# BUCKEYE PARTNERS, LP — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 195.402(a), 195.573(a)(1), 195.575(c).
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- **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.

Official case documents:

120135026_Closure Letter_07142016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135026/120135026_Closure%20Letter_07142016.pdf

120135026_Closure Letter_07142016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135026/120135026_Closure%20Letter_07142016_text.pdf

120135026_Final Order_10242014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135026/120135026_Final%20Order_10242014.pdf

120135026_Final Order_10242014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135026/120135026_Final%20Order_10242014_text.pdf

120135026_NOPV_PCO_11192013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135026/120135026_NOPV_PCO_11192013.pdf

120135026_NOPV_PCO_11192013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135026/120135026_NOPV_PCO_11192013_text.pdf

120135026_Operator Response_12172013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135026/120135026_Operator%20Response_12172013.pdf

120135026_Closure Letter_07142016_text.pdf

OVERNIGHT EXPRESS DELIVERY
July 14, 2016
T. Scott Collier
VP, Performance Assurance & Asset Integrity
Buckeye Partners, L.P.
Five TEK Park
9999 Hamilton Boulevard
Breinigsville, PA 18031
CPF 1-2013-5026
Dear Mr. Collier:
On October 24, 2014, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to Buckeye Partners, L.P. (Buckeye) a Final Order in the above-referenced case. This Order
included a Compliance Order. Based on our review of the documentation that Buckeye provided,
it has been determined that Buckeye has 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

120135026_Final Order_10242014_text.pdf

OCTOBER 24, 2014
Mr. Clark C. Smith
President & Chief Executive Officer
Buckeye Partners, LP
One Greenway Plaza
Suite 600
Houston, TX 77046
Re: CPF No. 1-2013-5026
Dear Mr. Smith:
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation, issues warnings, and specifies actions that need to be taken by Buckeye Partners, LP,
to comply with the pipeline safety regulations. 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, PE, Director, Eastern Region, OPS
Mr. Thomas S. Collier, Vice President, Performance Assurance & Asset Integrity,
Buckeye Partners, LP, Five TEK Park, 9999 Hamilton Boulevard, Breinigsville, PA
18031
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. 1-2013-5026
)
Respondent. )
____________________________________)
FINAL ORDER
From July 30, 2012 through August 3, 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) in the Portland, Maine area. Buckeye operates
approximately 6,164 miles of pipelines in the Eastern and Midwestern U.S.1
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated November 19, 2013, a Notice of Probable Violation and Proposed Compliance
Order (Notice), which also included warning items 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. § 195.575(c) and proposed ordering Respondent to take certain measures to correct the
alleged violation. The warning items 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 December 17, 2013 (Response). The company
did not contest the allegations of violation but provided information concerning the corrective
actions it had taken. Respondent did not request a hearing and therefore has waived its right to
one.
FINDING OF VIOLATION
In its Response, Buckeye did not contest the allegation in the Notice that it violated 49 C.F.R.
Part 195, as follows:
1 See Pipeline Safety Violation Report, (Nov. 19, 2013) (on file with PHMSA), at 1.



2
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.575(c), which states:
§ 195.575 Which facilities must I electrically isolate and what
inspections, tests, and safeguards are required?
(a)…
(c) You must inspect and electrically test each electrical isolation to
assure the isolation is adequate.
The Notice alleged that Respondent violated 49 C.F.R. § 195.575(c) by failing to demonstrate
through inspection and electrical tests that electrical isolation is adequate. Specifically, the
Notice alleged that at the time of the inspection, Buckeye’s records indicated that there were 97
cased crossings in the South Portland area without test leads installed. In its Response, Buckeye
stated that it believed it was responding in a reasonable manner to correct the lack of monitoring
facilities on this system but 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. § 195.575(c) by failing
to demonstrate through inspection and electrical tests that electrical isolation is adequate.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 1 in the Notice for violation of
49 C.F.R. § 195.575(c). Under 49 U.S.C. § 60118(a), each person who engages in the
transportation of 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 § 195.575(c) (Item 1), Respondent must install test
leads at all of the predetermined cased crossing locations listed on its spreadsheet
entitled So. Portland List of Pipeline Road Casings 8/10/2012.
2. Respondent must submit records or documentation that demonstrates completion
of the above item within 60 days of receipt of this Order to Byron Coy, Director,
Eastern Region, U.S. Department of Transportation, 820 Bear Tavern Road, Suite
103, West Trenton, NJ 08628.
3. It is requested (not mandated) that Respondent maintain documentation of the
safety improvement costs associated with fulfilling this compliance order and submit
the total to the Director. 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, or other changes
to physical pipeline facilities.



3
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 ITEMS
With respect to Items 2 and 3, the Notice alleged probable violations of Part 195 but did not
propose a civil penalty or compliance order for these items. Therefore, these are considered to
be warning items. The warnings were for:
49 C.F.R. § 195.573(a)(1) (Item 2) ─ Respondent’s alleged failure to conduct
cathodic protection testing on protected pipelines at intervals not exceeding 15
months; and
49 C.F.R. § 195.402(a) (Item 3) ─ Respondent’s alleged failure to record the
serial numbers of the reference electrodes in accordance with its written
procedures during an annual cathodic protection survey.
Buckeye presented information in its Response showing that it had taken certain actions to
address the cited items. If OPS finds a violation of these items in a subsequent inspection,
Respondent may be subject to future enforcement action.
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
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