{"operation":"document","citation":"CPF 320190004W","title":"SUBURBAN PROPANE, L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-11-22","effective_on":null,"summary":"CLOSED warning letter citing 192.1015(b)(6), 192.285(c), 192.357(a), 192.603(b), 192.605(a), 192.605(b)(8), 192.616(j), 192.747(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320190004w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320190004w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320190004w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320190004W","body":"Warning Letter involving SUBURBAN PROPANE, L.P.. PHMSA's enforcement data identifies the cited regulations as 192.1015(b)(6),  192.285(c),  192.357(a),  192.603(b),  192.605(a),  192.605(b)(8),  192.616(j),  192.747(a). The case was opened on 2019-11-22 and is reported as closed as of 2019-11-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320190004W_Warning Letter Corrected_01142020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320190004W/320190004W_Warning%20Letter%20Corrected_01142020.pdf\n\n320190004W_Warning Letter_11222019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320190004W/320190004W_Warning%20Letter_11222019.pdf\n\n320190004W_Warning Letter_11222019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320190004W/320190004W_Warning%20Letter_11222019_text.pdf\n\n320190004W_Warning Letter Corrected_01142020.pdf\n\nU.S. Department\n. 901 Locust Street, Suite 462\nof Transportation\nKansas City, Missouri 64106-2641\nSafety Administration\nPipeline and Hazardous Materials\nFed Ex -7774-7397-6716\nJanuary 14, 2020\nKeith P. Onderdonk\nSuburban Propane, L.P.\nVice President, Operational Support\n240 Rte 10 West\nWhippany, NJ 07981\nRE: CPF 3-2019-0004W\nDear Mr. Onderdonk:\nOn November 22, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA),\nOffice of Pipeline Safety (OPS) Central Region sent Suburban Propane, L.P. a Warning Letter, CPF 3-\n2019-0004W. The original Warning Letter was addressed to an apparently inactive Suburban Propane\noffice in Wisconsin, and went undelivered by the US Postal Service. Therefore, I have enclosed a\ncopy of this Warning Letter that is being sent to you via FedEx, with no changes to the original.\nAs described in the Warning Letter no reply is required. If you choose to reply, in your\ncorrespondence please refer to CPF 3-2019-0004W. Be advised that all material you submit in\nresponse to this enforcement 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), along\nwith the complete original document you must provide a second copy of the document with the\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nportions you believe qualify for confidential treatment redacted and an explanation of why you believe\nSincerely,\nfoR\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure\ncc (via email): Ed Moreno, CSC Manager\nSuburban Propane, L.P.\nemoreno@suburbanpropane.com\n\n\n\nU.S. Department\nof Transportation\n901 Locust Street, Suite 46\nKansas City, Missouri 64106-264\nSafety Administration\nPipeline and Hazardous Materials\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 22, 2019\nEd Moreno\nDivision President\nSuburban Propane, L.P.\n800 South Division Street, Suite D\nWaunakee, WI 53597\nCPF 3-2019-0004W\nDear Mr. Moreno:\nOn September 11-13, 2018, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected your procedures and records in West Salem and propane gas systems in La Cross\nand Juneau Counties, Wisconsin.\nAs a result of the inspection, it is alleged that Suburban Propane, L.P. (Suburban) has\nommitted probable violations of the Pipeline Safety Regulations, Title 49, Code of Feder\negulations (FR). The items inspected and the probable violations are\n§192.285 Plastic pipe: Qualifying persons to make joints.\n(c) A person must be re-qualified under an applicable procedure once each\ncalendar year at intervals not exceeding 15 months, or after any production join\ns found unaccentable by testing under $192.513\n\n\n\nSuburban did not re-qualify the person who made a plastic pipe joint once each calendar year\nat intervals not exceeding 15 months. Specifically, Suburban allowed one individual to make\na plastic joint in September 2017 after his qualification had lapsed.\n§192.357 Customer meters and regulators: Installation.\n(a) Each meter and each regulator must be installed so as to minimize anticipated\nstresses upon the connecting piping and the meter.\nSuburban's meter and regulator settings were not installed so as to minimize anticipated\nstresses upon the connecting piping and the meter. During the inspection, PHMSA inspectors\nidentified fourteen meter settings which were not properly supported, thus causing stresses on\nthe facilities. These were found in the following systems: Pinecrest II - 1, Edgewood - 2,\n§192.603 General provisions.\n(3) Each operator shall keep records necessary to administer the procedures\nestablished under $192.605.\n§192.605 Procedural manual for operations, maintenance, and emergencies.\n(a)....\n(b) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(8) Periodically reviewing the work done by operator personnel to determine the\neffectiveness, and adequacy of the procedures used in normal operation and\nmaintenance and modifying the procedures when deficiencies are found.\nSuburban did not keep records regarding periodically reviewing the work done by operator\npersonnel to determine the effectiveness and adequacy of the procedures used in normal\ninspection, which demonstrated the performance of periodic reviews of work done by operator\noperation and maintenance. Suburban was unable to provided any records during the\npersonnel to determine the effectiveness of the operations and maintenance procedures as\nrequired by §192.605(b)(8).\n2\n\n\n\n4.\n§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\nupdated by the operator at intervals not exceeding 15 months, but at least once\nprocedures for handling abnormal operations. This manual must be reviewed and\nsystem commence. Appropriate parts of the manual must be kept at locations\neach calendar year. This manual must be prepared before operations of a pipeline\nSuburban did not follow its Emergency Plan regarding documenting annual training given to\nits operating personnel. Additionally, Suburban was unable to provide to PHMSA inspector\nduring the inspection, any record that it reviewed employees activities after emergencies\noccurred at Edgewood on August 1, 2017, and Pineview on September 22, 2017.\n§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 document that it had checked and serviced each valve, the use of which may\ne necessary for the safe operation of a distribution system, at intervals not exceeding 15\nnonths, but at least once each calendar year. While Suburban staff stated that it conducted the\nannual valve inspections for their six systems in 2016, they were unable to provide any\nrecords demonstrating that it had during the inspection.\n6.\n§192.616 Public awareness.\nInstead the operator must develop and implement a written procedure to provide\noperator must provide similar on pagery the muraly to pers not control, the the\n3\n\n\n\nSuburban did not provide its customers public awareness messages twice annually as required\nby its written procedure and §192.616(i). Specifically, Suburban did not provide its public\nawareness messages twice in 2017 to three customers located in Pineview Mobile Home Park\nlocated in La Cross, WI, property which the operator does not control.\n§192.1015 What must a master meter or small liquefied petroleum gas (LPG)\noperator do to implement this subpart?\n(a) Elements. A written integrity management plan must address, at a minimum,\nthe following elements:\n(6) Periodic evaluation and improvement. The operator must determine the\nappropriate period for conducting IM program evaluations based on the\ncomplexity of its pipeline and changes in factors affecting the risk of failure. An\noperator must re-evaluate its entire program at least every five years. The\noperator must consider the results of the performance monitoring in these\nevaluations.\nSuburban did not re-evaluate its entire integrity management (IM) program at least every five\nyears as required in §192.1015(b)(6).' Documents provided by Suburban during the\ninspection showed that re-evaluations of its IM program were conducted in 2012 and 2018,\nwhich exceeds the five year requirement of §192.1015(b)(6).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $213,268 per violation per day the violation persists, up to a maximum of $2,132,679\nfor a related series of violations. For violation occurring on or after November 2, 2015 and\nbefore November 27, 2018, the maximum penalty may not exceed $209,002 per violation per\nday, with a maximum penalty not to exceed $2,090,022. For violations occurring prior to\nNovember 2, 2015, the maximum penalty may not exceed $200,000 per violation per day,\nwith a maximum penalty not to exceed $2,000,000 for a related series of violations. We have\nreviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time.\nWe advise you to correct the items identified in this letter. Failure to do so will result in\nSuburban Propane, L.P. being subject to additional enforcement action.\n1 Suburban is a gas distributor operator, who must follow the requirements in §§192.1005 through 192.1013 of\nsubpart P of 49 CFR Part 192. See 49 CFR §192.1003.\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 3-2019-0004W. 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 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\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nMan Badeou\nillan C. Beshor\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n5\n\n320190004W_Warning Letter_11222019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 22, 2019\nEd Moreno\nDivision President\nSuburban Propane, L.P.\n800 South Division Street, Suite D\nWaunakee, WI 53597\nCPF 3-2019-0004W\nDear Mr. Moreno:\nOn September 11-13, 2018, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected your procedures and records in West Salem and propane gas systems in La Cross\nand Juneau Counties, Wisconsin.\nAs a result of the inspection, it is alleged that Suburban Propane, L.P. (Suburban) has\ncommitted probable violations of the Pipeline Safety Regulations, Title 49, Code of Federal\nRegulations (CFR). The items inspected and the probable violations are:\n1. §192.285 Plastic pipe: Qualifying persons to make joints.\n(a) . . . .\n(c) A person must be re-qualified under an applicable procedure once each\ncalendar year at intervals not exceeding 15 months, or after any production joint\nis found unacceptable by testing under §192.513.\n\n\n\nSuburban did not re-qualify the person who made a plastic pipe joint once each calendar year\nat intervals not exceeding 15 months. Specifically, Suburban allowed one individual to make\na plastic joint in September 2017 after his qualification had lapsed.\n2. §192.357 Customer meters and regulators: Installation.\n(a) Each meter and each regulator must be installed so as to minimize anticipated\nstresses upon the connecting piping and the meter.\nSuburban’s meter and regulator settings were not installed so as to minimize anticipated\nstresses upon the connecting piping and the meter. During the inspection, PHMSA inspectors\nidentified fourteen meter settings which were not properly supported, thus causing stresses on\nthe facilities. These were found in the following systems: Pinecrest II – 1, Edgewood – 2,\nPineview – 8 and Terlingua – 3.\n3. §192.603 General provisions.\n(a) . . . .\n(b) Each operator shall keep records necessary to administer the procedures\nestablished under §192.605.\n§192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\n(b) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(8) Periodically reviewing the work done by operator personnel to determine the\neffectiveness, and adequacy of the procedures used in normal operation and\nmaintenance and modifying the procedures when deficiencies are found.\nSuburban did not keep records regarding periodically reviewing the work done by operator\npersonnel to determine the effectiveness and adequacy of the procedures used in normal\noperation and maintenance. Suburban was unable to provided any records during the\ninspection, which demonstrated the performance of periodic reviews of work done by operator\npersonnel to determine the effectiveness of the operations and maintenance procedures as\nrequired by §192.605(b)(8).\n2\n\n\n\n4.\n§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\neach calendar year. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at locations\nwhere operations and maintenance activities are conducted.\nSuburban did not follow its Emergency Plan regarding documenting annual training given to\nits operating personnel. Additionally, Suburban was unable to provide to PHMSA inspector\nduring the inspection, any record that it reviewed employees activities after emergencies\noccurred at Edgewood on August 1, 2017, and Pineview on September 22, 2017.\n5. §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 document that it had checked and serviced each valve, the use of which may\nbe necessary for the safe operation of a distribution system, at intervals not exceeding 15\nmonths, but at least once each calendar year. While Suburban staff stated that it conducted the\nannual valve inspections for their six systems in 2016, they were unable to provide any\nrecords demonstrating that it had during the inspection.\n6. §192.616 Public awareness.\n(a) . . . . .\n(j) Unless the operator transports gas as a primary activity, the operator of a\nmaster meter or petroleum gas system is not required to develop a public\nawareness program as prescribed in paragraphs (a) through (g) of this section.\nInstead the operator must develop and implement a written procedure to provide\nits customers public awareness messages twice annually. If the master meter or\npetroleum gas system is located on property the operator does not control, the\noperator must provide similar messages twice annually to persons controlling the\nproperty. The public awareness message must include: . . .\n3\n\n\n\nSuburban did not provide its customers public awareness messages twice annually as required\nby its written procedure and §192.616(j). Specifically, Suburban did not provide its public\nawareness messages twice in 2017 to three customers located in Pineview Mobile Home Park\nlocated in La Cross, WI, property which the operator does not control.\n7.\n§192.1015 What must a master meter or small liquefied petroleum gas (LPG)\noperator do to implement this subpart?\n(a) . . . .\n(b) Elements. A written integrity management plan must address, at a minimum,\nthe following elements:\n(1) . . . .\n(6) Periodic evaluation and improvement. The operator must determine the\nappropriate period for conducting IM program evaluations based on the\ncomplexity of its pipeline and changes in factors affecting the risk of failure. An\noperator must re-evaluate its entire program at least every five years. The\noperator must consider the results of the performance monitoring in these\nevaluations.\nSuburban did not re-evaluate its entire integrity management (IM) program at least every five\nyears as required in §192.1015(b)(6).1 Documents provided by Suburban during the\ninspection showed that re-evaluations of its IM program were conducted in 2012 and 2018,\nwhich exceeds the five year requirement of §192.1015(b)(6).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $213,268 per violation per day the violation persists, up to a maximum of $2,132,679\nfor a related series of violations. For violation occurring on or after November 2, 2015 and\nbefore November 27, 2018, the maximum penalty may not exceed $209,002 per violation per\nday, with a maximum penalty not to exceed $2,090,022. For violations occurring prior to\nNovember 2, 2015, the maximum penalty may not exceed $200,000 per violation per day,\nwith a maximum penalty not to exceed $2,000,000 for a related series of violations. We have\nreviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time.\nWe advise you to correct the items identified in this letter. Failure to do so will result in\nSuburban Propane, L.P. being subject to additional enforcement action.\n1 Suburban is a gas distributor operator, who must follow the requirements in §§192.1005 through 192.1013 of\nsubpart P of 49 CFR Part 192. See 49 CFR §192.1003.\n4\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 3-2019-0004W. 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 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\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n5","truncated":false,"body_characters":19393}