{"operation":"document","citation":"CPF 120115002","title":"BUCKEYE PARTNERS, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-04-18","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.420(b), 195.428(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120115002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120115002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120115002","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120115002","body":"Notice of Probable Violation involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulations as 195.420(b),  195.428(a). The case was opened on 2011-04-18 and is reported as closed as of 2011-06-24. Proposed civil penalty: $81,400. Assessed civil penalty: $81,400. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120115002_Final Order_06242011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115002/120115002_Final%20Order_06242011.pdf\n\n120115002_Final Order_06242011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115002/120115002_Final%20Order_06242011_text.pdf\n\n120115002_NOPV PCP_04182011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115002/120115002_NOPV%20PCP_04182011.pdf\n\n120115002_NOPV PCP_04182011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115002/120115002_NOPV%20PCP_04182011_text.pdf\n\n120115002_Operator Response to Notice_05172011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115002/120115002_Operator%20Response%20to%20Notice_05172011.pdf\n\n120115002_Final Order_06242011_text.pdf\n\nJUN 24 2011\nMr. Jeremiah J. Ashcroft\nVice President, Field Operations\nBuckeye Partners L.P.\n1 Greenway Plaza, Suite 600\nHouston, Texas 77046\nRe: CPF No. 1-2011-5002\nDear Mr. Ashcroft:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and assesses a civil penalty of $81,400. This is to acknowledge receipt of payment of\nthe full penalty amount, by wire transfer, dated May 18, 2011. This enforcement action is now\nclosed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,\nor as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Alan Mayberry, Deputy Associate Administrator for Field Operations, Pipeline Safety\nMr. Byron Coy, Director, Eastern Region, PHMSA\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED [7005 1160 0001 0075 9558]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nBuckeye Partners L.P., ) CPF No. 1-2011-5002\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn September 14-17, 2010, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of Buckeye Partners,\nL.P. (Buckeye or Respondent). The inspection covered approximately 144 miles of pipeline and\npipeline facilities, from Sinking Spring to Duncansville, Pennsylvania. During the inspection,\nPHMSA inspectors discovered alleged violations in High Consequence Areas (HCAs).1\nBuckeye’s refined petroleum products pipeline systems consist of approximately 5400 miles of\npipeline and 69 active products terminals. In addition, Buckeye operates and maintains\napproximately 2,600 miles of pipeline, under agreements with oil and gas, petrochemical and\nchemical companies.\n2\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated April 18, 2011, a Notice of Probable Violation and Proposed Civil Penalty\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Buckeye\nviolated 49 C.F.R. §§ 195.428 and 195.420 and proposed assessing a civil penalty of $81,400 for\nthe alleged violations.\nBuckeye responded to the Notice by letter dated May 17, 2011 (Response). The company did\nnot contest the allegations of violation and paid the proposed civil penalty of $81,400, as\nprovided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice\nto Respondent.\n1 A “High Consequence Area” or “HCA” is an area defined as either a commercially navigable waterway or a\nwaterway where a substantial likelihood of commercial navigation exists, as defined in 49 C.F.R. § 195.450 (1) ; a\nhigh population area or urbanized area, as defined in 49 C.F.R. § 195.450 (2); an other populated area or a place that\ncontains a concentrated population, as defined in 49 C.F.R. § 195.450 (3); or an unusually sensitive area, as defined\nin 49 C.F.R. § 195.450 (4).\n2 See http://www2.buckeye.com/LinkClick.aspx?fileticket=BmfJ6l5FUwk%3d&tabid=92&mid=2018 (last accessed\nJune 17, 2011).\n\n\n\n2\nFINDINGS OF VIOLATION\nIn its Response, Buckeye did not contest the allegations in the Notice that it violated 49 C.F.R.\nPart 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.428(a), which states:\n§ 195.428 Overpressure safety devices and overfill protection systems.\n(a) Except as provided in paragraph (b) of this section, each operator\nshall, at intervals not exceeding 15 months, but at least once each\ncalendar year, or in the case of pipelines used to carry highly volatile\nliquids, at intervals not to exceed 71/2 months, but at least twice each\ncalendar year, inspect and test each pressure limiting device, relief valve,\npressure regulator, or other item of pressure control equipment to\ndetermine that it is functioning properly, is in good mechanical condition,\nand is adequate from the standpoint of capacity and reliability of\noperation for the service in which it is used.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.428(a) by failing to inspect and test\noverpressure safety devices at intervals not exceeding 15 months, but at least once each calendar\nyear. Specifically, the Notice alleged that Buckeye failed to inspect and test two high pressure\nswitches at Duncansville Station, Pennsylvania during calendar year 2008. While the Respondent\nprovided documentation that these high pressure switches (DTPSH718 and DTPSH720) were\ninspected on December 28, 2007 and February 4, 2009, no inspection records exist for calendar\nyear 2008. Furthermore, Buckeye confirmed that the 2008 inspections did not occur due to the\nfact that no down time was available on the system until February 3, 2009.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.428 by failing to inspect and test\noverpressure safety devices at intervals not to exceed 15 months, but at least once each calendar\nyear.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.420(b), which states:\n§ 195.420 Valve maintenance.\n(b) Each operator shall, at intervals not exceeding 71/2 months, but at\nleast twice each calendar year, inspect each mainline valve to\ndetermine that it is functioning properly.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.420(b) by failing to inspect each\nmainline valve at intervals not exceeding 71/2 months, but at least twice each calendar year, to\ndetermine that it is functioning properly. Specifically, the Notice alleged that Buckeye failed to\ninspect four mainline valves, at intervals not exceeding 71/2 months. While Buckeye inspected all\nfour valves twice each calendar year, it allowed more than 71/2 months to elapse between\ninspections. Each valve was inspected at intervals exceeding 8 months. Therefore, Buckeye\nfailed to meet the regulatory requirement, as articulated in § 195.420(b).\n\n\n\n3\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.420(b) by failing to inspect each\nmainline valve at intervals not exceeding 71/2 months, but at least twice each calendar year to\ndetermine proper functioning.\nIn summary, having reviewed the record and considered the assessment criteria, I assess\nRespondent a total civil penalty of $81,400, which has already been paid by Respondent.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8219}