{"operation":"document","citation":"CPF 120135019","title":"BUCKEYE PARTNERS, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-09-12","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.412(a), 195.428(a), 195.49.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135019.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135019.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135019","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120135019","body":"Notice of Probable Violation involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulations as 195.412(a),  195.428(a),  195.49. The case was opened on 2013-09-12 and is reported as closed as of 2015-01-02. Proposed civil penalty: $69,100. Assessed civil penalty: $69,100. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120135019_Closure Ltr_01022015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135019/120135019_Closure%20Ltr_01022015.pdf\n\n120135019_Closure Ltr_01022015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135019/120135019_Closure%20Ltr_01022015_text.pdf\n\n120135019_Final Order_09082014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135019/120135019_Final%20Order_09082014.pdf\n\n120135019_Final Order_09082014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135019/120135019_Final%20Order_09082014_text.pdf\n\n120135019_NOPV_PCP_PCO_09122013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135019/120135019_NOPV_PCP_PCO_09122013.pdf\n\n120135019_NOPV_PCP_PCO_09122013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135019/120135019_NOPV_PCP_PCO_09122013_text.pdf\n\n120135019_Operator Response_10102013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135019/120135019_Operator%20Response_10102013.pdf\n\n120135019_Closure Ltr_01022015_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 DELIVERY\nJanuary 2, 2015\nMr. Thomas S. Collier\nVP, Performance Assurance & Asset Integrity\nBuckeye Partners, L.P.\nFive TEK Park\n9999 Hamilton Blvd\nBreinigsville, PA 18031\nCPF 1-2013-5019\nDear Mr. Collier:\nOn September 8, 2014, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Buckeye Partners, L.P. a Final Order in the above-referenced case. This Order\nincluded a Compliance Order and Civil Penalty assessment. Based on our review of the\ndocumentation you provided and confirmation of payment of the civil penalty, it has been\ndetermined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n120135019_Final Order_09082014_text.pdf\n\nSEPTEMBER 8, 2014\nMr. Clark C. Smith\nPresident and Chief Executive Officer\nBuckeye Partners, LP\nOne Greenway Plaza\nSuite 600\nHouston, Texas 77046\nRe: CPF No. 1-2013-5019\nDear Mr. Smith:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation, specifies actions that need to be taken by Buckeye to comply with the pipeline safety\nregulations, and assesses a civil penalty of $69,100. This is to acknowledge receipt of payment\nof the full penalty amount on October 9, 2013. When the terms of the compliance order have\nbeen completed, as determined by the Director, Eastern Region, this enforcement action will be\nclosed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,\nor as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Byron Coy, Director, Eastern Region, OPS\nMr. Thomas S. Collier, Vice President, Performance Assurance and Asset Integrity,\nBuckeye Partners, LP\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\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. 1-2013-5019\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nDuring the week of September 24-28, 2012, pursuant to 49 U.S.C. § 60117, a representative of\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the facilities and records of Buckeye\nPartners, LP (Buckeye or Respondent), between New Haven, Connecticut, and Springfield,\nMassachusetts. Buckeye owns and operates one of the Nation’s largest independent petroleum\nproducts common carrier pipeline networks, transporting refined products by pipeline principally\nin the Northeastern and upper Midwestern states.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated September 12, 2013, a Notice of Probable Violation, Proposed Civil Penalty, and\nProposed Compliance Order (Notice), which also included a warning pursuant to 49 C.F.R.\n§ 190.205. In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Buckeye\nhad violated 49 C.F.R. §§ 195.428 and 195.412 and proposed ordering Respondent to take\ncertain measures to correct the alleged violations. The warning item required no further action,\nbut warned the operator to correct the probable violation or face possible enforcement action.\nBuckeye responded to the Notice by letter dated October 10, 2013 (Response). The company did\nnot contest the allegations of violation and paid the proposed civil penalty of $69,100, as\nprovided in 49 C.F.R. § 190.227, and submitted information concerning the corrective actions it\nhad taken. Respondent did not request a hearing and therefore has waived its right to one.\nPayment of the penalty serves to close the case, with prejudice, as to those items for which a\npenalty was proposed.\n1 http://www.buckeye.com/AboutUs/tabid/54/Default.aspx (last accessed July 3, 2014).\n\n\n\n2\nFINDINGS OF VIOLATION\nIn its Response, Buckeye did not contest the allegations in the Notice that it violated 49 C.F.R.\nPart 195, as follows:\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.428(a), which states:\n§ 195.428 Overpressure safety devices and overfill protection systems.\n(a) Except as provided in paragraph (b) of this section, each operator\nshall, at intervals not exceeding 15 months, but at least once each calendar\nyear, or in the case of pipelines used to carry highly volatile liquids, at\nintervals not to exceed 7½ months, but at least twice each calendar year,\ninspect and test each pressure limiting device, relief valve, pressure\nregulator, or other item of pressure control equipment to determine that it\nis functioning properly, is in good mechanical condition, and is adequate\nfrom the standpoint of capacity and reliability of operation for the service\nin which it is used.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.428(a) by failing to inspect and test\neach pressure limiting device, relief valve, pressure regulator, or other item of pressure control\nequipment during the 2011 calendar year. Specifically, the Notice alleged that Buckeye did not\ninspect and test five control valves on its Jet Lines during 2011. The records provided by\nBuckeye indicate that the valves were inspected in 2010 but not again until 2012.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.428(a) by failing to inspect and\ntest each pressure limiting device, relief valve, pressure regulator, or other item of pressure\ncontrol equipment at the required interval.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.412(a), which states:\n§ 195.412 Inspection of rights-of-way and crossings under navigable\nwaters.\n(a) Each operator shall, at intervals not exceeding 3 weeks but at least\n26 times each calendar year, inspect the surface conditions on or adjacent to\neach pipeline right-of-way. Methods of inspection include walking, driving,\nflying or other appropriate means of traversing the right-of-way.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.412(a) by failing to inspect the\nsurface conditions on or adjacent to each pipeline right-of-way (ROW) at the required intervals.\nSpecifically, the Notice alleged that Buckeye had been using aerial patrol exclusively for its\nROW inspections, but that at the time of the OPS inspection, two areas of the ROW in the\nvicinity of the Center Street crossing in Wallingford, Connecticut, and the Nova valve site in\nChicopee, Massachusetts, were obscured by the foliage canopy in such a manner that an aerial\nobserver would be unable to effectively inspect the ROW.\n\n\n\n3\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.412(a) by failing to inspect the\nsurface conditions on or adjacent to each pipeline right-of-way at the required interval.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 3 in the Notice for violation of\n49 C.F.R. § 195.412(a). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas, hazardous liquids, 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 § 195.412(a) (Item 3), Respondent must\nimplement one or more appropriate methods that will allow an adequate\ninspection of the pipeline ROW in the vicinity of the Center Street crossing in\nWallingford, Connecticut, and the Nova valve site in Chicopee, Massachusetts.\nRespondent must submit documentation demonstrating completion of this item to\nthe Director within 120 days of receipt of the Final Order.\n2. PHMSA requests that Buckeye maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit\nthe total to the Director, Eastern Region, Pipeline and Hazardous Materials Safety\nAdministration.\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.\nWARNING ITEM\nWith respect to Item 1, the Notice alleged a probable violation of Part 195 but did not propose a\ncivil penalty or compliance order for this item. Therefore, this is considered to be warning\nitems. The warning is for:\n\n\n\n4\n49 C.F.R. § 195.49 (Item 1) – Respondent’s alleged failure to submit an accurate\nannual report.\nBuckeye presented information in its Response showing that it had taken certain actions to\naddress the cited items. If OPS finds a violation of this provision in a subsequent inspection,\nRespondent may be subject to future enforcement action.\nThe terms and conditions of this Final Order are effective upon receipt of service.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":11586}