# BUCKEYE PARTNERS, LP — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 120165007
- **title:** BUCKEYE PARTNERS, LP — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2016-08-25
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 195.214(a).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-120165007.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-120165007.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-120165007
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/120165007
**body:**

Notice of Probable Violation involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulation as 195.214(a). The case was opened on 2016-08-25 and is reported as closed as of 2024-12-06. Proposed civil penalty: $38,200. Assessed civil penalty: $38,200. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

120165007_Amended NOPV PCP PCO_07312017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_Amended%20NOPV%20PCP%20PCO_07312017.pdf

120165007_Amended NOPV PCP PCO_07312017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_Amended%20NOPV%20PCP%20PCO_07312017_text.pdf

120165007_Closure Letter_12062024_(15-149858S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_Closure%20Letter_12062024_(15-149858S).pdf

120165007_Closure Letter_12062024_(15-149858S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_Closure%20Letter_12062024_(15-149858S)_text.pdf

120165007_Consent Agreement and Order_02092023_(15-149858S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_Consent%20Agreement%20and%20Order_02092023_(15-149858S).pdf

120165007_Consent Agreement and Order_02092023_(15-149858S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_Consent%20Agreement%20and%20Order_02092023_(15-149858S)_text.pdf

120165007_Final Order_10102019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_Final%20Order_10102019.pdf

120165007_Final Order_10102019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_Final%20Order_10102019_text.pdf

120165007_NOPV PCP PCO_08252016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_NOPV%20PCP%20PCO_08252016.pdf

120165007_NOPV PCP PCO_08252016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_NOPV%20PCP%20PCO_08252016_text.pdf

120165007_Operator Post-Hearing Submission_07202018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_Operator%20Post-Hearing%20Submission_07202018.pdf

120165007_Operator Pre-Hearing Brief_01152018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_Operator%20Pre-Hearing%20Brief_01152018.pdf

120165007_Operator Response Notice_09142016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_Operator%20Response%20Notice_09142016.pdf

120165007_Operator Response to Amended Notice Letter and Request for Hearing_08252017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_Operator%20Response%20to%20Amended%20Notice%20Letter%20and%20Request%20for%20Hearing_08252017.pdf

120165007_Operator Response to Amended Notice_08252017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_Operator%20Response%20to%20Amended%20Notice_08252017.pdf

120165007_PHC Hearing Rescheduled_04042018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_PHC%20Hearing%20Rescheduled_04042018_text.pdf

120165007_PHC Hearing Scheduled_03072018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_PHC%20Hearing%20Scheduled_03072018.pdf

120165007_PHC Hearing Scheduled_03072018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_PHC%20Hearing%20Scheduled_03072018_text.pdf

120165007_PHC_Hearing_Rescheduled_04042018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165007/120165007_PHC_Hearing_Rescheduled_04042018.pdf

120165007_Consent Agreement and Order_02092023_(15-149858S)_text.pdf

February 9, 2023
VIA ELECTRONIC MAIL TO: trusso@buckeye.com
Mr. Todd Russo
President and Chief Executive Officer
Buckeye Partners, LP
4200 Westheimer Road, # 975
Houston, Texas 77027
CPF No. 1-2016-5007
Dear Mr. Russo:
Enclosed please find a Consent Order incorporating the terms of the Consent Agreement between
the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Buckeye Partners, LP
which was executed on February 7, 2023. Service of the Consent Order and Consent Agreement
by e-mail is deemed effective upon the date of mailing and acknowledgement of receipt, or as
otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosure: Order and Consent Agreement
cc: Ms. Linda Daugherty, Deputy Associate Administrator for Field Operations, Office of
Pipeline Safety, PHMSA
Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA
Mr. Evan Hofmann, Vice President, General Counsel and Secretary, Buckeye Partners, LP,
ehofmann@buckeye.com



Mr. William Serra, Vice President, Operations, Eastern Region, Buckeye Partners, LP,
wserra@buckeye.com
Ms. Claudia Pankowski, Director of Regulatory Compliance, Buckeye Partners, LP,
cpankowski@buckeye.com
Ms. Catherine Little, Esq., Bracewell LLP, Outside Counsel for Buckeye Partners, LP,
catherine.little@bracewell.com
CONFIRMATION OF 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. 1-2016-5007
)
)
)
Respondent. )
____________________________________)
CONSENT ORDER
By letter dated July 31, 2017, the Pipeline and Hazardous Materials Safety Administration
(PHMSA), Office of Pipeline Safety, issued an Amended Notice of Probable Violation, Proposed
Civil Penalty, and Proposed Compliance Order (Amended Notice) to Buckeye Partners, LP
(Buckeye or Respondent). Buckeye responded to the Amended Notice by letter dated August 25,
2017, and requested a hearing. A hearing was held on June 13, 2018, in West Trenton, New
Jersey before a PHMSA Presiding Official. On October 10, 2019, PHMSA issued a final order
directing Buckeye to take certain actions to ensure compliance with the pipeline safety
regulations.
Buckeye met with PHMSA to discuss alternative solutions to the Compliance Order regarding
field weld destructive testing. As a result of discussions between PHMSA and Respondent, and
in consideration of prior inspection and test records, the API standard applicable to field welds,
and the environmental implications of the Compliance Order, the Parties agree that settlement of
this matter will be beneficial and will avoid further administrative proceedings or litigation.
Accordingly, the enclosed Consent Agreement is hereby approved and incorporated by reference
into this Consent Order. Buckeye is hereby ordered to comply with the terms of the Consent
Agreement, effective immediately. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with
this Consent Order may result in the assessment of civil penalties as set forth in 49 C.F.R.
§ 190.223.
The terms and conditions of this Consent Order are effective upon service in accordance with 49
C.F.R. § 190.5.
February 9, 2023
___________________________________ __________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety



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. 1-2016-5007
)
)
)
Respondent. )
____________________________________)
From October 2, 2015, through November 13, 2015, pursuant to 49 U.S.C. § 60117, a
representative of the New York State Department of Public Service, as agent for the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), conducted
an on-site pipeline safety inspection of a pipeline construction project of Buckeye Partners, LP
(Buckeye or Respondent), at the Genesee River in Livingston County, New York.
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated August 25, 2016, a Notice of Probable Violation, Proposed Civil Penalty, and
Proposed Compliance Order (Initial Notice). In accordance with 49 C.F.R. § 190.207, the Notice
proposed finding that Buckeye had violated 49 C.F.R. § 195.214(a)1 and proposed assessing a civil
penalty of $38,200 for the alleged violation. The Initial Notice also proposed ordering Respondent
to take certain measures to correct the alleged violation.
Buckeye responded to the Initial Notice by letter dated September 14, 2016, as supplemented by
letter dated April 13, 2017. Buckeye did not contest the allegation of violation and provided copies
of its revised welding procedures. Following an exchange of correspondence with OPS, by letter
dated June 1, 2017, Buckeye disagreed with the manner in which OPS expected it to meet the
terms of the proposed Compliance Order.
On July 31, 2017, the Director issued an Amended Notice of Probable Violation, Proposed Civil
Penalty, and Proposed Compliance Order (Amended Notice) that superseded the Initial Notice,
and which amended the testing requirement for field welds2 in the compliance terms of the Initial
CONSENT AGREEMENT
1 Section 195.214(a) states “Welding must be performed by a qualified welder or welding operator in accordance
with welding procedures qualified under section 5, section 12 or Appendix A of API Std 1104 (incorporated by
reference, see § 195.3), or section IX of ASME Boiler and Pressure Vessel Code (BPVC) (incorporated by reference,
see § 195.3). The quality of the test welds used to qualify welding procedures must be determined by destructive
testing.”
2 A field weld is a production weld that the meets the acceptance standards for non-destructive testing on Section 9
of API 1104 (20th edition, October 2005).



Notice. In accordance with 49 C.F.R. § 190.207, the Amended Notice proposed finding that
Buckeye had violated 49 C.F.R. § 195.214(a) and proposed assessing a civil penalty of $38,200
for the alleged violation. The Amended Notice also proposed ordering Respondent to take certain
measures to correct the alleged violation. Buckeye responded to the Amended Notice by letter
dated August 25, 2017, and requested a hearing on the new terms of the Amended Notice’s
Proposed Compliance Order. Notwithstanding the hearing request for the Amended Notice,
Buckeye paid the proposed civil penalty of $38,200 on January 12, 2018.
A hearing was subsequently held on June 13, 2018, in West Trenton, New Jersey before a PHMSA
Presiding Official. During the hearing, Buckeye did not contest the allegation, but explained the
difficulty of obtaining numerous field welds for qualification testing, including the considerable
expense and environmental disturbance that would require. Buckeye argued that a more limited
field testing of the welds would be considered an acceptable industry practice under the
circumstances. During the hearing, the Director and Buckeye came to an agreement on the field
testing and Buckeye agreed to no longer contest the issuance of a final order with compliance
terms as modified pursuant to that agreement.
On October 10, 2019, PHMSA issued a final order (“Final Order”) directing Buckeye to take the
following actions to ensure compliance with the pipeline safety regulations:
1) Cut out all thirty-six (36) existing in-service welds, and weld new girth welds in
accordance with §195.214(a); or
2) Buckeye must cut out one (1) field weld created using its qualified procedure, Weld
Procedure Specification P15A (qualified on November 13, 2015), from the existing
thirty-six (36) in-service girth welds and perform all of the destructive testing
requirements on the one (1) weld (including tensile, nick break, and bend tests) as
set forth in API 1104 for welding procedure qualification purposes for 10-inch
diameter pipe. To the extent not all of the destructive testing can be conducted on
the one (1) weld, Buckeye must cut out one (1) additional weld to perform the
necessary testing. If the field weld(s) pass the qualification testing, then the existing
girth welds may remain in service. Otherwise, all remaining in-service girth welds
must be cut out and replaced with new girth welds in accordance with §195.214(a).
Prior to the removal of the existing weld(s) for testing, Buckeye must provide ten
(10) days advance notice to the Eastern Region to enable observation of testing.
Testing is to be accomplished within 180 days of receipt of the Final Order.
On January 22, 2020, Buckeye informed the Director of its intent to comply with the Compliance
Order and cut out one (1) field weld using its qualified procedure on February 12, 2020. Buckeye
cut out and removed an in-service field weld from the Genesee River crossing and performed the
destructive testing in accordance with API 1104 for welding procedure qualification (Section 5).
The field weld passed API 1104 welding procedure acceptance criteria intended for a procedure
qualification weld, including tensile testing, bend testing, and the first nick break test. The second
nick break test did not meet the acceptability for welding procedure qualification under API 1104
Section 5, due to a slag inclusion. While the slag inclusion was unacceptable according to welding



procedure qualification in API 1104 Section 5, it was within acceptable limits for a field weld
which is evaluated using API Standard 1104, Section 9.
As a result of discussions between PHMSA and Respondent (collectively, the Parties), and in
consideration of the following: 1) 2015 radiographic inspection that occurred during construction;
2) the hydrostatic pressure test that was performed before this segment was placed into service in
2015; 3) tensile, root, and face destructive testing that confirmed the strength and ductility of the
welds; 4) the length of the slag inclusion in the second nick-break specimen was approximately
twelve (12) percent of the allowable length for a slag inclusion in API 1104, Section 9 for field
welds; and 5) the environmental implications of having to remove the remaining thirty-five (35)
field welds, the Parties agree that settlement of this matter will be beneficial and will avoid further
administrative proceedings or litigation.
Therefore, upon consent and agreement, the Parties hereby agree as follows:
I. General Provisions
1. Respondent acknowledges that as the operator of the Genesee River crossing in
Livingston County, New York (i.e., the Affected Segment as defined below), Respondent is
subject to the jurisdiction of the Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the
regulations and administrative orders issued thereunder. For purposes of this Agreement,
Respondent acknowledges that it received proper notice of PHMSA's action in this proceeding and
that the Final Order states claims upon which relief may be granted pursuant to 49 U.S.C. 60101,
et seq., and the regulations and orders issued thereunder.
2. After Respondent returns this signed Agreement to PHMSA, the Agency’s
representative will present it to the Associate Administrator for Pipeline Safety, recommending that
the Associate Administrator adopt the terms of this Agreement by issuing an administrative order
(Consent Order) incorporating the terms of this Agreement. The terms of this Agreement constitute
an offer of settlement until accepted by the Associate Administrator. Once accepted, the Associate
Administrator will issue a Consent Order incorporating the terms of this Agreement.
3. Respondent consents to the issuance of the Consent Order, and hereby waives any
further procedural requirements with respect to its issuance. Respondent waives all rights to contest
the adequacy of notice, or the validity of the Consent Order or this Agreement, including all rights
to administrative or judicial hearings or appeals, except as set forth herein.
4. This Agreement shall apply to and be binding upon PHMSA, and upon Buckeye, its
officers, directors, and employees, and its successors, assigns, or other entities or persons otherwise
bound by law. Respondent agrees to provide a copy of this Agreement and any incorporated work
plans and schedules to all of Buckeye’s officers, employees, and agents whose duties might
reasonably include compliance with this Agreement.
5. This Agreement constitutes the final, complete and exclusive agreement and
understanding between the Parties with respect to the settlement embodied in this Agreement. The
Parties acknowledge that there are no representations, agreements or understandings relating to



settlement other than those expressly contained in this Agreement, except that the terms of this
Agreement may be construed by reference to the Final Order.
6. Nothing in this Agreement affects or relieves Respondent of its responsibility to
comply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101, et
seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters PHMSA's
right of access, entry, inspection, and information gathering or PHMSA's authority to bring
enforcement actions against Buckeye pursuant to the Federal pipeline safety laws, the regulations
and orders issued thereunder, or any other provision of Federal or State law.
7. For all transfers of ownership or operating responsibility of Respondent’s pipeline
system referenced herein, Respondent will provide a copy of this Agreement to the prospective
transferee at least thirty (30) days prior to such transfer. Respondent will provide written notice of
the transfer to the Director no later than sixty (60) days after the transfer occurs.
8. This Agreement does not waive or modify any Federal, State, or local laws or
regulations that are applicable to Respondent’s pipeline systems. This Agreement is not a permit,
or a modification of any permit, under any Federal, State, or local laws or regulations. Respondent
remains responsible for achieving and maintaining compliance with all applicable Federal, State,
and local laws, regulations and permits.
9. This Agreement does not create rights in, or grant any cause of action to, any third
party not party to this Agreement. The U.S. Department of Transportation is not liable for any
injuries or damages to persons or property arising from acts or omissions of Respondent or its
officers, employees, or agents carrying out the work required by this Agreement. Respondent
agrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents, and
representatives from any and all causes of action arising from any acts or omissions of Respondent
or its contractors in carrying out any work required by this Agreement.
10. Upon issuance of the Consent Order, Respondent agrees to perform the Corrective
Measures set forth below.
II. Corrective Measures
Definitions:
Affected Segment – The “Affected Segment” means the section of pipe replaced in 2015
(Line 803 Station Number 3415+43 to 3427+12) also known as Buckeye’s Genesee River
crossing in Livingston County, New York.
Director – The Director, Eastern Region, PHMSA, OPS, 840 Bear Tavern Rd., Ste. 300,
West. Trenton, New Jersey 08628.
Day – Calendar day.



11. In-line Inspection (“ILI”). For the remaining thirty-five (35) in-service production
welds within the Affected Segment, Buckeye must conduct integrity assessments for all threats
identified including the following:
a. Respondent will assess the line segment from Auburn Station to Rochester
Terminal (“Inspection Segment”), including the Affected Segment for the
threats of third-party damage, corrosion, and denting using Deformation and
Metal Loss ILI tools, using high-resolution (HR) magnetic flux leakage (HR-
MFL) and HR deformation tools with deformation-extended sensor arms not
limited by pig cups, in accordance with its Integrity Management Manual
(IMM) requirements. The last assessment was in March 2020 and there were
no deformation or metal loss conditions identified within the Affected
Segment. The next assessment deadline for the segment including the
Affected Segment is March 25, 2023. Respondent will provide the Director
with the final ILI results for the Affected Segment within thirty (30) days of
receiving them from the vendor.
b. For newly identified threats, assessments must be completed within two (2)
years of identification.
c. Within twelve (12) months of the Effective Date, Respondent will assess the
Inspection Segment, including the Affected Segment, for the threat of girth
weld cracking using a Circumferential Ultrasonic Crack Detection ILI tool.
A response plan will be developed to address any girth welds that exhibit
internal diameter (ID) or outer diameter (OD) surface breaking cracking or
crack-like indications in the girth weld or heat affected zone (HAZ).
Respondent will provide the Director with the final ILI results for the
Affected Segment within thirty (30) days of receiving them from the vendor.
12. Waterway Crossing Inspection. Respondent will continue to monitor the navigable
Genesee River crossing of the Affected Segment as required by its 195 Operations and Maintenance
(O&M) Manual Section F-26 (Navigable Waterways) and its IMM Appendix M-1 (Waterway
Crossing Program). The last waterway dive inspection was performed in 2018 and the next
inspection deadline is April 17, 2023. Respondent will provide the Director with the final results
for the Affected Segment within thirty (30) days of receiving them from the vendor.
13. Opportunistic Girth Weld Inspections. Respondent will revise its IMM Appendix
E-8 (Pipeline Supplemental Field Inspection) to include supplemental (i.e., opportunistic) girth weld
inspections for the Affected Segment. As such, during planned excavations the next upstream and
downstream girth welds will be exposed for evaluation, as practical given site conditions. Buckeye
will provide the amended procedures to the Director within thirty (30) days of the Effective Date.
14. Valves. For the valves located at West River Road (3458+48), downstream of the
Genesee River, and Hartwell Road (3279+53), upstream of the Genesee River, Buckeye must:
a. Convert the manual mainline valve at Hartwell Road to an automated shutoff
valve no later than December 31, 2023.



b. Have continuous valve status monitoring (open, closed, or partial
closed/open), including upstream pressure and downstream pressure.
c. Inspect each mainline valve to determine that it is functioning properly,
including exercise of the valve to ensure full closure, at least four (4) times
each calendar year, at intervals not exceeding 120 days.
d. Buckeye must repair or replace any valve used to isolate a leak or rupture
that is discovered to be inoperable or unable to maintain shutoff as soon as
practicable, but no later than six (6) months after discovery.
15. Field Activity Notices to PHMSA. Before performing field activities (i.e., any time
the Affected Segment is exposed to the atmosphere for assessment), Buckeye must give a minimum
fourteen (14) day notice to the Director to enable PHMSA to observe. Exception: Immediate
response conditions do not require fourteen (14) day notice. However, Buckeye must notify the
Director no later than two (2) business days after the immediate condition is discovered.
16. Reporting. Buckeye must submit a biannual report to the Director regarding the
information below as it relates to the Affected Segment. PHMSA must receive the biannual report
every six (6) months, starting on the last day of the sixth month after the Effective Date of the
Consent Order. For example, the biannual reports for a Consent Order dated January 3, 2022, must
be received by PHMSA no later than July 31 and January 31. The report must include:
a. any occurrence of exceeding the maximum interval between right-of-way
(ROW) patrols;
b. mainline valves found to be inoperable or unable to maintain shutoff,
including the location of the valve, date of discovery, and date of repair;
c. any new integrity threats identified;
d. results of any ILI or direct assessments performed; and
e. all repairs on the pipeline that occurred, including the location of the repair,
date of discovery, date of repair, and estimated product loss, if any.
17. Extensions of Time. The Director may grant an extension of time for compliance
with any of the terms of the Agreement upon a written request timely submitted demonstrating good
cause for an extension. The Director shall respond in writing to any such request.
18. Appeals. Respondent may appeal any decision of the Director to the Associate
Administrator for Pipeline Safety. Decisions of the Associate Administrator will be final.
IV. Dispute Resolution
19. The Director and Buckeye will informally attempt to resolve any disputes arising
under this Agreement. If Respondent and the Director are unable to informally resolve the dispute
within fifteen (15) calendar days after the dispute is first raised, in writing, to the Director,



Respondent may submit a written request for a determination resolving the dispute from the
Associate Administrator for Pipeline Safety providing all information that Respondent believes is
relevant to the dispute. If the request is submitted as provided herein, the Associate Administrator
will issue a final determination in writing. Decisions of the Associate Administrator under this
paragraph will constitute final agency action. The existence of a dispute and the PHMSA's
consideration of matters placed in dispute will not excuse, toll, or suspend any term or timeframe
for completion of any work to be performed under this Agreement during the pendency of the
dispute resolution process, except as agreed by the Director or the Associate Administrator in
writing, or ordered by a court of competent jurisdiction.
V. Enforcement
20. This Agreement, including all plans and schedules incorporated by reference, is
subject to all enforcement authorities available to PHMSA under 49 U.S.C. §60101, et seq., and
49 C.F.R. Part 190, including administrative civil penalties under 49 U.S.C. §60122, of up to
$200,000 per violation for each day the violation continues and referral of the case to the Attorney
General for judicial enforcement, if PHMSA determines that Respondent is not complying with the
terms of this Agreement in accordance with determinations made by the Director, or if appealed, in
accordance with decisions of the Associate Administrator. The maximum civil penalty amounts
are adjusted annually for inflation. See, e.g., Pipeline Safety: Inflation Adjustment of Maximum
Civil Penalties, 82 Fed. Reg. 19325 (April 27, 2017).
VI. Recordkeeping and Information Disclosure
21. Unless otherwise required in this Agreement, Respondent agrees to maintain records
demonstrating compliance with all requirements of this Agreement for a period of at least five (5)
years following completion of all work to be performed. For any reports, plans, or other
deliverables required to be submitted to PHMSA pursuant to this Agreement, Respondent may
assert a claim of business confidentiality or other protections applicable to the release of information
by PHMSA, covering part or all of the information required to be submitted to PHMSA pursuant
to this Agreement in accordance with 49 C.F.R. Part 7. Respondent must mark the claim of
confidentiality in writing on each page, and include a statement specifying the grounds for each
claim of confidentially. PHMSA determines release of any information submitted pursuant to this
Agreement in accordance with 49 C.F.R. Part 7, the Freedom of Information Act, 5 U.S.C. § 552,
DOT and PHMSA policies, and other applicable regulations and Executive Orders.
VII. Effective Date
22. The term “Effective Date,” as used herein, is the date on which the Consent Order
is issued by the Associate Administrator incorporating the terms of this Agreement. Unless
specified to the contrary, all deadlines for actions required by this Agreement run from the Effective
Date of the Consent Order.
VIII. Modification



23. The terms of this Agreement may be modified by mutual agreement of the Parties.
Such modifications must be in writing and signed by both parties.
IX. Termination
24. This Agreement shall remain in effect until Buckeye completes the actions in
Paragraphs 11, 12, and 14 with approval by the Director. The Consent Agreement shall not
terminate until the Director confirms, in writing, that the Consent Agreement is terminated in
accordance with this paragraph. Nothing in this Agreement prevents Respondent from completing
any of the obligations earlier than the deadlines provided for in this Agreement.
X. Ratification
25. The Parties’ undersigned representatives certify that they are fully authorized to
enter into the terms and conditions of this Agreement and to execute and legally bind such party to
this document.
26. The Parties hereby agree to all conditions and terms of this Agreement.
For BUCKEYE:
___________________________________
Mr. Evan Hofmann
Vice President, General Counsel and Secretary
Buckeye Partners, LP
________________________
Date
For PHMSA:
___________________________________
Mr. Robert Burrough
Region Director, Eastern Region
Office of Pipeline Safety, PHMSA
________________________
Date

120165007_PHC Hearing Scheduled_03072018_text.pdf

March 7, 2018
VIA CERTIFIED MAIL AND EMAIL TO: Robert.Hogfoss@troutmansanders.com and
Robert.Burrough@dot.gov
Mr. Robert E. Hogfoss, Esq.
Counsel for Buckeye Partners, L.P.
Troutman Sanders LLP
600 Peachtree Street, NE, Suite 5200
Atlanta, GA 30308
Mr. Robert Burrough
Acting Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
820 Bear Tavern Road, Suite 103
West Trenton, NJ 08628
Re: Notice of Hearing, Buckeye Partners, L.P.
CPF No. 1-2016-5007
Dear Mr. Hogfoss and Mr. Burrough:
In accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of
Probable Violation, Proposed Civil Penalty, and Amended Proposed Compliance Order issued to
Buckeye Partners, L.P. by the Office of Pipeline Safety in the above-referenced case. The hearing will
take place April 4, 2018, beginning at 12:30 p.m. Eastern Time.
The hearing will be at the PHMSA Eastern Region office, 820 Bear Tavern Road, Suite 103, West
Trenton, NJ 08628. Upon arrival at the building, attendees will be required to present photo
identification to security personnel. A contact phone number for the day of the hearing is (609) 989-
2171.
If you have any questions, please do not hesitate to call me at (202) 366-9093.
Sincerely,
Larry White
Presiding Official
cc: Mr. Thomas S. Collier, Vice President, Performance Assurance, Buckeye Partners, L.P.
Five TEK Park, 9999 Hamilton Blvd., Breinigsville, PA 18031
Ms. Y. Ajoke Agboola, Counsel, Eastern Region, OPS

120165007_Amended NOPV PCP PCO_07312017_text.pdf

AMENDED NOTICE OF PROBABLE VIOLATION
PROPOSED CIVIL PENALTY
and
AMENDED PROPOSED COMPLIANCE ORDER
OVERNIGHT EXPRESS DELIVERY
July 31, 2017
Thomas S. (Scott) Collier
Vice President, Performance Assurance
Buckeye Partners, L.P.
Five TEK Park
9999 Hamilton Boulevard
Breinigsville, PA 18031
CPF 1-2016-5007
Dear Mr. Collier:
From October 2, 2015 to November 13, 2015, inspectors from the New York State Department of
Public Service (NYSDPS), acting as agents of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Buckeye
Partners, L.P.’s (Buckeye) construction project for the relocation of the exposed WL803CD
segment of the AB803RC petroleum products pipeline at the Genesee River, located in the Towns
of Avon and Caledonia in Livingston County, New York.
As a result of the inspection, PHMSA issued to Buckeye a Notice of Probable Violation, Proposed
Civil Penalty, and Proposed Compliance Order (Original Notice) on August 25, 2016.
In a letter dated May 4, 2017, PHMSA notified Buckeye that it sought to amend and clarify the
remedial action required under the original PCO. In that letter, PHMSA stated: “if Buckeye finds
the amended terms to be unacceptable, PHMSA will issue an amended NOPV, with a revised PCO,
at which point Buckeye will have an opportunity to respond.”
In a letter dated June 1, 2017 (Response), Buckeye contested the amended PCO terms, requested
a hearing, and requested entry of a Consent Agreement allowing the company to utilize its



CPF 1-2016-5007
preferred method of completing the remedial action required under the original PCO. Pursuant to
49 C.F.R. §190.207(c), PHMSA is issuing this Amended Notice of Probable Violation, including
an Amended Proposed Compliance Order (Amended Notice).
As a result of the inspection, it appears that you have committed probable violations of the Pipeline
Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable
violation is:
1. §195.214 Welding Procedures
(a) Welding must be performed by a qualified welder or welding operator in
accordance with welding procedures qualified under section 5, section 12 or
Appendix A of API Std 1104 (incorporated by reference, see §195.3), or section IX of
ASME Boiler and Pressure Vessel Code (BPVC) (incorporated by reference, see
§195.3). The quality of the test welds used to qualify welding procedures must be
determined by destructive testing.
Buckeye failed to perform butt welding of girth welds in accordance with welding procedures
qualified under section 5, section 12 or Appendix A of API Standard 1104 (incorporated by
reference, see §195.3), or section IX of ASME Boiler and Pressure Vessel Code (BPVC)
(incorporated by reference, see §195.3).
On October 2, 2015, NYSDPS inspectors conducted an inspection of the new piping that Buckeye
was installing on the west side of the Genesee River, approximately 15 miles southwest of
Rochester, NY. NYSDPS inspectors observed that X-52 line pipe had been delivered to the site
for welding. NYSDPS inspectors observed field welding, reviewed the records associated with the
project, and noted the following:
1. There were thirty-six X-52 to X-52 butt weld joints on this project.
2. Buckeye had a qualified welding procedure, Weld Procedure Specification (WPS) P2A, in
place for welding X-52 to X-52 pipe.
3. WPS P2A specified that E-6010 electrodes must be used for the first pass and that E-8010
electrodes must be used for passes 2 through 5.
4. The thirty-six butt weld joints had all been welded using WPS P2A with non-qualified E-
7010-P1 electrodes.
5. A contractor welding girth welds was using WPS P2A with non-qualified E7010-P1
electrodes. NYSDPS inspectors, the Buckeye Compliance Manager, and the Buckeye Area
Operations Manager were present when the welding was being performed.
On November 6, 2015, NYSDPS sent an email to Buckeye requesting clarifications related to
welding procedures and radiographic reports. NYSDPS inspectors also requested a copy of the
welding procedure that was used to weld the pipe on October 2, 2015, including qualification of
that procedure by destructive testing and documentation by weld map, visual, report, radiographic
report, or other record.
On November 20, 2015, Buckeye responded, stating the following:
“During Buckeye’s investigation of the welding procedure and welding rods used for the
project, it was confirmed that the welders who welded the API 5L X52 line pipe for the
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CPF 1-2016-5007
relocation used Lincoln Electric’s Shield‐ ARC HYP+ electrodes, which have an E7010‐ P1
designation, to join the API 5L X52 line pipe.
To demonstrate the suitability of the welding electrodes that were used for the relocated
section, Buckeye qualified a welding procedure using Lincoln Shield‐ Arc HYP+ electrodes
and surplus API 5L X52 line pipe material from the project. The use of Shield‐ Arc HYP+
electrodes for the API 5L X52 line pipe material exceeds the requirements in API 1104, thus
there is no safety or pipeline integrity concern.”
Please see Buckeye’s qualified welding procedure using Lincoln Shield‐ Arc HYP+ electrodes
and surplus API 5L X52 line pipe in the attachment on this correspondence.”
The WPS referenced by Buckeye in their email was WPS No. P12, dated 11/13/2015. It was
created after the 36 welds referenced above had been completed. The piping, constructed with
welds made using WPS 2A with the non-qualified E-7010-P1 electrodes, had been placed in
service.
Thus, Buckeye failed to perform butt welding of girth welds in accordance with welding
procedures qualified under section 5, section 12 or Appendix A of API Standard 1104
(incorporated by reference, see §195.3), or section IX of ASME Boiler and Pressure Vessel Code
(BPVC) (incorporated by reference, see §195.3).
Evidence for the probable violation includes observations and photographs taken by NYSDPS
inspectors at the construction site, welding procedures and welding rod specifications, maps, and
statements/correspondence between the NYSDPS and Buckeye.
Proposed Civil Penalty
Under 49 United States Code, §60122, you are subject to a civil penalty not to exceed $200,000
per violation per day the violation persists up to a maximum of $2,000,000 for a related series of
violations. For violations occurring prior to January 4, 2012, the maximum penalty may not exceed
$100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a related
series of violations. The Compliance Officer has reviewed the circumstances and supporting
documentation involved in the above probable violation(s) and has recommended that you be
preliminarily assessed a civil penalty of $38,200 as follows:
Item number PENALTY
1 $38,200
Proposed Compliance Order
With respect to item 1, pursuant to 49 United States Code §60118, the Pipeline and Hazardous
Materials Safety Administration proposes to issue an Amended Compliance Order to Buckeye
Partners, L.P. (Buckeye). Please refer to the Amended Proposed Compliance Order, which is
enclosed and made a part of this Amended Notice.
Response to this Amended Notice
Buckeye’s request for hearing, included in its Response dated June 1, 2017, was premature.
Buckeye did not request a hearing within thirty (30) days of receipt of the Original Notice and
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CPF 1-2016-5007
therefore waived its right to a hearing on the Original Notice, pursuant to 49 C.F.R. §190.208.
Pursuant to 49 C.F.R. §190.207(c), PHMSA may amend a notice of probable violation, including
remedial actions required under a proposed compliance order, at any time prior to issuance of a
final order. Following PHMSA’s amendment of a notice, the respondent will have another
opportunity to respond under 49 C.F.R. §190.208. At the time of Buckeye’s June 1, 2017
Response, PHMSA had not yet issued an amended notice. Accordingly, no notice, to which
Buckeye could request a hearing or otherwise respond, yet existed.
Enclosed as part of this Amended Notice is a document entitled Response Options for Pipeline
Operators in Compliance Proceedings. Please refer to this document and note the response
options. All materials submitted in response to this enforcement action may be made publicly
available. If you believe that any portion of your responsive material qualifies for confidential
treatment under 5 U.S.C. 552(b), along with the complete original document, you must provide a
second copy of the document with the portions you believe qualify for confidential treatment
redacted and an explanation of why you believe the redacted information qualifies for confidential
treatment under 5 U.S.C. 552(b). If you do not respond within 30 days of receipt of this Amended
Notice, this constitutes a waiver of your right to contest the allegations in this Amended Notice,
and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this
Amended Notice without further notice to you and 
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