BUCKEYE PARTNERS, LP — Notice of Probable Violation

party submissionOfficial PDF12023011NOPV_Operator Response to Notice_06022023_(21-207810).pdf#

case documentOfficial PDF12023011NOPV_PCP_05052023_(21-207810).pdf#

case documentOfficial PDF12023011NOPV_PCP_05052023_(21-207810)_text.pdf#

12023011NOPV_Final Order_06292023_(21-207810)_text.pdf, page 1Official PDFJune 29, 2023 VIA ELECTRONIC MAIL TO: trusso@buckeye.com Mr. Todd Russo Chief Executive Officer Buckeye Partners, L.P. 4200 Westheimer Road, Suite 975 Houston, Texas 77027 Re: CPF No. 1-2023-011-NOPV Dear Mr. Russo: Enclosed please find the Final Order issued in the above-referenced case. It makes findings of violation and assesses a civil penalty of $441,151. When the civil penalty has been paid, this enforcement action will be closed. Service of the Final Order by e-mail is effective upon the date of transmission and acknowledgement of receipt 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 Enclosures (Final Order and NOPV) cc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA Mr. Joseph Sauger, Executive Vice President and President, Pipelines and Terminals, Buckeye Partners, L.P., jsauger@buckeye.com Mr. Evan B. Hofmann, Senior Vice President, General Counsel and Secretary, Buckeye Partners, L.P., ehoffman@buckeye.com Ms. Claudia Pankowski, Director, Regulatory Compliance, Buckeye Partners, L.P., cpankowski@buckeye.com CONFIRMATION OF RECEIPT REQUESTED#

12023011NOPV_Final Order_06292023_(21-207810)_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) Buckeye Partners, L.P., ) CPF No. 1-2023-011-NOPV ) ) ) Respondent. ) ____________________________________) FINAL ORDER On May 5, 2023, pursuant to 49 C.F.R. § 190.207, the Director, Eastern Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation and Proposed Civil Penalty (Notice) to Buckeye Partners, L.P. (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 195 and proposed a civil penalty of $441,151. Respondent did not contest the allegations of violation or the proposed civil penalty. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 195.452(b)(5) (Item 1) ─ Respondent failed to follow its Integrity Management Program Manual – Appendix G-11 – Data Integration Procedure, dated 05/11/17, regarding reviews and integration of data from current and previous in-line inspection results. 49 C.F.R. § 195.446(a) (Item 3) – Respondent failed to follow its Operations and Maintenance Manual Appendix A – Automated Abnormal Operating Event Workflow, dated 01/16/17 (O&M), and Control Room Operating Manual, dated 12/18/19, regarding investigating Supervisory Control and Data Acquisition indications of a leak. These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. In accordance with 49 C.F.R. § 190.223, I assess Respondent a total civil penalty of $441,151. Payment of the civil penalty must be made within 20 days of service. Federal regulations (49 C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal Reserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed instructions are contained in the enclosure. Questions concerning wire transfers should be#

12023011NOPV_Final Order_06292023_(21-207810)_text.pdf, page 3directed to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169. The Financial Operations Division telephone number is (405) 954-8845. Failure to pay the $441,151 civil penalty will result in accrual of interest at the current annual rate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9, and 49 C.F.R. § 89.23. Pursuant to those same authorities, a late penalty charge of six percent (6%) per annum will be charged if payment is not made within 110 days of service. Furthermore, failure to pay the civil penalty may result in referral of the matter to the Attorney General for appropriate action in a district court of the United States. Warning Item With respect to Item 2, the Notice alleged a probable violation of 49 C.F.R. § 195.446(a), but did not propose a civil penalty or compliance order for this item. Therefore, this is considered to be a warning item. If OPS finds a violation of this provision 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. June 29, 2023 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#