{"operation":"document","citation":"CPF 120135028","title":"BUCKEYE PARTNERS, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-11-25","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135028.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135028.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135028","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120135028","body":"Notice of Probable Violation involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2013-11-25 and is reported as closed as of 2014-06-02. Proposed civil penalty: $83,500. Assessed civil penalty: $83,500. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120135028_Final Order_06022014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135028/120135028_Final%20Order_06022014.pdf\n\n120135028_Final Order_06022014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135028/120135028_Final%20Order_06022014_text.pdf\n\n120135028_NOPV_PCP_11252013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135028/120135028_NOPV_PCP_11252013.pdf\n\n120135028_NOPV_PCP_11252013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135028/120135028_NOPV_PCP_11252013_text.pdf\n\n120135028_Operator Response_12202013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135028/120135028_Operator%20Response_12202013.pdf\n\n120135028_Final Order_06022014_text.pdf\n\nJUNE 2, 2014\nMr. Clark C. Smith\nPresident and Chief Executive Officer\nBuckeye Partners, LP\nFive TEK Park\n9999 Hamilton Boulevard\nBreinigsville, PA 18031\nRe: CPF No. 1-2013-5028\nDear Mr. Smith:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and assesses a civil penalty of $83,500. This is to acknowledge receipt of payment of\nthe full penalty amount, by wire transfer dated December 20, 2013. This enforcement action is\nnow closed. Service of the Final Order by certified mail is deemed effective upon the date of\nmailing, or 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, P.E., Director Eastern Region, OPS\nMr. Thomas Scott Collier, Vice President, Performance Assurance & 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. 1-2013-5028\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn August 16, 2013, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), initiated\nan investigation of an accident that occurred on August 13, 2013, at Buckeye Partners, LP’s\n(Buckeye or Respondent) facilities in Linden, New Jersey. An estimated 1.85 barrels of\ntransmix refined petroleum product was released from “Breakout Tank 91” as it was being\nplaced back into service, following routine inspection and maintenance.\nAs a result of the investigation, the Director, Eastern Region, OPS (Director), issued to\nRespondent, by letter dated November 25, 2013, a Notice of Probable Violation and Proposed\nCivil Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding\nthat Buckeye had violated 49 C.F.R. § 195.402(a) and assessing a civil penalty of $83,500 for the\nalleged violation.\nBuckeye responded to the Notice by letter dated December 20, 2013 (Response). The company\ndid not contest the allegations of violation and paid the proposed civil penalty of $83,500, as\nprovided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice\nto Respondent and authorizes the Associate Administrator to make a finding of violation and\nissue this Final Order under 49 C.F.R. § 190.213.\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:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402(a), which states:\n\n\n\n2\n§ 195.402 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations\nand maintenance activities and handling abnormal operations and\nemergencies. This manual shall be reviewed at intervals not exceeding\n15 months, but at least once each calendar year, and appropriate changes\nmade necessary to insure that the manual is effective. This manual shall\nbe prepared be prepared before initial operations of a pipeline system\ncommence, and appropriate parts shall be kept at locations where\noperations and maintenance activities are conducted.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.402(a) by failing to follow its own\nmanual of written procedures for conducting normal operations and maintenance activities.\nSpecifically, the Notice alleged that Buckeye failed to follow paragraph 5.12.10 of its procedure,\nE-12: Tank Isolation, Cleaning, and Repair, as personnel returned Breakout Tank 91 to full\nservice. Paragraph 5.12.10 requires that “all valves (including thermal relief systems) and other\nenergy-isolating devices (including blinds) are returned to their normal position as indicated on\nthe Facility Integrity List.”\nThe Notice alleged that when Buckeye returned Breakout Tank 91 to service, a ½” diameter ball\nvalve was not closed and a plug not installed. The normal position for this valve is closed and\nthe normal position for the plug is to be installed. This failure to follow the company’s own\nprocedure directly led to product being released from the valve as the tank was being filled.\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. § 195.402(a) by failing to comply with\nparagraph 5.12.10 of its procedure, E-12: Tank Isolation, Cleaning, and Repair.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\nbrought against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any\nrelated series of violations. In determining the amount of a civil penalty under\n49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,\ncircumstances, and gravity of the violation, including adverse impact on the environment; the\ndegree of Respondent’s culpability; the history of Respondent’s prior offenses; and any effect\nthat the penalty may have on its ability to continue doing business; and the good faith of\nRespondent in attempting to comply with the pipeline safety regulations. In addition, I may\nconsider the economic benefit gained from the violation without any reduction because of\nsubsequent damages, and such other matters as justice may require. The Notice proposed a total\ncivil penalty of $83,500 for the violations cited above.\n\n\n\n3\nItem 1: The Notice proposed a civil penalty of $83,500 for Respondent’s violation of\n49 C.F.R. § 195.402(a), for failing to comply with paragraph 5.12.10 of its procedure, E-12:\nTank Isolation, Cleaning, and Repair. Buckeye did not contest the alleged violation and paid the\nproposed penalty on December 20, 2013.\nHaving reviewed the record and considered the assessment criteria for Item 1 cited above, I\nassess Respondent a total civil penalty of $83,500, which amount has been paid in full.\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":7770}