{"operation":"document","citation":"CPF 120185023W","title":"BUCKEYE PARTNERS, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-07-31","effective_on":null,"summary":"CLOSED warning letter citing 195.412(b), 195.420(a), 195.573(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185023w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185023w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185023w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120185023W","body":"Warning Letter involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulations as 195.412(b),  195.420(a),  195.573(c). The case was opened on 2018-07-31 and is reported as closed as of 2018-07-31. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120185023W_Warning Letter_07312018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185023W/120185023W_Warning%20Letter_07312018.pdf\n\n120185023W_Warning Letter_07312018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185023W/120185023W_Warning%20Letter_07312018_text.pdf\n\n120185023W_Warning Letter_07312018_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nJuly 31, 2018\nThomas S. (Scott) Collier\nVP, Performance Assurance and Asset Integrity\nBuckeye Partners, L.P.\nFive TEK Park\n9999 Hamilton Boulevard\nBreinigsville, PA 18031\nCPF 1-2018-5023W\nDear Mr. Collier:\nFrom June 22, 2017 to September 28, 2017, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), performed an integrated inspection of Buckeye Partners, L.P.’s (Buckeye) ‘Buckeye\nEast’ pipeline system located throughout Pennsylvania, New Jersey and 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. § 195.412 Inspection of rights-of-way and crossings under navigable waters.\n(b) Except for offshore pipelines, each operator shall, at intervals not exceeding\n5 years, inspect each crossing under a navigable waterway to determine the\ncondition of the crossing.\nBuckeye failed to inspect each crossing under a navigable waterway at intervals not exceeding\n5 years. Specifically, Buckeye failed to inspect its EP736BH line segment’s crossing of the\nWoodbury Creek navigable waterway prior to its first navigable waterway inspection completed\non 10/10/16.\nDuring the inspection, the PHMSA inspector reviewed records of navigable waterway crossing\ninspections. The PHMSA inspector reviewed the 10/10/16 inspection report for the EP736BH line\n\n\n\nCPF 1-2018-5023W\nsegment crossing of a navigable waterway identified as Hessian Run. When the PHMSA inspector\nrequested the date of the prior navigable waterway crossing inspection, Buckeye identified that\nprior inspections had not been conducted, as Buckeye had not identified this crossing as a\nnavigable waterway until 2015.\nA review of the data that National Pipeline Mapping System (NPMS) shares with pipeline\nOperators regarding commercially navigable waterways revealed that the Hessian Run was not\nconsidered a navigable waterway. However, Woodbury Creek, from which Hessian Run sources,\nhas been identified as a navigable waterway since at least 2000, when NPMS began publishing\nthis data. In follow-up emails, Buckeye confirmed that the EP736BH crossing inspected during\nthe 2016 inspection was not Hessian Run, but instead Woodbury Creek. Buckeye again confirmed\nthat prior to this 2016 inspection, navigable waterway inspections had not been performed for the\nEP736BH line segment’s crossing of Woodbury Creek.\nTherefore, Buckeye failed to inspect its EP736BH crossing of Woodbury Creek at intervals not\nexceeding 5 years.\n2. § 195.420 Valve Maintenance.\n(a) Each operator shall maintain each valve that is necessary for the safe operation of\nits pipeline systems in good working order at all times.\nBuckeye failed to maintain each valve on its 603 Line that is necessary for the safe operation of\nits pipeline system in good working order at all times.\nDuring the Linden field inspection on September 26, 2017, the PHMSA inspector requested that\nBuckeye cycle the Line 603 Hamilton Road Mainline Valve. During remote cycling the valve\nactuator stopped operating twice, with indications of overheating occurring each time. The\ninitiated maintenance repair work order, requested by the PHMSA inspector after the inspection,\ndocumented the valve transit shutdown being due to high temperature.\nThe overheating issues encountered indicate that Buckeye failed to maintain this mainline valve,\nnecessary for the safe operation of its pipeline system, in “good working order at all times” as\nrequired by § 195.420(a).\n3. § 195.573 What must I do to monitor external corrosion control?\n(c) Rectifiers and other devices. You must electrically check for proper performance\neach device in the first column at the frequency stated in the second column.\nDevice Check frequency\nRectifier At least six times each calendar year, but\nwith intervals not exceeding 2 ½ months\nBuckeye failed to electrically check each rectifier for proper performance at intervals not\nexceeding 2 ½ months. Specifically, Buckeye exceeded the 2 ½ month interval in 3 instances for\n3 rectifiers along its Line 714.\n120185023W_Warning Letter_07312018_text\nPage 2 of 3\n\n\n\nCPF 1-2018-5023W\nDuring the inspection, the PHMSA inspector reviewed 2014-2016 rectifier inspection records for\nthe ZG714SN and RG714ZG line segments. The records indicated that Buckeye failed to\nelectrically check rectifiers for proper performance on 3 inspection dates listed, by failing to check\nand record the rectifier voltage and amperage. As a result, the inspection intervals exceeded\n2 ½ months between adequate rectifier inspections as summarized in the table below:\nDays\nBetween\n127\n127\n125\nRectifier Location\nInterval\nStart\nInterval\nEnd\nWillow Creek Valve Site E-31 1/10/2015 5/17/2015 Bowers Road (E-43) 1/10/2015 5/17/2015 West Walnut Tree Rd (E-45) 9/7/2014 1/10/2015 Under 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, L.P. being subject to additional enforcement\naction.\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 1-2018-5023W 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\n120185023W_Warning Letter_07312018_text\nPage 3 of 3","truncated":false,"body_characters":7660}