# BUCKEYE PARTNERS, LP — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 120125010
- **title:** BUCKEYE PARTNERS, LP — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2012-06-11
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 195.440(c).
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- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/120125010
**body:**

Notice of Probable Violation involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulation as 195.440(c). The case was opened on 2012-06-11 and is reported as closed as of 2013-04-05. Proposed civil penalty: $17,500. Assessed civil penalty: $17,500. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

120125010_Closure Letter_04052013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125010/120125010_Closure%20Letter_04052013.pdf

120125010_Closure letter_04052013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125010/120125010_Closure%20letter_04052013_text.pdf

120125010_Final Order_10172012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125010/120125010_Final%20Order_10172012.pdf

120125010_Final Order_10172012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125010/120125010_Final%20Order_10172012_text.pdf

120125010_NOPV-PCP-PCO_06112012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125010/120125010_NOPV-PCP-PCO_06112012_text.pdf

120125010_NOPV_PCP_PCO_06112012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125010/120125010_NOPV_PCP_PCO_06112012.pdf

120125010_Operator Response_07102012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125010/120125010_Operator%20Response_07102012.pdf

120125010_Closure letter_04052013_text.pdf

U.S. Department Of Transportation Pipeline and 609.989.2171
Hazardous Materials
Safety Administration
820 Bear Tavern Road, Suite 103
West Trenton, NJ 08628
OVERNIGHT EXPRESS MAIL
April 05, 2013
Carl Ostach
Vice President, Domestic Operations
Buckeye Partners, L.P.
Five TEK Park
9999 Hamilton Blvd,
Breinigsville, PA 18031
CPF 1-2012-5010
Dear Mr. Ostach:
On October 17, 2012, the Pipeline and Hazardous Materials Safety Administration (PHMSA),
Office, Office of Pipeline Safety (OPS), issued to Buckeye Partners, L.P. (Buckeye) a Final
Order in the above-referenced case. This Order included a Compliance Order and Civil Penalty
assessment.
We have received your letter dated January 18, 2013, wherein you summarized the actions taken
to comply with this Order, along with the documents that were enclosed with it. Based on our
review of the documents that you had provided and confirmation of payment of the civil penalty,
which we received on July 12, 2012, it has been determined that you have complied with the
terms of this Order.
Accordingly, this case is now closed and no further action is contemplated with respect to the
matters involved in this case.
Thank you for your cooperation in this matter.
Sincerely,
Byron Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration

120125010_NOPV-PCP-PCO_06112012_text.pdf

U.S. Department 820 Bear Tavern Road, Suite 103
Of Transportation West Trenton, NJ 08628
Pipeline and 609.989.2171
Hazardous Materials
Safety Administration
NOTICE OF PROBABLE VIOLATION
PROPOSED CIVIL PENALTY
and
PROPOSED COMPLIANCE ORDER
OVERNIGHT EXPRESS MAIL
June 11, 2012
Mr. Thomas S. Collier,
VP, Performance Assurance & Asset Integrity
Buckeye Partners, L.P.
Five TEK Park
9999 Hamilton Boulevard
Breinigsville, PA 18031
CPF 1-2012-5010
Dear Mr. Collier:
From December 13 – 17, 2010, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Buckeye Partners,
L.P.’s (Buckeye) Public Awareness Program in Breinigsville, Pennsylvania.
As a result of the inspection, it appears that you have committed a probable violation of the Pipeline
Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable
violation is:
1. §195.440 Public awareness
(c) The operator must follow the general program recommendations, including baseline
and supplemental requirements of API RP 1162, unless the operator provides justification
in its program or procedural manual as to why compliance with all or certain provisions of
the recommended practice is not practicable and not necessary for safety.
Buckeye failed to follow the general program recommendation, including specific program
documentation and recordkeeping requirements of American Petroleum Institute (API) Recommended
Practice (RP) 1162.
Buckeye did not document the requirements prescribed in Section 7.1(g) of API RP 1162.



CPF 1-2012-5010
Buckeye did not document the criteria for program improvement based on the results of the evaluation in
its Public Education Program Manual, All Sections Issued: 5/06, Section K- Program Evaluation. There
was no documentation on how Buckeye determines the changes and/or modifications to its program based
on the results and findings of its effectiveness evaluation.
Furthermore, Buckeye did not record key program elements to demonstrate the level of implementation.
Pursuant to Section 7.2 of API RP 1162, “[r]ecord keeping should include... c. [a]ll program evaluations,
including current results, follow-up actions and expected results.”
According to a Buckeye representative, a four-year effectiveness evaluation was held on June 24, 2010
and participants discussed effectiveness ideas. A copy of the meeting notes were provided to a PHMSA
representative. The meeting notes consisted of random topics and had no record of findings, conclusions,
or results. Also, there was no documentation on whether or not program improvement(s) would be
implemented. Additionally, Buckeye’s Public Education Program Manual, All Sections Issued: 5/06,
Section K- Program Evaluation provided a list of questions to be used in the evaluation process; however,
answers transcribed into the meeting notes had insufficient details to provide meaningful conclusions.
Therefore, Buckeye failed to demonstrate compliance with the specific program documentation and
recordkeeping requirements of API RP 1162.
Proposed Civil Penalty
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000 for each
violation for each day the violation persists up to a maximum of $1,000,000 for any related series of
violations. The Compliance Officer has reviewed the circumstances and supporting documentation
involved in the above probable violation and has recommended that you be preliminarily assessed a civil
penalty of $17,500 as follows:
Item number PENALTY
1 $ 17,500
Proposed Compliance Order
With respect to item 1 pursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials
Safety Administration proposes to issue a Compliance Order to Buckeye. Please refer to the Proposed
Compliance Order, which is enclosed and made a part of this Notice.
Response to this Notice
Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in
Compliance Proceedings. Please refer to this document and note the response options. Be advised that
all material you submit in response to this enforcement action is subject to being made publicly available.
If you believe that any portion of your responsive material qualifies for confidential treatment under 5
U.S.C. 552(b), along with the complete original document you must provide a second copy of the
document with the portions you believe qualify for confidential treatment redacted and an explanation of
why you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If
you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to
contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to
find facts as alleged in this Notice without further notice to you and to issue a Final Order.
120125010_NOPV_PCP-PCO_06112012 Page 2 of 4



CPF 1-2012-5010
Please submit all correspondence in this matter to Byron Coy, PE, Director, PHMSA Eastern Region, 820
Bear Tavern Road, Suite 103, W. Trenton, NJ 08628. Please refer to CPF 1-2012-5010 on each
document you submit, and please whenever possible provide a signed PDF copy in electronic format.
Smaller files may be emailed to Byron.Coy@dot.gov. Larger files should be sent on a CD accompanied
by the original paper copy to the Eastern Region Office.
Sincerely,
Byron Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
Enclosures: Proposed Compliance Order
Response Options for Pipeline Operators in Compliance Proceedings
120125010_NOPV_PCP-PCO_06112012 Page 3 of 4



CPF 1-2012-5010
PROPOSED COMPLIANCE ORDER
Pursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety
Administration (PHMSA) proposes to issue to Buckeye Partners, L.P. (Buckeye) a Compliance
Order incorporating the following remedial requirements to ensure the compliance of Buckeye with
the pipeline safety regulations:
1. In regards to Item Number 1 of the Notice pertaining to Buckeye’s failure to follow the
general program recommendation, including specific program documentation and
recordkeeping requirements of American Petroleum Institute (API) Recommended
Practice (RP) 1162, Buckeye shall review its June 24, 2010 four-year effectiveness
evaluation meeting notes. Based on that review, Buckeye must provide the following:
• Documentation of criteria for program improvement based on the results of the
evaluation.
• Records of current results, follow-up actions, and expected results.
Then, Buckeye must perform the following in reference to the above:
a) If any improvement(s) are identified, Buckeye must implement those
improvement(s) in accordance with its written Public Awareness Program; or
b) Buckeye must provide justification why improvement(s) have not been or will not
be implemented.
2. Buckeye must provide a summary report that must include documentation and records
mentioned in Item 1 (above), and a timeframe when improvements will be
implemented, if any, within 90 days after receipt of a Final Order.
3. It is requested (not mandated) that Buckeye maintain documentation of the safety
improvement costs associated with fulfilling this Compliance Order and submit the
total to Byron Coy, Director, Eastern Region, Pipeline and Hazardous Materials Safety
Administration. It is requested that these costs be reported in two categories: 1) total
cost associated with preparation/revision of plans, procedures, studies and analyses,
and 2) total cost associated with replacements, additions and other changes to pipeline
infrastructure.
120125010_NOPV_PCP-PCO_06112012 Page 4 of 4

120125010_Final Order_10172012_text.pdf

OCTOBER 17, 2012
Mr. Clark Smith
President & Chief Executive Officer
Buckeye Partners, L.P.
One Greenway Plaza
Suite 600
Houston, TX 77046
Re: CPF No. 1-2012-5010
Dear Mr. Smith:
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation, specifies actions that need to be taken by Buckeye Partners, L.P to comply with the
pipeline safety regulations, and assesses a civil penalty of $17,500. This is to acknowledge
receipt of payment of the full penalty amount, by wire transfer, dated July 12, 2012. When the
terms of the Compliance Order have been completed, as determined by the Director, Eastern
Region, this enforcement action will be 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. Thomas S. Collier, Vice President, Performance Assurance & Asset Integrity,
Buckeye Partners, L.P. Five TEK Park, 9999 Hamilton Boulevard, Breinigsville, PA
18031
Mr. Byron Coy, Director, Eastern Region, OPS
Mr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



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. 1-2012-5010
)
Respondent. )
____________________________________)
FINAL ORDER
Between December 13 and 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, records, and Public
Awareness Program of Buckeye Partners, L.P. (BPL or Respondent) in Breinigsville, PA. BPL
owns and operates approximately 6,000 miles of pipelines transporting refined petroleum
products and highly volatile liquids.1
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated June 11, 2012, a Notice of Probable Violation, Proposed Civil Penalty, and
Proposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice
proposed finding that BPL had violated 49 C.F.R. § 195.440(c) and proposed assessing a civil
penalty of $17,500 for the alleged violation. The Notice also proposed ordering Respondent to
take certain measures to correct the alleged violation.
BPL responded to the Notice by letter dated July 10, 2012 (Response). The company did not
contest the allegation of violation but stated it intended to comply with the proposed compliance
order and pay the proposed civil penalty. Subsequently, BPL paid the proposed civil penalty of
$17,500, as provided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case
with prejudice to Respondent.
FINDING OF VIOLATION
In its Response, BPL did not contest the allegation 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. § 195.440(c), which states:
1 http://www.buckeye.com/BusinessOperations/tabid/56/Default.aspx and
http://www.buckeye.com/AboutUs/tabid/54/Default.aspx (last accessed on June 22, 2012).



2
§ 195.440 Public awareness.
(c) The operator must follow the general program recommendations,
including baseline and supplemental requirements of API RP 1162, unless
the operator provides justification in its program or procedural manual as
to why compliance with all or certain provisions of the recommended
practice is not practicable and not necessary for safety.
The Notice alleged that Respondent violated 49 C.F.R. § 195.440(c) by failing to follow the
program recommendations of American Petroleum Institute (API) Recommended Practice (RP)
1162, including baseline and supplemental requirements. Specifically, the Notice alleged that
BPL failed to follow and implement a public awareness program (PAP) meeting the general
program recommendations set forth in API RP 1162, including specific program documentation
and recordkeeping requirements, and failed to evaluate its PAP’s effectiveness in accordance
with company procedures.
The Notice stated that BPL failed to document key program elements of its PAP to demonstrate
the level of implementation. Pursuant to Section 7.2 of API RP 1162, “[r]ecord keeping should
include... [a]ll program evaluations, including current results, follow-up actions and expected
results.” PHMSA’s investigation also revealed that Buckeye did not document the criteria for
program improvement based on the results of the evaluation and its Public Education Program
Manual, All Sections Issued: 5106, Section K- Program Evaluation.
2 PHMSA found no
documentation on how Buckeye addressed changes and/or modifications to its program based on
the results and findings of its effectiveness evaluation.
In its Response, Respondent acknowledged that it should have documented the results of its
program effectiveness review in a manner that better met the requirements of Section K of its
Public Education Program Manual and API RP 1162.3
Accordingly, based upon a review of all of the evidence, I find that Respondent violated
49 C.F.R. § 195.440(c) by failing to follow and implement a public awareness program that
meets the general program recommendations set forth in API RP 1162, including specific
program documentation and recordkeeping requirements, and failing to evaluate its PAP’s
effectiveness in accordance with company procedures.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed
$100,000 per violation for each day of the violation, up to a maximum of $1,000,000 for any
2 Violation Report, Exhibit A.
3 Response.



3
related series of violations.4 In determining the amount of a civil penalty under
49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,
circumstances, and gravity of the violation, including adverse impact on the environment; the
degree of Respondent’s culpability; the history of Respondent’s prior offenses; the Respondent’s
ability to pay the penalty and any effect that the penalty may have on its ability to continue doing
business; and the good faith of Respondent in attempting to comply with the pipeline safety
regulations. In addition, I may consider the economic benefit gained from the violation without
any reduction because of subsequent damages, and such other matters as justice may require.
The Notice proposed a total civil penalty of $17,500 for the violations cited above.
Item 1: The Notice proposed a civil penalty of $17,500 for Respondent’s violation of
49 C.F.R. § 195.440(c), for failing to follow and implement a public awareness program meeting
the general program recommendations set forth in API RP 1162, including specific program
documentation and recordkeeping requirements, and failing to evaluate its PAP’s effectiveness in
accordance with company procedures. BPL neither contested the allegation nor presented any
evidence or argument justifying a reduction in or elimination of the proposed penalty. BPL is
fully culpable for the violation. Respondent was cognizant of the requirement to follow the
program recommendations of API RP 1162, including baseline and supplemental requirements.
Respondent acknowledged its failure to comply with the requirements of Section K of its Public
Education Program Manual and API RP 1162. Accordingly, having reviewed the record and
considered the assessment criteria, I assess Respondent a civil penalty of $17,500 for violation of
49 C.F.R. § 195.440(c), which has already been paid by Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 1 in the Notice for violation of
49 C.F.R. § 195.440(c). Under 49 U.S.C. § 60118(a), each person who engages in the
transportation of hazardous liquids or who owns or operates a pipeline facility is required to
comply with the applicable safety standards established under chapter 601. Pursuant to the
authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the
following actions to ensure compliance with the pipeline safety regulations applicable to its
operations:
1. With respect to the violation of § 195.440(c) (Item 1), Respondent must review
its June 24, 2010-Public Awareness Program Review meeting notes regarding its
program effectiveness evaluation and document the criteria for its program
improvement, and record current results, follow-up actions, and expected results.
If the need for improvements is identified, Buckeye Partners, L.P. must
implement those improvements in accordance with its written Public Awareness
Program or provide justification why the improvements have not been or will not
be implemented.
4 Effective January 3, 2012, the maximum administrative civil penalties for violations of the federal pipeline safety
regulations were doubled to $200,000 per violation with a maximum of $2,000,000 for a related series of violations
(The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (Pub. L. 112-90)). Because the violations
in this case occurred prior to the increase, the higher maximums do not apply.



4
2. Within 90 days after receipt of this Final Order, Buckeye Partners, L.P. must
submit a summary report detailing the actions taken regarding the above Item,
including a timeframe for implementation, supporting documentation and records,
to the Director, Eastern Region, Pipeline and Hazardous Materials Safety
Administration, 820 Bear Tavern Rd, Suite 103, West Trenton, NJ 08628. Please
reference CPF# 1-2012-5010 in the title of the summary report.
3. It is requested (not mandated) that Buckeye Partners, L.P. maintain
documentation of the safety improvement costs associated with fulfilling this
Compliance Order and submit the total to Byron Coy, Director, Eastern Region,
Pipeline and Hazardous Materials Safety Administration. It is requested that
these costs be reported in two categories: 1) total cost associated with
preparation/revision of plans, procedures, studies and analyses, and 2) total cost
associated with replacements, additions, and other changes to pipeline
infrastructure
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent and demonstrating good cause for an
extension.
Failure to comply with this Order may result in the administrative assessment of civil penalties
not to exceed $100,000 for each violation for each day the violation continues or in referral to the
Attorney General for appropriate relief in a district court of the United States.
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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