{"operation":"document","citation":"CPF 120145002","title":"BUCKEYE PARTNERS, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-04-02","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.446(a), 195.446(c)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120145002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120145002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120145002","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120145002","body":"Notice of Probable Violation involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulations as 195.446(a),  195.446(c)(2). The case was opened on 2014-04-02 and is reported as closed as of 2015-08-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120145002_Closure Letter_08042015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120145002/120145002_Closure%20Letter_08042015.pdf\n\n120145002_Closure Letter_08042015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120145002/120145002_Closure%20Letter_08042015_text.pdf\n\n120145002_Final Order_11262014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120145002/120145002_Final%20Order_11262014.pdf\n\n120145002_Final Order_11262014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120145002/120145002_Final%20Order_11262014_text.pdf\n\n120145002_NOPV_PCO_04022014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120145002/120145002_NOPV_PCO_04022014.pdf\n\n120145002_NOPV_PCO_04022014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120145002/120145002_NOPV_PCO_04022014_text.pdf\n\n120145002_Operator Response_04292014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120145002/120145002_Operator%20Response_04292014.pdf\n\n120145002_Closure Letter_08042015_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nOVERNIGHT EXPRESS DELIVERY\nAugust 4, 2015\nT. Scott Collier\nVice President, Performance Assurance Asset Integrity\nBuckeye Partners, L.P.\nFive Tek Park\n9999 Hamilton Boulevard\nBreinigsville, PA 18031\nCPF 1-2014-5002\nDear Mr. Collier:\nOn November 26, 2014, Pipeline and Hazardous Materials Safety Administration, Office of\nPipeline Safety, issued Buckeye Partners, LP (Buckeye) a Final Order in the above-referenced\ncase. This Order included a Compliance Order. This Compliance Order required Buckeye to\ntake certain actions to ensure compliance with the pipeline safety regulations applicable to its\noperations.\nSubsequently, we received your letter dated February 5, 2015, wherein you responded to this\nCompliance Order and submitted related documentation. Based on our review of your February\n5, 2015 submission, it has been determined that you have 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.\nThank you for your cooperation in this matter.\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n120145002_Final Order_11262014_text.pdf\n\nNOVEMBER 26, 2014\nMr. Clark C. Smith\nChairman, CEO, and President\nBuckeye Partners, LP\nOne Greenway Plaza\nSuite 600\nHouston, TX 77046\nRe: CPF No. 1-2014-5002\nDear Mr. Smith:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and specifies actions that need to be taken by Buckeye Partners, LP, to comply with the\npipeline safety regulations. When the terms of the compliance order have been completed, as\ndetermined by the Director, Eastern Region, Office of Pipeline Safety, this enforcement action\nwill be 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. T. 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. 1-2014-5002\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn March 12-16, 2012, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of Buckeye Partners,\nLP (Buckeye or Respondent), in Breinigsville, Pennsylvania. The inspection focused on the\ncontrol room management procedures Buckeye applied to its facilities in Breinigsville. Buckeye\nowns and operates approximately 6,000 miles of hazardous liquid pipelines in the Northeast and\nUpper Midwest regions.1\nAs a result of the inspection, on April 2, 2014, the Director, Eastern Region, OPS (Director),\nissued a Notice of Probable Violation and Proposed Compliance Order (Notice) to Respondent.\nIn accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Buckeye had violated\n49 C.F.R. § 195.446 and proposed ordering Buckeye to take certain measures to correct the\nalleged violation.\nBuckeye responded to the Notice by letter dated April 29, 2014 (Response). Respondent did not\ncontest the allegation of violation but provided certain 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 Buckeye Partners, L.P. – About US, Buckeye Partners, L.P.,\nhttp://www.buckeye.com/AboutUs/tabid/54/Default.aspx (last visited September 16, 2014).\n\n\n\nC P F N o : 1 - 2 0 1 4 - 5 0 0 2\nP a g e | 2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.446(c)(2), which states:\n§ 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline\nfacility with a controller working in a control room who monitors and\ncontrols all or part of a pipeline through a SCADA system. Each operator\nmust have and follow written control room management procedures that\nimplement the requirements of this section. The procedures required by\nthis section must be integrated, as appropriate, with the operator’s written\nprocedures required by § 195.402. An operator must develop the\nprocedures no later than August 1, 2011, and must implement the\nprocedures according to the following schedule . . . .\n(c) Provide adequate information. Each operator must provide its\ncontrollers with the information, tools, processes and procedures necessary\nfor the controllers to carry out the roles and responsibilities the operator\nhas defined by performing each of the following: . . . .\n(2) Conduct a point-to-point verification between SCADA displays and\nrelated field equipment when field equipment is added or moved and when\nother changes that affect pipeline safety are made to field equipment or\nSCADA displays; . . . .\nThe Notice alleged that Respondent violated § 195.446(c)(2) by failing to have and follow\nwritten control room management procedures that provide its controllers with the information\nnecessary for them to carry out their proper roles and responsibilities. Specifically, it alleged\nthat Buckeye failed to include sufficient information in its procedures to enable the company’s\ncontrollers to conduct “point-to-point verifications” between its Supervisory Control and Data\nAcquisition (SCADA) system and related field equipment throughout its system. Under the\nregulation, operators must identify and test the reliability of all “safety-related points” within its\ncontrol system whose functions are necessary for the safe operation of the pipeline network.\nThe Notice further alleged that Respondent could not show it even had a written process or\ncriteria for determining which points within its control system were safety-related.\nIn its Response, Buckeye did not contest the allegations of violation, but provided information\nconcerning the corrective actions it had taken. Respondent also noted that after the PHMSA\ninspection, steps were completed to remedy the violation.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated\n49 C.F.R. § 195.446(c)(2).\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\nC P F N o : 1 - 2 0 1 4 - 5 0 0 2\nP a g e | 3\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice, for violation of\n49 C.F.R. § 195.446(c)(2). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas, hazardous liquids, or who owns or operates a pipeline facility, is required\nto comply with the applicable safety standards established under chapter 601.\nIn its Response, Buckeye did not contest the allegation of violation and stated its intent to\naddress the violation stated in the Notice. Accordingly, the compliance terms proposed in the\nNotice for Item 1 are included in this Order.\nPursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is\nordered to take the following actions to ensure compliance with the pipeline safety regulations\napplicable to its operations:\n1. With respect to the violation of § 195.446(c)(2) (Item 1), Respondent must:\n(a) Amend its control room management procedures to include a definition\nfor safety-related points and criteria/process regarding how it determines\nwhich points are safety-related; and\n(b) Create a listing of its safety-related points in accordance with its control\nroom management procedures and federal pipeline safety regulations.\n2. Respondent must submit documentation demonstrating completion of the above\nitem to the Director, Eastern Region, OPS, within 60 days of receipt of this Final\nOrder.\n3. It is requested (not mandated) that Respondent maintain documentation of the\nsafety improvement costs associated with fulfilling this compliance order and\nsubmit the total to the Director, Eastern Region, OPS. It is requested that these\ncosts be reported in two categories:\n(a) Total cost associated with preparation/revision of plans, procedures,\nstudies and analyses; and\n(b) Total cost associated with replacements, additions, and other changes to\npipeline infrastructure.\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.\n\n\n\nC P F N o : 1 - 2 0 1 4 - 5 0 0 2\nP a g e | 4\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":11037}