# BUCKEYE PARTNERS, LP — Safety Order

- **operation:** document
- **citation:** CPF 120195012S
- **title:** BUCKEYE PARTNERS, LP — Safety Order
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2019-12-05
- **effective on:** Not available
- **summary:** CLOSED safety order.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-120195012s.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-120195012s.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-120195012s
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/120195012S
**body:**

Safety Order involving BUCKEYE PARTNERS, LP. The dataset does not identify a cited regulation for this case. The case was opened on 2019-12-05 and is reported as closed as of 2021-05-28. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

120195012S_Closure Letter_05282021_(19-168035S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195012S/120195012S_Closure%20Letter_05282021_(19-168035S).pdf

120195012S_Closure Letter_05282021_(19-168035S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195012S/120195012S_Closure%20Letter_05282021_(19-168035S)_text.pdf

120195012S_Consent Agreement and Order_04272020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195012S/120195012S_Consent%20Agreement%20and%20Order_04272020.pdf

120195012S_Consent Agreement and Order_04272020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195012S/120195012S_Consent%20Agreement%20and%20Order_04272020_text.pdf

120195012S_Notice of Proposed Safety Order_12052019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195012S/120195012S_Notice%20of%20Proposed%20Safety%20Order_12052019.pdf

120195012S_Notice of Proposed Safety Order_12052019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195012S/120195012S_Notice%20of%20Proposed%20Safety%20Order_12052019_text.pdf

120195012S_Consent Agreement and Order_04272020_text.pdf

April 27, 2020
VIA ELECTRONIC MAIL TO: ccsmith@buckeye.com
Mr. Clark C. Smith
President and Chief Executive Officer
Buckeye Partners, LP
1 Greenway Plaza, Suite 600
Houston, Texas 77046
CPF No. CPF 1-2019-5012S
Dear Mr. Smith:
Enclosed please find a Consent Order incorporating the terms of the Consent Agreement between
the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Buckeye Partners, LP,
which was executed on April 27, 2020. Service of the Consent Order and Consent Agreement by
electronic mail is deemed effective upon the date of transmission 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: Order and Consent Agreement
cc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA
Ms. Linda Daugherty, Deputy Associate Administrator for Field Operations, PHMSA
Mr. Carl Ostach, Vice President, Domestic Operations, Buckeye Partners, LP,
costach@buckeye.com
Mr. Patrick Monaghan, Associate General Counsel and Chief Compliance Officer,
Buckeye Partners, LP, pmonaghan@buckeye.com
Ms. Claudia Pankowski, Director of Regulatory Compliance, Buckeye Partners, LP,
cpankowski@buckeye.com
CONFIRMATION OF 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. 1-2019-5012S
)
)
)
Respondent. )
____________________________________)
CONSENT ORDER
By letter dated December 5, 2019, the Pipeline and Hazardous Materials Safety Administration
(PHMSA), Office of Pipeline Safety, issued a Notice of Proposed Safety Order (Notice) to
Buckeye Partners, LP (Respondent).
In accordance with 49 C.F.R. § 190.239, the Notice alleged that conditions exist on
Respondent’s MU720DT (Line 720) pipeline near Marklesburg, Pennsylvania, that pose a
pipeline integrity risk to public safety, property, or the environment. The Notice proposed that
Respondent take certain corrective measures to remedy the alleged conditions and ensure that the
public, property, and the environment are protected from the potential risk.
In response to the Notice, Respondent requested an informal consultation, whereupon the parties
engaged in good-faith settlement discussions that have resulted in the Consent Agreement
attached to this Consent Order that settles all of the allegations in the Notice.
Accordingly, the Consent Agreement is hereby approved and incorporated by reference into this
Consent Order. The Respondent is hereby ordered to comply with the terms of the Consent
Agreement, effective immediately.
Pursuant to 49 U.S.C. 60101, et seq., failure to comply with this Consent Order may result in the
assessment of civil penalties of up to $200,000, as adjusted for inflation (see 49 C.F.R.
§ 190.223), for each violation for each day the violation continues or in referral to the Attorney
General for appropriate relief in a district court of the United States.
The terms and conditions of this Consent Order are effective upon service in accordance with
49 C.F.R. § 190.5.
April 27, 2020
Alan K. Mayberry Date
Associate Administrator
for Pipeline Safety



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. 1-2019-5012S
)
Respondent. )
)
CONSENT AGREEMENT
On December 5, 2019, pursuant to 49 C.F.R. § 190.239, the Pipeline and Hazardous Materials
Safety Administration (PHMSA), Office of Pipeline Safety (OPS or Agency), issued a Notice of
Proposed Safety Order (Notice) to Buckeye Partners, LP (Buckeye or Respondent). The Notice
alleged that conditions existed on Respondent’s MU720DT (Line 720) pipeline near Marklesburg,
Pennsylvania, that posed a pipeline integrity risk to public safety, property, or the environment.
Specifically, the Notice alleged that PHMSA had initiated an investigation and information review
of Line 720 following notification from the National Response Center (NRC) on November 18,
2019, that Line 720 had experienced a release of approximately 650 barrels of gasoline near
Marklesburg, Pennsylvania. The Notice did not cite a cause of the accident but noted that the
company had submitted a safety-related condition report to PHMSA several months earlier,
identifying 33 features meeting Buckeye’s “immediate repair condition” criteria and that the
failure had occurred at the site of a recent repair. The Notice also proposed that Respondent take
certain corrective measures to remedy the alleged conditions and ensure that the public, property,
and the environment are protected from the potential risk.
On December 13, 2019, Buckeye responded to the Notice by timely submitting a written response
and a request for an informal consultation under 49 C.F.R. § 190.239(b)(2). An informal
consultation was held on February 20, 2020, at PHMSA’s Eastern Region Office in West Trenton,
New Jersey.
As a result of the informal consultation, PHMSA and Buckeye (collectively, Parties) agreed that
settlement of this proceeding would avoid further administrative proceedings or litigation of the
Notice and that entry into this Consent Agreement (Agreement) would be the most appropriate
means of resolving the issues raised in the Notice and would generally be in the public interest.
Therefore, pursuant to 49 C.F.R. Part 190, without adjudication of any issue of fact or law, and
upon consent and agreement of Buckeye and PHMSA, the Parties agree as follows:



CPF 1-2019-5012S
Page 2
I. General Provisions
1. Respondent acknowledges that as the operator of Line 720, Buckeye and its Line 720
are subject to the jurisdiction of the Federal pipeline safety laws, 49 U.S.C. § 60101,
et seq., and the regulations and administrative orders issued thereunder. For purposes
of this Agreement, Respondent acknowledges that it received proper notice of
PHMSA’s action in this proceeding and that the Notice states claims upon which
relief may be granted pursuant to 49 U.S.C. § 60101, et seq., and the regulations and
orders issued thereunder. Line 720 is a 20-inch diameter line which transports refined
liquid petroleum products and runs approximately 77 miles from Mechanicsburg,
Pennsylvania, to Duncansville, Pennsylvania. The line is part of a 175-mile pipeline
system running from Reading, Pennsylvania, to Altoona, Pennsylvania. The
“Affected Segment” of Line 720 is defined in Paragraph 12 of this Agreement.
2. Respondent agrees, for purposes of this Agreement, to address the integrity risks
identified in the Notice by completing the actions specified in Section II of this
Agreement (Corrective Measures) and to abide by the terms of this Agreement. This
Agreement does not constitute a finding of violation of any Federal law or regulation
and may not be used in any civil or administrative proceeding of any kind as evidence
or proof of any fact, fault or liability, or as evidence of the violation of any law, rule,
regulation or requirement, except in a proceeding to enforce the provisions of this
Agreement.
3. After Respondent returns this signed Agreement to PHMSA, the Agency’s
representative will present it to the Associate Administrator for Pipeline Safety,
recommending that the Associate Administrator adopt the terms of this Agreement by
issuing an administrative order (Consent Order) incorporating the terms of this
Agreement. The terms of this Agreement constitute an offer of settlement until
accepted by the Associate Administrator. Once accepted, the Associate Administrator
will issue a Consent Order incorporating the terms of this Agreement.
4. Respondent consents to the issuance of the Consent Order incorporating this Consent
Agreement, and hereby waives any further procedural requirements with respect to
their issuance. Respondent waives all rights to contest the adequacy of notice, or the
validity of the Consent Order or this Agreement, including all rights to administrative
or judicial hearings or appeals, except as set forth herein.
5. This Agreement will apply to and be binding upon PHMSA, and upon Buckeye, its
officers, directors, and employees, and its successors, assigns, or other entities or
persons otherwise bound by law. Respondent agrees to provide a copy of this
Agreement and any incorporated work plans and schedules to all of Buckeye’s officers,
employees, and agents whose duties might reasonably include compliance with this
Agreement.
6. For any transfer of ownership or operating responsibility of Buckeye’s Line 720,
Respondent will provide a copy of this Agreement to the prospective transferee at least



CPF 1-2019-5012S
Page 3
30 days prior to such transfer and provide written notice of the transfer within 30 days
to the PHMSA Eastern Region Director (Director) who issued the Notice.
7. This Agreement constitutes the final, complete and exclusive agreement and
understanding between the Parties with respect to the settlement embodied in this
Agreement. The Parties acknowledge that there are no representations, agreements or
understandings relating to settlement other than those expressly contained in this
Agreement, except that the terms of this Agreement may be construed by reference to
the Notice.
8. Nothing in this Agreement affects or relieves Respondent of its responsibility to
comply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C.
§ 60101, et seq., and the regulations and orders issued thereunder. Nothing in this
Agreement alters PHMSA's right of access, entry, inspection, and information
gathering or PHMSA’s authority to bring enforcement actions against Buckeye
pursuant to the Federal pipeline safety laws, the regulations and orders issued
thereunder, or any other provision of Federal or State law.
9. This Agreement does not waive or modify any Federal, State, or local laws or
regulations that are applicable to Respondent’s pipeline systems. This Agreement is
not a permit, nor a modification of any permit, under any Federal, State, or local laws
or regulations. Buckeye remains responsible for achieving and maintaining
compliance with all applicable Federal, State, and local laws, regulations and permits.
10. This Agreement does not create rights in, or grant any cause of action to, any third party
not party to this Agreement. The U.S. Department of Transportation is not liable for
any injuries or damages to persons or property arising from acts or omissions of
Respondent or its officers, employees, or agents carrying out the work required by this
Agreement. Buckeye agrees to hold harmless the U.S. Department of Transportation,
its officers, employees, agents, and representatives from any and all causes of action
arising from any acts or omissions of Buckeye or its contractors in carrying out any
work required by this Agreement.
11. Upon issuance of the Consent Order, Buckeye agrees to perform the Corrective
Measures set forth below.
12. Definitions
A. The “Affected Segment” means the approximately 77 miles of Buckeye’s 20-
inch Line 720 pipeline running from the upstream Mechanicsburg Pump Station
(Mile Post 107.4) near Mechanicsburg in Cumberland County, Pennsylvania,
through the downstream Duncansville Pump Station (MP 184.7) near
Duncansville in Blair County, Pennsylvania. The “Affected Segment” generally
runs westerly through portions of Cumberland, Perry, Juniata, Huntingdon, and
Blair Counties in Pennsylvania.



CPF 1-2019-5012S
Page 4
B. The “Director” means the Director, Pipeline and Hazardous Materials Safety
Administration (PHMSA), Office of Pipeline Safety, Eastern Region. The
Director’s address is 840 Bear Tavern Road, Suite 300, West Trenton, New
Jersey 08628.
C. The “Failure” means the release of approximately 650 barrels of gasoline that
occurred on Buckeye’s 20-inch Line 720, which the NRC reported to PHMSA
on November 18, 2019.
II. Corrective Measures
Buckeye agrees to take the following corrective measures to address the Preliminary
Findings and Proposed Corrective Actions set forth in the Notice, as follows:
1. 2. 3. 4. Pressure Reduction. Buckeye shall maintain the existing operating-pressure reduction
for the Affected Segment that was initiated at the time of its filing the August 23, 2019
safety-related condition report with PHMSA. This pressure reduction is based on 80%
of the maximum pressure experienced in the 60 days prior to the in-line inspection (ILI)
tool trap date from Line 720’s July 12, 2019 assessment.
Removal of Pressure Restriction. The Director may allow the removal or modification
of the pressure restriction upon a written request from Respondent demonstrating that
restoring the pipeline to its normal operating pressure is justified based on a reliable
engineering analysis showing that the pressure increase is safe, considering all known
defects, anomalies, and operating parameters of the pipeline. The Director may also
consider a demonstration that temporary mitigative and preventive measures are
implemented prior to and during the temporary removal or modification of the pressure
restriction. The Director's determination will be based on the determined cause of the
Failure and evidence of the analyses and measures taken.
Review of Affected Segment. Buckeye must review and inspect the Affected Segment
for conditions similar to those of the Failure or other Buckeye-determined immediate
conditions it discovers, including a review of operating and maintenance and integrity
management records, such as, but not limited to, ILI results, hydrostatic tests, a root
cause failure analysis (RCFA) of the Failure, aerial and ground patrols, excavations,
and pipe replacements. Respondent must address any findings that require remedial
measures to be implemented within 30 days of discovery.
Metallurgical Testing. In accordance with the Notice, on March 30, 2020, Respondent
delivered to the Director a metallurgical testing report on the pipe joint that failed,
entitled Metallurgical Analysis of Leak at Girth Weld on 20-Inch Diameter 720L,
prepared by DVN-GL and dated March 27, 2020 (Metallurgical Report). Prior to
finalization of the Metallurgical Report, Respondent asked DVN-GL to simultaneously
provide a draft of the report, dated February 4, 2020, to PHMSA. Respondent
maintained chain-of-custody documentation for transporting the pipe to the DVN-GL
laboratory, and the metallurgical analysis followed established testing protocols.



CPF 1-2019-5012S
Page 5
5. 6. Additionally, arrangements were made to provide PHMSA with the opportunity for a
PHMSA representative to observe the metallurgical testing.
Root Cause Failure Analysis. Within 90 days following receipt of this Agreement and
Order, Buckeye must complete a RCFA and submit a final report of this RCFA to the
Director. The RCFA must be supplemented and facilitated by an independent third
party with prior written approval of the Director, and must document the decision-
making process used in the analysis and all factors contributing to the Failure. The
final report must include findings, any lessons learned, and whether the findings and
lessons learned are applicable to other locations within Buckeye’s pipeline system.
Remedial Work Plan. Within 90 days following receipt of this Agreement and Order,
Buckeye must submit a Remedial Work Plan (RWP) to the Director for approval. The
Director may approve the RWP incrementally without approving the entire RWP.
Buckeye must revise the RWP as necessary to incorporate new information obtained
during the Failure investigation and remedial activities, to incorporate the results of
actions undertaken pursuant to this Agreement, and to incorporate modifications
required by the Director. Buckeye must submit any such plan revisions to the Director
for prior approval. The Director may approve plan revisions incrementally. Once
approved by the Director, the RWP, and any revisions, will be incorporated by
reference into this Agreement. Buckeye must implement the RWP as approved by the
Director, including any revisions to the plan. The RWP must:
A. Specify the tests, inspections, assessments, evaluations, and remedial measures
Buckeye will use to verify the integrity of the Affected Segment. It must
address all known or suspected factors and causes of the Failure. Buckeye
should consider both the risk and potential consequence of another failure to
develop a prioritized schedule for RWP-related work along the Affected
Segment.
B. Include a procedure or process to identify pipe in the Affected Segment with
characteristics similar to the contributing factors identified for the Failure.
C. Include a procedure or process to gather all data necessary to review the failure
history (in service and pressure test failures) of the Affected Segment and to
prepare a written report containing all the available information such as the
locations, dates, and causes of leaks and failures.
D. Include a procedure or process to integrate the results of the metallurgical
testing, RCFA, and other corrective actions required by this Agreement with all
relevant pre-existing operational and assessment data for the Affected Segment.
Pre-existing operational data includes, but is not limited to, construction,
operations, maintenance, testing, repairs, prior metallurgical analyses, and any
third-party consultation information. Pre-existing assessment data includes, but
is not limited to, ILI tool runs, hydrostatic pressure testing, direct assessments,
close interval surveys, and DCVG/ACVG surveys.



CPF 1-2019-5012S
Page 6
E. Include a procedure or process to determine if conditions similar to those
contributing to the Failure are likely to exist elsewhere on the Affected
Segment.
F. Based on the results of the like and similar condition review, Buckeye shall:
i. Develop excavation prioritization criteria and perform inspections;
ii. Add the Affected Segment to the Buckeye Integrity Management Plan
Pipeline Supplemental Field Inspections protocol and commit to
manage the issue within its integrity management plan; and
iii. Evaluate the benefit of including inertial mapping unit tools to assist
with strain measurements.
G. Include a procedure or process to conduct additional field tests, inspections,
assessments, and/or evaluations to determine whether, and to what extent, the
conditions associated with the Failure or any other integrity threats are present
elsewhere on the Affected Segment. At a minimum, this process must consider
all failure causes and specify the use of one or more of the following:
i. ILI tools that are technically appropriate for assessing the pipeline
system based on the cause of the Failure, and that can reliably detect
and identify anomalies;
ii. Hydrostatic pressure testing;
iii. Close-interval surveys;
iv. Cathodic protection surveys, to include interference surveys in
coordination with other utilities (e.g. underground utilities, overhead
power lines, etc.) in the area;
v. Coating surveys;
vi. Stress corrosion cracking surveys;
vii. Selective seam corrosion surveys; and,
viii. Other tests, inspections, assessments, and evaluations appropriate for
the Failure causes.
Note: Buckeye may use the results of previous tests, inspections, assessments, and evaluations if
approved by the Director, provided the results of the tests, inspections, assessments, and
evaluations are analyzed with regard to the factors known or suspected to have caused the Failure.



CPF 1-2019-5012S
Page 7
H. Describe the inspection and repair criteria Buckeye will use to prioritize,
excavate, evaluate, and repair anomalies, imperfections, and other identified
integrity threats. Include a description of how any defects will be graded and a
schedule for repairs or replacement.
I. Based on the known history and condition of the Affected Segment, describe
the methods Buckeye will use to repair, replace, or take other corrective
measures to remediate the conditions associated with the Failure, and to address
other known integrity threats along the Affected Segment. The repair,
replacement, or other corrective measures must meet the criteria specified in
paragraph H, above.
J. Include a procedure or process to implement continuing long-term periodic
testing and integrity verification measures to ensure the ongoing safe operation
of the Affected Segment, considering the results of the analyses, inspections,
evaluations, and corrective measures undertaken pursuant to this Agreement.
K. Include a proposed schedule for completion of the RWP.
7. Schedule. The RWP must include a proposed timeline for completion of Corrective
Measures required in Paragraph 18.
8. Documentation. Respondent will retain on file documentation of compliance with the
RWP. Respondent will provide copies of such documentation to the Director upon
written request.
9. Monthly Reports. Buckeye must submit monthly reports to the Director that: (1)
include analyses of all available data and results of the testing and evaluations required
by this Agreement; (2) describe the progress of repairs and other remedial actions being
undertaken; and (3) document all mandated actions and management of change plans
to ensure that all procedural modifications are incorporated into Buckeye’s operations
and maintenance procedures manual. The first report will be due 30 days from issuance
of the Order.
10. Consent Agreement Documentation Report (CADR). When Buckeye has completed
all the items in this Agreement it will submit a final CADR in its entirety to the Director.
This will allow the Director to conduct a thorough review of all actions taken by
Buckeye with regards to this Agreement prior to approving the closure of this
Agreement. The intent is for the CADR to summarize all activities and documentation
associated with this Agreement in one document.
A. The Director may approve the CADR incrementally without approving the
entire CADR.
B. The CADR must include but is not limited to:



CPF 1-2019-5012S
Page 8
i. Table of Contents;
ii. Summary of the Failure, and the response activities;
iii. Summary of pipe data/properties and all prior assessments of the
Affected Segment;
iv. Summary of all tests, inspections, assessments, evaluations, and
analysis required by this Agreement;
v. Summary of the mechanical and metallurgical testing as required by this
Agreement;
vi. Summary of the RCFA with all root causes as required by this
Agreement;
vii. Documentation of all actions taken by Buckeye to implement the RWP,
the results of those actions, and the inspection and repair criteria used;
viii. Documentation of any revisions to the RWP including those necessary
to incorporate the results of actions undertaken pursuant to this
Agreement and whenever necessary to incorporate new information
obtained during the Failure investigation and remedial activities;
ix. Lessons learned while completing this Agreement;
x. A path forward describing specific actions Buckeye will take on its
entire pipeline system as a result of the lessons learned from work on
this Agreement; and
xi. Appendices (if required).
11. Extensions of Time. The Director may grant an extension of time for compliance with
any of the terms of this Agreement upon a written request timely submitted
demonstrating good cause for an extension. The Director will respond in writing to
any such request.
12. Documentation of Costs. It is requested (not mandated) that Respondent maintain
documentation of the safety improvement costs associated with fulfilling this
Agreement and submit the total to the Director, Eastern Region, Pipeline and
Hazardous Materials Safety Administration. It is requested that these costs be reported
in two categories: 1) total cost associated with preparation/revision of plans,
procedures, studies and analyses; and 2) total cost associated with replacements,
additions and other changes to pipeline infrastructure.
III. Review and Approval Process



CPF 1-2019-5012S
Page 9
1. With respect to any submission under Section II (Corrective Measures) of this
Agreement that requires the approval of the Director, the Director may: (a) approve, in
whole or in part, the submission; (b) approve the submission on specified, reasonable
conditions; (c) disapprove, in whole or in part, the submission; or (d) any combination
of the foregoing. If the Director approves, approves in part, or approves with
conditions, Buckeye will take all action as approved by the Director, subject to
Respondent’s right to invoke the dispute resolution procedures with respect to any
conditions the Director identifies. If the Director disapproves all or any portion of the
submission, the Director will provide Buckeye with a written notice of the deficiencies.
Respondent will correct all deficiencies within the time specified by the Director and
resubmit it for approval.
IV. Dispute Resolution
1. The Director and Buckeye will informally attempt to resolve any disputes arising under
this Agreement. If Respondent and the Director are unable to informally resolve the
dispute within 15 business days, Respondent may request in writing, within 10 days, a
written determination resolving the dispute from the Associate Administrator for
Pipeline Safety, PHMSA. Along with its request, Respondent will provide all
information that Respondent reasonably believes is relevant to the dispute. If the
request is submitted as provided herein, the Associate Administrator will issue a written
determination that shall constitute final agency action. The existence of a dispute and
PHMSA’s consideration of matters placed in dispute shall not excuse, toll, or suspend
any term or timeframe for completion of any work to be performed under this
Agreement during pendency of the dispute resolution process, except as agreed by the
Director or the Associate Administrator in writing.
V. Enforcement
1. This Agreement, as adopted by the Consent Order, is subject to all enforcement
authorities available to the PHMSA under 49 U.S.C. § 60101, et seq., and 49 C.F.R.
Part 190. All work plans and associated schedules set forth or referenced in Section II
will be automatically incorporated into this Agreement and are enforceable in the same
manner.
VI. Recordkeeping and Information Disclosure
1. Unless otherwise required in this Agreement, Buckeye agrees to maintain records
demonstrating compliance with all requirements of this Agreement for a period of at
least five years following completion of all work to be performed. For any reports,
plans, or other deliverables required to be submitted to PHMSA pursuant to this
Agreement, Respondent may assert a claim of business confidentiality or other
protections applicable to the release of information by PHMSA, covering part or all of
the information required to be submitted to PHMSA pursuant to this Agreement in
accordance with 49 C.F.R. Part 7. Respondent must mark the claim of confidentiality
in writing on each page, and include a statement specifying the grounds for each claim



CPF 1-2019-5012S
Page 10
of confidentially. PHMSA will determine the release of any information submitted
pursuant to this Agreement in accordance with 49 C.F.R. Part 7, the Freedom of
Information Act, 5 U.S.C. § 552, DOT and PHMSA policies, and other applicable
regulations and Executive Orders.
VII. Effective Date
1. The term “Effective Date,” as used herein, is the date on which the Consent Order is
issued by the Associate Administrator incorporating the terms of this Agreement.
Unless specified to the contrary, all deadlines for actions required by this Agreement
run from the Effective Date of the Consent Order.
VIII. Modification
1. The terms of this Agreement may be modified by mutual agreement of the Parties.
Such modifications must be in writing and signed by both parties.
IX. Termination
1. This Agreement and Order terminates upon completion of the Corrective Measures and
other actions within Section II, as determined by the Director. Buckeye may request
written confirmation from PHMSA when this Agreement and Order are terminated and
the Director will provide such confirmation within a reasonable time. Nothing in this
Agreement prevents Respondent from completing any of the obligations earlier than
the deadlines provided for in this Agreement.
X. Ratification
1. 2. The Parties’ undersigned representatives certify that they are fully authorized to enter
into the terms and conditions of this Agreement and to execute and legally bind such
party to this document.
The Parties hereby agree to all conditions and terms of this Agreement.
For Buckeye Partners, LP (Respondent):
April 21, 2020
_________________________________ ____________________________
Clark C. Smith Date
President and CEO
Buckeye Partners, LP
For PHMSA:



CPF 1-2019-5012S
Page 11
April 27, 2020
___________________________________ ___________________________
Alan K. Mayberry Date
Associate Administrator for Pipeline Safety
Pipeline and Hazardous Materials Safety
Administration
U.S. Department of Transportation

120195012S_Notice of Proposed Safety Order_12052019_text.pdf

OVERNIGHT EXPRESS DELIVERY
December 5, 2019
Mr. Carl Ostach
VP, Domestic Operations
Buckeye Partners, LP
9999 Hamilton Blvd, Suite 260
Breinigsville, PA 18031
CPF 1-2019-5012S
Dear Mr. Ostach:
Enclosed is a Notice of Proposed Safety Order (Notice) issued by the Pipeline and Hazardous
Materials Safety Administration (PHMSA) in the above-referenced case. The Notice proposes that
you take certain measures with respect to Buckeye Partners, LP’s (Buckeye) MU720DT (Line
720) pipeline near Marklesburg, PA. Your options for responding are set forth in the Notice. Your
receipt of the Notice constitutes service of that document under § 190.5.
We look forward to a successful resolution to ensure pipeline safety. Please direct any questions
on this matter to me at 609-771-7809.
Thank you for your cooperation in this matter.
Sincerely,
Robert Burrough
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
Enclosure: Notice of Proposed Safety Order
Copy of 49 C.F.R. § 190.239
cc: Ms. Linda Daugherty, Deputy Associate Administrator for Field Operations, PHMSA
Mr. Robert A Malecky, President, Domestic Pipelines and Terminals, Buckeye Partners,
LP; 9999 Hamilton Blvd, Suite 260 Breinigsville, PA 18031



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, )
a subsidiary of IFM Investors, ) CPF No. 1-2019-5012S
)
)
)
Respondent. )
_________________________________________ )
NOTICE OF PROPOSED SAFETY ORDER
Background and Purpose:
Pursuant to Chapter 601 of Title 49, United States Code, the Pipeline and Hazardous Materials
Safety Administration (PHMSA), U.S. Department of Transportation, has initiated an
investigation and information review of the safety of Buckeye Partners, LP’s (Buckeye) 20-inch
MU720DT (Line 720) hazardous liquids pipeline system.
The investigation was prompted after PHMSA was notified on November 18, 2019, by the
National Response Center of a reportable accident that occurred on Buckeye’s 20-inch Line 720
pipeline, which resulted in the release of approximately 650 barrels (bbl) of gasoline (the Failure).
The Failure occurred in a remote location and there were no reported injuries, fatalities or
evacuations and no product ignition occurred. The cause of the Failure has not yet been
determined.
As a result of the preliminary investigation, it appears conditions exist on your pipeline system
that pose an integrity risk to public safety, property, or the environment. Pursuant to 49 U.S.C. §
60117(l), PHMSA, Office of Pipeline Safety (OPS), issues this Notice of Proposed Safety Order
(Notice), notifying you of the preliminary findings of the investigation, and proposing that you
take certain measures to ensure that the public, property, and the environment are protected from
this integrity risk.
For the purposes of this Notice:
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“Affected Segment” means the approximately 77 miles of Buckeye’s 20-inch Line 720 pipeline
from the upstream Mechanicsburg Pump Station (Mile Post 107.4) near Mechanicsburg in
Cumberland County, Pennsylvania, through the downstream Duncansville Pump Station (MP
184.7) near Duncansville in Blair County, Pennsylvania. The “Affected Segment” generally runs
westerly through portions of Cumberland, Perry, Juniata, Huntingdon, and Blair Counties in
Pennsylvania.
"Isolated Segment" means the approximately 2.8-mile segment of Buckeye’s 20-inch Line 720
pipeline from the Clover Creek Road motor-operated valve (CCMOV) at pipeline station number
9085+61 (downstream of the Failure) to the Redstone Ridge Road manually-operated gate valve
(RRV) at pipeline station number 8939+22 (upstream of the Failure). It is the portion of the
“Affected Segment” that was shut-in after the Failure on November 18, 2019.
"Director" means the Director, Pipeline and Hazardous Materials Safety Administration
(PHMSA), Office of Pipeline Safety, Eastern Region. The Director’s address is 840 Bear Tavern
Road, Suite 300, West Trenton, NJ 08628
Preliminary Findings:
 Buckeye operates approximately 6,000 miles of pipeline located primarily in the
northeastern and upper Midwestern portions of the United States, and services over 100
delivery locations. These pipelines primarily transport liquid petroleum products,
including gasoline, jet fuel and a variety of distillates, from major supply sources to
terminals and airports located within end-use markets. Buckeye has 110 active terminals
that provide bulk storage and throughput services with respect to liquid petroleum
products and renewable fuels, including ethanol, and have an aggregate tank capacity of
over 56 million barrels. 1
 Buckeye is a wholly-owned subsidiary of IFM Investors, an investment management
company.2
 On August 23, 2019, Buckeye submitted a Safety-Related Condition Report to PHMSA
for Line 720. The report indicated that the line was assessed with a combination Geometry
(GEO) and Axial Magnetic Flux Leakage (AMFL) in-line inspection (ILI) tool run on July
12, 2019. Upon receipt of the preliminary ILI report, Buckeye discovered 33 features
meeting Buckeye’s immediate condition criteria under its integrity management program
1 Buckeye Partners Website, available at
https://www.buckeye.com/BusinessOperations/PipelineTransportationOperations/tabid/584/Default.aspx/ (last
accessed November 25, 2019).
2 IFM acquired Buckeye on November 1, 2019. Buckeye Partners website, available at
https://www.buckeye.com/LinkClick.aspx?fileticket=hMppeiwfjnw%3d&tabid=36 (last accessed November 25,
2019).
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required in 49 C.F.R. § 195.452.
 The failed pipeline, Line 720, is a 20-inch diameter line which transports refined liquid
petroleum products and runs approximately 77 miles from Mechanicsburg, PA, to
Duncansville, PA. The line is part of a 175-mile pipeline system which runs from Reading,
PA to Altoona, PA. The Failure occurred one mile northwest of Marklesburg, PA, along
a steep slope of Tussey Mountain. The nearest road is Mountain Rd in Huntingdon
County.
 The section of the Affected Segment near the Failure site was constructed in 1958. The
pipeline at the Failure site section consists of grade X-52, 20” seamless steel pipe
manufactured by National Tube, with a wall thickness of 0.281”. The pipeline is protected
by an impressed current cathodic protection system. In the area of the Failure site, the
pipeline has a coal tar enamel coating.
 The maximum operating pressure (MOP) of the Affected Segment is 1045 psig. At the time
of the Failure, the actual operating pressure for Line 720 at the top of the slope near the
Failure site was 70 psig, and 500 psig at the bottom of the slope.
 At approximately 7:05 a.m. EST on November 18, 2019, a work crew returning to the site
where they had been conducting ILI-based repairs on Line 720 in the weeks prior noticed
the smell of gasoline and began implementing Buckeye’s emergency response protocol.
The loss of pressure and product caused by the Failure was not identified by Buckeye’s
SCADA system alarms. The Failure is in a remote location on the side of a steep hill.
There were no reported injuries, fatalities, or evacuations, and the gasoline did not ignite.
 Buckeye’s Control Center was notified and immediately shut down Line 720. The
Isolated Segment was shut-in via the CCMOV and RRV, and currently remains out of
service. The CCMOV was closed at 7:10 a.m. EST, and the RRV was closed shortly after.
Mountain road was closed at approximately 8:00 a.m. EST by the local Fire Department.
 Initial calculations indicated a release volume of 650-barrels from the site of a recent
repair. Containment of the release was difficult due to the product flowing between the
cracked clay soil and rocky subsoil. As of 7:00 a.m. EST on November 25, 2019, 221-
barrels of product were reported to have been recovered.
 Buckeye indicated that the low flow rate of the leak was below the detectable limit for
Line 720’s LeakWarn leak detection system, and thus the leak was not discovered by its
control room.
 The PHMSA investigation is ongoing and the cause of the Failure is unknown at this time.
The leak has been determined to originate from beneath an approximately 11.5-foot Type-
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A steel repair sleeve installed during the week of November 5 to November 8, 2019. The
sleeve was installed to repair 2 top side dents with associated metal loss which met
Buckeye’s criteria for immediate conditions outside of High Consequence Areas (HCAs).
 On November 25, 2019, 160 feet of pipe containing multiple recent and legacy repairs
were cut out from the pipeline. The cutout section included 13 recently repaired Buckeye
immediate conditions for topside dents with metal loss in non-HCAs. This included the
pipe joint at the Failure site with the 11.5-foot Type-A sleeve in place and unaltered. This
specimen will be taken to the DNV GL lab in Dublin, Ohio for metallurgical analysis.
 Buckeye completed repair of the pipe segment using three (3) joints of pre-tested pipe on
November 26, 2019. Buckeye provided a refill and restart plan, which included
conducting a 1-hour pressure hold test to verify integrity. The line was returned to service
at 80% of the maximum pressure experienced in the 60 days pr
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