# BUCKEYE PARTNERS, LP — Notice of Probable Violation

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

Official case documents:

120135019_Closure Ltr_01022015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135019/120135019_Closure%20Ltr_01022015.pdf

120135019_Closure Ltr_01022015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135019/120135019_Closure%20Ltr_01022015_text.pdf

120135019_Final Order_09082014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135019/120135019_Final%20Order_09082014.pdf

120135019_Final Order_09082014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135019/120135019_Final%20Order_09082014_text.pdf

120135019_NOPV_PCP_PCO_09122013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135019/120135019_NOPV_PCP_PCO_09122013.pdf

120135019_NOPV_PCP_PCO_09122013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135019/120135019_NOPV_PCP_PCO_09122013_text.pdf

120135019_Operator Response_10102013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135019/120135019_Operator%20Response_10102013.pdf

120135019_Closure Ltr_01022015_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 DELIVERY
January 2, 2015
Mr. Thomas S. Collier
VP, Performance Assurance & Asset Integrity
Buckeye Partners, L.P.
Five TEK Park
9999 Hamilton Blvd
Breinigsville, PA 18031
CPF 1-2013-5019
Dear Mr. Collier:
On September 8, 2014, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to Buckeye Partners, L.P. a Final Order in the above-referenced case. This Order
included a Compliance Order and Civil Penalty assessment. Based on our review of the
documentation you provided and confirmation of payment of the civil penalty, it has been
determined that you have complied with the terms of this Order.
Accordingly, this case is now closed and no further action is contemplated with respect to the
matters involved in this case. Thank you for your cooperation in this matter.
Sincerely,
Byron Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration

120135019_Final Order_09082014_text.pdf

SEPTEMBER 8, 2014
Mr. Clark C. Smith
President and Chief Executive Officer
Buckeye Partners, LP
One Greenway Plaza
Suite 600
Houston, Texas 77046
Re: CPF No. 1-2013-5019
Dear Mr. Smith:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation, specifies actions that need to be taken by Buckeye to comply with the pipeline safety
regulations, and assesses a civil penalty of $69,100. This is to acknowledge receipt of payment
of the full penalty amount on October 9, 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, Director, Eastern Region, OPS
Mr. Thomas S. Collier, Vice President, Performance Assurance and Asset Integrity,
Buckeye Partners, LP
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
Buckeye Partners, LP, ) CPF No. 1-2013-5019
)
Respondent. )
____________________________________)
FINAL ORDER
During the week of September 24-28, 2012, pursuant to 49 U.S.C. § 60117, a representative of
the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety
(OPS), conducted an on-site pipeline safety inspection of the facilities and records of Buckeye
Partners, LP (Buckeye or Respondent), between New Haven, Connecticut, and Springfield,
Massachusetts. Buckeye owns and operates one of the Nation’s largest independent petroleum
products common carrier pipeline networks, transporting refined products by pipeline principally
in the Northeastern and upper Midwestern states.1
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated September 12, 2013, a Notice of Probable Violation, Proposed Civil Penalty, and
Proposed Compliance Order (Notice), which also included a warning pursuant to 49 C.F.R.
§ 190.205. In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Buckeye
had violated 49 C.F.R. §§ 195.428 and 195.412 and proposed ordering Respondent to take
certain measures to correct the alleged violations. The warning item required no further action,
but warned the operator to correct the probable violation or face possible enforcement action.
Buckeye responded to the Notice by letter dated October 10, 2013 (Response). The company did
not contest the allegations of violation and paid the proposed civil penalty of $69,100, as
provided in 49 C.F.R. § 190.227, and submitted information concerning the corrective actions it
had taken. Respondent did not request a hearing and therefore has waived its right to one.
Payment of the penalty serves to close the case, with prejudice, as to those items for which a
penalty was proposed.
1 http://www.buckeye.com/AboutUs/tabid/54/Default.aspx (last accessed July 3, 2014).



2
FINDINGS OF VIOLATION
In its Response, Buckeye did not contest the allegations in the Notice that it violated 49 C.F.R.
Part 195, as follows:
Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.428(a), which states:
§ 195.428 Overpressure safety devices and overfill protection systems.
(a) Except as provided in paragraph (b) of this section, each operator
shall, at intervals not exceeding 15 months, but at least once each calendar
year, or in the case of pipelines used to carry highly volatile liquids, at
intervals not to exceed 7½ months, but at least twice each calendar year,
inspect and test each pressure limiting device, relief valve, pressure
regulator, or other item of pressure control equipment to determine that it
is functioning properly, is in good mechanical condition, and is adequate
from the standpoint of capacity and reliability of operation for the service
in which it is used.
The Notice alleged that Respondent violated 49 C.F.R. § 195.428(a) by failing to inspect and test
each pressure limiting device, relief valve, pressure regulator, or other item of pressure control
equipment during the 2011 calendar year. Specifically, the Notice alleged that Buckeye did not
inspect and test five control valves on its Jet Lines during 2011. The records provided by
Buckeye indicate that the valves were inspected in 2010 but not again until 2012.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 195.428(a) by failing to inspect and
test each pressure limiting device, relief valve, pressure regulator, or other item of pressure
control equipment at the required interval.
Item 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.412(a), which states:
§ 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.
The Notice alleged that Respondent violated 49 C.F.R. § 195.412(a) by failing to inspect the
surface conditions on or adjacent to each pipeline right-of-way (ROW) at the required intervals.
Specifically, the Notice alleged that Buckeye had been using aerial patrol exclusively for its
ROW inspections, but that at the time of the OPS inspection, two areas of the ROW in the
vicinity of the Center Street crossing in Wallingford, Connecticut, and the Nova valve site in
Chicopee, Massachusetts, were obscured by the foliage canopy in such a manner that an aerial
observer would be unable to effectively inspect the ROW.



3
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 195.412(a) by failing to inspect the
surface conditions on or adjacent to each pipeline right-of-way at the required interval.
These findings of violation will be considered prior offenses in any subsequent enforcement
action taken against Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 3 in the Notice for violation of
49 C.F.R. § 195.412(a). Under 49 U.S.C. § 60118(a), each person who engages in the
transportation of gas, hazardous liquids, or who owns or operates a pipeline facility is required to
comply with the applicable safety standards established under chapter 601. Pursuant to the
authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the
following actions to ensure compliance with the pipeline safety regulations applicable to its
operations:
1. With respect to the violation of § 195.412(a) (Item 3), Respondent must
implement one or more appropriate methods that will allow an adequate
inspection of the pipeline ROW in the vicinity of the Center Street crossing in
Wallingford, Connecticut, and the Nova valve site in Chicopee, Massachusetts.
Respondent must submit documentation demonstrating completion of this item to
the Director within 120 days of receipt of the Final Order.
2. PHMSA requests that Buckeye maintain documentation of the safety
improvement costs associated with fulfilling this Compliance Order and submit
the total to the Director, Eastern Region, Pipeline and Hazardous Materials Safety
Administration.
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.
WARNING ITEM
With respect to Item 1, the Notice alleged a probable violation of Part 195 but did not propose a
civil penalty or compliance order for this item. Therefore, this is considered to be warning
items. The warning is for:



4
49 C.F.R. § 195.49 (Item 1) – Respondent’s alleged failure to submit an accurate
annual report.
Buckeye presented information in its Response showing that it had taken certain actions to
address the cited items. If OPS finds a violation of this provision in a subsequent inspection,
Respondent may be subject to future enforcement action.
The terms and conditions of this Final Order are effective upon receipt of service.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety
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