{"operation":"document","citation":"CPF 12026052WL","title":"BUCKEYE PARTNERS, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2026-05-04","effective_on":null,"summary":"CLOSED warning letter citing 195.440(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026052wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026052wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026052wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12026052WL","body":"Warning Letter involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulation as 195.440(c). The case was opened on 2026-05-04 and is reported as closed as of 2026-05-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12026052WL_Operator Response to Notice_06032026_(25-332203).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026052WL/12026052WL_Operator%20Response%20to%20Notice_06032026_(25-332203).pdf\n\n12026052WL_Warning Letter_05042026_(25-332203).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026052WL/12026052WL_Warning%20Letter_05042026_(25-332203).pdf\n\n12026052WL_Warning Letter_05042026_(25-332203)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026052WL/12026052WL_Warning%20Letter_05042026_(25-332203)_text.pdf\n\n12026052WL_Warning Letter_05042026_(25-332203)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and\nHazardous Materials\nSafety Administration\n840 Bear Tavern Road, Suite 300\nWest Trenton, New Jersey 08628\n609.771.7800\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: trusso@buckeye.com\nMay 4, 2026\nTodd Russo\nPresident and Chief Executive Officer\nBuckeye Partners, LP\n4200 Westheimer Road #975\nHouston, Texas 77027\nCPF 1-2026-052-WL\nDear Mr. Russo:\nFrom March 17 through November 13, 2025, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), Eastern Region,\npursuant to Chapter 601 of Title 49 United States Code (U.S.C.), conducted an integrated\ninspection of Buckeye Partners, LP’s (Buckeye) facilities in Jacksonville, Florida.\nAs a result of the inspection, Eastern Region alleges that Buckeye has committed a probable\nviolation of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR) Part\n195. The item inspected and the probable violation is:\n1. § 195.440 Public awareness.\n(a) …\n(c) The operator must follow the general program\nrecommendations, including baseline and supplemental requirements\nof API RP 1162, unless the operator provides justification in its\nprogram or procedural manual as to why compliance with all or certain\nprovisions of the recommended practice is not practicable and not\nnecessary for safety.\n\n\n\nCPF 1-2026-052-WL\nBuckeye failed to follow the general program recommendations, including baseline and\nsupplemental requirements, of the American Petroleum Institute’s (API) Recommended Practice\n(RP) 1162 in its Public Awareness Program (PAP), and failed to provide justification in its\nprogram or procedural manual as to why compliance with all or certain provisions of the\nrecommended practice would not be practicable and would not be necessary for safety, in\naccordance with section 195.440(c). Specifically, Buckeye failed to follow the recommendations\nof section 8.3 in API RP 1162, which required measuring the development and implementation of\nthe PAP.\nSection 8.3 in API RP 1162 required the operator to complete an annual audit or review of the\nPAP’s development and implementation.\nDuring the inspection, PHMSA personnel requested records pertaining to Buckeye’s annual PAP\nimplementation review. Buckeye provided an annual review work order (WO) for each calendar\nyear from 2022 to 2024 and a log with annual revisions to its Public Awareness Manual. All annual\nwork orders were completed using a Management System for Maintenance Work Orders and listed\n“Review Manual” as the type of work.\nWork Order 2057801 dated June 23, 2023, and Work Order 2203113, dated September 20, 2024,\nlisted the Public Awareness Manual sections and whether changes were necessary for each section.\nHowever, the WOs failed to include any details regarding the reasoning behind why changes were\ndeemed necessary for certain sections. Therefore, Buckeye failed to record whether the PAP had\nbeen implemented and documented according to the written program in accordance with section\n8.3 in API RP 1162. Further, no specific measures listed in Appendix E in API RP 1162 were\npresented to demonstrate auditing of the program implementation.\nTherefore, Buckeye failed to follow the general program recommendations, including baseline and\nsupplemental requirements of API RP 1162, in accordance with section 195.440(c).\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 violations 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 violations 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 violations 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 violations 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 violations 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 violations occurring on or after July\n31, 2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nPage 2 of 3\n\n\n\nCPF 1-2026-052-WL\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations.\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 1-2026-052-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\ncc: Mark Copeland, Manager, Pipeline Safety & DOT Compliance,\nmcopeland@buckeye.com\nRobert Osika, Director, DOT Compliance, rosika@buckeye.com\nPage 3 of 3","truncated":false,"body_characters":7233}