# BUCKEYE PARTNERS, LP — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

120115002_Final Order_06242011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115002/120115002_Final%20Order_06242011.pdf

120115002_Final Order_06242011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115002/120115002_Final%20Order_06242011_text.pdf

120115002_NOPV PCP_04182011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115002/120115002_NOPV%20PCP_04182011.pdf

120115002_NOPV PCP_04182011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115002/120115002_NOPV%20PCP_04182011_text.pdf

120115002_Operator Response to Notice_05172011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120115002/120115002_Operator%20Response%20to%20Notice_05172011.pdf

120115002_Final Order_06242011_text.pdf

JUN 24 2011
Mr. Jeremiah J. Ashcroft
Vice President, Field Operations
Buckeye Partners L.P.
1 Greenway Plaza, Suite 600
Houston, Texas 77046
Re: CPF No. 1-2011-5002
Dear Mr. Ashcroft:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and assesses a civil penalty of $81,400. This is to acknowledge receipt of payment of
the full penalty amount, by wire transfer, dated May 18, 2011. This enforcement action is now
closed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,
or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Alan Mayberry, Deputy Associate Administrator for Field Operations, Pipeline Safety
Mr. Byron Coy, Director, Eastern Region, PHMSA
CERTIFIED MAIL - RETURN RECEIPT REQUESTED [7005 1160 0001 0075 9558]



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
Buckeye Partners L.P., ) CPF No. 1-2011-5002
)
Respondent. )
____________________________________)
FINAL ORDER
On September 14-17, 2010, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
conducted an on-site pipeline safety inspection of the facilities and records of Buckeye Partners,
L.P. (Buckeye or Respondent). The inspection covered approximately 144 miles of pipeline and
pipeline facilities, from Sinking Spring to Duncansville, Pennsylvania. During the inspection,
PHMSA inspectors discovered alleged violations in High Consequence Areas (HCAs).1
Buckeye’s refined petroleum products pipeline systems consist of approximately 5400 miles of
pipeline and 69 active products terminals. In addition, Buckeye operates and maintains
approximately 2,600 miles of pipeline, under agreements with oil and gas, petrochemical and
chemical companies.
2
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated April 18, 2011, a Notice of Probable Violation and Proposed Civil Penalty
(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Buckeye
violated 49 C.F.R. §§ 195.428 and 195.420 and proposed assessing a civil penalty of $81,400 for
the alleged violations.
Buckeye responded to the Notice by letter dated May 17, 2011 (Response). The company did
not contest the allegations of violation and paid the proposed civil penalty of $81,400, as
provided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice
to Respondent.
1 A “High Consequence Area” or “HCA” is an area defined as either a commercially navigable waterway or a
waterway where a substantial likelihood of commercial navigation exists, as defined in 49 C.F.R. § 195.450 (1) ; a
high population area or urbanized area, as defined in 49 C.F.R. § 195.450 (2); an other populated area or a place that
contains a concentrated population, as defined in 49 C.F.R. § 195.450 (3); or an unusually sensitive area, as defined
in 49 C.F.R. § 195.450 (4).
2 See http://www2.buckeye.com/LinkClick.aspx?fileticket=BmfJ6l5FUwk%3d&tabid=92&mid=2018 (last accessed
June 17, 2011).



2
FINDINGS OF VIOLATION
In its Response, Buckeye did not contest the allegations in the Notice that it violated 49 C.F.R.
Part 195, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.428(a), which states:
§ 195.428 Overpressure safety devices and overfill protection systems.
(a) Except as provided in paragraph (b) of this section, each operator
shall, at intervals not exceeding 15 months, but at least once each
calendar year, or in the case of pipelines used to carry highly volatile
liquids, at intervals not to exceed 71/2 months, but at least twice each
calendar year, inspect and test each pressure limiting device, relief valve,
pressure regulator, or other item of pressure control equipment to
determine that it is functioning properly, is in good mechanical condition,
and is adequate from the standpoint of capacity and reliability of
operation for the service in which it is used.
The Notice alleged that Respondent violated 49 C.F.R. § 195.428(a) by failing to inspect and test
overpressure safety devices at intervals not exceeding 15 months, but at least once each calendar
year. Specifically, the Notice alleged that Buckeye failed to inspect and test two high pressure
switches at Duncansville Station, Pennsylvania during calendar year 2008. While the Respondent
provided documentation that these high pressure switches (DTPSH718 and DTPSH720) were
inspected on December 28, 2007 and February 4, 2009, no inspection records exist for calendar
year 2008. Furthermore, Buckeye confirmed that the 2008 inspections did not occur due to the
fact that no down time was available on the system until February 3, 2009.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 195.428 by failing to inspect and test
overpressure safety devices at intervals not to exceed 15 months, but at least once each calendar
year.
Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.420(b), which states:
§ 195.420 Valve maintenance.
(b) Each operator shall, at intervals not exceeding 71/2 months, but at
least twice each calendar year, inspect each mainline valve to
determine that it is functioning properly.
The Notice alleged that Respondent violated 49 C.F.R. § 195.420(b) by failing to inspect each
mainline valve at intervals not exceeding 71/2 months, but at least twice each calendar year, to
determine that it is functioning properly. Specifically, the Notice alleged that Buckeye failed to
inspect four mainline valves, at intervals not exceeding 71/2 months. While Buckeye inspected all
four valves twice each calendar year, it allowed more than 71/2 months to elapse between
inspections. Each valve was inspected at intervals exceeding 8 months. Therefore, Buckeye
failed to meet the regulatory requirement, as articulated in § 195.420(b).



3
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 195.420(b) by failing to inspect each
mainline valve at intervals not exceeding 71/2 months, but at least twice each calendar year to
determine proper functioning.
In summary, having reviewed the record and considered the assessment criteria, I assess
Respondent a total civil penalty of $81,400, which has already been paid by Respondent.
The terms and conditions of this Final Order are effective upon service in accordance with 49
C.F.R. § 190.5.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety
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