{"operation":"document","citation":"CPF 12022057WL","title":"BUCKEYE PARTNERS, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-06-16","effective_on":null,"summary":"CLOSED warning letter citing 195.420(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022057wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022057wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022057wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12022057WL","body":"Warning Letter involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulation as 195.420(b). The case was opened on 2022-06-16 and is reported as closed as of 2022-06-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12022057WL_Warning Letter_06162022_(21-199295).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022057WL/12022057WL_Warning%20Letter_06162022_(21-199295).pdf\n\n12022057WL_Warning Letter_06162022_(21-199295)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022057WL/12022057WL_Warning%20Letter_06162022_(21-199295)_text.pdf\n\n12022057WL_Warning Letter_06162022_(21-199295)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nJune 16, 2022\nMr. Joseph Sauger\nSenior Vice President of Operations and Engineering\nBuckeye Partners, LP\nOne Greenway Plaza, Suite 600\nHouston, Texas 77046\nCPF 1-2022-057-WL\nDear Mr. Sauger:\nFrom April 12, 2021 to November 9, 2021, 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 Buckeye Partners, LP’s (Buckeye) pipeline system 17202 in New Jersey and\nPennsylvania.\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 item inspected and\nthe probable violation is:\n1. § 195.420 Valve Maintenance.\n(a) …\n(b) Each operator shall, at intervals not exceeding 71/2 months, but\nat least twice each calendar year, inspect each mainline valve to\ndetermine that it is functioning properly.\nBuckeye failed to inspect each mainline valve at intervals not exceeding 7 ½ months, but at least\ntwice each calendar year, to determine that it is functioning properly. Specifically, Buckeye failed\nin five instances to inspect mainline valves at intervals not exceeding 7 ½ months from 2018 to\n2020.\nDuring the inspection, the PHMSA inspector reviewed valve maintenance inspection records from\n2018 to 2020. Records indicated that certain valves were neither operated by hand nor remotely at\n\n\n\nCPF 1-2022-057-WL\nthe time of the valve inspection. The work order record for each valve inspection was marked as\ncomplete, although verification that the mainline valve was functioning properly was incomplete\nuntil the valve was exercised\nBuckeye's 195 O & M Manual, Procedure F-27 Main Line Valves & Valve Sites, issued June 2014\n(MLV Procedure)\n\"1.2 Each valve that is maintained as a normally open valve shall be exercised toward the\nclosed position at the time of the inspection.\n1.3 Each valve (branch or bypass) that is maintained as a normally closed valve shall\nremain closed at the time of the inspection. These valves are exercised during the normal\nconduct of pipeline operations and any problems discovered shall be reported by a Work\nOrder.\"\nBuckeye provided records identifying the dates valves were exercised. Noting that an inspection\no determine a mainline valve is functioning properly is not complete until the valve is examine\nnd exercised, four mainline valve inspections exceeded the 712 months interval. Additionally\ninstance a complete mainline valve inspection exceeded 7 ½ month interval.\nTable 1: Mainline Valve Inspections Exceeding 7 ½ months Interval\nD\nEquipment Tag\nPrevious Mainline\n\"Complete\nDate Mainline\nDays\nNumber\nValve Inspection Date Date\" *\nValve Exercised\nExceeding 7½\non\nMonths\nDT718DMV184C\n11/20/18\n5/8/19**\n11/15/19\n133 days\nDT722DGVOD\n6/04/18\n11/01/18**\n5/6/19\n107 days\nJH724JMV101A\n10/29/18**\n5/14/19**\n6/28/19\n26 days\nSN724SKV47B\n10/28/19**\n4/01/20**\n10/23/2020\n133 days\n10/23/2020\nJH725HSVOA\n4/08/19\n11/12/19**\nnone\n557 days\n4/03/2020**\n10/16/2020**\n*Identified as \"Complete Date\" per Buckeye's work order record of mainline valve inspections.\nHowever, inspection was not able to determine proper functionality for valve was not exercised\nduring this time.\n** Valve was not exercised.\n12022057WL_Warning Letter_06162022_(21-199295)_text\nPage 2 of 3\n\n\n\nCPF 1-2022-057-WL\nTherefore, Buckeye failed in five instances to inspect a mainline valve at intervals not exceeding\n7 ½ months, but at least twice each calendar year, to determine that they were functioning properly,\nas prescribed in § 195.420(b).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$239,142 per violation per day the violation persists, up to a maximum of $2,391,142 for a related\nseries of violations. For violation occurring on or after May 3, 2021 and before March 21, 2022,\nthe maximum penalty may not exceed $225,134 per violation per day the violation persists, up to\na maximum of $2,251,334 for a related series of violations. For violation occurring on or after\nJanuary 11, 2021 and before May 3, 2021, the maximum penalty may not exceed $222,504 per\nviolation per day the violation persists, up to a maximum of $2,225,034 for a related series of\nviolations. For violation occurring on or after July 31, 2019 and before January 11, 2021, the\nmaximum penalty may not exceed $218,647 per violation per day the violation persists, up to a\nmaximum of $2,186,465 for a related series of violations. For violation occurring on or after\nNovember 27, 2018 and before July 31, 2019, the maximum penalty may not exceed $213,268 per\nviolation per day, with a maximum penalty not to exceed $2,132,679. For violation occurring on\nor after November 2, 2015, and before November 27, 2018, the maximum penalty may not exceed\n$209,002 per violation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item identified in this letter. Failure to do so will result in\nBuckeye Partners, LP being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2022-057-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n12022057WL_Warning Letter_06162022_(21-199295)_text Page 3 of 3","truncated":false,"body_characters":6823}