Sunoco 2007 Annual Report Download - page 29

remediated to meet the applicable standards. The obligation for Sunoco to remediate this
type of contamination varies, depending on the extent of the release and the applicable
laws and regulations. A portion of the remediation costs may be recoverable from the re-
imbursement fund of the applicable state, after any deductible has been met.
Future costs for environmental remediation activities at the Company’s retail marketing
sites also will be influenced by the extent of MTBE contamination of groundwater, the
cleanup of which will be driven by thresholds based on drinking water protection. Though
not all groundwater is used for drinking, several states have initiated or proposed more
stringent MTBE cleanup requirements. Cost increases result directly from extended re-
medial operations and maintenance on sites that, under prior standards, could otherwise
have been completed. Cost increases will also result from installation of additional re-
medial or monitoring wells and purchase of more expensive equipment because of the
presence of MTBE. While actual cleanup costs for specific sites are variable and depend on
many of the factors discussed above, expansion of similar MTBE remediation thresholds to
additional states or adoption of even more stringent requirements for MTBE remediation
would result in further cost increases. Sunoco does not currently, nor does it intend to,
manufacture or sell gasoline containing MTBE (see “Regulatory Matters” below).
The accrued liability for hazardous waste sites is attributable to potential obligations to remove
or mitigate the environmental effects of the disposal or release of certain pollutants at third-
party sites pursuant to the Comprehensive Environmental Response Compensation and
Liability Act (“ CERCLA ”) (which relates to releases and remediation of hazardous substances)
and similar state laws. Under
CERCLA , Sunoco is potentially subject to joint and several
liability for the costs of remediation at sites at which it has been identified as a “potentially
responsible party” (“
PRP ”). As of December 31, 2007, Sunoco had been named as a PRP at
33 sites identified or potentially identifiable as “Superfund” sites under federal and state law.
The Company is usually one of a number of companies identified as a
PRP at a site. Sunoco has
reviewed the nature and extent of its involvement at each site and other relevant
circumstances and, based upon the other parties involved or Sunoco’s level of participation
therein, believes that its potential liability associated with such sites will not be significant.
Management believes that none of the current remediation locations, which are in various
stages of ongoing remediation, is individually material to Sunoco as its largest accrual for
any one Superfund site, operable unit or remediation area was less than $8 million at
December 31, 2007. As a result, Sunoco’s exposure to adverse developments with respect
to any individual site is not expected to be material. However, if changes in environmental
laws or regulations occur, such changes could impact multiple Sunoco facilities, and for-
merly owned facilities and third-party sites at the same time. As a result, from time to time,
significant charges against income for environmental remediation may occur.
The Company maintains insurance programs that cover certain of its existing or potential
environmental liabilities, which programs vary by year, type and extent of coverage. For
underground storage tank remediations, the Company can also seek reimbursement
through various state funds of certain remediation costs above a deductible amount. For
certain acquired properties, the Company has entered into arrangements with the sellers or
others that allocate environmental liabilities and provide indemnities to the Company for
remediating contamination that occurred prior to the acquisition dates. Some of these
environmental indemnifications are subject to caps and limits. No accruals have been
recorded for any potential contingent liabilities that will be funded by the prior owners as
management does not believe, based on current information, that it is likely that any of
the former owners will not perform under any of these agreements. Other than the
preceding arrangements, the Company has not entered into any arrangements with third
parties to mitigate its exposure to loss from environmental contamination. Claims for
recovery of environmental liabilities that are probable of realization totaled $14 million at
December 31, 2007 and are included principally in deferred charges and other assets in the
consolidated balance sheets.
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