{"operation":"document","citation":"CPF 120206001","title":"BUCKEYE PARTNERS, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-01-21","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a), 195.404(a)(1)(vi), 195.410(a)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120206001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120206001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120206001","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120206001","body":"Notice of Probable Violation involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.404(a)(1)(vi),  195.410(a)(1). The case was opened on 2020-01-21 and is reported as closed as of 2020-04-10. Proposed civil penalty: $209,002. Assessed civil penalty: $209,002. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120206001_Final Order_04102020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120206001/120206001_Final%20Order_04102020.pdf\n\n120206001_Final Order_04102020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120206001/120206001_Final%20Order_04102020_text.pdf\n\n120206001_NOPV PCP_01212020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120206001/120206001_NOPV%20PCP_01212020.pdf\n\n120206001_NOPV PCP_01212020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120206001/120206001_NOPV%20PCP_01212020_text.pdf\n\n120206001_Operator Response to Notice_02122020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120206001/120206001_Operator%20Response%20to%20Notice_02122020.pdf\n\n120206001_Final Order_04102020_text.pdf\n\nVIA EMAIL TO: ccsmith@buckeye.com, whollis@buckeye.com, and\ncpankowski@buckeye.com\nMr. Clark C. Smith\nChairman, President, & Chief Executive Officer\nBuckeye Partners, LP\nFive TEK Park\n9999 Hamilton Boulevard\nBreinigsville, Pennsylvania 18031\nRe: CPF No. 1-2020-6001\nDear Mr. Smith:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and assesses a civil penalty of $209,002. This is to acknowledge receipt of payment of\nthe full penalty amount, by wire transfer, dated February 19, 2020. This enforcement action is\nnow closed. Service of the Final Order by e-mail is effective upon the date of mailing as\nprovided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA\nMr. Bill Hollis, Executive Vice President, Buckeye Services, Buckeye Partners, LP\nMs. Claudia Pankowski, Director of Regulatory Compliance, Buckeye Partners, LP\nVIA EMAIL – CONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of )\nBuckeye Partners, LP, ) CPF No. 1-2020-6001\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom July 23 - 26, 2018, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS) and the\nFlorida Public Services Commission, responded to and conducted an investigation into an\naccident that occurred on Buckeye Partners, LP’s (Buckeye) Florida Everglades hazardous\nliquids pipeline in Miami, Florida. Buckeye operates approximately 6,000 miles of pipeline and\nstores and transports refined petroleum products from the Midwestern to the Eastern part of the\nU.S.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated January 21, 2020, a Notice of Probable Violation and Proposed Civil Penalty\n(Notice), which also included warnings pursuant to 49 C.F.R. § 190.205. In accordance with\n49 C.F.R. § 190.207, the Notice proposed finding that Buckeye had violated 49 C.F.R.\n§ 195.402(a) and proposed assessing a civil penalty of $209,002 for the alleged violation. The\nwarning items required no further action, but warned the operator to correct the probable\nviolations or face possible future enforcement action.\nBuckeye responded to the Notice by letter dated February 12, 2020 (Response). The company\ndid not contest the allegation of violation and paid the proposed civil penalty of $209,002. In\naccordance with 49 C.F.R. § 190.208(a)(1), such payment authorizes the Associate\nAdministrator to make a finding of violation and to issue this final order without further\nproceedings. Respondent also submitted a statement concerning one of the warning items.\nFINDING OF VIOLATION\nThe Notice alleged that Respondent violated 49 C.F.R. Part 195, as follows:\n1 Buckeye Partners, LP, website, available at https://www.buckeye.com/AboutUs/tabid/54/Default.aspx (last\naccessed Mar. 23, 2020)\n\n\n\nCPF No. 1-2020-6001\nPage 2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402(a), which states:\n§ 195.402 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations\nand maintenance activities and handling abnormal operations and\nemergencies. This manual shall be reviewed at intervals not exceeding 15\nmonths, but at least once each calendar year, and appropriate changes made\nas necessary to insure that the manual is effective. This manual shall be\nprepared before initial operations of a pipeline system commence, and\nappropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.402(a) by failing to follow its\nmanual of written procedures for conducting normal operations and maintenance activities.\nSpecifically, Buckeye failed to follow Sections 6.3.2 and 6.3.3 of its Damage Prevention\nProcedure Manual, dated December 29, 2017, by failing to utilize the conductive method to\nlocate its pipeline, and failing to use a probe to search for and verify the pipeline’s location after\nit had electronically located the line. The locating and subsequent marking of Buckeye’s Florida\nEverglades Pipeline was performed in response to multiple one-call tickets requested on June 15\nand July 18, 2018, by a third-party contractor for a water-line installation.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.402(a) by failing to follow its\nown manual of written procedures for conducting normal operations and maintenance activities.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any\nrelated series of violations.2 In determining the amount of a civil penalty under 49 U.S.C.\n§ 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,\ncircumstances, and gravity of the violation, including adverse impact on the environment; the\ndegree of Respondent’s culpability; the history of Respondent’s prior offenses; any effect that\nthe penalty may have on its ability to continue doing business; and the good faith of Respondent\nin attempting to comply with the pipeline safety regulations. In addition, I may consider the\neconomic benefit gained from the violation without any reduction because of subsequent\ndamages, and such other matters as justice may require. The Notice proposed a total civil\npenalty of $209,002 for the violation cited above.\n2 These amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223.\n\n\n\nCPF No. 1-2020-6001\nPage 3\nItem 1: The Notice proposed a civil penalty of $209,002 for Respondent’s violation of\n49 C.F.R. § 195.402(a), for failing to follow its manual of written procedures for conducting\nnormal operations and maintenance activities. Buckeye neither contested the allegation nor\npresented any evidence or argument justifying elimination of the proposed penalty. Accordingly,\nhaving reviewed the record and considered the assessment criteria, I assess Respondent a civil\npenalty of $209,002 for violation of 49 C.F.R. § 195.402(a).\nIn summary, having reviewed the record and considered the assessment criteria for each of the\nItems cited above, I assess Respondent a total civil penalty of $209,002, which amount was paid\nin full by wire transfer on February 19, 2020.\nWARNING ITEMS\nWith respect to Items 2 and 3, the Notice alleged probable violations of Part 195, but identified\nthem as warning items pursuant to § 190.205. The warnings were for:\n49 C.F.R. § 195.404(a)(1)(vi) (Item 2) ─ Respondent’s alleged failure to maintain\ncurrent maps and records of its pipeline system, including the location of its\npipeline rights-of-way; and\n49 C.F.R. § 195.410(a)(1) (Item 3) ─ Respondent’s alleged failure to place and\nmaintain line markers in sufficient number over a buried pipeline so that its\nlocation could be accurately known.\nIn its Response, Buckeye requested withdrawal of Item 3, contending that it had complied with\nthe procedures in its Damage Prevention Program. Respondent’s response is noted, however,\nunder § 190.205, PHMSA does not adjudicate warning items to determine whether a probable\nviolation occurred nor does it make any findings regarding the merits of the operator’s response.\nIf OPS finds a violation of any of these items in a subsequent inspection, Respondent may be\nsubject to future enforcement action.\nThe terms and conditions of this order are effective upon service in accordance with 49 C.F.R.\n§ 190.5.\nApril 10, 2020\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":9536}