{"operation":"document","citation":"CPF 220106002W","title":"BUCKEYE PARTNERS, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-04-15","effective_on":null,"summary":"CLOSED warning letter citing 195.420(b), 195.440.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220106002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220106002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220106002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220106002W","body":"Warning Letter involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulations as 195.420(b),  195.440. The case was opened on 2010-04-15 and is reported as closed as of 2010-04-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220106002W_warning letter_04152010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220106002W/220106002W_warning%20letter_04152010.pdf\n\n220106002W_warning letter_04152010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220106002W/220106002W_warning%20letter_04152010_text.pdf\n\n220106002W_warning letter_04152010_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 15, 2010\nMr. Jerry J. Ashcroft\nVice President, Field Operations\nBuckeye Pipeline Company, L.P.\nFive TEK Park\n9999 Hamilton Boulevard\nBreiningsville, Pennsylvania 18031\nCPF 2-2010-6002W\nDear Mr. Ashcroft:\nOn March 1-3, 2010, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\npipeline facilities in Ft. Lauderdale and Miami, Florida. Records were checked at the Port\nEverglades Pumping Station in Ft. Lauderdale, Florida.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations, Part 195. The items\ninspected and the probable violations are:\n1. §195.420 Valve maintenance.\n(b) Each operator shall, at intervals not exceeding 7 1/2 months, but at least twice each\ncalendar year, inspect each mainline valve to determine that it is functioning properly.\nBuckeye’s Everglades Pipeline main line valve (MLV) maintenance/inspection dates have\nexceeded the 7½-month interval by 9 days. One of the main line valves, EJ904FCV12A, was\nmaintained on April 11, 2007 with following maintenance date of December 5, 2007. The\nother main line valve, EJ904FCV17B, was maintained on April 11, 2007 with following\nmaintenance date of December 5, 2007 and also on April 9, 2008 with following maintenance\ndate of December 11, 2008.\n\n\n\n2. §195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see\n§195.3).\n(b) The operator's program must follow the general program recommendations of API\nRP 1162 and assess the unique attributes and characteristics of the operator's pipeline\nand facilities.\n(c) The operator must follow the general program recommendations, including baseline\nand supplemental requirements of API RP 1162, unless the operator provides justification\nin its program or procedural manual as to why compliance with all or certain provisions\nof the recommended practice is not practicable and not necessary for safety.\nBuckeye’s Everglades Pipeline transports jet fuel product. The brochure that is being mailed to\nmembers of the Affected Public along the Everglades Pipeline right-of-way is of a very general\nnature. This brochure contains some very good pipeline safety information that is applicable to\na variety of petroleum pipelines but this brochure does not contain information describing the\nunique attributes and characteristics of a jet fuel pipeline.\nAPI RP1162 requires the baseline message to the Affected Public to contain information on the\nlocation of the pipeline. The Affected Public brochure contains some good general information\non pipeline markers and the national pipeline mapping system (NPMS) but it does not contain\nany information on the location of Buckeye’s Everglades Pipeline.\nThere are 24 schools in the Dade and Broward counties which are in the close proximity to the\nBuckeye Pipeline Company and as such no periodic contacts were made with the schools\nregarding the eminent danger of the jet fuel product in case of possible spills.\n§195.440(c) specifically requires the operator’s public awareness program to implement the\nbaseline and supplemental requirements of API RP1162. No supplemental requirements have\nbeen implemented for the stakeholder audience of Affected Public. This is of particular\nconcern in the areas of higher population density such as the counties of Dade and Broward,\nwhere the pipeline runs between the backyards of houses, schools, and playgrounds.\nIn addition to the above cited items, Buckeye Pipeline Company failed to record the initial\ndates when the shorted casings were filled. This information is important in determining the\nneed for future monitoring.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of $1,000,000\nfor any related series of violation. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement action\nor penalty assessment proceedings at this time. We advise you to correct the item(s) identified\n2\n\n\n\nin this letter. Failure to do so will result in Buckeye Pipeline Company, L.P. being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 2-2010-6002W. 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\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nLinda Daugherty\nDirector, Southern Region\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":6003}