{"operation":"document","citation":"CPF 32024006NOA","title":"SUBURBAN PROPANE, L.P. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-01-11","effective_on":null,"summary":"CLOSED notice of amendment citing 192.1007, 192.605(a), 192.605(b)(1), 192.613(a), 192.613(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024006noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024006noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024006noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32024006NOA","body":"Notice of Amendment involving SUBURBAN PROPANE, L.P.. PHMSA's enforcement data identifies the cited regulations as 192.1007,  192.605(a),  192.605(b)(1),  192.613(a),  192.613(b). The case was opened on 2024-01-11 and is reported as closed as of 2024-05-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32024006NOA_Closure Letter_05142024_(23-264475).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024006NOA/32024006NOA_Closure%20Letter_05142024_(23-264475).pdf\n\n32024006NOA_Closure Letter_05142024_(23-264475)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024006NOA/32024006NOA_Closure%20Letter_05142024_(23-264475)_text.pdf\n\n32024006NOA_Notice of Amendment_01112024_(23-264475).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024006NOA/32024006NOA_Notice%20of%20Amendment_01112024_(23-264475).pdf\n\n32024006NOA_Notice of Amendment_01112024_(23-264475)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024006NOA/32024006NOA_Notice%20of%20Amendment_01112024_(23-264475)_text.pdf\n\n32024006NOA_Operator Response to Notice_02122024_(23-264475).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024006NOA/32024006NOA_Operator%20Response%20to%20Notice_02122024_(23-264475).pdf\n\n32024006NOA_Closure Letter_05142024_(23-264475)_text.pdf\n\nVIA ELECTRONIC MAIL TO: konderdonk@suburbanpropane.com;\nemoreno@suburbanpropane.com; minglett@suburbanpropane.com\nMay 14, 2024\nKeith Onderdonk\nVice President of Operational Support\nSuburban Propane, L.P.\n240 Route 10 West\nWhippany, NJ 07961\nRE: CPF 3-2024-006-NOA\nDear Mr. Onderdonk:\nFrom April 24 - 27, 2023, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\nconducted an on-site pipeline safety inspection of Suburban Propane, L.P’s (Suburban)\nprocedures for operations and integrity management in West Salem, Wisconsin. As a result of\nthe inspection, Suburban was issued a Notice of Amendment on January 11, 2024, which\nproposed amendment of its procedures.\nSuburban submitted its amended procedures on February 12, 2024. My staff has reviewed the\namended procedures and it appears that the inadequacies outlined in the Notice of Amendment\nhave been corrected.\nThis letter is to inform you that no further action is necessary, and this case is now closed.\nThank you for your cooperation.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\ncc: Ed Moreno, Senior Executive Division President, Suburban Propane, L.P.\n(emoreno@suburbanpropane.com)\nMatt Inglett, DOT Compliance Asst., Suburban Propane, L.P.\n(minglett@suburbanpropane.com)\n\n32024006NOA_Notice of Amendment_01112024_(23-264475)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: konderdonk@suburbanpropane.com;\nemoreno@suburbanpropane.com; minglett@suburbanpropane.com\nJanuary 11, 2024\nKeith Onderdonk\nVice President of Operational Support\nSuburban Propane, L.P.\n240 Route 10 West\nWhippany, NJ 07961\nCPF 3-2024-006-NOA\nDear Mr. Onderdonk:\nFrom April 24-27, 2023, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\nconducted an onsite inspection of Suburban Propane, L.P’s (Suburban) Procedures for operations\nand integrity management in West Salem, Wisconsin.\nAs a result of the inspection, PHMSA has identified the apparent inadequacies found within\nSuburban’s plans or procedures. The items inspected and the inadequacies are described below:\n1. § 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\nfor emergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed\nand updated by the operator at intervals not exceeding 15 months, but at least\nonce each calendar year. This manual must be prepared before operations of a\npipeline system commence. Appropriate parts of the manual must be kept at\nlocations where operations and maintenance activities are conducted.\n\n\n\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(1) Operating, maintaining, and repairing the pipeline in accordance with each\nof the requirements of this subpart and Subpart M of this part.\nThe Suburban Propane, L.P Operations and Maintenance Manual, last revised December\n14, 2022, is inadequate because it does not require that leakage surveys be conducted\nwith calibrated leak detector equipment outside business districts as frequently as\nnecessary, but at least once every 5 calendar years at intervals not exceeding 63 months\nas required by § 192.723(b)(2).\n2. § 192.613 Continuing surveillance.\n(a) Each operator shall have a procedure for continuing surveillance of its facilities\nto determine and take appropriate action concerning changes in class location,\nfailures, leakage history, corrosion, substantial changes in cathodic protection\nrequirements, and other unusual operating and maintenance conditions.\n(b) If a segment of pipeline is determined to be in unsatisfactory condition but no\nimmediate hazard exists, the operator shall initiate a program to recondition or\nphase out the segment involved, or, if the segment cannot be reconditioned or\nphased out, reduce the maximum allowable operating pressure in accordance\nwith § 192.619 (a) and (b).\nThe Suburban Propane, L.P Operations and Maintenance Manual last revised December\n14, 2022, is inadequate because it does not to require documentation of a program to\nrecondition, phase out, or reducing the MAOP in a pipeline segment that is determined to\nbe in unsatisfactory condition but for which no immediate hazard exists.\n3. § 192.1007 What are the required elements of an integrity management plan?\nA written integrity management plan must contain procedures for developing and\nimplementing the following elements:. . . .\nSuburban Propane did not develop a written integrity management plan as specified in\n§ 192.1007. Suburban’s integrity management program incorrectly utilized § 192.1015\nfor a small liquefied propane gas (LPG) operator. The Suburban Terlingua system has\n121 customers from a single source which exceeds the 100-customer-count specified by §\n192.1001. Therefore, Suburban cannot be considered a small LPG operator.\n\n\n\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nEnforcement Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. § 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U.S.C. § 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under § 190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n30 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Suburban Propane, L.P maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Gregory A. Ochs, Director, Central, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 3-2024-006-NOA and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: Ed Moreno, Senior Executive Division President, Suburban Propane, L.P.\n(emoreno@suburbanpropane.com)\nMatt Inglett, DOT Compliance Asst., Suburban Propane, L.P.\n(minglett@suburbanpropane.com)","truncated":false,"body_characters":9368}