program.
The program shall include provisions to:
(a) Identify covered tasks;
(b) Ensure through evaluation that individuals performing covered
tasks are qualified; . . . .
The Notice alleged that Respondent violated 49 C.F.R. § 192.805(b) by failing to follow a
written qualification program with provisions to ensure through evaluation that individuals
performing covered tasks were qualified. Specifically, the Notice alleged that Suburban Propane
failed to ensure that its Operator Qualification (OQ) coordinator, Shawn Allen, was qualified to
perform each of the covered tasks listed in Respondent’s OQ manual. The Notice further alleged
that at the time of the inspection, Suburban Propane failed to produce evidence indicating that
Mr. Allen was qualified to perform such covered tasks.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 192.805(b) by failing to follow a
written qualification program with provisions to ensure through evaluation that individuals
performing covered tasks were qualified.
Item 8: The Notice alleged that Respondent violated 49 C.F.R. § 192.16(c), which states:
§ 192.16 Customer notification.
(a) This section applies to each operator of a service line who does not
maintain the customer's buried piping up to entry of the first building
downstream, or, if the customer's buried piping does not enter a building,
up to the principal gas utilization equipment or the first fence (or wall) that
surrounds that equipment. For the purpose of this section, “customer's
buried piping” does not include branch lines that serve yard lanterns, pool
heaters, or other types of secondary equipment. . . .
(c) Each operator shall notify each customer not later than August 14,
1996, or 90 days after the customer first receives gas at a particular
location, whichever is later. However, operators of master meter systems
may continuously post a general notice in a prominent location frequented
by customers.
The Notice alleged that Respondent violated 49 C.F.R. § 192.16(c) by failing to notify each
customer of buried piping that is not maintained by the operator, within 90 days after each
customer first receives gas service. Specifically, the Notice alleged that PHMSA investigators
observed buried customer piping throughout the Bluffside Trailer Park in Desoto, Wisconsin, but
that Suburban Propane had failed to notify customers of such buried customer piping within 90
days after each customer first received gas service. At the time of inspection, Suburban Propane



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did not provide any evidence demonstrating that Respondent notified customers at the Bluffside
Trailer Park of buried customer piping.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 192.16(c) by failing to notify each
customer of buried piping that is not maintained by the operator within 90 days after each
customer first receives gas service.
Item 10: The Notice alleged that Respondent violated 49 C.F.R. § 192.707(d)(2), which states:
§ 192.707 Line markers for mains and transmission lines.
(a) . . . .
(d) Marker warning. The following must be written legibly on a
background of sharply contrasting color on each line marker:
(1) . . . .
(2) The name of the operator and the telephone number (including
area code) where the operator can be reached at all times.
The Notice alleged that Respondent violated 49 C.F.R. § 192.707(d)(2) by failing to provide on
its line marker signs the name of the operator and the telephone number where the operator could
be reached at all times. Specifically, the Notice alleged that Suburban Propane listed the
incorrect operator name and telephone number on several line markers located at the Bluffside,
Pineview and Terlinqua Trailer Parks, rendering the operator unable to be reached at all times.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 192.707(d)(2) by failing to provide
on line marker signs the correct operator name and telephone number where the operator could
be reached at all times.
Item 11: The Notice alleged that Respondent violated 49 C.F.R. § 192.743(a), which states:
§ 192.743 Pressure limiting and regulating stations: Capacity of relief
devices.
(a) Pressure relief devices at pressure limiting stations and pressure
regulating stations must have sufficient capacity to protect the facilities to
which they are connected. Except as provided in § 192.739(b), the
capacity must be consistent with the pressure limits of § 192.201(a). This
capacity must be determined at intervals not exceeding 15 months, but at
least once each calendar year, by testing the devices in place or by review
and calculations.
The Notice alleged that Respondent violated 49 C.F.R. § 192.743(a) by failing to determine at
least once each calendar year, but at intervals not exceeding 15 months, whether its pressure
relief devices at pressure limiting stations and pressure regulating stations had sufficient capacity
to protect the facilities to which they were connected, consistent with the pressure limits of
49 C.F.R. § 192.201(a). Specifically, the Notice alleged that Suburban Propane failed to check



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its relief devices at least annually and that Respondent did not provide any documentation at the
time of the inspection demonstrating that its relief devices had been properly tested.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 192.743(a) by failing to determine at
intervals not exceeding 15 months, but at least once each calendar year, whether its pressure
relief devices had sufficient capacity to protect its facilities.
These findings of violation will be considered prior offenses in any subsequent enforcement
action taken against Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Items 4, 5, 6, 7, 8, 10, and 11 in the
Notice for violations of 49 C.F.R. §§ 192.465(a), 192.481(a), 192.491(a), 192.805(b), 192.16(c),
192.707(d)(2), and 192.743(a), respectively. Under 49 U.S.C. § 60118(a), each person who
engages in the transportation of gas or who owns or operates a pipeline facility is required to
comply with the applicable safety standards established under chapter 601. Pursuant to the
authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the
following actions to ensure compliance with the pipeline safety regulations applicable to its
operations:
1. With respect to the violation of § 192.465(a) (Item 4), Respondent must perform a
cathodic protection survey on the 47 steel risers and assure that the readings provide a
level of cathodic protection that complies with one or more of the applicable criteria
contained in Appendix D of Part 192. Any deficiencies must be immediately
corrected.
2. With respect to the violation of § 192.481(a) (Item 5), Respondent must inspect all
aboveground steel piping at the Pineview Trailer Park for evidence of atmospheric
corrosion and correct any deficiencies.
3. With respect to the violation of § 192.491(a) (Item 6), Respondent must revise all
applicable maps to ensure adequate documentation.
4. With respect to the violation of § 192.805(b) (Item 7), Respondent must ensure
that any individual who performs a covered task on a pipeline is qualified on that
task.
5. With respect to the violation of § 192.16(c) (Item 8), Respondent must provide
notification to affected customers of buried customer piping.
6. With respect to the violation of § 192.707(d)(2) (Item 10), Respondent must
perform a survey on each of its systems and correct any deficiencies found with its
line markers.



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7. With respect to the violation of § 192.743(a) (Item 11), Respondent must check
the capacity of relief devices at or near the tank (ex, Fisher 289H).
8. Respondent must submit documentation demonstrating compliance with each of
the items outlined in this Compliance Order to the Director, Central Region, within
60 days of receipt of this Order.
9. PHMSA requests that Respondent maintain documentation of the safety
improvement costs associated with fulfilling this Compliance Order and submit the
total to the Director, Central Region. It is requested that these costs be reported in two
categories: (1) total costs associated with the preparation and revision of plans,
procedures, studies and analyses; and (2) total costs associated with replacements,
additions, and other changes to pipeline infrastructure.
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent and demonstrating good cause for an
extension.
Failure to comply with this Order may result in the administrative assessment of civil penalties
not to exceed $200,000 for each violation for each day the violation continues or in referral to the
Attorney General for appropriate relief in a district court of the United States.
WARNING ITEMS
With respect to Items 1, 2, 3, and 9, the Notice alleged probable violations of Part 192 but did
not propose a civil penalty or compliance order for these items. Therefore, these are considered
to be warning items. The warnings were for:
49 C.F.R. § 192.11 (Item 1) ─ Respondent’s alleged failure to test relief devices
for proper operation at intervals not exceeding five years, in accordance with
ANSI/NFPA 59 Section 10.1.4;
49 C.F.R. § 192.11 (Item 2) ─ Respondent’s alleged failure to take precautions
against damage to liquefied petroleum gas systems where vehicular traffic is a
possibility, in accordance with ANSI/NFPA 58 Section 4.4;
49 C.F.R. § 192.11 (Item 3) ─ Respondent’s alleged failure to minimize the
possibility of the entrance of water or other extraneous matter into relief devices
or discharge piping, in accordance with ANSI/NFPA 58 Section 6.7.2.4; and
49 C.F.R. § 192.605 (Item 9) ─ Respondent’s alleged failure to periodically
review the work done by operator personnel to determine the effectiveness and
adequacy of the procedures used in normal operations and maintenance.



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Respondent is advised to take appropriate action to correct these items. If OPS finds a violation
of any of these items in a subsequent inspection, Respondent may be subject to future
enforcement action.
The terms and conditions of this Final Order are effective upon service in accordance with
49 C.F.R. § 190.5.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety

320130003_Closure_03172014_text.pdf

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 17, 2014
Mr. Michael J. Dunn, Jr.
President and Chief Executive Officer
Suburban Propane, L.P.
240 Route 10 West
Whippany, New Jersey 07981
Re: CPF 3-2013-0003
Dear Mr. Dunn:
On November 15, 2013, the Pipeline and Hazardous Materials Safety Administration
(PHMSA) issued to Suburban Propane a Final Order (Order) in the above-referenced case.
This Order included a Compliance Order regarding tests and inspections on the Wisconsin
propane distribution pipeline systems. Based on a review of the documentation you
provided, it has been determined that you have complied with the terms of this Order.
Accordingly, this case is now closed and no further action is contemplated with respect to
the matters involved in this case. Thank you for your cooperation in this matter.
Sincerely,
Linda Daugherty
Director, Central Region
Pipeline and Hazardous Materials Safety Administration
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