{"operation":"document","citation":"CPF 120195008W","title":"BUCKEYE PARTNERS, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-07-12","effective_on":null,"summary":"CLOSED warning letter citing 195.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195008w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195008w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195008w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120195008W","body":"Warning Letter involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulation as 195.202. The case was opened on 2019-07-12 and is reported as closed as of 2019-07-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120195008W_Warning Letter_07122019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195008W/120195008W_Warning%20Letter_07122019.pdf\n\n120195008W_Warning Letter_07122019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195008W/120195008W_Warning%20Letter_07122019_text.pdf\n\n120195008W_Warning Letter_07122019_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nJuly 12, 2019\nThomas S. (Scott) Collier\nVice President, Performance Assurance\nBuckeye Partners, L.P.\n9999 Hamilton Boulevard\nBreinigsville, PA 18031\nCPF 1-2019-5008W\nDear Mr. Collier:\nOn January 8-10, 2019 and January 29-31, 2019, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected your Broadway 2 Project in Toledo, Ohio.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violation are:\n1. § 195.202 Compliance with specifications or standards.\nEach pipeline system must be constructed in accordance with comprehensive written\nspecifications or standards that are consistent with the requirements of this part.\nBuckeye failed to construct its pipeline in accordance with its written specifications. Specifically,\nBuckeye did not follow its specifications for above grade painting of pipelines, Painting Above\nGrade Piping Systems, dated 6-22-2017 (CS-PL-001).\n120195008W_Warning Letter_07122019_text\n\n\n\nCPF 1-2019-5008W\nDuring the inspection, the PHMSA inspector reviewed Buckeye’s CS-PL-001. Section 12.2 stated\nin part: “The coating CONTRACTOR will be responsible for taking and recording all readings\nand recording them on the Buckeye supplied QC-PL-002, Above Grade Installed Paint Test\nRecord.” Section 12.2.4 stated in part regarding dry film thickness (DFT) “…DFT (Measure by\nSSPC PA-2. The DFT gage will have its calibration checked per SSPC PA-2 before the start of\nmeasurement and at least every four hours thereafter.)”\nSSPC PA-2, revised August 15, 2016, Sections 5.4 and 10.3 stated:\n5. Calibration, Verification of Accuracy and Adjustment…\n5.4 Record the serial number of the gage, the reference standard used, the stated thickness of\nthe reference standard as well as the measured thickness value obtained, and the method used\nto verify gage accuracy. If the same gage, reference standard, and method of verification are\nused throughout a job, they need to be recorded only once. The stated value of the standard\nand the measured value must be recorded each time accuracy is verified.\n…\n10. Report…\n10.3 The following items shall be reported: … 10.2 The thickness of the measured shim(s)\nused to adjust a Type 2 gage\nUpon the inspector’s request for records of the DFT calibration, Buckeye’s response in an email\ndated February 13, 2019 stated, “There is no documentation associated with using thickness shims.\nThese are designed to do a ‘self-check’ of your DFT gauge, before each shift or at operator’s\ndiscretion.”\nTherefore, as of the date of the inspection, by not reporting DFT calibration before the start of\nmeasurement and at least every four hours as required by CS-PL-001, Buckeye failed to construct\nthe Broadway 2 Project in accordance with its written specification.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$213,268 per violation per day the violation persists, up to a maximum of $2,132,679 for a related\nseries of violations. For violation occurring on or after November 2, 2015 and before November\n27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015, the\nmaximum penalty may not exceed $200,000 per violation per day, with a maximum penalty not to\nexceed $2,000,000 for a related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitem(s) identified in this letter. Failure to do so will result in Buckeye Partners, L.P. being subject\nto additional enforcement action.\n120195008W_Warning Letter_07122019_text Page 2 of 3\n\n\n\nCPF 1-2019-5008W\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, 840 Bear Tavern Road, Suite 300,\nWest Trenton, NJ 08628. Please refer to CPF 1-2019-5008W 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 USB flash drive accompanied by the\noriginal paper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120195008W_Warning Letter_07122019_text Page 3 of 3","truncated":false,"body_characters":5920}