{"operation":"document","citation":"CPF 120175008M","title":"BUCKEYE PARTNERS, LP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-03-16","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175008m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175008m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175008m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120175008M","body":"Notice of Amendment involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2017-03-16 and is reported as closed as of 2017-05-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120175008M_Closure Letter_05222017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175008M/120175008M_Closure%20Letter_05222017.pdf\n\n120175008M_Closure Letter_05222017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175008M/120175008M_Closure%20Letter_05222017_text.pdf\n\n120175008M_Notice of Amendment_03162017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175008M/120175008M_Notice%20of%20Amendment_03162017.pdf\n\n120175008M_Notice of Amendment_03162017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175008M/120175008M_Notice%20of%20Amendment_03162017_text.pdf\n\n120175008M_Operator Response to Notice_04122017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175008M/120175008M_Operator%20Response%20to%20Notice_04122017.pdf\n\n120175008M_Notice of Amendment_03162017_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nMarch 16, 2017\nT. Scott Collier\nVP, Performance Assurance & Asset Integrity\nBuckeye Partners, L.P.\nFive TEK Park\n9999 Hamilton Boulevard\nBreinigsville, PA 18031\nCPF 1-2017-5008M\nDear Mr. Collier:\nOn July 12, 2016 through July 14, 2016, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nBuckeye Partners, L.P. (Buckeye) procedures for pipeline facilities in Breinigsville, PA.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nBuckeye’s plans or procedures, as described below:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective.\nThis manual shall be prepared before initial operations of a pipeline system\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nBuckeye’s procedures for conducting normal operations and maintenance activities and handling\nabnormal operations and emergencies were inadequate. Specifically, Buckeye’s procedures were\ninadequate in that they defined a blinded breakout tank as not jurisdictional.\nDuring the inspection, the PHMSA inspector reviewed Buckeye’s procedure for out-of-service\nDOT-regulated breakout tanks (195 O and M Manual Section F-37 DOT Mandated Aboveground\n\n\n\n1-2017-5008\nTank Inspection and Repairs, issued 6/80 revised 2/16). Section 2.1.2, stated “Out-of-Service\n(OOS) tanks are defined as empty and not able to receive product because they are blinded or air-\ngapped from all delivery lines, and therefore are not jurisdictional until placed back in-service.”\nPer §195.2 Definitions\nBreakout tank means a tank used to (a) relieve surges in a hazardous liquid pipeline system or (b)\nreceive and store hazardous liquid transported by a pipeline for reinjection and continued\ntransportation by pipeline.\nA blind is a temporary means of preventing flow, allowing the breakout tank to be put back into\nservice by removing the blind. A blind is not a permanent disconnect of a breakout tank.\nA breakout tank that is able to receive and store hazardous liquid for reinjection and continued\ntransportation by pipeline is a jurisdictional breakout tank.\n2. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective.\nThis manual shall be prepared before initial operations of a pipeline system\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nBuckeye’s procedures for conducting normal operations and maintenance activities and handling\nabnormal operations and emergencies were inadequate. Specifically, Buckeye’s procedures were\ninadequate in that they did not provide dates that the original or revised procedures took effect.\nDuring the inspection, the PHMSA inspector reviewed the following Buckeye’s procedures.\n1. Atmospheric Corrosion Procedure, Corrosion Control Manual\n2. 195 O and M Manual, F-28: Security Fences, Issued 4/13\n3. Corrosion Control Manual, Appendix F-1, Close Interval Potential Survey Specification,\nLast review 04/16\nThe Atmospheric Corrosion Procedure did not have a date or revision number. Buckeye stated that\nthe Atmospheric Corrosion Procedure has been revised.\nF-28 procedure identified a date as issued, however it was not clear if the issued date is the date\nthe document was created or last revised.\nAppendix F-1 identified a date as last review, however it is not clear, if the last review date had\nchanges to the procedure, or if it is identical to another review of the procedure.\n120175008M_Notice of Amendment_03162017_text Page 2 of 5\n\n\n\n1-2017-5008\n3. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective.\nThis manual shall be prepared before initial operations of a pipeline system\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nBuckeye’s procedures for conducting normal operations and maintenance activities and handling\nabnormal operations and emergencies were inadequate. Specifically, Buckeye’s procedures for\nconducting normal operations failed to provide sufficient guidance on how to provide protection\nfor each pumping station and breakout tank area and other exposed facility from vandalism and\nunauthorized entry as per §195.436.\nDuring the inspection, the PHMSA inspector reviewed Buckeye’s procedure F-28 Security Fences\n(195 O and M Manual, F-28: Security Fences, Issued 4/13). The procedure stated, “1.1 Pump\nstations, breakout tanks, and other exposed facilities (i.e., mainline valves, scraper traps, etc.) shall\nbe protected from vandalism and unauthorized entry. If the facilities are not in a secure area, a\nsecurity fence shall be installed and maintained.”\nThe procedure did not define a secure area. It is unclear which areas are considered secure and\nwhich require the installation of a security fence.\nBuckeye stated that security for pipeline mainline valves is accomplished by a fence, locked vault\nor cameras. The PHMSA inspector requested a procedure discussing the use of vaults or cameras.\nBuckeye responded (email dated September 23, 2016), “Buckeye does not have a specific\nprocedure for securing vaults.”\nThus, Buckeye’s procedure for security of facilities was inadequate in that it failed to define a\nsecure area and failed to provide guidance on securing vaults or using cameras.\n4. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective.\nThis manual shall be prepared before initial operations of a pipeline system\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nBuckeye’s procedures for conducting normal operations and maintenance activities and handling\nabnormal operations and emergencies were inadequate. Specifically, Buckeye’s procedures were\ninadequate in that they referenced an outdated computer program.\n120175008M_Notice of Amendment_03162017_text Page 3 of 5\n\n\n\n1-2017-5008\nDuring the inspection, the PHMSA inspector reviewed Buckeye’s procedure for Firefighting\nEquipment (195 O and M Manual Section F-36 Firefighting Equipment, revised 5/11/2016).\nSection 4.1 stated “Report the completed monthly and annual inspection on the Enterprise Asset\nManagement (EAM) system.” The PHMSA inspector asked about the EAM. Buckeye explained\nthat EAM was a computer program used in the past and that the EAM has been changed to a\nprogram called JD Edwards Enterprise One. The procedure did not reflect the change to a new\nprogram.\n5. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective.\nThis manual shall be prepared before initial operations of a pipeline system\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nBuckeye’s procedures for conducting normal operations and maintenance activities and handling\nabnormal operations and emergencies were inadequate. Specifically, Buckeye’s procedures for\nmaintaining signs visible to the public around each pumping station and breakout tank area\ncontaining the name of the operator and a telephone number (including area code) where the\noperator can be reached at all times as per §195.434 was inadequate.\nDuring the inspection, the PHMSA inspector reviewed Buckeye’s procedure for Security Fences\n(195 O and M Manual, F-28: Security Fences, issued 4/13) and performed a site visit at Buckeye’s\nEverglades Facility and Miami Terminal.\n1. Buckeye procedure F-28 Exhibit A - Emergency Officiation Sign stated in part that, “In an\nEmergency phone Buckeye Partners, L.P. Breinigsville, Pennsylvania 1-800-331-4115.”\n2. Signs posted along the Everglades Facility and Miami Terminal property read: “In an\nemergency phone collect Mt. Belvieu, TX 1-866-514-8380 or Port Everglades, FL 1-800-\n345-0983”. The PHMSA inspector asked Buckeye about the two numbers on the sign.\nBuckeye stated that the top number is the calling center in Mt. Belvieu, TX (1-866-514-\n8380), the bottom number calls the Everglades Facility directly (1-800-345-0983).\n3. Buckeye provided a purchase order (OP-163572 dated 11/15/16) for the purchase of 400\nsigns in English and Spanish. The sign is to read,” Emergency Buckeye Partner, L.P.\nMont Belvieu, TX 1-866-514-8380...”\n4. The National Registry lists the operator name as Buckeye Partners, LP for this pipeline\nlocated in Florida. The 24-hour phone number provided in the National Registry is\nMt. Belvieu, TX 866-514-8380.\nThe phone number referenced in Buckeye’s procedure did not match the number posted on the\nsigns in the field or in the National Registry.\n120175008M_Notice of Amendment_03162017_text Page 4 of 5\n\n\n\n1-2017-5008\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond 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).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 60 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that Buckeye maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Robert Burrough, Acting Director, PHMSA Eastern Region,\n820 Bear Tavern Road, Suite 103, West Trenton, NJ 08628. In correspondence concerning this\nmatter, please refer to CPF 1-2017-5008M, and for each document you submit, please provide a\ncopy in electronic format whenever possible.\nSincerely,\nRobert Burrough\nActing Director, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n120175008M_Notice of Amendment_03162017_text Page 5 of 5\n\n120175008M_Closure Letter_05222017_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nMay 22, 2017\nThomas S. (Scott) Collier\nVice President, Performance Assurance\nBuckeye Partners, L.P.\nFive TEK Park\n9999 Hamilton Boulevard\nBreinigsville, PA 18031\nCPF 1-2017-5008M\nDear Mr. Collier:\nFrom July 12, 2016 through July 14, 2016; a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of Buckeye Partners, L.P. (Buckeye) procedures in\nBreinigsville, PA. As a result of the inspection, Buckeye was issued a Notice of Amendment on\nMarch 16, 2017; which proposed amendment of your procedures.\nBuckeye submitted its amended procedures on April 12, 2017 and May 12, 2017. My staff\nreviewed the amended procedures, and it appears that the inadequacies outlined in this Notice of\nAmendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nRobert Burrough\nActing Director, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":15641}