{"operation":"document","citation":"CPF 12025018WL","title":"BUCKEYE PARTNERS, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2025-05-20","effective_on":null,"summary":"CLOSED warning letter citing 195.55(a)(6).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025018wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025018wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025018wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12025018WL","body":"Warning Letter involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulation as 195.55(a)(6). The case was opened on 2025-05-20 and is reported as closed as of 2025-05-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12025018WL_Warning Letter_05202025_(23-268982).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025018WL/12025018WL_Warning%20Letter_05202025_(23-268982).pdf\n\n12025018WL_Warning Letter_05202025_(23-268982)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025018WL/12025018WL_Warning%20Letter_05202025_(23-268982)_text.pdf\n\n12025018WL_Warning Letter_05202025_(23-268982)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: trusso@buckeye.com\nMay 20, 2025\nMr. Todd Russo\nPresident and Chief Executive Officer\nBuckeye Partners, LP\n4200 Westheimer Road #975\nHouston, Texas 77027\nCPF 1-2025-018-WL\nDear Mr. Russo:\nFrom March 1, 2023 to June 6, 2023, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninvestigated Buckeye Partners, LP’s (Buckeye) February 28, 2023 Tank 1202 accident in Port\nReading, NJ.\nAs a result of the investigation, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violation is:\n1. § 195.55 Reporting safety-related conditions\n(a) Except as provided in paragraph (b) of this section,\neach operator shall report in accordance with § 195.56 the existence of\nany of the following safety-related conditions involving pipelines in\nservice:\n(1) …\n(6) Any safety-related condition that could lead to an imminent\nhazard and causes (either directly or indirectly by remedial action of\nthe operator), for purposes other than abandonment, a 20 percent or\nmore reduction in operating pressure or shutdown of operation of a\npipeline\n\n\n\nBuckeye failed to report the existence of any safety-related condition that could lead to an\nimminent hazard and causes shutdown of operation of a pipeline in accordance with section\n195.55(a)(6). Specifically, Buckeye failed to report a safety-related condition that took place on\nFebruary 2, 2023, at Port Reading Tank 1202.\nOn February 2, 2023, Buckeye investigated its Port Reading Tank 1202 due to alarm indications.\nUpon investigation, Buckeye personnel observed odor and noise that warranted facility evacuation.\nBuckeye determined that the internal steel pan floating roof had failed and sank, and the cone roof\nhad also inverted. Buckeye contacted the National Response Center (NRC) under NRC report\nnumber 1359098, with the report indicating the event to be only a potential release. Tank 1202\nwas subsequently drained and taken out of service for remediation. Buckeye did not submit a\nsubsequent accident report to PHMSA pursuant to section 195.54, indicative that the exception\nfound in section 195.55(b)(2) from reporting this as a safety-related condition was not applicable\nto this event. Buckeye also did not submit a safety-related condition report within five working\ndays after the day Buckeye determined the condition existed, but not later than 10 working days\nafter the day a representative of the Buckeye discovered the condition.\nBuckeye shutdown operation of the Tank 1202 because the failure of the internal steel pan floating\nroof and the compromised integrity of the cone roof could both lead to a fire, explosion, or the\nrelease of a significant amount of hazardous fluid. The inversion and loss of support of the cone\nroof represented an imminent hazard due to the potential for roof collapse. In fact, on February 28,\nthe cone roof of Tank 1202 partially collapsed and fell into the tank—resulting in a reportable\naccident—but this occurred after the deadline for filing a safety-related condition report.\nTherefore, Buckeye failed to report the existence of any safety-related condition that could lead to\nan imminent hazard and causes shutdown of operation of a pipeline in accordance with\nsection 195.55(a)(6).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$272,926 per violation per day the violation persists, up to a maximum of $2,729,245 for a related\nseries of violations. For violation occurring on or after December 28, 2023 and before December\n30, 2024, the maximum penalty may not exceed $266,015 per violation per day the violation\npersists, up to a maximum of $2,660,135 for a related series of violations. For violation occurring\non or after January 6, 2023 and before December 28, 2023, the maximum penalty may not exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related\nseries of violations. For violation occurring on or after March 21, 2022 and before January 6,\n2023, the maximum penalty may not exceed $239,142 per violation per day the violation persists,\nup to a maximum of $2,391,142 for a related series of violations. For violation occurring on or\nafter May 3, 2021 and before March 21, 2022, the maximum penalty may not exceed $225,134\nper violation per day the violation persists, up to a maximum of $2,251,334 for a related series of\nviolations. For violation occurring on or after January 11, 2021 and before May 3, 2021, the\nmaximum penalty may not exceed $222,504 per violation per day the violation persists, up to a\nmaximum of $2,225,034 for a related series of violations. For violation occurring on or after July\n31, 2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations.\n\n\n\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 may 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 1-2025-018-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","truncated":false,"body_characters":6909}