{"operation":"document","citation":"CPF 120185015W","title":"BUCKEYE PARTNERS, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-05-10","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185015w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185015w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185015w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120185015W","body":"Warning Letter involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2018-05-10 and is reported as closed as of 2018-05-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120185015W_Operator Response To Notice_05242018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185015W/120185015W_Operator%20Response%20To%20Notice_05242018.pdf\n\n120185015W_Warning Letter_05102018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185015W/120185015W_Warning%20Letter_05102018.pdf\n\n120185015W_Warning Letter_05102018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185015W/120185015W_Warning%20Letter_05102018_text.pdf\n\n120185015W_Warning Letter_05102018_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nMay 10, 2018\nThomas S. (Scott) Collier\nVice President, Performance Assurance\nBuckeye Partners, L.P.\nFive TEK Park\n9999 Hamilton Boulevard\nBreinigsville, PA 18031\nCPF 1-2018-5015W\nDear Mr. Collier:\nOn June 27-28, 2017, an inspector from the New York State Department of Public Service\n(NYDPS), acting as Agent for the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected Buckeye\nPartners, L.P.’s (Buckeye) Buckeye East System in New York.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violation(s) are:\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\nbe reviewed at inervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a pipeline\nsystem commence, and appropriate parts shall be kept at locations where\noperations and maintenance activities are conducted.\nBuckeye failed to follow for each pipeline system a manual of written procedures for conducting\n\n\n\nCPF 1-2018-5015W\nnormal operations and maintenance activities. Specifically, Buckeye failed to follow Corrosion\nControl Manual C-02 Cathodic Protection Procedure, effective 04/11/2017 (Procedure C-02).\nThe PHMSA representative reviewed Buckeye’s Procedure C-02. Section 7.4.1 Condition\nInspection stated in part:\n“(3) Test the rectifier cabinet and junction boxes with voltmeter/voltage detector for presence of\nAC. Verify cabinet to soil voltage potential is less than 15 Volts AC. Ensure AC volt measurement\nis below 15 volts before touching the unit with your hand”\nDuring the field inspection, the PHMSA representative witnessed a rectifier inspection at\n1600 Linden Boulevard, Brooklyn, New York (New Lots Junction Rectifier). The corrosion\nspecialist did not use a voltmeter to test AC current prior to opening the rectifier box as required\nper Procedure C-02.\nTherefore, Buckeye failed to follow written Procedure C-02.\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\nbe reviewed at inervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a pipeline\nsystem commence, and appropriate parts shall be kept at locations where\noperations and maintenance activities are conducted.\nBuckeye failed to follow for each pipeline system a manual of written procedures for conducting\nnormal operations and maintenance activities. Specifically, Buckeye failed to follow O and M\nManual F-27: Main Line Valves & Valve Sites, issued 6/14 (Procedure F-27).\nThe PHMSA representative reviewed Buckeye’s Procedure F-27. Section 4 Leak Detection stated\nin part:\n“4.1 All mainline valves shall be inspected to verify that they are not leaking…\n4.1.3 For direct-buried valves, if the site has an inspection tube, remove the cap and lower a\nhazardous gas detector/PID meter into the pit to check vapor level. If the tube has standing water,\ncheck for product sheen. If no inspection tube exists, probe on each side of the valve and use a\nPID meter with a pump/sample line to check the probed holes for vapor level.”\nThe PHMSA representative witnessed a main line valve inspection at 1050 Forbell Street,\nBrooklyn, New York (Valve #45BK). Buckeye’s inspector did not use a hazardous gas detector\nnor PID meter to check vapor level as required per Procedure F-27.\nTherefore, Buckeye failed to follow written Procedure F-27.\n120185015W_Warning Letter_05102018_text Page 2 of 3\n\n\n\nCPF 1-2018-5015W\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$209,002 per violation per day the violation persists, up to a maximum of $2,090,022 for a related\nseries of violations. For violations occurring prior to November 2, 2015, the maximum penalty\nmay not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000\nfor a related series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item(s) identified in this letter.\nFailure to do so will result in Buckeye Partners, LP, being subject to additional enforcement action.\nPlease be advised that all material you submit in response to this enforcement action is subject to\nbeing made publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Robert Burrough, Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103,\nWest Trenton, NJ 08628. Please refer to CPF 1-2018-5015W on each document you submit, and\nwhenever possible provide a signed PDF copy in electronic format. Smaller files may be emailed\nto robert.burrough@dot.gov. Larger files should be sent on a CD accompanied by the original\npaper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120185015W_Warning Letter_05102018_text Page 3 of 3","truncated":false,"body_characters":7166}