{"operation":"document","citation":"CPF 120175010M","title":"BUCKEYE PARTNERS, LP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-03-30","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(a), 195.402(f).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175010m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175010m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175010m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120175010M","body":"Notice of Amendment involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(f). The case was opened on 2017-03-30 and is reported as closed as of 2017-07-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120175010M_Closure Letter_07272017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175010M/120175010M_Closure%20Letter_07272017.pdf\n\n120175010M_Closure Letter_07272017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175010M/120175010M_Closure%20Letter_07272017_text.pdf\n\n120175010M_Notice of Amendment_03302017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175010M/120175010M_Notice%20of%20Amendment_03302017.pdf\n\n120175010M_Notice of Amendment_03302017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175010M/120175010M_Notice%20of%20Amendment_03302017_text.pdf\n\n120175010M_Operator Response to Notice_04132017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175010M/120175010M_Operator%20Response%20to%20Notice_04132017.pdf\n\n120175010M_Notice of Amendment_03302017_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nMarch 30, 2017\nThomas Collier, Vice President\nPerformance Assurance and Asset Integrity\nBuckeye Partners, L.P.\n5 Tek Park\n9999 Hamilton Boulevard\nBreinigsville, PA 18031\nCPF 1-2017-5010M\nDear Mr. Collier:\nOn September 22, 2015, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code had a conference call\nwith Buckeye Partners, L.P.’s (Buckeye) personnel to discuss its procedure for filing safety-related\ncondition reports (SRCRs) and the SRCR 20150093 dated July 31, 2015 regarding its in-service\npipeline, known as Line 762, in Nodaway, Missouri.\nBased on the discussion, PHMSA has identified the apparent inadequacy found within Buckeye\nplans 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 manual\nof written procedures for conducting normal operations and maintenance activities\nand handling abnormal operations and emergencies…\n(f) Safety-related condition reports. The manual required by paragraph (a) of this\nsection must include instructions enabling personnel who perform operation and\nmaintenance activities to recognize conditions that potentially may be safety-related\nconditions that are subject to the reporting requirements of §195.55.\nBuckeye’s 195 O&M Manual – B-02 Safety Related Conditions Updated: 8/15 (Manual) did not\nhave adequate instructions to enable personnel who perform operation and maintenance activities\n\n\n\nCPF 1-2017-5010M\nto recognize conditions that potentially may be safety-related conditions that are subject to the\nreporting requirements of §195.55 in accordance with §195.402(f).\nUnder §195.55, a SRCR must be filed by an operator when a certain kind of condition(s) involving\nits in-service pipeline arise in accordance with §195.56. Section 195.56(b)(7) states in part: “This\nreport must… provide the following information… description of the condition….”\nBuckeye filed a SRCR regarding a condition involving its Line 762. The PHMSA representative\nreviewed the SRCR and noted it lacked information about the condition. The SRCR stated:\n1. “Type of Condition: Pressure Reduction” and checked off “Pressure Reduction (20% or\n2. more).”\n“the 762 Line was shut down”\nThere was no description of the condition and it was unclear whether the pipeline was shut down\nor operating at a reduced pressure.\nOn September 9, 2015, the PHMSA representative e-mailed Buckeye requesting additional\ninformation about the SRCR. In an email dated September 11, 2015, Buckeye provided the\nresponses below and attached a copy of its procedure for safety-related conditions, 195 O&M\nManual – B-02 Safety Related Conditions Updated: 8/15 (Manual).\n1. 2. 3. 4. 5. Date and Time of Shut-down: 7/29/2015 @ 05:45 EST\nDate and Time of Start-up: 8/1/2015 @ 08:06 EST\nDate and Time of Pressure Reduction: 7/31/2015\nType of High Consequence Area: Buckeye’s HCA analysis indicates that\nno HCAs are affected by this location.\nRemedial Action Taken: The 762 line was shut down… The pipeline was\nrestarted on 8/1/2015 at a reduced operating pressure of 600 psi….\nOn September 22, 2015, the PHMSA representative had a conference call with Buckeye. During\nthe conference call, the PHMSA representative requested that Buckeye explain the pressure\nreduction on July 31, 2015. Buckeye stated that the valves were set to the reduced pressure on\nJuly 31, 2015. Buckeye also stated that Line 762 was shut down on July 29, 2015, and started up\non August 1, 2015, at the reduced pressure. The PHMSA representative also discussed with\nBuckeye its Manual and associated form 195 B-02 Form A - Safety Related Conditions 9/10 (this\nform is Buckeye’s SRCR template).\n1. The Manual, Section 3. Safety-Related Conditions Subsection 3.5 stated “20% or more\nreduction in operating pressure due to a safety-related condition that could lead to an\nimminent hazard.” Pursuant to §195.55(a)(6), any safety-related condition that could lead\nto an imminent hazard and causes (either directly or indirectly by remedial action of the\noperator), for purposes other than abandonment, a 20 percent or more reduction in\noperating pressure or shutdown of operation of a pipeline (emphasis added). The Manual\ndid not include information about shutting down the pipeline. Thus, the Manual did not\nhave adequate guidance needed to address shutting down Line 762 or any other pipeline in\nthe SRCR.\n120175010M_Notice of Amendment_03302017_text Page 2 of 4\n\n\n\nCPF 1-2017-5010M\n3. 2. The Manual, Section 2. Discovery defined the word “discovery” as it relates to the\nrequirements in the integrity management rule, referring to in-line inspection tools. The\nManual did not provide guidance on how personnel would discover a condition on a\npipeline that does not fall under the integrity management rule or accommodate an in-line\ninspection tool.\nThe Manual, Section 4. Determination did not define the word “determine.” The Manual\ndid not make a clear distinction between “determines” and “discovers.”\n4. The Manual, Section 6. Reporting Policy, Subsection 6.4 stated that reports “shall be\ncompleted to the PHMSA within ten days of discovery and/or five working days of\ndetermination (emphasis added).” This statement could be interpreted to mean there is an\noption for one or the other or both. According to §195.56 (a) a SRCR must be filed within\nfive working days (not including Saturday, Sunday, or Federal Holidays) after the day a\nrepresentative of the operator first determines that the condition exists, but not later than\n10 working days after the day a representative of the operator discovers the condition\n(emphasis added).\nIn conclusion, Buckeye’s Manual did not have adequate instructions to enable personnel who\nperform operation and maintenance activities to recognize conditions that potentially may be\nsafety-related conditions that are subject to the reporting requirements of §195.55 in accordance\nwith §195.402(f).\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 90 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\n120175010M_Notice of Amendment_03302017_text Page 3 of 4\n\n\n\nCPF 1-2017-5010M\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 1-2017-5010M 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\n120175010M_Notice of Amendment_03302017_text Page 4 of 4\n\n120175010M_Closure Letter_07272017_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nJuly 27, 2017\nThomas S. (Scott) Collier\nVice President, Performance Assurance\nBuckeye Partners, L.P.\n5 Tek Park\n9999 Hamilton Boulevard\nBreinigsville, PA 18031\nCPF 1-2017-5010M\nDear Mr. Collier:\nOn September 22, 2015, a representative from the Pipeline and Hazardous Materials Safety\nAdministration, pursuant to Chapter 601 of 49 United States Code, had a conference call with\nBuckeye Partners, L.P.’s (Buckeye) personnel to discuss Buckeye’s procedure for filing safety-\nrelated condition reports (SRCRs) and SRCR 20150093. As a result of the discussion, Buckeye\nwas issued a Notice of Amendment (NOA) on March 30, 2017, which proposed amendments to\nits procedure.\nBuckeye submitted its amended procedure and form on June 27, 2017. My staff reviewed the\namended procedure and form, and it appears that the inadequacies outlined in the NOA have been\ncorrected.\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":11046}