# BUCKEYE PARTNERS, LP — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 195.402(a), 195.404(a)(1)(vi), 195.410(a)(1).
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- **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.

Official case documents:

120206001_Final Order_04102020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120206001/120206001_Final%20Order_04102020.pdf

120206001_Final Order_04102020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120206001/120206001_Final%20Order_04102020_text.pdf

120206001_NOPV PCP_01212020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120206001/120206001_NOPV%20PCP_01212020.pdf

120206001_NOPV PCP_01212020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120206001/120206001_NOPV%20PCP_01212020_text.pdf

120206001_Operator Response to Notice_02122020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120206001/120206001_Operator%20Response%20to%20Notice_02122020.pdf

120206001_Final Order_04102020_text.pdf

VIA EMAIL TO: ccsmith@buckeye.com, whollis@buckeye.com, and
cpankowski@buckeye.com
Mr. Clark C. Smith
Chairman, President, & Chief Executive Officer
Buckeye Partners, LP
Five TEK Park
9999 Hamilton Boulevard
Breinigsville, Pennsylvania 18031
Re: CPF No. 1-2020-6001
Dear Mr. Smith:
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation and assesses a civil penalty of $209,002. This is to acknowledge receipt of payment of
the full penalty amount, by wire transfer, dated February 19, 2020. This enforcement action is
now closed. Service of the Final Order by e-mail is effective upon the date of mailing 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
cc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA
Mr. Bill Hollis, Executive Vice President, Buckeye Services, Buckeye Partners, LP
Ms. Claudia Pankowski, Director of Regulatory Compliance, Buckeye Partners, LP
VIA EMAIL – 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. 1-2020-6001
)
)
)
Respondent. )
____________________________________)
FINAL ORDER
From July 23 - 26, 2018, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS) and the
Florida Public Services Commission, responded to and conducted an investigation into an
accident that occurred on Buckeye Partners, LP’s (Buckeye) Florida Everglades hazardous
liquids pipeline in Miami, Florida. Buckeye operates approximately 6,000 miles of pipeline and
stores and transports refined petroleum products from the Midwestern to the Eastern part of the
U.S.1
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated January 21, 2020, a Notice of Probable Violation and Proposed Civil Penalty
(Notice), which also included warnings pursuant to 49 C.F.R. § 190.205. In accordance with
49 C.F.R. § 190.207, the Notice proposed finding that Buckeye had violated 49 C.F.R.
§ 195.402(a) and proposed assessing a civil penalty of $209,002 for the alleged violation. The
warning items required no further action, but warned the operator to correct the probable
violations or face possible future enforcement action.
Buckeye responded to the Notice by letter dated February 12, 2020 (Response). The company
did not contest the allegation of violation and paid the proposed civil penalty of $209,002. In
accordance with 49 C.F.R. § 190.208(a)(1), such payment authorizes the Associate
Administrator to make a finding of violation and to issue this final order without further
proceedings. Respondent also submitted a statement concerning one of the warning items.
FINDING OF VIOLATION
The Notice alleged that Respondent violated 49 C.F.R. Part 195, as follows:
1 Buckeye Partners, LP, website, available at https://www.buckeye.com/AboutUs/tabid/54/Default.aspx (last
accessed Mar. 23, 2020)



CPF No. 1-2020-6001
Page 2
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402(a), which states:
§ 195.402 Procedural manual for operations, maintenance, and
emergencies.
(a) General. Each operator shall prepare and follow for each pipeline
system a manual of written procedures for conducting normal operations
and maintenance activities and handling abnormal operations and
emergencies. This manual shall be reviewed at intervals not exceeding 15
months, but at least once each calendar year, and appropriate changes made
as necessary to insure that the manual is effective. This manual shall be
prepared before initial operations of a pipeline system commence, and
appropriate parts shall be kept at locations where operations and
maintenance activities are conducted.
The Notice alleged that Respondent violated 49 C.F.R. § 195.402(a) by failing to follow its
manual of written procedures for conducting normal operations and maintenance activities.
Specifically, Buckeye failed to follow Sections 6.3.2 and 6.3.3 of its Damage Prevention
Procedure Manual, dated December 29, 2017, by failing to utilize the conductive method to
locate its pipeline, and failing to use a probe to search for and verify the pipeline’s location after
it had electronically located the line. The locating and subsequent marking of Buckeye’s Florida
Everglades Pipeline was performed in response to multiple one-call tickets requested on June 15
and July 18, 2018, by a third-party contractor for a water-line installation.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 195.402(a) by failing to follow its
own manual of written procedures for conducting normal operations and maintenance activities.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed
$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any
related series of violations.2 In determining the amount of a civil penalty under 49 U.S.C.
§ 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,
circumstances, and gravity of the violation, including adverse impact on the environment; the
degree of Respondent’s culpability; the history of Respondent’s prior offenses; any effect that
the penalty may have on its ability to continue doing business; and the good faith of Respondent
in attempting to comply with the pipeline safety regulations. In addition, I may consider the
economic benefit gained from the violation without any reduction because of subsequent
damages, and such other matters as justice may require. The Notice proposed a total civil
penalty of $209,002 for the violation cited above.
2 These amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223.



CPF No. 1-2020-6001
Page 3
Item 1: The Notice proposed a civil penalty of $209,002 for Respondent’s violation of
49 C.F.R. § 195.402(a), for failing to follow its manual of written procedures for conducting
normal operations and maintenance activities. Buckeye neither contested the allegation nor
presented any evidence or argument justifying elimination of the proposed penalty. Accordingly,
having reviewed the record and considered the assessment criteria, I assess Respondent a civil
penalty of $209,002 for violation of 49 C.F.R. § 195.402(a).
In summary, having reviewed the record and considered the assessment criteria for each of the
Items cited above, I assess Respondent a total civil penalty of $209,002, which amount was paid
in full by wire transfer on February 19, 2020.
WARNING ITEMS
With respect to Items 2 and 3, the Notice alleged probable violations of Part 195, but identified
them as warning items pursuant to § 190.205. The warnings were for:
49 C.F.R. § 195.404(a)(1)(vi) (Item 2) ─ Respondent’s alleged failure to maintain
current maps and records of its pipeline system, including the location of its
pipeline rights-of-way; and
49 C.F.R. § 195.410(a)(1) (Item 3) ─ Respondent’s alleged failure to place and
maintain line markers in sufficient number over a buried pipeline so that its
location could be accurately known.
In its Response, Buckeye requested withdrawal of Item 3, contending that it had complied with
the procedures in its Damage Prevention Program. Respondent’s response is noted, however,
under § 190.205, PHMSA does not adjudicate warning items to determine whether a probable
violation occurred nor does it make any findings regarding the merits of the operator’s response.
If OPS finds a violation of any of these items in a subsequent inspection, Respondent may be
subject to future enforcement action.
The terms and conditions of this order are effective upon service in accordance with 49 C.F.R.
§ 190.5.
April 10, 2020
___________________________________ __________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety
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