{"operation":"document","citation":"CPF 120105007W","title":"BUCKEYE PARTNERS, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-08-16","effective_on":null,"summary":"CLOSED warning letter citing 195.583(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120105007w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120105007w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120105007w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120105007W","body":"Warning Letter involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulation as 195.583(a). The case was opened on 2010-08-16 and is reported as closed as of 2010-08-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120105007W_Warning Letter_08162010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120105007W/120105007W_Warning%20Letter_08162010.pdf\n\n120105007W_Warning Letter_08162010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120105007W/120105007W_Warning%20Letter_08162010_text.pdf\n\n120105007W_Warning Letter_08162010_text.pdf\n\nU.S. Department 820 Bear Tavern\nRoad, Suite 306\nOf Transportation West Trenton, NJ\n08628\nPipeline and 609.989.2171\nHazardous Materials\nSafety Administration\nWARNING LETTER\nEXPRESS OVERNIGHT DELIVERY\nAugust 16, 2010\nMr. Jerry J. Ashcroft III\nVice President, Field Operations\nBuckeye Partners, L.P.\nFive TEK Park\n9999 Hamilton Blvd\nBreinigsville, PA 18031\nCPF 1-2010-5007W\nDear Ashcroft:\nOn September 1, 2009, State Inspectors from the New York Public Service Commission (NY\nPSC), acting as an Agent for the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code, inspected your pipeline facilities\nand records in Auburn, NY.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation(s) are:\n1. § 195.583 What must I do to monitor atmospheric corrosion control?\n\n\n\nCPF 1-2010-5007W\n(a) You must inspect each pipeline or portion of pipeline that is exposed to the\natmosphere for evidence of atmospheric corrosion, as follows: Onshore: At least\nonce every 3 calendar years, but with intervals not exceeding 39 months.\nBuckeye Partners, L.P. (Buckeye) failed to meet the (3) year calendar year inspection\nrequirement, not exceeding 39 months. The (3) year atmospheric corrosion inspection for\nthe Auburn Station was last performed on May 31, 2006 and there had not been another\ninspection performed until September 3, 2009. This exceeds the allowable 39 month interval\nby 3 days.\nAfter the NY PSC inspection, Buckeye provided records showing an inspection performed\non May 31, 2006, and the next inspection performed on September 3, 2009.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item identified in this letter.\nFailure to do so will result in Buckeye being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2010-5007W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nByron E. Coy, P.E.\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\ncc: NY PSC\n120105007w_Warning Letter_08162010 Page 2 of 2","truncated":false,"body_characters":3770}