# BUCKEYE PARTNERS, LP — Notice of Probable Violation

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

Official case documents:

120135028_Final Order_06022014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135028/120135028_Final%20Order_06022014.pdf

120135028_Final Order_06022014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135028/120135028_Final%20Order_06022014_text.pdf

120135028_NOPV_PCP_11252013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135028/120135028_NOPV_PCP_11252013.pdf

120135028_NOPV_PCP_11252013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135028/120135028_NOPV_PCP_11252013_text.pdf

120135028_Operator Response_12202013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135028/120135028_Operator%20Response_12202013.pdf

120135028_Final Order_06022014_text.pdf

JUNE 2, 2014
Mr. Clark C. Smith
President and Chief Executive Officer
Buckeye Partners, LP
Five TEK Park
9999 Hamilton Boulevard
Breinigsville, PA 18031
Re: CPF No. 1-2013-5028
Dear Mr. Smith:
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation and assesses a civil penalty of $83,500. This is to acknowledge receipt of payment of
the full penalty amount, by wire transfer dated December 20, 2013. This enforcement action is
now 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, P.E., Director Eastern Region, OPS
Mr. Thomas Scott Collier, Vice President, Performance Assurance & 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. 1-2013-5028
)
Respondent. )
____________________________________)
FINAL ORDER
On August 16, 2013, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), initiated
an investigation of an accident that occurred on August 13, 2013, at Buckeye Partners, LP’s
(Buckeye or Respondent) facilities in Linden, New Jersey. An estimated 1.85 barrels of
transmix refined petroleum product was released from “Breakout Tank 91” as it was being
placed back into service, following routine inspection and maintenance.
As a result of the investigation, the Director, Eastern Region, OPS (Director), issued to
Respondent, by letter dated November 25, 2013, a Notice of Probable Violation and Proposed
Civil Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding
that Buckeye had violated 49 C.F.R. § 195.402(a) and assessing a civil penalty of $83,500 for the
alleged violation.
Buckeye responded to the Notice by letter dated December 20, 2013 (Response). The company
did not contest the allegations of violation and paid the proposed civil penalty of $83,500, as
provided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice
to Respondent and authorizes the Associate Administrator to make a finding of violation and
issue this Final Order under 49 C.F.R. § 190.213.
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:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402(a), which states:



2
§ 195.402 Procedural manual for operations, maintenance, and
emergencies.
(a) General. Each operator shall prepare and follow for each pipeline
system a manual of written procedures for conducting normal operations
and maintenance activities and handling abnormal operations and
emergencies. This manual shall be reviewed at intervals not exceeding
15 months, but at least once each calendar year, and appropriate changes
made necessary to insure that the manual is effective. This manual shall
be prepared be prepared before initial operations of a pipeline system
commence, and appropriate parts shall be kept at locations where
operations and maintenance activities are conducted.
The Notice alleged that Respondent violated 49 C.F.R. § 195.402(a) by failing to follow its own
manual of written procedures for conducting normal operations and maintenance activities.
Specifically, the Notice alleged that Buckeye failed to follow paragraph 5.12.10 of its procedure,
E-12: Tank Isolation, Cleaning, and Repair, as personnel returned Breakout Tank 91 to full
service. Paragraph 5.12.10 requires that “all valves (including thermal relief systems) and other
energy-isolating devices (including blinds) are returned to their normal position as indicated on
the Facility Integrity List.”
The Notice alleged that when Buckeye returned Breakout Tank 91 to service, a ½” diameter ball
valve was not closed and a plug not installed. The normal position for this valve is closed and
the normal position for the plug is to be installed. This failure to follow the company’s own
procedure directly led to product being released from the valve as the tank was being filled.
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. § 195.402(a) by failing to comply with
paragraph 5.12.10 of its procedure, E-12: Tank Isolation, Cleaning, and Repair.
This finding of violation will be considered a prior offense in any subsequent enforcement action
brought against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed
$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any
related series of violations. In determining the amount of a civil penalty under
49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,
circumstances, and gravity of the violation, including adverse impact on the environment; the
degree of Respondent’s culpability; the history of Respondent’s prior offenses; and any effect
that the penalty may have on its ability to continue doing business; and the good faith of
Respondent in attempting to comply with the pipeline safety regulations. In addition, I may
consider the economic benefit gained from the violation without any reduction because of
subsequent damages, and such other matters as justice may require. The Notice proposed a total
civil penalty of $83,500 for the violations cited above.



3
Item 1: The Notice proposed a civil penalty of $83,500 for Respondent’s violation of
49 C.F.R. § 195.402(a), for failing to comply with paragraph 5.12.10 of its procedure, E-12:
Tank Isolation, Cleaning, and Repair. Buckeye did not contest the alleged violation and paid the
proposed penalty on December 20, 2013.
Having reviewed the record and considered the assessment criteria for Item 1 cited above, I
assess Respondent a total civil penalty of $83,500, which amount has been paid in full.
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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