{"operation":"document","citation":"CPF 120135026","title":"BUCKEYE PARTNERS, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-11-19","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a), 195.573(a)(1), 195.575(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135026.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135026.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135026","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120135026","body":"Notice of Probable Violation involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.573(a)(1),  195.575(c). The case was opened on 2013-11-19 and is reported as closed as of 2016-07-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120135026_Closure Letter_07142016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135026/120135026_Closure%20Letter_07142016.pdf\n\n120135026_Closure Letter_07142016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135026/120135026_Closure%20Letter_07142016_text.pdf\n\n120135026_Final Order_10242014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135026/120135026_Final%20Order_10242014.pdf\n\n120135026_Final Order_10242014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135026/120135026_Final%20Order_10242014_text.pdf\n\n120135026_NOPV_PCO_11192013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135026/120135026_NOPV_PCO_11192013.pdf\n\n120135026_NOPV_PCO_11192013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135026/120135026_NOPV_PCO_11192013_text.pdf\n\n120135026_Operator Response_12172013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135026/120135026_Operator%20Response_12172013.pdf\n\n120135026_Closure Letter_07142016_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nJuly 14, 2016\nT. Scott Collier\nVP, Performance Assurance & Asset Integrity\nBuckeye Partners, L.P.\nFive TEK Park\n9999 Hamilton Boulevard\nBreinigsville, PA 18031\nCPF 1-2013-5026\nDear Mr. Collier:\nOn October 24, 2014, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Buckeye Partners, L.P. (Buckeye) a Final Order in the above-referenced case. This Order\nincluded a Compliance Order. Based on our review of the documentation that Buckeye provided,\nit has been determined that Buckeye has 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\n120135026_Final Order_10242014_text.pdf\n\nOCTOBER 24, 2014\nMr. Clark C. Smith\nPresident & Chief Executive Officer\nBuckeye Partners, LP\nOne Greenway Plaza\nSuite 600\nHouston, TX 77046\nRe: CPF No. 1-2013-5026\nDear Mr. Smith:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation, issues warnings, and specifies actions that need to be taken by Buckeye Partners, LP,\nto comply with the pipeline safety regulations. 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, PE, Director, Eastern Region, OPS\nMr. Thomas S. Collier, Vice President, Performance Assurance & Asset Integrity,\nBuckeye Partners, LP, Five TEK Park, 9999 Hamilton Boulevard, Breinigsville, PA\n18031\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. 1-2013-5026\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom July 30, 2012 through August 3, 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) in the Portland, Maine area. Buckeye operates\napproximately 6,164 miles of pipelines in the Eastern and Midwestern U.S.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated November 19, 2013, a Notice of Probable Violation and Proposed Compliance\nOrder (Notice), which also included warning items pursuant to 49 C.F.R. § 190.205. In\naccordance with 49 C.F.R. § 190.207, the Notice proposed finding that Buckeye had violated\n49 C.F.R. § 195.575(c) and proposed ordering Respondent to take certain measures to correct the\nalleged violation. The warning items required no further action, but warned the operator to\ncorrect the probable violation or face possible enforcement action.\nBuckeye responded to the Notice by letter dated December 17, 2013 (Response). The company\ndid not contest the allegations of violation but provided information concerning the corrective\nactions it had taken. Respondent did not request a hearing and therefore has waived its right to\none.\nFINDING OF VIOLATION\nIn its Response, Buckeye did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 195, as follows:\n1 See Pipeline Safety Violation Report, (Nov. 19, 2013) (on file with PHMSA), at 1.\n\n\n\n2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.575(c), which states:\n§ 195.575 Which facilities must I electrically isolate and what\ninspections, tests, and safeguards are required?\n(a)…\n(c) You must inspect and electrically test each electrical isolation to\nassure the isolation is adequate.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.575(c) by failing to demonstrate\nthrough inspection and electrical tests that electrical isolation is adequate. Specifically, the\nNotice alleged that at the time of the inspection, Buckeye’s records indicated that there were 97\ncased crossings in the South Portland area without test leads installed. In its Response, Buckeye\nstated that it believed it was responding in a reasonable manner to correct the lack of monitoring\nfacilities on this system but did not contest this allegation of violation. Accordingly, based upon\na review of all of the evidence, I find that Respondent violated 49 C.F.R. § 195.575(c) by failing\nto demonstrate through inspection and electrical tests that electrical isolation is adequate.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violation of\n49 C.F.R. § 195.575(c). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of 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 § 195.575(c) (Item 1), Respondent must install test\nleads at all of the predetermined cased crossing locations listed on its spreadsheet\nentitled So. Portland List of Pipeline Road Casings 8/10/2012.\n2. Respondent must submit records or documentation that demonstrates completion\nof the above item within 60 days of receipt of this Order to Byron Coy, Director,\nEastern Region, U.S. Department of Transportation, 820 Bear Tavern Road, Suite\n103, West Trenton, NJ 08628.\n3. It is requested (not mandated) that Respondent maintain documentation of the\nsafety improvement costs associated with fulfilling this compliance order and submit\nthe total to the Director. It is requested that these costs be reported in two categories:\n(1) total cost associated with preparation/revision of plans, procedures, studies, and\nanalyses; and (2) total costs associated with replacements, additions, or other changes\nto physical pipeline facilities.\n\n\n\n3\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 ITEMS\nWith respect to Items 2 and 3, the Notice alleged probable violations of Part 195 but did not\npropose a civil penalty or compliance order for these items. Therefore, these are considered to\nbe warning items. The warnings were for:\n49 C.F.R. § 195.573(a)(1) (Item 2) ─ Respondent’s alleged failure to conduct\ncathodic protection testing on protected pipelines at intervals not exceeding 15\nmonths; and\n49 C.F.R. § 195.402(a) (Item 3) ─ Respondent’s alleged failure to record the\nserial numbers of the reference electrodes in accordance with its written\nprocedures during an annual cathodic protection survey.\nBuckeye presented information in its Response showing that it had taken certain actions to\naddress the cited items. If OPS finds a violation of these items in a subsequent inspection,\nRespondent may be subject to future enforcement action.\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","truncated":false,"body_characters":9616}