# BUCKEYE PARTNERS, LP — Notice of Probable Violation

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

Official case documents:

120135003_Closure Letter_11132013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135003/120135003_Closure%20Letter_11132013.pdf

120135003_Closure Letter_11132013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135003/120135003_Closure%20Letter_11132013_text.pdf

120135003_Final Order_06102013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135003/120135003_Final%20Order_06102013.pdf

120135003_Final Order_06102013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135003/120135003_Final%20Order_06102013_text.pdf

120135003_NOPV PCP PCO_01252013 .pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135003/120135003_NOPV%20PCP%20PCO_01252013%20.pdf

120135003_NOPV PCP PCO_01252013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135003/120135003_NOPV%20PCP%20PCO_01252013_text.pdf

120135003_Operator Response_02252013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135003/120135003_Operator%20Response_02252013.pdf

120135003_NOPV PCP PCO_01252013_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
NOTICE OF PROBABLE VIOLATION
PROPOSED CIVIL PENALTY
and
PROPOSED COMPLIANCE ORDER
OVERNIGHT EXPRESS MAIL
January 25, 2013
Thomas S. Collier
Vice President, Performance Assurance & Asset Integrity
Buckeye Partners, L.P.
Five TEK Park
9999 Hamilton Blvd
Breinigsville, PA 18031
CPF 1-2013-5003
Dear Mr. Collier:
On August 23 and 24, 2011, inspectors from the New York State Department of Public Service
(NYSDPS), acting as agents for the Pipeline and Hazardous Materials Safety Administration (PHMSA)
pursuant to Chapter 601 of 49 United States Code inspected the Buckeye Partners, L.P.(Buckeye) pipeline
facilities in Auburn, NY.
As a result of the inspection, it appears that you have committed probable violations of the Pipeline Safety
Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable violations are:
1. § 195.410 Line markers.
(a) Except as provided in paragraph (b) of this section, each operator shall place and
maintain line markers over each buried pipeline in accordance with the following:
(1) Markers must be located at each public road crossing, at each railroad crossing, and in
sufficient number along the remainder of each buried line so that its location is accurately
known.
Buckeye failed to adequately place and maintain line markers in sufficient quantity so that the buried
pipeline location is accurately known.



1-2013-5003
At a location north from the intersection of John Glenn Boulevard and Buckley Road, between mileposts
MP2 and MPE on line LP806BW, the line markers were not in sufficient number along the buried
pipeline so that its location is accurately known.
On the north side of Warners Road, there were line markers on each side of the road in the public ROW,
however there were no line markers in sufficient number beyond the road crossing of the Buckeye right-
of-way (ROW) at MP 14.2 on line AB802VB to accurately determine the location of the buried Buckeye
pipeline.
After exiting the Warners Road crossing, Buckeye personnel indicated that the buried pipeline continued
due north from the Warners Road crossing to beyond a railroad crossing. However, the Buckeye maps
that were used during the NYSDPS inspection indicated that the buried pipeline changed direction
eastwardly through the front yards of two homes, and eastwardly again beyond the homes before turning
north to cross railroad tracks. The location of the buried pipeline at the railroad crossing as indicated by
the Buckeye map and as stated by Buckeye personnel differed by over 1,000 feet. The Buckeye
personnel agreed that the location of the pipeline markers in the field did not match the pipeline location
as indicated on the Buckeye map.
The NYSDPS inspectors visited the two locations noted above. The NYSDPS observed the conditions
along the ROW and took photographs, and compared Buckeye map information and line marker locations
regarding the location of the buried pipeline facilities.
2. § 195.410 Line markers.
(a) Except as provided in paragraph (b) of this section, each operator shall place and
maintain line markers over each buried pipeline in accordance with the following:
(2) The marker must state at least the following on a background of sharply contrasting
color:
(i) The word “Warning,” “Caution,” or “Danger” followed by the words “Petroleum (or the
name of the hazardous liquid transported) Pipeline”, or “Carbon Dioxide Pipeline,” all of
which, except for markers in heavily developed urban areas, must be in letters at least 1
inch (25 millimeters) high with an approximate stroke of1/4inch (6.4 millimeters).
(ii) The name of the operator and a telephone number (including area code) where the
operator can be reached at all times.
Buckeye failed to maintain three (3) line markers over Buckeye buried pipeline in accordance with the
regulation. The surface of the line markers had deteriorated to the point that there was no legible wording
on the line markers to convey the line marker information and wording required by the regulation. The
wording “Caution,” or “Danger” followed by the name of the hazardous liquid transported, along with the
name of the operator was either missing or completely illegible on the pipeline markers.
The NYSDPS inspectors observed the conditions along the ROW and took photographs of the line
markers showing the deteriorated surface conditions. The first two observed line markers were located
north of John Glenn Boulevard in Liverpool, NY between MP2 and MP3 on line LP806BW. The third
line marker was observed on the west side of Breed Road in Camillus, NY at about MP 12.5 on line
AB802VB.
This violation is a repeat violation of Item 3 of CPF# 3-2007-5026.
3. § 195.412 Inspection of rights-of-way and crossings under navigable waters.
(a) Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times each
calendar year, inspect the surface conditions on or adjacent to each pipeline right-of-way.
Methods of inspection include walking, driving, flying or other appropriate means of
traversing the right-of-way.
120135003_NOPV_PCP_PCO_01252013 Page 2 of 5



1-2013-5003
Buckeye failed to adequately inspect the surface conditions on or adjacent to each pipeline right-of-way at
intervals not exceeding 3 weeks, but at least 26 times each calendar year.
NYSDPS inspection indicated that the operator failed to adequately inspect the surface condition on or
adjacent to each pipeline ROW. Buckeye used aerial patrols to inspect the pipeline ROW. Walking
patrols were not used. Buckeye failed to maintain and clear the ROW of excessive vegetation growth,
including the extent of the tree canopy, to create conditions suitable for the aerial patrol inspection
method that they were using. It appeared that there has been uncontrolled growth on some parts of the
ROW for a long enough period to allow low growing plants and shrubs to take hold and grow to a height
of more than 5 feet. These conditions were observed along the ROW between Buckley Road and Morgan
Road, about a ¼ mile in length.
The NYSDPS inspectors observed the conditions along the ROW and took photographs.
Buckeye personnel stated that the aerial inspection method was the only inspection method used
to inspect the surface conditions along the ROW.
Proposed Civil Penalty
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per
violation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.
For violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per
violation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations.
The Compliance Officer has reviewed the circumstances and supporting documentation involved in the
above probable violations and has recommended that you be preliminarily assessed a civil penalty of
$102,800 as follows:
Item number PENALTY
1 $25,000
2 $51,600
3 $26,200
Proposed Compliance Order
With respect to item numbers 1, 2, and 3 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.
120135003_NOPV_PCP_PCO_01252013 Page 3 of 5



1-2013-5003
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 1-2013-5003 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
Cc: Kevin Speicher, NYSDPS
120135003_NOPV_PCP_PCO_01252013 Page 4 of 5



1-2013-5003
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. 2. 3. 4. 5. In regard to Item Number 1 of the Notice pertaining to Buckeye’s failure to properly
install and maintain line markers in sufficient quantity and location so that the location of
the buried pipeline is accurately known, Buckeye must re-check and ensure the accurate
location of the buried pipeline at the road crossing and along the right-of-way (ROW), for
all buried pipelines under the responsibility of Buckeye in a 5 mile radius of the road
crossing; and, then install as necessary the appropriate line markers.
In regard to Item Number 2 of the Notice pertaining to Buckeye’s failure to maintain line
markers as that required line marker information is legible, Buckeye must ensure the
adequate conditions of all line markers within a 10 mile radius of the two locations noted
in this item.
In regard to Item Number 3 of the Notice pertaining to Buckeye’s failure to adequately
inspect the surface conditions on or adjacent to each pipeline ROW, Buckeye must
implement one or more appropriate method(s)1 that will allow an adequate inspection of
the pipeline ROW between Buckley and Morgan Roads, about ¼ mile long.
All documentation demonstrating compliance with each of the items outlined in this order
must be submitted to the Director, Eastern Region, Pipeline and Hazardous Materials
Safety Administration, 820 Bear Tavern Rd, Suite 103, West Trenton, NJ 08628 within
120 days after receipt of the Final Order.
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 E. Coy, P.E., Director, Eastern, 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.
1 49 C.F.R. 195.412(a)
120135003_NOPV_PCP_PCO_01252013 Page 5 of 5

120135003_NOPV PCP PCO_01252013 .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
January 25, 2013
Thomas S. Collier
Vice President, Performance Assurance & Asset Integrity
Buckeye Partners, L.P.
Five TEK Park
9999 Hamilton Blvd
Breinigsville, PA 18031
CPF 1-2013-5003
Dear Mr. Collier:
On August 23 and 24, 2011, inspectors from the New York State Department of Public Service
(NYSDPS), acting as agents for the Pipeline and Hazardous Materials Safety Administration (PHMSA)
pursuant to Chapter 601 of 49 United States Code inspected the Buckeye Partners, L.P.(Buckeye) pipeline
facilities in Auburn, NY.
As a result of the inspection, it appears that you have committed probable violations of the Pipeline Safety
Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable violations are:
1. § 195.410 Line markers.
(a) Except as provided in paragraph (b) of this section, each operator shall place and
maintain line markers over each buried pipeline in accordance with the following:
(1) Markers must be located at each public road crossing, at each railroad crossing, and in
sufficient number along the remainder of each buried line so that its location is accurately
known.
Buckeye failed to adequately place and maintain line markers in sufficient quantity so that the buried
pipeline location is accurately known.



1-2013-5003
At a location north from the intersection of John Glenn Boulevard and Buckley Road, between mileposts
MP2 and MPE on line LP806BW, the line markers were not in sufficient number along the buried
pipeline so that its location is accurately known.
On the north side of Warners Road, there were line markers on each side of the road in the public ROW,
however there were no line markers in sufficient number beyond the road crossing of the Buckeye right-
of-way (ROW) at MP 14.2 on line AB802VB to accurately determine the location of the buried Buckeye
pipeline.
After exiting the Warners Road crossing, Buckeye personnel indicated that the buried pipeline continued
due north from the Warners Road crossing to beyond a railroad crossing. However, the Buckeye maps
that were used during the NYSDPS inspection indicated that the buried pipeline changed direction
eastwardly through the front yards of two homes, and eastwardly again beyond the homes before turning
north to cross railroad tracks. The location of the buried pipeline at the railroad crossing as indicated by
the Buckeye map and as stated by Buckeye personnel differed by over 1,000 feet. The Buckeye
personnel agreed that the location of the pipeline markers in the field did not match the pipeline location
as indicated on the Buckeye map.
The NYSDPS inspectors visited the two locations noted above. The NYSDPS observed the conditions
along the ROW and took photographs, and compared Buckeye map information and line marker locations
regarding the location of the buried pipeline facilities.
2. § 195.410 Line markers.
(a) Except as provided in paragraph (b) of this section, each operator shall place and
maintain line markers over each buried pipeline in accordance with the following:
(2) The marker must state at least the following on a background of sharply contrasting
color:
(i) The word “Warning,” “Caution,” or “Danger” followed by the words “Petroleum (or the
name of the hazardous liquid transported) Pipeline”, or “Carbon Dioxide Pipeline,” all of
which, except for markers in heavily developed urban areas, must be in letters at least 1
inch (25 millimeters) high with an approximate stroke of1/4inch (6.4 millimeters).
(ii) The name of the operator and a telephone number (including area code) where the
operator can be reached at all times.
Buckeye failed to maintain three (3) line markers over Buckeye buried pipeline in accordance with the
regulation. The surface of the line markers had deteriorated to the point that there was no legible wording
on the line markers to convey the line marker information and wording required by the regulation. The
wording “Caution,” or “Danger” followed by the name of the hazardous liquid transported, along with the
name of the operator was either missing or completely illegible on the pipeline markers.
The NYSDPS inspectors observed the conditions along the ROW and took photographs of the line
markers showing the deteriorated surface conditions. The first two observed line markers were located
north of John Glenn Boulevard in Liverpool, NY between MP2 and MP3 on line LP806BW. The third
line marker was observed on the west side of Breed Road in Camillus, NY at about MP 12.5 on line
AB802VB.
This violation is a repeat violation of Item 3 of CPF# 3-2007-5026.
3. § 195.412 Inspection of rights-of-way and crossings under navigable waters.
(a) Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times each
calendar year, inspect the surface conditions on or adjacent to each pipeline right-of-way.
Methods of inspection include walking, driving, flying or other appropriate means of
traversing the right-of-way.
120135003_NOPV_PCP_PCO_01252013 Page 2 of 5



1-2013-5003
Buckeye failed to adequately inspect the surface conditions on or adjacent to each pipeline right-of-way at
intervals not exceeding 3 weeks, but at least 26 times each calendar year.
NYSDPS inspection indicated that the operator failed to adequately inspect the surface condition on or
adjacent to each pipeline ROW. Buckeye used aerial patrols to inspect the pipeline ROW. Walking
patrols were not used. Buckeye failed to maintain and clear the ROW of excessive vegetation growth,
including the extent of the tree canopy, to create conditions suitable for the aerial patrol inspection
method that they were using. It appeared that there has been uncontrolled growth on some parts of the
ROW for a long enough period to allow low growing plants and shrubs to take hold and grow to a height
of more than 5 feet. These conditions were observed along the ROW between Buckley Road and Morgan
Road, about a ¼ mile in length.
The NYSDPS inspectors observed the conditions along the ROW and took photographs.
Buckeye personnel stated that the aerial inspection method was the only inspection method used
to inspect the surface conditions along the ROW.
Proposed Civil Penalty
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per
violation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.
For violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per
violation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations.
The Compliance Officer has reviewed the circumstances and supporting documentation involved in the
above probable violations and has recommended that you be preliminarily assessed a civil penalty of
$102,800 as follows:
Item number PENALTY
1 $25,000
2 $51,600
3 $26,200
Proposed Compliance Order
With respect to item numbers 1, 2, and 3 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.
120135003_NOPV_PCP_PCO_01252013 Page 3 of 5



1-2013-5003
Please submit all correspondence in this matter to Byron Coy, PE, Director, PHMSA Eastern Region, 820
locument you submit, and please whenever possible provide a signed PDF copy in electronic format
Sear Tavern Road, Suite 103, W. Trenton, NJ 08628. Please refer to CPF 1-2013-5003 on eac
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,
Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
Enclosures: Proposed Compliance Order
Response Options for Pipeline Operators in Compliance Proceedings
Cc: Kevin Speicher, NYSDPS
120135003_NOPV_PCP_PCO_01252013
Page 4 of 5



1-2013-5003
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 regard to Item Number 1 of the Notice pertaining to Buckeye’s failure to properly
install and maintain line markers in sufficient quantity and location so that the location of
the buried pipeline is accurately known, Buckeye must re-check and ensure the accurate
location of the buried pipeline at the road crossing and along the right-of-way (ROW), for
all buried pipelines under the responsibility of Buckeye in a 5 mile radius of the road
crossing; and, then install as necessary the appropriate line markers.
2. In regard to Item Number 2 of the Notice pertaining to Buckeye’s failure to maintain line
markers as that required line marker information is legible, Buckeye must ensure the
adequate conditions of all line markers within a 10 mile radius of the two locations noted
in this item.
3. In regard to Item Number 3 of the Notice pertaining to Buckeye’s failure to adequately
inspect the surface conditions on or adjacent to each pipeline ROW, Buckeye must
implement one or more appropriate method(s)1 that will allow an adequate inspection of
the pipeline ROW between Buckley and Morgan Roads, about ¼ mile long.
4. All documentation demonstrating compliance with each of the items outlined in this order
must be submitted to the Director, Eastern Region, Pipeline and Hazardous Materials
Safety Administration, 820 Bear Tavern Rd, Suite 103, West Trenton, NJ 08628 within
120 days after receipt of the Final Order.
5. 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 E. Coy, P.E., Director, Eastern, 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.
1 49 C.F.R. 195.412(a)
120135003_NOPV_PCP_PCO_01252013 Page 5 of 5

120135003_Final Order_06102013_text.pdf

JUNE 10, 2013
Mr. Clark Smith
President
Buckeye Partners, LP
Five TEK Park
9999 Hamilton Blvd.
Breinigsville, PA 18031
Re: CPF No. 1-2013-5003
Dear Mr. Smith:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation, assesses a civil penalty of $102,800, and specifies actions that need to be taken by
Buckeye Partners, LP, to comply with the pipeline safety regulations. This is to acknowledge
receipt of payment of the full penalty amount, by wire transfer, dated February 26, 2013. 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. Byron Coy, P. E., Director, Eastern Region, OPS
Mr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS
Mr. Thomas S. Collier, Vice President, Performance Assurance & Asset, Buckeye
Partners , LP
CERTIFIED MAIL - RETURN RECEIPT REQUESTED [INSERT RECEIPT NO.]



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, LP, ) CPF No. 1-2013-5003
)
Respondent. )
____________________________________)
FINAL ORDER
On August 23 and 24, 2011, pursuant to 49 U.S.C. § 60117, inspectors from the New York State
Department of Public Service (NYSDPS), as agents for 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, LP (Buckeye or Respondent),
in Auburn, New York. Buckeye operates approximately 6,164 miles of pipeline in the United
States, with 4,141 miles, or 67% of its pipeline system, located in High Consequence Areas.
1
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated January 25, 2013, 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 Buckeye had violated 49 C.F.R. §§ 195.410 and 195.412 and proposed
assessing a civil penalty of $102,800 for the alleged violations. The Notice also proposed
ordering Respondent to take certain measures to correct the alleged violations.
Buckeye responded to the Notice by letter dated February 25, 2013 (Response). The company
did not contest the three allegations of violation and paid the proposed civil penalty of $102,800,
as provided in 49 C.F.R. § 190.227. Payment of the penalty serves to close those items in the
Notice with prejudice to Respondent and authorizes PHMSA to make findings of violation as to
those items.
FINDINGS OF VIOLATION
In its Response, Buckeye did not contest the allegations that it violated 49 C.F.R. Part 195, as
follows:
1 Pipeline Safety Violation Report (Violation Report), (January 25, 2013) (on file with PHMSA), at 1. See
§ 195.450 for a definition of High Consequence Areas.



2
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.410(a)(1), which states:
§ 195.410 Line markers.
(a) Except as provided in paragraph (b) of this section, each operator
shall place and maintain line markers over each buried pipeline in
accordance with the following:
(1) Markers must be located at each public road crossing, at each
railroad crossing, and in sufficient number along the remainder of each
buried line so that its location is accurately known.
The Notice alleged that Respondent violated 49 C.F.R. § 195.410(a)(1) by failing to adequately
place and maintain line markers in sufficient quantity over each buried pipeline so that its
location is accurately known. Specifically, the Notice alleged that Buckeye failed to place
sufficient line markers as follows: (1) at a location north of the intersection of John Glenn
Boulevard and Buckley Road between Mile Post (MP) 2 and MPE on line LP806BW; (2) on the
north side of Warners Road beyond the road crossing of the Buckeye right-of-way at MP 14.2 on
line AB802VB; and, (3) to accurately match the pipeline location between Warners Road and a
railroad crossing, as shown on the company’s own maps.
Respondent did not contest these allegations of violation.2 Accordingly, based upon a review of
all of the evidence, I find that Respondent violated 49 C.F.R. § 195.410(a)(1) by failing to
adequately place and maintain line markers in sufficient quantity along the company’s buried
pipeline so that its location is accurately known.
Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.410(a)(2), which states:
§ 195.410 Line markers.
(a) Except as provided in paragraph (b) of this section, each operator
shall place and maintain line markers over each buried pipeline in
accordance with the following:
(1) . . .
(2) The marker must state at least the following on a background of
sharply contrasting color:
(i) The word “Warning,” “Caution,” or “Danger” followed by the
words “Petroleum (or the name of the hazardous liquid transported)
Pipeline”, or “Carbon Dioxide Pipeline,” all of which, except for markers
in heavily developed urban areas, must be in letters at least 1 inch (25
millimeters) high with an approximate stroke of ¼ inch (6.4 millimeters).
(ii) The name of the operator and the telephone number (including
area code) where the operator can be reached at all times.
The Notice alleged that Respondent violated 49 C.F.R. § 195.410(a)(2) by failing to maintain
properly three line markers over its buried pipeline in Liverpool, New York, and Camillus, New
2 In its Response, Buckeye asserted that it did not contest this probable violation, but stated that when it later
checked its maps, they accurately depicted the location of the buried pipelines. See Response at 1. Buckeye,
however, failed to provide any evidence to substantiate this claim.



3
York. Specifically, the Notice alleged that at three different locations, the NYSDPS inspectors
observed Buckeye line markers that had deteriorated to the point there was no legible wording on
the markers to convey all of the information required by the regulation.
Respondent did not contest these allegations of violation. Accordingly, based upon a review of
all of the evidence, I find that Respondent violated 49 C.F.R. § 195.410(a)(2) by failing to
maintain three line markers over its buried pipeline in Liverpool, New York, and Camillus, New
York.
Item 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.412(a), which states:
§ 195.412 Inspections of rights-of-way and crossings under navigable
waters.
(a) Each operator shall, at intervals not exceeding 3 weeks, but at
least 26 times each calendar year, inspect the surface conditions on or
adjacent to each pipeline right-of-way. Methods of inspection include
walking, driving, flying or other appropriate means of traversing the
right-of-way.
The Notice alleged that Respondent violated 49 C.F.R. § 195.412(a) by failing to adequately
inspect the surface conditions on or adjacent to each pipeline right-of-way at intervals not
exceeding three weeks, but at least 26 times each calendar year. Specifically, the Notice alleged
that Buckeye failed to maintain and clear the right-of-way of excessive vegetation growth,
including the extent of the tree canopy. As a result, Respondent could not adequately inspect the
pipeline by aerial inspection, the only method that it used.
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. § 195.412(a) by failing to adequately
inspect the surface conditions on or adjacent to each pipeline right-of-way at intervals not
exceeding three weeks, but at least 26 times each calendar year.
These findings of violation will be considered prior offenses 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
$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any
related series of violations.3 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
3 The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, Pub. L. No. 112-90, § 2(a)(1), 125 Stat.
1904, effective January 3, 2012, increased the maximum civil penalty liability for violating a pipeline safety
standard to $200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for a related series
of violations.



4
degree of Respondent’s culpability; the history of Respondent’s prior offenses; 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 $102,800 for the violations cited above.
Item 1: The Notice proposed a civil penalty of $25,000 for Respondent’s violation of
49 C.F.R. § 195.410(a)(1), for failing to adequately place and maintain line markers in sufficient
quantity so that the location of its buried pipeline is accurately known. Buckeye paid the
proposed penalty, which serves to close this Item with prejudice to Respondent. Accordingly,
having reviewed the record and considered the assessment criteria, I assess Respondent a civil
penalty of $25,000 for violation of 49 C.F.R. § 195.410(a)(1).
Item 2: The Notice proposed a civil penalty of $51,600 for Respondent’s violation of
49 C.F.R. § 195.410(a)(2), for failing to maintain properly three line markers over its buried
pipeline in Liverpool, New York, and Camillus, New York. The penalty reflected that the
violation was a repeat offense from an earlier enforcement action, CPF No. 3-2007-5026.
Buckeye paid the proposed penalty, which serves to close this Item with prejudice to
Respondent. Accordingly, having reviewed the record and considered the assessment criteria, I
assess Respondent a civil penalty of $51,600 for violation of 49 C.F.R. § 195.410(a)(2).
Item 3: The Notice proposed a civil penalty of $26,200 for Respondent’s violation of
49 C.F.R. § 195.412(a), for failing to adequately inspect the surface conditions on or adjacent to
each pipeline right-of-way at intervals not exceeding three weeks, but at least 26 times each
calendar year. Buckeye paid the proposed penalty, which serves to close this Item with
prejudice to Respondent. Accordingly, having reviewed the record and considered the
assessment criteria, I assess Respondent a civil penalty of $26,200 for violation of
49 C.F.R. § 195.412(a).
In summary, having reviewed the record and considered the assessment criteria for each of the
Items cited above, I assess Respondent a total civil penalty of $102,800, which has been paid in
full by Buckeye.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Items 1, 2, and 3 in the Notice for
violations of 49 C.F.R. §§ 195.410 and 195.412. Under 49 U.S.C. § 60118(a), each person who
engages in the transportation of gas 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 § 195.410(a)(1) (Item 1), Respondent must re-



5
check and ensure the accurate location of its buried pipeline at the road crossing and
along the Buckeye right-of-way at MP 14.2 on line AB802VB, and for all buried
pipelines under the responsibility of Buckeye within a five-mile radius of the road
crossing, and then install, as necessary, appropriate line markers.
2. With respect to the violation of § 195.410(a)(2) (Item 2), Respondent must ensure
the adequate condition of all line markers within a 10-mile radius of the two locations
noted in this Item.
3. With respect to the violation of § 195.412(a) (Item 3), Respondent must
implement one or more appropriate methods that will allow an adequate inspection of
the pipeline right-of-way between Buckley and Morgan, about ¼ mile long.
4. All documentation demonstrating compliance with each of the items outlined in
this order must be submitted to the Director, Eastern Region, Pipeline and Hazardous
Materials Safety Administration, 820 Bear Tavern Rd., Suite 103, West Trenton, NJ
08628, within 120 days after the Final Order.
5. It is requested (not mandated) that Buckeye maintain documentation of the safety
improvement costs associated with fulfilling the Compliance Order and submit the
total to Byron E. Coy, P.E., 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 costs 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 $200,000 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

120135003_Closure Letter_11132013_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
November 13, 2013
Mr. Thomas S. Collier,
VP Performance Assurance & Asset Integrity
Buckeye Partners, L.P.
Five TEK Park
9999 Hamilton Boulevard
Breinigsville, PA 18031
CPF 1-2013-5003
Dear Mr. Collier:
On June 10, 2013, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued
to Buckeye Partners, L.P., a Final Order for case 1-2013-5003. This Order included a
Compliance Order and Civil Penalty assessment. Based on our review of the documentation you
prov
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