{"operation":"document","citation":"CPF 220126016M","title":"BUCKEYE PARTNERS, LP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-07-31","effective_on":null,"summary":"CLOSED notice of amendment citing 195.405(a), 195.420(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126016m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126016m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126016m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220126016M","body":"Notice of Amendment involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulations as 195.405(a),  195.420(b). The case was opened on 2012-07-31 and is reported as closed as of 2012-09-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220126016M_closure letter_09142012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126016M/220126016M_closure%20letter_09142012.pdf\n\n220126016M_closure letter_09142012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126016M/220126016M_closure%20letter_09142012_text.pdf\n\n220126016M_notice of amendment_07312012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126016M/220126016M_notice%20of%20amendment_07312012.pdf\n\n220126016M_notice of amendment_07312012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126016M/220126016M_notice%20of%20amendment_07312012_text.pdf\n\n220126016M_operator response_08312012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126016M/220126016M_operator%20response_08312012.pdf\n\n220126016M_notice of amendment_07312012_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 31, 2012\nMr. T. Scott Collier\nVice President, Performance Assurance & Asset Integrity\nBuckeye Partners, LP\nFive Tek Park\n9999 Hamilton Blvd.\nBreinigsville, PA 18031\nCPF 2-2012-6016M\nDear Mr. Collier:\nFrom March 26-28, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) inspected the Buckeye Partners, LP (Buckeye) Everglades Pipeline\nin Port Everglades, FL, pursuant to Chapter 601 of 49 United States Code.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies within\nBuckeye’s written operations and maintenance (O&M) procedures, as described below:\n1. § 195.405 Protection against ignitions and safe access/egress involving floating roofs.\n(a) After October 2, 2000, protection provided against ignitions arising out of static\nelectricity, lightning, and stray currents during operation and maintenance activities\ninvolving aboveground breakout tanks must be in accordance with API\nRecommended Practice 2003, unless the operator notes in the procedural manual\n(§195.402(c)) why compliance with all or certain provisions of API Recommended\nPractice 2003 is not necessary for the safety of a particular breakout tank.\nBuckeye’s written O&M procedures (i.e. 195 O&M Manual F-37 Aboveground Tanks)\ndid not convey how Buckeye provided protection against ignitions arising out of static\nelectricity, lightning, and stray currents during operations and maintenance activities\ninvolving above ground breakout tanks or explain why compliance with all or certain\nprovisions of API Recommended Practice 2003 was not necessary for the safety of a\nparticular breakout tank.\n\n\n\n2. § 195.420 Valve maintenance.\n. . . (b) Each operator shall, at intervals not exceeding 7½ months, but at least twice\neach calendar year, inspect each mainline valve to determine that it is functioning\nproperly.\nBuckeye’s written O&M procedures (i.e. 195 O&M Manual F-27 - Mainline Valves and\nValve Sites) did not clearly require Buckeye to adequately inspect each mainline valve to\ndetermine that it functioned properly.\nBuckeye’s procedure F-27 - Mainline Valves and Valve Sites, paragraph 2.6.1 stated,\n“Valves that can be operated by the Control Center should [emphasis added] be operated\nby the Control Center during this inspection to ensure remote functionality.” The word\n“should” is commonly defined to mean an obligation; yet, when conveying an obligation\n“should” is not as clear as words such as “must” or “shall.\n” The Everglades Pipeline\nhad seven mainline valves with remote control capability; therefore, Buckeye’s\nprocedures must clearly obligate it to test the functionality of the remote operation of\nthese valves.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 30 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIt is requested (not mandated) that Buckeye Partners, LP maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision\nof plans, procedures) and submit the total to Wayne T. Lemoi, Director, Southern Region,\nPipeline and Hazardous Materials Safety Administration. In correspondence concerning this\n2\n\n\n\nmatter, please refer to CPF 2-2012- 6016M and, for each document you submit, please\nprovide a copy in electronic format whenever possible.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3\n\n220126016M_closure letter_09142012_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 14, 2012\nMr. T. Scott Collier\nVice President, Performance Assurance & Asset Integrity\nBuckeye Partners, LP\nFive Tek Park\n9999 Hamilton Blvd.\nBreinigsville, PA 18031\nCPF 2-2012-6016M\nDear Mr. Collier:\nFrom March 26-28, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, Office of Pipeline Safety inspected the Buckeye\nPartners, LP (Buckeye) Everglades Pipeline written operations and maintenance (O&M)\nprocedures manual in Port Everglades, Florida, pursuant to Chapter 601 of 49 United States\nCode. As a result of the inspection, PHMSA issued a Notice of Amendment (NOA) on\nJuly 31, 2012.\nThe PHMSA Southern Region received Buckeye’s first response letter to the NOA dated\nAugust 31, 2012 and a second response via email on September 12, 2012. We have reviewed\nthe responses and find them adequate. This letter is to inform you that Buckeye has complied\nwith the terms of the NOA and that no further action is necessary with regards to the NOA.\nThis case is now closed.\nPlease be advised that this letter refers only to the NOA (CPF 2-2012-6016M) and not to any\nother PHMSA pending cases. Also be advised that nothing herein states or implies that the\nabove described O&M procedures meet the requirements of the federal pipeline safety\nregulations or that the O&M procedures are approved. The pipeline system and O&M\nprocedures remain subject to inspection by PHMSA.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region","truncated":false,"body_characters":7836}