# BUCKEYE PARTNERS, LP — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 195.202.
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- **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.

Official case documents:

120175009_Final Order_07242017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175009/120175009_Final%20Order_07242017.pdf

120175009_Final Order_07242017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175009/120175009_Final%20Order_07242017_text.pdf

120175009_NOPV PCP_04032017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175009/120175009_NOPV%20PCP_04032017.pdf

120175009_NOPV PCP_04032017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175009/120175009_NOPV%20PCP_04032017_text.pdf

120175009_Operator Response to Notice_04132017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175009/120175009_Operator%20Response%20to%20Notice_04132017.pdf

120175009_Final Order_07242017_text.pdf

July 24, 2017
Mr. Clark C. Smith
President & CEO
Buckeye Partners, LP
One Greenway Plaza
Houston, Texas 77046
Re: CPF No. 1-2017-5009
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation and assesses a civil penalty of $36,600. This is to acknowledge receipt of payment of
the full penalty amount, by wire transfer, dated April 25, 2017. This enforcement action is now
closed. Service of the Final Order is deemed effective as 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
cc: Director, Eastern Region, Office of Pipeline Safety, PHMSA
Mr. Thomas S. Collier, Vice President, Performance Assurance and Asset Integrity,
Buckeye Partners, LP, Five Tek Park, 9999 Hamilton Boulevard, Breinigsville,
Pennsylvania 18031
CERTIFIED MAIL - RETURN 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. 1-2017-5009
)
Respondent. )
____________________________________)
FINAL ORDER
From September 28 through October 1, 2015, pursuant to 49 U.S.C. § 60117, a representative of
the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety
(OPS), conducted an on-site pipeline safety inspection of the facilities and records of the
Buckeye Partners, LP (Buckeye or Respondent), construction project in Toledo, Ohio. The
project included construction of approximately 1,800 feet of 12-inch-diameter pipe from
Buckeye’s existing Line 211 into its Toledo Station located in the City of Toledo. The project
also included the construction of one small mainline pump, two station booster pumps, six tank
booster pumps, and additional facility piping within the Toledo Station.1
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated April 3, 2017, a Notice of Probable Violation and Proposed Civil Penalty
(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Buckeye had
violated 49 C.F.R. § 195.202 and proposed assessing a civil penalty of $36,600 for the alleged
violation.
Buckeye responded to the Notice by letter dated April 13, 2017 (Response). The company did
not contest the allegation of violation and paid the proposed civil penalty of $36,600. In
accordance with 49 C.F.R. § 190.208(a)(1), such payment authorizes the Associate
Administrator to make a finding of violation and to issue this final order.
FINDING OF VIOLATION
In its Response, Buckeye did not contest the allegation in the Notice that it violated 49 C.F.R.
Part 195, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.202, which states:
1 Pipeline Safety Violation Report (Violation Report), (Apr. 3, 2017) (on file with PHMSA), at 1-2.



CPF No. 1-2017-5009
Page 2
§ 195.202 Compliance with specifications or standards.
Each pipeline system must be constructed in accordance with
comprehensive written specifications or standards that are consistent with
the requirements of this part.
The Notice alleged that Respondent violated 49 C.F.R. § 195.202 by failing to construct a
pipeline system in accordance with comprehensive written specifications or standards consistent
with Part 195. Specifically, the Notice alleged that Respondent failed to follow its written
construction procedures regarding weld quality control and acceptability. The record includes
Buckeye Procedure A-01, Section 6, Paragraph 6.2.4, which states that “[d]efects in welds that
do not meet code requirements for reasons other than 6.2.3 above may be repaired only once.”2
Records provided by Buckeye during the inspection show that two girth welds performed during
the course of the Toledo construction project were each repaired twice.3
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 195.202 by failing to construct a
pipeline system in accordance with comprehensive written specifications or standards consistent
with Part 195.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed
$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any
related series of violations.4 In determining the amount of a civil penalty under 49 U.S.C.
§ 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,
circumstances, and gravity of the violation, including adverse impact on the environment; the
degree of Respondent’s culpability; the history of Respondent’s prior offenses; and any effect
that the penalty may have on its ability to continue doing business; and the good faith of
Respondent in attempting to comply with the pipeline safety regulations. In addition, I may
consider the economic benefit gained from the violation without any reduction because of
subsequent damages, and such other matters as justice may require. The Notice proposed a total
civil penalty of $36,600 for the violation cited above.
Item 1: The Notice proposed a civil penalty of $36,600 for Respondent’s violation of 49 C.F.R.
§ 195.202, for failing to construct a pipeline system in accordance with comprehensive written
2 Id., at 6.
3 Id., at 6-7.
4 These amounts are adjusted annually for inflation. See, e.g., Pipeline Safety: Inflation Adjustment of Maximum
Civil Penalties, 82 Fed. Reg. 19325 (April 27, 2017).



CPF No. 1-2017-5009
Page 3
specifications or standards consistent with Part 195. Buckeye neither contested the allegation
nor presented any evidence or argument justifying elimination of the proposed penalty.
Accordingly, having reviewed the record and considered the assessment criteria, I assess
Respondent a civil penalty of $36,600 for the violation of 49 C.F.R. § 195.202. Payment for this
Item was received on April 25, 2017.
In summary, having reviewed the record and considered the assessment criteria for the Item cited
above, I assess Respondent a total civil penalty of $36,600.
The terms and conditions of this Final Order are effective upon service in accordance with
49 C.F.R. § 190.5.
July 24, 2017
___________________________________ __________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety
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