{"operation":"document","citation":"CPF 120135003","title":"BUCKEYE PARTNERS, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-01-25","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.410(a)(1), 195.410(a)(2), 195.412(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120135003","body":"Notice of Probable Violation involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulations as 195.410(a)(1),  195.410(a)(2),  195.412(a). The case was opened on 2013-01-25 and is reported as closed as of 2013-11-13. Proposed civil penalty: $102,800. Assessed civil penalty: $102,800. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120135003_Closure Letter_11132013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135003/120135003_Closure%20Letter_11132013.pdf\n\n120135003_Closure Letter_11132013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135003/120135003_Closure%20Letter_11132013_text.pdf\n\n120135003_Final Order_06102013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135003/120135003_Final%20Order_06102013.pdf\n\n120135003_Final Order_06102013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135003/120135003_Final%20Order_06102013_text.pdf\n\n120135003_NOPV PCP PCO_01252013 .pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135003/120135003_NOPV%20PCP%20PCO_01252013%20.pdf\n\n120135003_NOPV PCP PCO_01252013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135003/120135003_NOPV%20PCP%20PCO_01252013_text.pdf\n\n120135003_Operator Response_02252013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135003/120135003_Operator%20Response_02252013.pdf\n\n120135003_NOPV PCP PCO_01252013_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nNOTICE OF PROBABLE VIOLATION\nPROPOSED CIVIL PENALTY\nand\nPROPOSED COMPLIANCE ORDER\nOVERNIGHT EXPRESS MAIL\nJanuary 25, 2013\nThomas S. Collier\nVice President, Performance Assurance & Asset Integrity\nBuckeye Partners, L.P.\nFive TEK Park\n9999 Hamilton Blvd\nBreinigsville, PA 18031\nCPF 1-2013-5003\nDear Mr. Collier:\nOn August 23 and 24, 2011, inspectors from the New York State Department of Public Service\n(NYSDPS), acting as agents for the Pipeline and Hazardous Materials Safety Administration (PHMSA)\npursuant to Chapter 601 of 49 United States Code inspected the Buckeye Partners, L.P.(Buckeye) pipeline\nfacilities in Auburn, NY.\nAs a result of the inspection, it appears that you have committed probable violations of the Pipeline Safety\nRegulations, Title 49, Code of Federal Regulations. The items inspected and the probable violations are:\n1. § 195.410 Line markers.\n(a) Except as provided in paragraph (b) of this section, each operator shall place and\nmaintain line markers over each buried pipeline in accordance with the following:\n(1) Markers must be located at each public road crossing, at each railroad crossing, and in\nsufficient number along the remainder of each buried line so that its location is accurately\nknown.\nBuckeye failed to adequately place and maintain line markers in sufficient quantity so that the buried\npipeline location is accurately known.\n\n\n\n1-2013-5003\nAt a location north from the intersection of John Glenn Boulevard and Buckley Road, between mileposts\nMP2 and MPE on line LP806BW, the line markers were not in sufficient number along the buried\npipeline so that its location is accurately known.\nOn the north side of Warners Road, there were line markers on each side of the road in the public ROW,\nhowever there were no line markers in sufficient number beyond the road crossing of the Buckeye right-\nof-way (ROW) at MP 14.2 on line AB802VB to accurately determine the location of the buried Buckeye\npipeline.\nAfter exiting the Warners Road crossing, Buckeye personnel indicated that the buried pipeline continued\ndue north from the Warners Road crossing to beyond a railroad crossing. However, the Buckeye maps\nthat were used during the NYSDPS inspection indicated that the buried pipeline changed direction\neastwardly through the front yards of two homes, and eastwardly again beyond the homes before turning\nnorth to cross railroad tracks. The location of the buried pipeline at the railroad crossing as indicated by\nthe Buckeye map and as stated by Buckeye personnel differed by over 1,000 feet. The Buckeye\npersonnel agreed that the location of the pipeline markers in the field did not match the pipeline location\nas indicated on the Buckeye map.\nThe NYSDPS inspectors visited the two locations noted above. The NYSDPS observed the conditions\nalong the ROW and took photographs, and compared Buckeye map information and line marker locations\nregarding the location of the buried pipeline facilities.\n2. § 195.410 Line markers.\n(a) Except as provided in paragraph (b) of this section, each operator shall place and\nmaintain line markers over each buried pipeline in accordance with the following:\n(2) The marker must state at least the following on a background of sharply contrasting\ncolor:\n(i) The word “Warning,” “Caution,” or “Danger” followed by the words “Petroleum (or the\nname of the hazardous liquid transported) Pipeline”, or “Carbon Dioxide Pipeline,” all of\nwhich, except for markers in heavily developed urban areas, must be in letters at least 1\ninch (25 millimeters) high with an approximate stroke of1/4inch (6.4 millimeters).\n(ii) The name of the operator and a telephone number (including area code) where the\noperator can be reached at all times.\nBuckeye failed to maintain three (3) line markers over Buckeye buried pipeline in accordance with the\nregulation. The surface of the line markers had deteriorated to the point that there was no legible wording\non the line markers to convey the line marker information and wording required by the regulation. The\nwording “Caution,” or “Danger” followed by the name of the hazardous liquid transported, along with the\nname of the operator was either missing or completely illegible on the pipeline markers.\nThe NYSDPS inspectors observed the conditions along the ROW and took photographs of the line\nmarkers showing the deteriorated surface conditions. The first two observed line markers were located\nnorth of John Glenn Boulevard in Liverpool, NY between MP2 and MP3 on line LP806BW. The third\nline marker was observed on the west side of Breed Road in Camillus, NY at about MP 12.5 on line\nAB802VB.\nThis violation is a repeat violation of Item 3 of CPF# 3-2007-5026.\n3. § 195.412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times each\ncalendar year, inspect the surface conditions on or adjacent to each pipeline right-of-way.\nMethods of inspection include walking, driving, flying or other appropriate means of\ntraversing the right-of-way.\n120135003_NOPV_PCP_PCO_01252013 Page 2 of 5\n\n\n\n1-2013-5003\nBuckeye failed to adequately inspect the surface conditions on or adjacent to each pipeline right-of-way at\nintervals not exceeding 3 weeks, but at least 26 times each calendar year.\nNYSDPS inspection indicated that the operator failed to adequately inspect the surface condition on or\nadjacent to each pipeline ROW. Buckeye used aerial patrols to inspect the pipeline ROW. Walking\npatrols were not used. Buckeye failed to maintain and clear the ROW of excessive vegetation growth,\nincluding the extent of the tree canopy, to create conditions suitable for the aerial patrol inspection\nmethod that they were using. It appeared that there has been uncontrolled growth on some parts of the\nROW for a long enough period to allow low growing plants and shrubs to take hold and grow to a height\nof more than 5 feet. These conditions were observed along the ROW between Buckley Road and Morgan\nRoad, about a ¼ mile in length.\nThe NYSDPS inspectors observed the conditions along the ROW and took photographs.\nBuckeye personnel stated that the aerial inspection method was the only inspection method used\nto inspect the surface conditions along the ROW.\nProposed Civil Penalty\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.\nFor violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per\nviolation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations.\nThe Compliance Officer has reviewed the circumstances and supporting documentation involved in the\nabove probable violations and has recommended that you be preliminarily assessed a civil penalty of\n$102,800 as follows:\nItem number PENALTY\n1 $25,000\n2 $51,600\n3 $26,200\nProposed Compliance Order\nWith respect to item numbers 1, 2, and 3 pursuant to 49 United States Code § 60118, the Pipeline and\nHazardous Materials Safety Administration proposes to issue a Compliance Order to Buckeye. Please\nrefer to the Proposed Compliance Order, which is enclosed and made a part of this Notice.\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be advised that\nall material you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential treatment\nunder 5 U.S.C. 552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If\nyou do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to\ncontest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\n120135003_NOPV_PCP_PCO_01252013 Page 3 of 5\n\n\n\n1-2013-5003\nPlease submit all correspondence in this matter to Byron Coy, PE, Director, PHMSA Eastern Region, 820\nBear Tavern Road, Suite 103, W. Trenton, NJ 08628. Please refer to CPF 1-2013-5003 on each\ndocument you submit, and please whenever possible provide a signed PDF copy in electronic format.\nSmaller files may be emailed to Byron.Coy@dot.gov. Larger files should be sent on a CD accompanied\nby the original paper copy to the Eastern Region Office.\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Compliance Proceedings\nCc: Kevin Speicher, NYSDPS\n120135003_NOPV_PCP_PCO_01252013 Page 4 of 5\n\n\n\n1-2013-5003\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) proposes to issue to Buckeye Partners, L.P. (Buckeye) a Compliance Order incorporating the\nfollowing remedial requirements to ensure the compliance of Buckeye with the pipeline safety\nregulations:\n1. 2. 3. 4. 5. In regard to Item Number 1 of the Notice pertaining to Buckeye’s failure to properly\ninstall and maintain line markers in sufficient quantity and location so that the location of\nthe buried pipeline is accurately known, Buckeye must re-check and ensure the accurate\nlocation of the buried pipeline at the road crossing and along the right-of-way (ROW), for\nall buried pipelines under the responsibility of Buckeye in a 5 mile radius of the road\ncrossing; and, then install as necessary the appropriate line markers.\nIn regard to Item Number 2 of the Notice pertaining to Buckeye’s failure to maintain line\nmarkers as that required line marker information is legible, Buckeye must ensure the\nadequate conditions of all line markers within a 10 mile radius of the two locations noted\nin this item.\nIn regard to Item Number 3 of the Notice pertaining to Buckeye’s failure to adequately\ninspect the surface conditions on or adjacent to each pipeline ROW, Buckeye must\nimplement one or more appropriate method(s)1 that will allow an adequate inspection of\nthe pipeline ROW between Buckley and Morgan Roads, about ¼ mile long.\nAll documentation demonstrating compliance with each of the items outlined in this order\nmust be submitted to the Director, Eastern Region, Pipeline and Hazardous Materials\nSafety Administration, 820 Bear Tavern Rd, Suite 103, West Trenton, NJ 08628 within\n120 days after receipt of the Final Order.\nIt is requested (not mandated) that Buckeye maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the total\nto Byron E. Coy, P.E., Director, Eastern, Pipeline and Hazardous Materials Safety\nAdministration. It is requested that these costs be reported in two categories: 1) total cost\nassociated with preparation/revision of plans, procedures, studies and analyses, and 2)\ntotal cost associated with replacements, additions and other changes to pipeline\ninfrastructure.\n1 49 C.F.R. 195.412(a)\n120135003_NOPV_PCP_PCO_01252013 Page 5 of 5\n\n120135003_NOPV PCP PCO_01252013 .pdf\n\nU.S. Department 820 Bear Tavern Road, Suite 103\nOf Transportation West Trenton, NJ 08628\nPipeline and 609.989.2171\nHazardous Materials\nSafety Administration\nNOTICE OF PROBABLE VIOLATION\nPROPOSED CIVIL PENALTY\nand\nPROPOSED COMPLIANCE ORDER\nOVERNIGHT EXPRESS MAIL\nJanuary 25, 2013\nThomas S. Collier\nVice President, Performance Assurance & Asset Integrity\nBuckeye Partners, L.P.\nFive TEK Park\n9999 Hamilton Blvd\nBreinigsville, PA 18031\nCPF 1-2013-5003\nDear Mr. Collier:\nOn August 23 and 24, 2011, inspectors from the New York State Department of Public Service\n(NYSDPS), acting as agents for the Pipeline and Hazardous Materials Safety Administration (PHMSA)\npursuant to Chapter 601 of 49 United States Code inspected the Buckeye Partners, L.P.(Buckeye) pipeline\nfacilities in Auburn, NY.\nAs a result of the inspection, it appears that you have committed probable violations of the Pipeline Safety\nRegulations, Title 49, Code of Federal Regulations. The items inspected and the probable violations are:\n1. § 195.410 Line markers.\n(a) Except as provided in paragraph (b) of this section, each operator shall place and\nmaintain line markers over each buried pipeline in accordance with the following:\n(1) Markers must be located at each public road crossing, at each railroad crossing, and in\nsufficient number along the remainder of each buried line so that its location is accurately\nknown.\nBuckeye failed to adequately place and maintain line markers in sufficient quantity so that the buried\npipeline location is accurately known.\n\n\n\n1-2013-5003\nAt a location north from the intersection of John Glenn Boulevard and Buckley Road, between mileposts\nMP2 and MPE on line LP806BW, the line markers were not in sufficient number along the buried\npipeline so that its location is accurately known.\nOn the north side of Warners Road, there were line markers on each side of the road in the public ROW,\nhowever there were no line markers in sufficient number beyond the road crossing of the Buckeye right-\nof-way (ROW) at MP 14.2 on line AB802VB to accurately determine the location of the buried Buckeye\npipeline.\nAfter exiting the Warners Road crossing, Buckeye personnel indicated that the buried pipeline continued\ndue north from the Warners Road crossing to beyond a railroad crossing. However, the Buckeye maps\nthat were used during the NYSDPS inspection indicated that the buried pipeline changed direction\neastwardly through the front yards of two homes, and eastwardly again beyond the homes before turning\nnorth to cross railroad tracks. The location of the buried pipeline at the railroad crossing as indicated by\nthe Buckeye map and as stated by Buckeye personnel differed by over 1,000 feet. The Buckeye\npersonnel agreed that the location of the pipeline markers in the field did not match the pipeline location\nas indicated on the Buckeye map.\nThe NYSDPS inspectors visited the two locations noted above. The NYSDPS observed the conditions\nalong the ROW and took photographs, and compared Buckeye map information and line marker locations\nregarding the location of the buried pipeline facilities.\n2. § 195.410 Line markers.\n(a) Except as provided in paragraph (b) of this section, each operator shall place and\nmaintain line markers over each buried pipeline in accordance with the following:\n(2) The marker must state at least the following on a background of sharply contrasting\ncolor:\n(i) The word “Warning,” “Caution,” or “Danger” followed by the words “Petroleum (or the\nname of the hazardous liquid transported) Pipeline”, or “Carbon Dioxide Pipeline,” all of\nwhich, except for markers in heavily developed urban areas, must be in letters at least 1\ninch (25 millimeters) high with an approximate stroke of1/4inch (6.4 millimeters).\n(ii) The name of the operator and a telephone number (including area code) where the\noperator can be reached at all times.\nBuckeye failed to maintain three (3) line markers over Buckeye buried pipeline in accordance with the\nregulation. The surface of the line markers had deteriorated to the point that there was no legible wording\non the line markers to convey the line marker information and wording required by the regulation. The\nwording “Caution,” or “Danger” followed by the name of the hazardous liquid transported, along with the\nname of the operator was either missing or completely illegible on the pipeline markers.\nThe NYSDPS inspectors observed the conditions along the ROW and took photographs of the line\nmarkers showing the deteriorated surface conditions. The first two observed line markers were located\nnorth of John Glenn Boulevard in Liverpool, NY between MP2 and MP3 on line LP806BW. The third\nline marker was observed on the west side of Breed Road in Camillus, NY at about MP 12.5 on line\nAB802VB.\nThis violation is a repeat violation of Item 3 of CPF# 3-2007-5026.\n3. § 195.412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times each\ncalendar year, inspect the surface conditions on or adjacent to each pipeline right-of-way.\nMethods of inspection include walking, driving, flying or other appropriate means of\ntraversing the right-of-way.\n120135003_NOPV_PCP_PCO_01252013 Page 2 of 5\n\n\n\n1-2013-5003\nBuckeye failed to adequately inspect the surface conditions on or adjacent to each pipeline right-of-way at\nintervals not exceeding 3 weeks, but at least 26 times each calendar year.\nNYSDPS inspection indicated that the operator failed to adequately inspect the surface condition on or\nadjacent to each pipeline ROW. Buckeye used aerial patrols to inspect the pipeline ROW. Walking\npatrols were not used. Buckeye failed to maintain and clear the ROW of excessive vegetation growth,\nincluding the extent of the tree canopy, to create conditions suitable for the aerial patrol inspection\nmethod that they were using. It appeared that there has been uncontrolled growth on some parts of the\nROW for a long enough period to allow low growing plants and shrubs to take hold and grow to a height\nof more than 5 feet. These conditions were observed along the ROW between Buckley Road and Morgan\nRoad, about a ¼ mile in length.\nThe NYSDPS inspectors observed the conditions along the ROW and took photographs.\nBuckeye personnel stated that the aerial inspection method was the only inspection method used\nto inspect the surface conditions along the ROW.\nProposed Civil Penalty\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.\nFor violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per\nviolation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations.\nThe Compliance Officer has reviewed the circumstances and supporting documentation involved in the\nabove probable violations and has recommended that you be preliminarily assessed a civil penalty of\n$102,800 as follows:\nItem number PENALTY\n1 $25,000\n2 $51,600\n3 $26,200\nProposed Compliance Order\nWith respect to item numbers 1, 2, and 3 pursuant to 49 United States Code § 60118, the Pipeline and\nHazardous Materials Safety Administration proposes to issue a Compliance Order to Buckeye. Please\nrefer to the Proposed Compliance Order, which is enclosed and made a part of this Notice.\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be advised that\nall material you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential treatment\nunder 5 U.S.C. 552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If\nyou do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to\ncontest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\n120135003_NOPV_PCP_PCO_01252013 Page 3 of 5\n\n\n\n1-2013-5003\nPlease submit all correspondence in this matter to Byron Coy, PE, Director, PHMSA Eastern Region, 820\nlocument you submit, and please whenever possible provide a signed PDF copy in electronic format\nSear Tavern Road, Suite 103, W. Trenton, NJ 08628. Please refer to CPF 1-2013-5003 on eac\nSmaller files may be emailed to Byron.Coy@dot.gov. Larger files should be sent on a CD accompanied\nby the original paper copy to the Eastern Region Office.\nSincerely,\nCoy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Compliance Proceedings\nCc: Kevin Speicher, NYSDPS\n120135003_NOPV_PCP_PCO_01252013\nPage 4 of 5\n\n\n\n1-2013-5003\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) proposes to issue to Buckeye Partners, L.P. (Buckeye) a Compliance Order incorporating the\nfollowing remedial requirements to ensure the compliance of Buckeye with the pipeline safety\nregulations:\n1. In regard to Item Number 1 of the Notice pertaining to Buckeye’s failure to properly\ninstall and maintain line markers in sufficient quantity and location so that the location of\nthe buried pipeline is accurately known, Buckeye must re-check and ensure the accurate\nlocation of the buried pipeline at the road crossing and along the right-of-way (ROW), for\nall buried pipelines under the responsibility of Buckeye in a 5 mile radius of the road\ncrossing; and, then install as necessary the appropriate line markers.\n2. In regard to Item Number 2 of the Notice pertaining to Buckeye’s failure to maintain line\nmarkers as that required line marker information is legible, Buckeye must ensure the\nadequate conditions of all line markers within a 10 mile radius of the two locations noted\nin this item.\n3. In regard to Item Number 3 of the Notice pertaining to Buckeye’s failure to adequately\ninspect the surface conditions on or adjacent to each pipeline ROW, Buckeye must\nimplement one or more appropriate method(s)1 that will allow an adequate inspection of\nthe pipeline ROW between Buckley and Morgan Roads, about ¼ mile long.\n4. All documentation demonstrating compliance with each of the items outlined in this order\nmust be submitted to the Director, Eastern Region, Pipeline and Hazardous Materials\nSafety Administration, 820 Bear Tavern Rd, Suite 103, West Trenton, NJ 08628 within\n120 days after receipt of the Final Order.\n5. It is requested (not mandated) that Buckeye maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the total\nto Byron E. Coy, P.E., Director, Eastern, Pipeline and Hazardous Materials Safety\nAdministration. It is requested that these costs be reported in two categories: 1) total cost\nassociated with preparation/revision of plans, procedures, studies and analyses, and 2)\ntotal cost associated with replacements, additions and other changes to pipeline\ninfrastructure.\n1 49 C.F.R. 195.412(a)\n120135003_NOPV_PCP_PCO_01252013 Page 5 of 5\n\n120135003_Final Order_06102013_text.pdf\n\nJUNE 10, 2013\nMr. Clark Smith\nPresident\nBuckeye Partners, LP\nFive TEK Park\n9999 Hamilton Blvd.\nBreinigsville, PA 18031\nRe: CPF No. 1-2013-5003\nDear Mr. Smith:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation, assesses a civil penalty of $102,800, and specifies actions that need to be taken by\nBuckeye Partners, LP, to comply with the pipeline safety regulations. This is to acknowledge\nreceipt of payment of the full penalty amount, by wire transfer, dated February 26, 2013. When\nthe terms of the compliance order have been completed, as determined by the Director, Eastern\nRegion, this enforcement action will be closed. Service of the Final Order by certified mail is\ndeemed effective upon the date of mailing, or 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. Byron Coy, P. E., Director, Eastern Region, OPS\nMr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS\nMr. Thomas S. Collier, Vice President, Performance Assurance & Asset, Buckeye\nPartners , LP\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED [INSERT RECEIPT NO.]\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, LP, ) CPF No. 1-2013-5003\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn August 23 and 24, 2011, pursuant to 49 U.S.C. § 60117, inspectors from the New York State\nDepartment of Public Service (NYSDPS), as agents for the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an on-site pipeline\nsafety inspection of the facilities and records of Buckeye Partners, LP (Buckeye or Respondent),\nin Auburn, New York. Buckeye operates approximately 6,164 miles of pipeline in the United\nStates, with 4,141 miles, or 67% of its pipeline system, located in High Consequence Areas.\n1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated January 25, 2013, a Notice of Probable Violation, Proposed Civil Penalty, and\nProposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice\nproposed finding that Buckeye had violated 49 C.F.R. §§ 195.410 and 195.412 and proposed\nassessing a civil penalty of $102,800 for the alleged violations. The Notice also proposed\nordering Respondent to take certain measures to correct the alleged violations.\nBuckeye responded to the Notice by letter dated February 25, 2013 (Response). The company\ndid not contest the three allegations of violation and paid the proposed civil penalty of $102,800,\nas provided in 49 C.F.R. § 190.227. Payment of the penalty serves to close those items in the\nNotice with prejudice to Respondent and authorizes PHMSA to make findings of violation as to\nthose items.\nFINDINGS OF VIOLATION\nIn its Response, Buckeye did not contest the allegations that it violated 49 C.F.R. Part 195, as\nfollows:\n1 Pipeline Safety Violation Report (Violation Report), (January 25, 2013) (on file with PHMSA), at 1. See\n§ 195.450 for a definition of High Consequence Areas.\n\n\n\n2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.410(a)(1), which states:\n§ 195.410 Line markers.\n(a) Except as provided in paragraph (b) of this section, each operator\nshall place and maintain line markers over each buried pipeline in\naccordance with the following:\n(1) Markers must be located at each public road crossing, at each\nrailroad crossing, and in sufficient number along the remainder of each\nburied line so that its location is accurately known.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.410(a)(1) by failing to adequately\nplace and maintain line markers in sufficient quantity over each buried pipeline so that its\nlocation is accurately known. Specifically, the Notice alleged that Buckeye failed to place\nsufficient line markers as follows: (1) at a location north of the intersection of John Glenn\nBoulevard and Buckley Road between Mile Post (MP) 2 and MPE on line LP806BW; (2) on the\nnorth side of Warners Road beyond the road crossing of the Buckeye right-of-way at MP 14.2 on\nline AB802VB; and, (3) to accurately match the pipeline location between Warners Road and a\nrailroad crossing, as shown on the company’s own maps.\nRespondent did not contest these allegations of violation.2 Accordingly, based upon a review of\nall of the evidence, I find that Respondent violated 49 C.F.R. § 195.410(a)(1) by failing to\nadequately place and maintain line markers in sufficient quantity along the company’s buried\npipeline so that its location is accurately known.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.410(a)(2), which states:\n§ 195.410 Line markers.\n(a) Except as provided in paragraph (b) of this section, each operator\nshall place and maintain line markers over each buried pipeline in\naccordance with the following:\n(1) . . .\n(2) The marker must state at least the following on a background of\nsharply contrasting color:\n(i) The word “Warning,” “Caution,” or “Danger” followed by the\nwords “Petroleum (or the name of the hazardous liquid transported)\nPipeline”, or “Carbon Dioxide Pipeline,” all of which, except for markers\nin heavily developed urban areas, must be in letters at least 1 inch (25\nmillimeters) high with an approximate stroke of ¼ inch (6.4 millimeters).\n(ii) The name of the operator and the telephone number (including\narea code) where the operator can be reached at all times.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.410(a)(2) by failing to maintain\nproperly three line markers over its buried pipeline in Liverpool, New York, and Camillus, New\n2 In its Response, Buckeye asserted that it did not contest this probable violation, but stated that when it later\nchecked its maps, they accurately depicted the location of the buried pipelines. See Response at 1. Buckeye,\nhowever, failed to provide any evidence to substantiate this claim.\n\n\n\n3\nYork. Specifically, the Notice alleged that at three different locations, the NYSDPS inspectors\nobserved Buckeye line markers that had deteriorated to the point there was no legible wording on\nthe markers to convey all of the information required by the regulation.\nRespondent did not contest these allegations of violation. Accordingly, based upon a review of\nall of the evidence, I find that Respondent violated 49 C.F.R. § 195.410(a)(2) by failing to\nmaintain three line markers over its buried pipeline in Liverpool, New York, and Camillus, New\nYork.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.412(a), which states:\n§ 195.412 Inspections of rights-of-way and crossings under navigable\nwaters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at\nleast 26 times each calendar year, inspect the surface conditions on or\nadjacent to each pipeline right-of-way. Methods of inspection include\nwalking, driving, flying or other appropriate means of traversing the\nright-of-way.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.412(a) by failing to adequately\ninspect the surface conditions on or adjacent to each pipeline right-of-way at intervals not\nexceeding three weeks, but at least 26 times each calendar year. Specifically, the Notice alleged\nthat Buckeye failed to maintain and clear the right-of-way of excessive vegetation growth,\nincluding the extent of the tree canopy. As a result, Respondent could not adequately inspect the\npipeline by aerial inspection, the only method that it used.\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. § 195.412(a) by failing to adequately\ninspect the surface conditions on or adjacent to each pipeline right-of-way at intervals not\nexceeding three weeks, but at least 26 times each calendar year.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any\nrelated series of violations.3 In determining the amount of a civil penalty under\n49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,\ncircumstances, and gravity of the violation, including adverse impact on the environment; the\n3 The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, Pub. L. No. 112-90, § 2(a)(1), 125 Stat.\n1904, effective January 3, 2012, increased the maximum civil penalty liability for violating a pipeline safety\nstandard to $200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for a related series\nof violations.\n\n\n\n4\ndegree of Respondent’s culpability; the history of Respondent’s prior offenses; and any effect\nthat the penalty may have on its ability to continue doing business; and the good faith of\nRespondent in attempting to comply with the pipeline safety regulations. In addition, I may\nconsider the economic benefit gained from the violation without any reduction because of\nsubsequent damages, and such other matters as justice may require. The Notice proposed a total\ncivil penalty of $102,800 for the violations cited above.\nItem 1: The Notice proposed a civil penalty of $25,000 for Respondent’s violation of\n49 C.F.R. § 195.410(a)(1), for failing to adequately place and maintain line markers in sufficient\nquantity so that the location of its buried pipeline is accurately known. Buckeye paid the\nproposed penalty, which serves to close this Item with prejudice to Respondent. Accordingly,\nhaving reviewed the record and considered the assessment criteria, I assess Respondent a civil\npenalty of $25,000 for violation of 49 C.F.R. § 195.410(a)(1).\nItem 2: The Notice proposed a civil penalty of $51,600 for Respondent’s violation of\n49 C.F.R. § 195.410(a)(2), for failing to maintain properly three line markers over its buried\npipeline in Liverpool, New York, and Camillus, New York. The penalty reflected that the\nviolation was a repeat offense from an earlier enforcement action, CPF No. 3-2007-5026.\nBuckeye paid the proposed penalty, which serves to close this Item with prejudice to\nRespondent. Accordingly, having reviewed the record and considered the assessment criteria, I\nassess Respondent a civil penalty of $51,600 for violation of 49 C.F.R. § 195.410(a)(2).\nItem 3: The Notice proposed a civil penalty of $26,200 for Respondent’s violation of\n49 C.F.R. § 195.412(a), for failing to adequately inspect the surface conditions on or adjacent to\neach pipeline right-of-way at intervals not exceeding three weeks, but at least 26 times each\ncalendar year. Buckeye paid the proposed penalty, which serves to close this Item with\nprejudice to Respondent. Accordingly, having reviewed the record and considered the\nassessment criteria, I assess Respondent a civil penalty of $26,200 for violation of\n49 C.F.R. § 195.412(a).\nIn summary, having reviewed the record and considered the assessment criteria for each of the\nItems cited above, I assess Respondent a total civil penalty of $102,800, which has been paid in\nfull by Buckeye.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1, 2, and 3 in the Notice for\nviolations of 49 C.F.R. §§ 195.410 and 195.412. Under 49 U.S.C. § 60118(a), each person who\nengages in the transportation of gas or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601. Pursuant to the\nauthority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the\nfollowing actions to ensure compliance with the pipeline safety regulations applicable to its\noperations:\n1. With respect to the violation of § 195.410(a)(1) (Item 1), Respondent must re-\n\n\n\n5\ncheck and ensure the accurate location of its buried pipeline at the road crossing and\nalong the Buckeye right-of-way at MP 14.2 on line AB802VB, and for all buried\npipelines under the responsibility of Buckeye within a five-mile radius of the road\ncrossing, and then install, as necessary, appropriate line markers.\n2. With respect to the violation of § 195.410(a)(2) (Item 2), Respondent must ensure\nthe adequate condition of all line markers within a 10-mile radius of the two locations\nnoted in this Item.\n3. With respect to the violation of § 195.412(a) (Item 3), Respondent must\nimplement one or more appropriate methods that will allow an adequate inspection of\nthe pipeline right-of-way between Buckley and Morgan, about ¼ mile long.\n4. All documentation demonstrating compliance with each of the items outlined in\nthis order must be submitted to the Director, Eastern Region, Pipeline and Hazardous\nMaterials Safety Administration, 820 Bear Tavern Rd., Suite 103, West Trenton, NJ\n08628, within 120 days after the Final Order.\n5. It is requested (not mandated) that Buckeye maintain documentation of the safety\nimprovement costs associated with fulfilling the Compliance Order and submit the\ntotal to Byron E. Coy, P.E., Director, Eastern Region, Pipeline and Hazardous\nMaterials Safety Administration. It is requested that these costs be reported in two\ncategories: 1) total cost associated with preparation/revision of plans, procedures,\nstudies and analyses; and 2) total costs associated with replacements, additions and\nother changes to pipeline infrastructure.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n120135003_Closure Letter_11132013_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nOVERNIGHT EXPRESS MAIL\nNovember 13, 2013\nMr. Thomas S. Collier,\nVP Performance Assurance & Asset Integrity\nBuckeye Partners, L.P.\nFive TEK Park\n9999 Hamilton Boulevard\nBreinigsville, PA 18031\nCPF 1-2013-5003\nDear Mr. Collier:\nOn June 10, 2013, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\nto Buckeye Partners, L.P., a Final Order for case 1-2013-5003. This Order included a\nCompliance Order and Civil Penalty assessment. Based on our review of the documentation you\nprov","truncated":true,"body_characters":40441}