{"operation":"document","citation":"CPF 120155001","title":"BUCKEYE PARTNERS, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-01-26","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.410(a)(1), 195.410(a)(2)(ii), 195.412(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120155001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120155001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120155001","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120155001","body":"Notice of Probable Violation involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulations as 195.410(a)(1),  195.410(a)(2)(ii),  195.412(a). The case was opened on 2015-01-26 and is reported as closed as of 2016-01-06. Proposed civil penalty: $89,400. Assessed civil penalty: $89,400. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120155001_Closure Letter_01062016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120155001/120155001_Closure%20Letter_01062016.pdf\n\n120155001_Closure Letter_01062016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120155001/120155001_Closure%20Letter_01062016_text.pdf\n\n120155001_Final Order_07062015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120155001/120155001_Final%20Order_07062015.pdf\n\n120155001_Final Order_07062015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120155001/120155001_Final%20Order_07062015_text.pdf\n\n120155001_NOPV_PCP-PCO_01262015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120155001/120155001_NOPV_PCP-PCO_01262015.pdf\n\n120155001_NOPV_PCP_PCO_01262015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120155001/120155001_NOPV_PCP_PCO_01262015_text.pdf\n\n120155001_Operator Response to Notice_02122015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120155001/120155001_Operator%20Response%20to%20Notice_02122015.pdf\n\n120155001_Closure Letter_01062016_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nJanuary 6, 2016\nMr. T. Scott Collier\nVP, Performance Assurance & Asset Integrity\nFive Tek Park\n9999 Hamilton Boulevard\nBreinigsville, PA 18031\nCPF 1-2015-5001\nDear Mr. Collier:\nOn July 6, 2015, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\nto Buckeye Partners, LP (Buckeye) a Final Order in the above-referenced case. This Order\nincluded a Compliance Order and Civil Penalty assessment. Based on our review of the\ndocumentation Buckeye provided, and confirmation of payment of the civil penalty, it has been\ndetermined 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\nCc: Mr. Kevin Speicher, NYSDPS\n\n120155001_Final Order_07062015_text.pdf\n\nJuly 6, 2015\nMr. Clark C. Smith\nPresident and CEO\nBuckeye Partners, LP\nOne Greenway Plaza\nHouston, Texas 77046\nRe: CPF No. 1-2015-5001\nDear Mr. Smith:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation, assesses a civil penalty of $89,400, and specifies actions that need to be taken by\nBuckeye Partners, LP, to comply with the pipeline safety regulations.\nThis is also to acknowledge receipt of payment of the full penalty amount, by wire transfer dated\nFebruary 27, 2015. When the terms of the compliance order have been completed, as determined\nby the Director, Eastern Region, this enforcement action will be closed. Service of the Final\nOrder by certified mail is deemed effective upon the date of mailing, or as otherwise provided\nunder 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, Director, Eastern Region, OPS\nMr. Thomas S. Collier, Vice President, Performance & 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. 1-2015-5001\n)\nRespondent. )\n___________________________________ )\nFINAL ORDER\nBetween September 17-27, 2013, pursuant to 49 U.S.C. § 60117, New York State Department of\nPublic Service (NYSDPS) inspectors, acting as agents of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an on-site pipeline\nsafety inspection of the facilities of Buckeye Partners, LP (Buckeye or Respondent), in Auburn,\nNew York. Respondent owns and operates liquid petroleum-products pipeline systems\nthroughout the United States, with over 6,000 miles of pipeline.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated January 26, 2015, a Notice of Probable Violation, Proposed Civil Penalty, and\nProposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice\nproposed finding that Buckeye had violated 49 C.F.R. §§ 195.410(a)(1), 195.410(a)(2)(ii), and\n195.412(a), and proposed assessing a civil penalty of $89,400 for the alleged violations. The\nNotice also proposed ordering Respondent to take certain measures to correct the alleged\nviolations.\nBuckeye responded to the Notice by letter dated February 12, 2015 (Response). The company\ndid not contest the allegations of violation, paid the proposed civil penalty of $89,400 as\nprovided in 49 C.F.R. § 190.227, and indicated its intention to comply with the terms of the\nProposed Compliance Order. Payment of the penalty serves to close the case with prejudice to\nRespondent.\nFINDINGS OF VIOLATION\nIn its Response, Respondent did not contest the allegations in the Notice that it violated\n49 C.F.R. Part 195, as follows:\n1 Buckeye Partners, LP, website, available at http://www.buckeye.com/BusinessOperations/tabid/56/Default.aspx\n(last accessed March 16, 2015).\n\n\n\nCPF No. 1-2015-5001\nPage 2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.410(a)(1), which states:\n§ 195.410 Line markers.\n(a) Except as provided in paragraph (b) of this section, each operator\nshall place and maintain line markers over each buried pipeline in\naccordance with the following:\n(1) Markers must be located at each public road crossing, at each\nrailroad crossing, and in sufficient number along the remainder of each\nburied line so that its location is accurately known.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.410(a)(1) by failing to properly\nmaintain line markers in sufficient quantity along Buckeye’s buried pipeline so that its location is\naccurately known. Specifically, the Notice alleged that Respondent failed to properly maintain\nline markers in sufficient quantity along its buried pipeline in two locations within the town of\nLenox, New York. The first was along the dead-end portion of Old Indian Opening Road,\nlooking southeast and toward the New York State Thruway. The second was at the end of Old\nIndian Opening Road, looking back toward the northwest and east. According to the Violation\nReport, Respondent’s personnel allegedly conceded during the NYSDPS inspection that the\npipeline could use more line markers and more right-of-way (ROW) clearing.2\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. § 195.410(a)(1) by failing to maintain\nline markers along its buried pipeline in sufficient number so that its location is accurately\nknown.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.410(a)(2)(ii), which states:\n§ 195.410 Line markers.\n(a) Except as provided in paragraph (b) of this section, each operator\nshall place and maintain line markers over each buried pipeline in\naccordance with the following: . . .\n(2) The marker must state at least the following on a background of\nsharply contrasting color: . . .\n(ii) The name of the operator and a telephone number (including area\ncode) where the operator can be reached at all times.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.410(a)(2)(ii) by failing to properly\nmaintain a line marker over its buried pipeline. Specifically, the Notice alleged that Respondent\nfailed to properly affix to its line marker located over the 701 pipeline north of Virgil Creek\nRoad, Cortland County, New York, a telephone number where the company could be reached at\nall times. The Notice also alleged that the NYSDPS inspector dialed both telephone numbers\nshown on the line marker and received no answer after several minutes. The Notice further\nalleged that subsequent investigation revealed that the telephone numbers on the marker were\n2 Pipeline Safety Violation Report (Violation Report), (January 26, 2015) (on file with PHMSA), at 9.\n\n\n\nCPF No. 1-2015-5001\nPage 3\nout-of-date.\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. § 195.410(a)(2)(ii) by failing to\nproperly maintain a line marker along its buried pipeline by showing on the marker a telephone\nnumber at which Buckeye could be contacted at all times.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.412(a), which states:\n§ 195.412 Inspection of rights-of-way and crossings under navigable\nwaters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least\n26 times each calendar year, inspect the surface conditions on or adjacent\nto each pipeline right-of-way. Methods of inspection include walking,\ndriving, flying or other appropriate means of traversing the right-of-way.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.412(a) by failing to adequately\ninspect the surface conditions on or adjacent to various sections of its pipeline ROW.\nSpecifically, the Notice alleged that Respondent did not adequately inspect surface conditions\nalong its pipeline ROW in sections 802 and 803, as evidenced by what appeared to be\nuncontrolled vegetation, including low-growing plants, shrubs and tree canopy that had grown to\nsufficient height to obscure the ROW surface.\nAccording to the Notice, Buckeye personnel told NYSPDS inspectors that aerial surveillance\nwas the method of inspection used by the company to inspection its ROW in this area. As a\nresult, Respondent allegedly failed to maintain and clear the ROW so as to allow for adequate\naerial inspection of the surface conditions along the ROW.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find Respondent violated 49 C.F.R. § 195.412(a) by failing to adequately\ninspect the surface conditions on or adjacent to sections 802 and 803 of the company’s pipeline\nROW.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken 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 49 U.S.C.\n§ 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\n\n\n\nCPF No. 1-2015-5001\nPage 4\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 $89,400 for the violations cited above in Item 2 and Item 3, both of which were\ncited as repeat violations.\nItem 2: The Notice proposed a civil penalty of $44,600 for Respondent’s violation of 49 C.F.R.\n§ 195.410(a)(2)(ii), for failing to properly maintain a line marker over its buried pipeline.\nRespondent paid the proposed penalty in full, which serves to close the case with prejudice.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess\nRespondent a civil penalty of $44,600 for violation of 49 C.F.R. § 195.410(a)(2)(ii).\nItem 3: The Notice proposed a civil penalty of $44,800 for Respondent’s violation of 49 C.F.R.\n§ 195.412(a), for failing to adequately inspect the surface conditions on or adjacent to its pipeline\nROW. Respondent paid the proposed penalty in full, which serves to close the case with\nprejudice. Accordingly, having reviewed the record and considered the assessment criteria, I\nassess Respondent a civil penalty of $44,800 for violation of 49 C.F.R. § 195.412(a).\nIn summary, having reviewed the record and considered the assessment criteria for each of the\nItems cited above, I assess Respondent a total civil penalty of $89,400, which amount has been\npaid in full.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1 and 3 in the Notice for\nviolations of 49 C.F.R. §§ 195.410(a)(1) and 195.412(a), respectively. Under 49 U.S.C.\n§ 60118(a), each person who engages in the transportation of hazardous liquid by pipeline or\nwho owns or operates a pipeline facility is required to comply with the applicable safety\nstandards established under chapter 601. Pursuant to the authority of 49 U.S.C. § 60118(b) and\n49 C.F.R. § 190.217, Respondent is ordered to take the following actions to ensure compliance\nwith the pipeline safety regulations applicable to its operations:\n1. With respect to the violation of § 195.410(a)(1) (Item 1), Respondent must\nreexamine and ensure the accurate location of the buried pipeline at the road\ncrossing and along the right-of-way (ROW) on Old Indian Opening Road\nbetween the end of the dead-end road looking southeast and towards the New\nYork State Thruway, and at the end of Old Indian Opening Road looking back\nto the northwest and back towards the east. Once the pipeline is located,\nRespondent must install line markers so that the location of the buried pipeline\nis accurately known.\n2. With respect to the violation of § 195.412(a) (Item 3), Respondent must\nimplement one or more appropriate methods that will allow for adequate\ninspection of the pipeline ROW along sections 802 and 803 of its pipeline.\n\n\n\nCPF No. 1-2015-5001\nPage 5\n3. All documentation demonstrating compliance with each of the items outlined\nin this Order must be submitted to Byron Coy, P.E., Director, Eastern Region,\nPipeline and Hazardous Materials Safety Administration, 820 Bear Tavern\nRoad, Suite 103, West Trenton, NJ 08628 within 120 days of receipt of this\nFinal Order.\n4. 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 Byron Coy, P.E., Director, Eastern Region, Pipeline and\nHazardous Materials Safety Administration. It is requested that these costs be\nreported in two categories: 1) total cost associated with preparation/revision of\nplans, procedures, studies and analyses; and 2) total cost associated with\nreplacements, additions and other changes to pipeline 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.\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":15889}