{"operation":"document","citation":"CPF 120175009","title":"BUCKEYE PARTNERS, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-04-03","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175009.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175009.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175009","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120175009","body":"Notice of Probable Violation involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulation as 195.202. The case was opened on 2017-04-03 and is reported as closed as of 2017-07-24. Proposed civil penalty: $36,600. Assessed civil penalty: $36,600. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120175009_Final Order_07242017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175009/120175009_Final%20Order_07242017.pdf\n\n120175009_Final Order_07242017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175009/120175009_Final%20Order_07242017_text.pdf\n\n120175009_NOPV PCP_04032017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175009/120175009_NOPV%20PCP_04032017.pdf\n\n120175009_NOPV PCP_04032017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175009/120175009_NOPV%20PCP_04032017_text.pdf\n\n120175009_Operator Response to Notice_04132017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175009/120175009_Operator%20Response%20to%20Notice_04132017.pdf\n\n120175009_Final Order_07242017_text.pdf\n\nJuly 24, 2017\nMr. Clark C. Smith\nPresident & CEO\nBuckeye Partners, LP\nOne Greenway Plaza\nHouston, Texas 77046\nRe: CPF No. 1-2017-5009\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and assesses a civil penalty of $36,600. This is to acknowledge receipt of payment of\nthe full penalty amount, by wire transfer, dated April 25, 2017. This enforcement action is now\nclosed. Service of the Final Order is deemed effective as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Director, Eastern Region, Office of Pipeline Safety, PHMSA\nMr. Thomas S. Collier, Vice President, Performance Assurance and Asset Integrity,\nBuckeye Partners, LP, Five Tek Park, 9999 Hamilton Boulevard, Breinigsville,\nPennsylvania 18031\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. 1-2017-5009\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom September 28 through October 1, 2015, pursuant to 49 U.S.C. § 60117, a representative of\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the facilities and records of the\nBuckeye Partners, LP (Buckeye or Respondent), construction project in Toledo, Ohio. The\nproject included construction of approximately 1,800 feet of 12-inch-diameter pipe from\nBuckeye’s existing Line 211 into its Toledo Station located in the City of Toledo. The project\nalso included the construction of one small mainline pump, two station booster pumps, six tank\nbooster pumps, and additional facility piping within the Toledo Station.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated April 3, 2017, a Notice of Probable Violation and Proposed Civil Penalty\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Buckeye had\nviolated 49 C.F.R. § 195.202 and proposed assessing a civil penalty of $36,600 for the alleged\nviolation.\nBuckeye responded to the Notice by letter dated April 13, 2017 (Response). The company did\nnot contest the allegation of violation and paid the proposed civil penalty of $36,600. In\naccordance with 49 C.F.R. § 190.208(a)(1), such payment authorizes the Associate\nAdministrator to make a finding of violation and to issue this final order.\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:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.202, which states:\n1 Pipeline Safety Violation Report (Violation Report), (Apr. 3, 2017) (on file with PHMSA), at 1-2.\n\n\n\nCPF No. 1-2017-5009\nPage 2\n§ 195.202 Compliance with specifications or standards.\nEach pipeline system must be constructed in accordance with\ncomprehensive written specifications or standards that are consistent with\nthe requirements of this part.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.202 by failing to construct a\npipeline system in accordance with comprehensive written specifications or standards consistent\nwith Part 195. Specifically, the Notice alleged that Respondent failed to follow its written\nconstruction procedures regarding weld quality control and acceptability. The record includes\nBuckeye Procedure A-01, Section 6, Paragraph 6.2.4, which states that “[d]efects in welds that\ndo not meet code requirements for reasons other than 6.2.3 above may be repaired only once.”2\nRecords provided by Buckeye during the inspection show that two girth welds performed during\nthe course of the Toledo construction project were each repaired twice.3\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. § 195.202 by failing to construct a\npipeline system in accordance with comprehensive written specifications or standards consistent\nwith Part 195.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken 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.4 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\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 $36,600 for the violation cited above.\nItem 1: The Notice proposed a civil penalty of $36,600 for Respondent’s violation of 49 C.F.R.\n§ 195.202, for failing to construct a pipeline system in accordance with comprehensive written\n2 Id., at 6.\n3 Id., at 6-7.\n4 These amounts are adjusted annually for inflation. See, e.g., Pipeline Safety: Inflation Adjustment of Maximum\nCivil Penalties, 82 Fed. Reg. 19325 (April 27, 2017).\n\n\n\nCPF No. 1-2017-5009\nPage 3\nspecifications or standards consistent with Part 195. Buckeye neither contested the allegation\nnor presented any evidence or argument justifying elimination of the proposed penalty.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess\nRespondent a civil penalty of $36,600 for the violation of 49 C.F.R. § 195.202. Payment for this\nItem was received on April 25, 2017.\nIn summary, having reviewed the record and considered the assessment criteria for the Item cited\nabove, I assess Respondent a total civil penalty of $36,600.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nJuly 24, 2017\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":7800}