{"operation":"document","citation":"CPF 120165001W","title":"BUCKEYE PARTNERS, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-04-20","effective_on":null,"summary":"CLOSED warning letter citing 195.573(a)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120165001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120165001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120165001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120165001W","body":"Warning Letter involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulation as 195.573(a)(1). The case was opened on 2016-04-20 and is reported as closed as of 2016-04-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120165001W_Warning Letter_04202016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165001W/120165001W_Warning%20Letter_04202016.pdf\n\n120165001W_Warning Letter_04202016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165001W/120165001W_Warning%20Letter_04202016_text.pdf\n\n120165001W_Warning Letter_04202016_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nApril 20, 2016\nT. Scott Collier\nVP, Performance Assurance & Asset Integrity\nBuckeye Partners, L.P.\nFive TEK Park\n9999 Hamilton Boulevard\nBreinigsville, PA 18031\nCPF 1-2016-5001W\nDear Mr. Collier:\nFrom April 13 through 17, 2015, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Buckeye\nPartners, L.P.’s (Buckeye) corrosion control records for Inspection Unit #4723 – Decatur (Phillips), in\nBreinigsville, PA.\nAs a result of the inspection, it appears that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. This probable violation is a repeat violation.\nThe items inspected and the probable violation is:\n1. §195.573 What must I do to monitor external corrosion control?\n(a) Protected pipelines. You must do the following to determine whether cathodic\nprotection required by this subpart complies with Sec. 195.571:\n(1) Conduct tests on the protected pipeline at least once each calendar year, but with\nintervals not exceeding 15 months. However, if tests at those intervals are impractical\nfor separately protected short sections of bare or ineffectively coated pipelines, testing\nmay be done at least once every 3 calendar years, but with intervals not exceeding 39\nmonths.\nBuckeye failed to conduct tests on protected pipelines at least once each calendar year, with intervals not\nexceeding 15 months.\nDuring the inspection, the PHMSA inspector reviewed procedures and records related to monitoring\nexternal corrosion on protected pipelines. Buckeye’s procedure A-02: External Corrosion Control, issued\n12/12, states in Section 3 (Cathodic Protection Survey Procedures and Processes) that “Trained and\nqualified field personnel conduct the surveys at intervals in accordance with the Comprehensive\nScheduling Chart – Regulatory Inspections (See 195 O and M Manual Section F-34, Ex. A).” The\n\n\n\n1-2016-5001W\nComprehensive Scheduling Chart (F-34 Ex. A) states that pipe-to-soil and pipe-to-casing readings are to\nbe performed at least 1 time per calendar year and not to exceed 15 months.\nThe PHMSA inspector reviewed the CP Survey Reports for mainline pipelines in Buckeye’s\nResponsibility Area #383 for 2012, 2013, and 2014.\nThe records show that at 69 locations, pipe-to-soil readings took place on 3/5/2013 and 6/19/2014 (58 of\nthese are located in an HCA, 11 are not in an HCA). These exceeded the 15 month maximum by 14 days.\nThe records also show that at 5 locations, pipe-to-soil readings took place on 3/11/2013 and 6/19/2014 (4\nof these are located in an HCA, 1 is not in an HCA). These exceeded the 15 month maximum by 8 days.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.\nFor violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per\nviolation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations. We\nhave reviewed the circumstances and supporting documents involved in this case, and have decided not to\nconduct additional enforcement action or penalty assessment proceedings at this time. We advise you to\ncorrect the item identified in this letter. Failure to do so will result in Buckeye being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 1-\n2016-5001W. Be advised that all material you submit in response to this enforcement action is subject to\nbeing made publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document, you must\nprovide a second copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nSincerely,\nByron Coy, P.E.\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120165001W_Warning Letter_04202016 Page 2 of 2","truncated":false,"body_characters":4952}