{"operation":"document","citation":"CPF 320075026","title":"BUCKEYE PARTNERS, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-09-10","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(c)(1), 195.404(c)(3), 195.410(a)(2), 195.410(c), 195.412(a), 195.452(f)(8), 195.452(h)(2), 195.452(h)(4), 195.583(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075026.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075026.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075026","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320075026","body":"Notice of Probable Violation involving BUCKEYE PARTNERS, LP. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(1),  195.404(c)(3),  195.410(a)(2),  195.410(c),  195.412(a),  195.452(f)(8),  195.452(h)(2),  195.452(h)(4),  195.583(a). The case was opened on 2007-09-10 and is reported as closed as of 2012-03-30. Proposed civil penalty: $202,000. Assessed civil penalty: $167,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320075026_Closure Letter_03302012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075026/320075026_Closure%20Letter_03302012.pdf\n\n320075026_Closure Letter_03302012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075026/320075026_Closure%20Letter_03302012_text.pdf\n\n320075026_FinalOrder_12302010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075026/320075026_FinalOrder_12302010.pdf\n\n320075026_FinalOrder_12302010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075026/320075026_FinalOrder_12302010_text.pdf\n\n320075026_notice letter_09102007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075026/320075026_notice%20letter_09102007.pdf\n\n320075026_notice letter_09102007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075026/320075026_notice%20letter_09102007_text.pdf\n\n320075026_Operator Response_12122007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075026/320075026_Operator%20Response_12122007.pdf\n\n320075026_Closure Letter_03302012_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nTRANSMITTED ELECTRONICALLY [Mr. Carl A. Ostach]\nMarch 30, 2012\nMr. Carl A. Ostach\nVice President, Field Operations\nBuckeye Partners, L.P.\n5 Tek Park\n9999 Hamilton Boulevard\nBreinigsville, Pennsylvania 18031\nCPF 3-2007-5026\nDear Mr. Ostach:\nOn December 30, 2010, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) issued to Buckeye Partners, L.P. a Final Order (Order) in the above-referenced\ncase. This Order included a Compliance Order and Civil Penalty assessment. Based on\nour review of the documentation you provided and confirmation of payment of the civil\npenalty, it has been determined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to\nthe matters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n\n320075026_notice letter_09102007_text.pdf\n\nU S. Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\n90t Locust Street, Suite 462\nKansas City, MO 64t06-264t\nNOTICE OF PROBABLE VIOLATION\nPROPOSED CIVIL PENALTY\nsttd\nPROPOSED COMPLIANCE ORDER\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\nSeptember 10, 2007\nMr. Brian Jury\nVice President, Field Operations\nBuckeye Partners, 1 P.\n5002 Buckeye Road\nEmmaus, PA 18049-0368\nCPF 3-2007-5026\nDear Mr Jury.\nOn October 17-21, 2005, October 31 — November 4, 2005, November 14-18, 2005, and March\n13-16, 2006, a representative of the Pipehne and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your pipeline facilities\nm Illmois, Indiana, Ohio, and Michigan, and your compliance records m Emmaus,\nPennsylvania\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. The items inspected and\nthe probable violations are:\n1. $195. 402 Procedural inanual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies.\n\n\n\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(1) Making construction records, maps, and operating history available as necessary\nfor safe operation and maintenance.\nBuckeye Partners did not follow its procedures for makmg accurate maps available for\nthe safe operation and maintenance of their Two Rivers Pipehne Field personnel on the\nTwo Rivers Pipeline were found to be using 1950's edition ahgnrnent sheets; these\nalignment sheets did not contain accurate pipeline mformation. Specifically, the\nalignment sheets were missing main hne block valves at MP 77, MP 102 1 and the Olney\nStation. Additionally, the ahgnment sheets did not show the Kirkwood Station that was\nbuilt in 2000. The ahgnment sheets also showed the Lawrenceville Station that was\nremoved in 2000 and the Bridgeport Junction that was removed m 1993\n2. $195. 404 Maps and records.\n(c)(3) A record of each inspection and test required by this subpart shall be\nmaintained for at least 2 years or until the next inspection or test is performed,\nwhichever is longer.\n(a) Buckeye Partners did not have records of the following monthly breakout tank\ninspections required by 195. 432:\nLocation\nClermont\nHuntington\nLima\nCleveland\nDrydock\nBay City\nFlint\nOwosso\nToledo\nNumber of Tanks Date\n13\n1-03; 2-03, 3-03; 4-03, 6-03, 7-03, 8-03;\n11-03\n1-03, 3-03, 4-04, 6-05\n1-03; 2-03, 3-03; 5-03; 6-03; 7-03, 8-03;\n9-03; 10-03; 11-03; 12-03; 1-04;2-04; 3-\n04, 5-04;7-04;8-04, 9-04, 11-04;12-04;\n1-05;3-05\n11-04\n7-04; 3-05\n9-03; 2-04; 6-04, 9-04; 11-04; 3-05\n3-05, 6-05\n1-04\n\n\n\n(b) Buckeye Partners did not have records of the following main line block valves\ninspections required by 195 420\nValve\nDescri tion\nShell ML Valve\nDB999B12B\nTotal Junction\nDB999TJV2A\nWayne Station\nKR209WW17E\nDetroit Property\nWD201WJV15D\nDetroit Pro ert\nWD202DB V15D\nWa e Sta\nWJ201 WWVOE\nWayne Property\nWJ201WWVOD\nWa e Sta\nWJ205WWVOZ\nWayne Sta Valve By Radio WS209WWV17E\nWayne Sta M/L by Radio WS209WWV17E\nDetroit Station\nWS212WDV56D\nWayne Station\nWW206WNVOE\nNovi Property\nWW206WNV16D\n65' St\nJ J403CLV90A\nPro erty Lne\nJJ403CLV95D\nWhistler Rd\nXB403 J JV58A\nHinkle Rd k225' St\nXB403J JV66A\nBald Eagle Rd\nWC203 WFV40A\nIrish Rd\nWC203WFV53A\nCold Water K Center\nWC203WFV67A\nJoan Rd\nWD201 WJV6A\nAshland Jct\nWD201WJV9A\nW of Flint River\nWF207WZV10A\nOwosso\nWF207WZV31D\nWS Pro erty Line Valve\nWS999A1VOA\nWS Pro erty Line Valve WS999AI VOA Date\n2\" Inspection 2004\n2\" Ins ection 2004\n2\" Inspection 2004\n2\" Ins ection 2004\n2\" Ins ection 2004\n2\" Ins ection 2004\n2\" Ins ection 2004\n2\" Inspection 2004\n1\" Inspection 2003\n2\" Inspection 2004\n2\" Inspection 2004\n2' Inspection 2004\n2\" Ins ection 2004\n2\" Inspection 2003\n2\" Ins ection 2003\n2\" Inspection 2003\n2\" Inspection 2003\n1\" Ins ection 2005\n1\" Inspection 2005\n1\" Ins ection 2005\n1\" Inspection 2005\n1\" Inspect~on 2005\n1\" Inspect~on 2005\n1\" Ins ection 2005\n2\" Ins ection 2004\n1\" Ins ection 2005\n(c) Buckeye Partners did not have records of the Bradley Road rehef valve mspection\nrequired by 195, 428 on the Toledo to Cleveland pipehne in 2004.\n(d) Buckeye Partners does not maintain individual records of monthly breakout tank\nmspections required by 195 432 for each breakout tank at multi-tank facilities\nBuckeye's present record-keeping systein groups all breakout tanks by location\nand only one record is completed for that location. Part 195. 404 (c) (3) requires a\nrecord be mamtained of each mspection completed to meet the requirements of\nPart 195. Buckeye Partners' inspection documentation process does not for multi-\ntank facihties meet the requirements of 195 404(c)(3)\n\n\n\n3. $195. 410 Line markers,\n(a) Except as provided in paragraph (b) of this section, each operator shall place\nand maintain line markers over each buried pipeline in accordance with the\nfollowing:\n(2) The marker must state at least the following on a background of sharply\ncontrasting color:\n(i) The word \"Warning, \" \"Caution, \" or \"Danger\" followed by the words\n\"Petroleum (or the name of the hazardous liquid transported) Pipeline\". . .\n(ii) The name of the operator and a telephone number (including area code) where\nthe operator can be reached at all times.\n(a) The hne markers placed at the span crossmg at East 55'\" Street in Cleveland, Ohio on\nthe 523 pipehne did not identify Buckeye as the operator or display a 24 hour\ntelephone number\n(b) Buckeye Partners had hne markers displaying the phone number 215-967-3131. This\nphone number is not m service The pipeline line markers did not state a correct\ntelephone number where the operator could be reached at all times These erroneous\nhne markers were found at various locations in Ohio and Indiana, specifically\n1 line marker at the Clermont Station\n1 hne marker south of Zionsville, IN at a creek near Retriever Lane, on the 403\npipeline section\n2 hne markers southeast of Hilhard Park on the 401 pipeline section\n1 lme marker southeast of the Crosgray MLBV on the 401 pipeline section\nSouth of Adams Road at a fence row on the 401 pipeline Section.\n1 hne marker east of the Wonderlick Road Block Valve on the 003 pipeline section\n1 hne marker at the Cygnet Pump station\n1 hne inarker at County Road 109 on the 411 pipeline section\n1 hne marker near Hummel and 130' Street on the 316 pipelme section\n1 lme marker near Middlebrook and Holland Streets on the 316 pipeline section\n1 hne marker near Stroud and Smith Streets on the 316 pipehne section\n1 line marker at the intersection of Fry Road and the 316 pipeline section\n1 line marker approximately 1000 feet north of the Main Street Block Valve on the\n316 pipeline section\nI hne marker at the Warrenville Road Rectifier on the 523 pipehne section\n1 lme marker at approximately MP 20 on the 523 pipeline section\n1 lme marker approximately 200' east of the Liberty Road Block Valve on 523\npipelme section\n\n\n\n(c) Buckeye Partners had line markers displaying an inaccurate phone number 216-274-\n2234 which was at one time the Mantua Station This phone number nov reaches a\nlaw firm not associated with Buckeye Partners The pipehne hne markers did not\nstate a correct telephone number where the operator could be reached at all times.\nThe location of these inaccurate line markers are:\n1 line marker at 8+07 on the 523 pipehne section\n1 line marker at 23+99 on the 523 pipelme section\n1 line marker at 28+58 on the 523 pipehne section\n1 line marker approximately 100 yards west of the Rogers Block Valve\n1 hne marker at the Treet Road crossing on the 523 pipeline section\n(d) Buckeye Partners had 4 lme markers near MP 174 and 3 line markers near MP 172\non the Two Rivers Pipeline that do not contain the correct name and emergency\nphone number These line markers displayed the Equilon name and the Equilon\nemergency phone number 800-634-4325\n4. )195. 410 Line markers.\n(c) Each operator shall provide line marking at locations where the line is above\nground in areas that are accessible to the public.\nBuckeye Partners did not place a line marker at the above ground span located at\napproximately MP 175 on the Two Rivers System, which was obtained from Equilon, as\nrequired by 195 410 (c).\n5. $195. 412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times each\ncalendar year, inspect the surface conditions on or adjacent to each pipeline right-of-\nway. Methods of inspection include walking, driving, flying or other appropriate\nmeans of traversing the right-of-way.\nBuckeye Partners did not perform an adequate patrol by providing inspection of surface\nconditions along one 500' section of their Wayne to Detroit pipeline in the vicimty of\nInterstate 94, south of Outer Drive, and north of Southfield Road in Allen Park, Michigan.\nThis area of right-of-way contained dense overgrowth and was only patrolled by aircraft\n6. $195. 452 Pipeline integrity management in high consequence areas.\n(h) What actions must an operator take to address integrity issues?\n(1) General requirements. An operator must take prompt action to address all\n5\n\n\n\nanomalous conditions that the operator discovers through the integrity assessment or\ninformation analysis.\n(2) Discovery of condition. Discovery of a condition occurs when an operator has\nadequate information about the condition to determine that the condition presents a\npotential threat to the integrity of the pipeline. An operator must promptly, but no\nlater than 180 days after an integrity assessment, obtain sufficient information about\na condition to make that determination, unless the operator can demonstrate that the\n180-day period is impracticable.\nBuckeye Partners did not promptly determine that a condition presenting a potential threat\nto the integrity of its 301 pipehne was present. Sufficient information to identify an\nintegrity threat meeting the criteria for an immediate repair condition at wheel count\n72475 1 was reported to Buckeye in an ILI vendor's final report on 2/27/04. However,\nBuckeye's records show that it did not make the required determination until 4/5/04 This\nimmediate repair condition mvolved a dent on the top of the pipe and metal loss and was\nlocated in a high consequence area.\n7. $195. 452 Pipeline integrity management in high consequence areas\n(h) What actions must an operator take to address integrity issues?\n(4) Special requirements for scheduling remediation.\n(i) Immediate repair conditions. An operator's evaluation and remediation schedule\nmust provide for immediate repair conditions. To maintain safety, an operator must\ntemporarily reduce operating pressure or shut down the pipeline until the operator\ncompletes the repair of these conditions. An operator must calculate the temporary\nreduction in operating pressure using the formula in section 451. 7 of ASMK/ANSI\n831. 4. An operator must treat the following conditions as immediate repair\nconditions:\n(C) A dent located on the top of the pipeline (above the 4 and 8 o' clock positions)\nthat has any indication of metal loss, cracking or a stress riser.\nBuckeye Partners did not. reduce the pressure or shut do@, n the 301 pipeline when they\nbecame aware of the immediate repair condition described in Item 6 above.\nBuckeye Partners records indicate that the pipehne remained in operation without a\nreduction in operating pressure between the discovery date and the date of repair\n(4/15/04),\n\n\n\n8. )195. 452 Pipeline integrity management in high consequence areas\n(f) What are the elements of an integrity management program? An integrity\nmanagement prograin begins with the initial framework. An operator must\ncontinually change the program to reflect operating experience, conclusions drawn\nfrom results of the integrity assessments, and other maintenance and surveillance\ndata, and evaluation of consequences of a failure on the high consequence area. An\noperator must include, at minimum, each of the following elements in its written\nintegrity management program:\n(8) A process for review of integrih assessment results and information analysis by\na person qualified to evaluate the results and information.\nBuckeye Partners did not ensure that its process for review of integrity assessment results\nby qualified personnel was fully implemented. Buckeye Partners personnel failed to\nidentify inaccuracies in the Nondestructive Inspection Report (NDT) and Office Report\nassociated with a 4/15/04 anomaly dig and investigation on the 301 pipeline in Troy\nTownship, Wood County, Ohio This is the same anomaly referred to in Items 6 and 7\nabove Specifically, the Nondestructive Inspection Report had maccurate GPS\ncoordinates for the anomaly (the report hsted GPS coordinates for Northwestern Indiana\nnot Northwestern Ohio) and the wrong state (the report hsted Illmois not Ohio).\nAdditionally, the Office Report indicated the Depth of Defect as 0. 177\" when the actual\ndepth of defect was 0. 044\". These inaccuracies were brought to Buckeye Partners'\nattention during the OPS mspection.\n9. )195. 583 What must I do to monitor atmospheric corrosion control?\n(a) You must inspect each pipeline or portion of pipeline that is exposed to the\natmosphere for evidence of atmospheric corrosion, at least once every 3 calendar\nyears, but with intervals not exceeding 39 months for onshore pipelines.\n(a) Buckeye Partners was unable to provide records demonstrating that atmospheric\ncorrosion inspections were done on 4 spans located at approximately MP 171 9, 172,\n175, and 175. 5 on the Two Rivers Pipehne during the three year period precedmg the\ndate of the OPS inspection\n(b) Buckeye Partners did not inspect and document an atmospheric corrosion examination\non an exposure located in an underground vault at approximately 20+59 on the Erie\nJunction to Dry Dock pipeline section during the three year period precedmg the OPS\nmspection.\n\n\n\nPro osed Civil Penalt\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\n$1, 000, 000 for any related senes of violations The Compliance Officer has reviewed the\ncircumstances and supporting documentation mvolved in the above probable violation(s) and\nhas recommended that you be preliminanly assessed a civil penalty of $202, 000 as follows,\nItem number\n2 (a)\n-' (b)\n2 (c)\n5\n6\n7\nPENALTY\n$9, 000\n$9, 000\n$9, 000\n$35, 000\n$70, 000\n$70, 000\nWith respect to items 2(d), 4, 8, and 9 (b) we have reviewed the circumstances and supportmg\ndocuments involved in this case and have decided not to conduct additional enforcement\naction or penalty assessment proceedings at this time We advise you to promptly correct\nthese items Be advised that failure to do so may result in Buckeye Partners' being subject to\nadditional enforcement action,\nPro osed Com liance Order\nWith respect to items 1, 3(a)-(d), and 9 (a) pursuant to 49 United States Code ( 60118, the\nPipehne and Hazardous Matenals Safety Administration proposes to issue a Compliance\nOrder to Buckeye Partners, Please refer to the Proposed Complharhce Order which is enclosed\nand made a part of this Notice.\nRes onse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline\nOperators iri Compliance ProceeCkngs. Please refer to this document and note the response\noptions Be advised that all material you submit in response to this enforcement action is\nsub& ect to bemg made pubhcly available. If you believe that any portion of your responsive\nmatenal qualifies for confidential treatment under 5 U S. C. 552(b), along with the complete\nongmal document you must provide a second copy of the document with the portions you\nbeheve qualify for confidential treatment redacted and an explanation of why you beheve the\nredacted mfonnation qualifies for confidential treatment under 5 U. S. C 552(b) If you do not\nrespond within 30 days of receipt of this Notice, this constitutes a waiver of your nght to\ncontest the allegations in this Notice and authonzes the Associate Administrator for Pipeline\nSafety to find facts as alleged in this Notice without further notice to you and to issue a Final\nOrder\n\n\n\nIn your correspondence on this matter, please refer to CPF 3-2007-5026 and for each\ndocument you submit, please provide a copy in electromc format whenever possible.\nSincerely,\n&J,\nIvan A Huntoon\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosures' 'Proposed Compliance Order\nResponse Options for Pipeline Operators in Compliance Proceedkngs\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code ) 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Buckeye Partners a Compliance Order\nincorporating the following remedial requirements to ensure the compliance of Buckeye\nPartners with the pipeline safety regulations:\nln regard to Item Number 1 of the Notice pertaining to making accurate maps available\nto operating personnel:\nWithin 90 days after receipt of a final order, make accurate updated maps available to\nall field personnel on the Two Rivers Pipelme System.\nIn regard to Item Number 3(a)-(d) of the Notice pertaining to inaccurate telephone\nnumber's on some of your lme markers\nWithin 90 days after receipt of a final order, present a plan and schedule for the\nupdatmg of all Buckeye Partners hne markers to only display a working telephone\nnumber or numbers. The plan and schedule of updating of all lme markers shall\nrequire that all work will be completed within 365 days of the final order.\nIn regard to Item Number 9(a) of the Notice pertaming to inspection of exposed pipe\non the Two Rivers Pipehne System for atinospheric corrosion:\nWithin 90 days after receipt of a final order, present a plan and work schedule for\nidentifying and mspecting all exposed pipe on the Two Rivers Pipeline System and all\nother pipehne assets acquired from Equiion The plan and schedule shall require that\nall work will be completed within 365 days of the final order.\nBuckeye Partners shall maintain documentation of the safety improvement and\ncompliance costs associated with fulfilling this Compliance Order and submit the total\nto Ivan A. Huntoon, Director, Central Region, Pipeline and Hazardous Materials\nSafety Administration. Costs shall be reported in two categories. 1) total cost\nassociated with preparation/revision of plans, procedures, studies and analyses, and 2)\ntotal cost associated with replacements, additions and other changes to pipeline\ninfrastructure These costs shall be reported within 90 days after the completion of the\ntask in this Comphance Order\n10\n\n\n\nResponse Options for Pipeline Operators in Compliance Proceedings\nThe requirements of 49 C F R. Part 190, Subpart B ((~~ 190 201 — 190. 237) govern response to\nNotices issued by a Regional Director, Pipeline and Hazardous Materials Safety Admimstration\n(PHMSA)\nBe advised that all material submitted by a respondent in response to an enforcement action is\nsubject to being made publicly available If you believe that any portion of your responsive\nmaterial qualifies for confidential treatment under 5 I. ', S C 552(b), along with the complete\noriginal docuinent you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 1J S. C 552(b).\nI Procedures for Res ondin to a NOTICE OF PROBABLE VIOLATION:\nWithin 30 days of receipt of a Notice of Probable Violation, the respondent shall respond\nto the Regional Director who issued the Notice in the following way\na When the Notice contains a ro osed CIVIL PENALTY'--\n1 Pay the proposed civil penalty and advise the Regional Director of the\npayment This authorizes PHMSA to make findings and to close the case\nwith prejudice to the respondent Payment terms are outlined below:\n2 Submit written explanations. information, or other materials m response to\nthe allegations and/or seek elimination or mitigation of the proposed civil\npenalty. Refer to 49 C. F R. ) 190 225 for assessment considerations,\nwhich include the respondent's abihty to pay and the effect on the\nrespondent's ability to stay m business, upon which civil penalties are\nbased, or\n3. Request a hearing as described below to contest the allegations and/or'\nproposed assessment of a civil penalty.\nb When the Notice contains a ro osed COMPLIANCE ORDER*--\n1 Notify the Regional Director that you intend to take the steps in the\nproposed compliance order,\n2 Submit written explanations, information, or other materials in answer to\nthe allegations in the Notice and object to or seek clarification of the\nproposed compliance order items in whole or in part; or\n3. Request a hearing as described below to contest the allegations and/or\nproposed comphance order items.\n1of5\n\n\n\nc When the Notice contains a WARNING ITEM—\nNo writteii response is required The respondent is warned that if it does not\ntake appropnate action to correct these items, enforcement action will be\ntaken if a subsequent inspection reveals a. violation\n\"' Failure of the respondent to respond to the Notice within 30 days of receipt\nconstitutes a waiver of the right to contest the allegations in the Notice and authorizes\nthe Associate Admimstrator for Pipeline Safety to find facts as alleged in the Notice\nwithout further notice to the respondent and to issue a Final Order\nII. Procedures for Res ondin to a NOTICE OF AMENDMENT*—\nWithin 30 days of receipt of a Notice of Amendment, the respondent shall respond to the\nRegional Director who issued the Notice in the following way\na. Notify the Regional Director of your plans to address the inadequacies\nidentified in the Notice;\nb Submit written explanations, information, or other materials in answer to the\nallegations m the Notice and/or object to or seek clanfication of the proposed\namendment items in whole or in part:, or\nc. Request a hearing as descnbed below' to contest the allegations in the Notice.\n* Failure of the respondent to respond to the Notice within 30 days of receipt\nconstitutes a waiver of the nght to contest the allegations m the Notice and authorizes\nthe Associate Administrator for Pipehne Safety to find facts as alleged in the Notice\nwithout further notice to the respondent and to issue a Final Order.\nIII Procedure for Re uestin a Hearin\nA request for a hearing must be in writing and accompanied by a statement of the issues\nthat the respondent intends to raise at the heanng. The issues may relate to the\nallegations, new information, or to the proposed compliance order or proposed civil\npenalty amount. Refer to 49 C F R P 190 225 for assessment considerations upon which\ncivil penalties are based. A respondent's failure to specify an issue inay result in waiver\nof the right to raise that issue at the heanng. The respondent's request must also indicate\nwhether or not respondent will be represented by counsel at the hearing Failure to\nrequest a heanng in writing within 30 days of receipt of a Notice waives the nght to a\nheanng, In addition, if the amount of the proposed civil penalty or the proposed\ncorrective action is less than $10, 000, the hearing will be held by telephone, unless the\nrespondent submits a v ritten request for an in-person heanng Complete heanng\nprocedures can be found at 49 C F R $ 190 211\n2of5\n\n\n\nIV Extensions of Time\nAn extension of time to prepare an appropriate response to a Notice may. be granted, at\nthe agency's discretion. following submittal of a written request to the Regional Director\nThe request must indicate the amount of time needed and the reasons for the extension\nThe request must be submitted within 30 days of receipt of the Notice.\nV. Freedom of Information Act\nAny material prepared by PHMSA, including the violation report, the Notice. and any\norder issued in this case, and any material provided to PHMSA by the respondent, may\nbe considered pubhc information and subject to disclosure under the Freedom of\nInformation Act (I OIA). If the information you provide is security sensitive, privileged,\nconfidential or may cause your company competitive disadvantages, please clearly\nidentify the material and provide justification why the documents, or portions of a\ndocument, should not be released under FOIA. If we receive a request for your material,\nwe will notify you if PHMSA, after reviewing the materials and your provided\njustification. determmes that withholding the materials does not meet any exemption\nprovided under the FOIA. You may appeal the agency's decision to release matenal\nunder the FOIA at that time. Your appeal will stay the release of those materials until a\nfinal decision is made\nVI, Small Business Re ulato Enforcement Fairness Act Information\nThe Small Business and Agricultural Regulatory Enforcement Ombudsman and 10\nRegional Fairness Boards were established to receive comments fiom small businesses\nabout federal agency enforcement actions. The Ombudsman will annually evaluate the\nenforcement activities and rate each agency's responsiveness to small busmess. If you\nwish to comment on the enforcement actions of the Pipeline and Hazardous Matenals\nSafety Administration, call I -888-REG-FAIR (1-888-734-3247) or go to\nhttp. //w~w. sbp, gov/ombudsman!dsp faq html\n3 of 5\n\n\n\nVI I PAYMENT INSTRUCTIONS\nCivil Penalty Payments of Less Than $10, 000\nPayment of a civil penalty of less than $10, 000 proposed or assessed, under Subpart B of Part\n190 of the Pipeline Safety Regulations can be made by certified check, money order or wire\ntransfer. Payment by certified check or money order (containing the CPF Number for this case)\nshould be made payab! e to the \"Department of Transportation\" and should be sent to:\nFederal Av iation Admimstration\nMike Monroney Aeronautical Center\nFmancial Operations Division (AMZ-341) P 0, Box 25082\nOklahoma City, OK 73125-4915\n%']re transfer payments of less than $10, 000 may be made through the Federal Reserve\nCommunications System (Fedwire) to the account of the U S Treasury Detailed instructions are\nprovided below Questions concermng wire transfer should be directed to the Financial\nOperations Division at (405) 954-8893, or at the above address\nCivil Penalty Payments of $10, 000 or more\nPayment of a civil penalty of $10, 000 or more proposed or assessed under Subpart B of Part 190\nof the Pipehne Safety Regulations must be made wire transfer (49 C F R. ( 89. 21 (b)(3)).\nthrough the Federal Reserve Communications System (I edwire) to the account of the U. S.\nTreasury. Detailed instructions are provided below. Questions concerning wire transfers should\nbe directed to the Financial Operations Divis~on at (405) 954-8893, or at the above address.\nINSTRUCTIONS FOR ELECTRONIC FUND TRANSFERS\n1 RECEIVER ABA'NO\n021030004\n(2) TYPE/SUB-TYPE\n(Provided by sending bank)\n(3) SENDING BANK ABA NO.\n(Provided by sendmg bank)\n(4) SENDING BANK REF NO\n(Provided by sendmg bank)\n(S) AMOUNT (6) SENDING BANK NAMF.\n(Provided by sending bank)\n(7) RECEIVER NAME\nTREAS NYC\n(8) PRODUCT CODE\n(Normally C'I R, or as provided by sending\nbank)\n(9) BENEFICIAL BNF — AGENCY\nLOCATION CODE\nBNF = /ALC-69-14-0001\n(10) REASONS FOR PAYMENT\nExample PHMSA - CPF ¹/Ticket\nNumber/Pipeline Assessment number\n4 of 5\n\n\n\nINSTRUCTIONS: You, as sender of ihe wire transfer, must provide the sending bank with the\ninformation for blocks (1), (5), (7), (9), and (10) The information provided in Blocks (1), (7),\nand (9) are constant and remain the same f' or all wire transfers to the Pipehne and Hazardous\nMaterials Safety Administration, Department of Transportation\nBlock ¹1 — RECEIVER ABA NO. - \"021030004\" Ensure the sending bank enters this 9-digit\nidentification number, it represents the routing symbol for the U. S, Treasury at the Federal\nReserve Bank in New York\nBlock ¹5 - AMOUNT - You as the sender provide the amount of the transfer Please be sure the\ntransfer amount is punctuated with commas and a decimal point EXAMPLE: $10 000. 00\nBlock ¹y — RECEIVER NAME - n TREAS NYC\". Ensure the sendrng bank enters tins\nabbrevration It tnust be used for all w&re transfers to the Treasury Department\nBlock ¹9 - BENEFICIAL - AGENCY LOCATION CODE, — \"BNF=/ALC-69-14-0001\". Ensure\nthe sending bank enters this information This is the Agency. I. ocation Code for the Pipeline and\nHazardous Materials Safety Administration, Department of Transportation,\nBlock ¹10 - REASON FOR PAYMENT - \"AC-paynient for PHMSA Case ¹ / To ensure your\nwire transfer is credited properly, e~ter the case number/ticket number or Pipeline Assessment number,\nand country \"\nNOTE: A wire transfer must comply with the format and instructions or the Department cannot\naccept the v ire transfer You as the sender can assist this process by notifying the Financial\nOperations Divis~on (405) 954-8893 at the time you send the wire transfer.\nMay 2007\n\n320075026_FinalOrder_12302010_text.pdf\n\nDEC 30 2010\nMr. Jerry J. Ashcroft\nVice President, Field Operations\nBuckeye Partners, L.P.\n5 Tek Park\n9999 Hamilton Blvd\nBreinigsville, PA 18031\nRe: CPF No. 3-2007-5026\nDear Mr. Ashcroft:\nEnclosed is the Final Order issued in the above-referenced case. It withdraws one of the\nallegations of violation, makes findings of violation, assesses a civil penalty of $167,000, and\nspecifies actions to be taken to comply with the pipeline safety regulations. The penalty payment\nterms are set forth in the Final Order. When the civil penalty is paid and the terms of the\ncompliance order completed, as determined by the Director, Central Region, PHMSA, this\nenforcement action will be closed. Your receipt of the Final Order constitutes service of that\ndocument under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. David Barrett, Director, Central Region, PHMSA\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED 7005 1160 0001 0041 0756]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n______________________________\n)\nIn the Matter of )\n)\nBuckeye Partners, L.P., ) CPF No. 3-2007-5026\n)\nRespondent )\n______________________________)\nFINAL ORDER\nBetween October 17, 2005 and March 16, 2006, pursuant to 49 U.S.C. § 60117, a representative\nof the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline\nSafety conducted an on-site pipeline safety inspection of Respondent’s facilities in Illinois,\nIndiana, Ohio, Michigan, and compliance records in Emmaus, Pennsylvania. As a result of the\ninspection, the Director, Central Region, PHMSA, issued to Respondent, by letter dated\nSeptember 10, 2007, a Notice of Probable Violation, Proposed Civil Penalty, and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Respondent had committed violations of 49 C.F.R. Part 195 and proposed assessing\na civil penalty of $202,000 for the alleged violations. The Notice also proposed ordering\nRespondent to take certain measures to correct the alleged violations.\nAfter requesting and receiving an extension of time, Respondent responded to the Notice by\nletter dated December 12, 2007 (Response). Respondent contested three of the allegations of\nviolation, offered explanations, provided information concerning the corrective actions it has\ntaken, and requested that the proposed civil penalty be reduced. Respondent did not request a\nhearing, and therefore has waived its right to one.\nFINDINGS OF VIOLATION\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402, which states:\n§ 195.402 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations\nand maintenance activities and handling abnormal operations and\n\n\n\n2\nemergencies. This manual shall be reviewed at intervals not exceeding 15\nmonths, but at least once each calendar year, and appropriate changes\nmade as necessary to insure that the manual is effective. This manual shall\nbe prepared before initial operations of a pipeline system commence, and\nappropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\n* * *\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following to\nprovide safety during maintenance and normal operations:\n(1) Making construction records, maps, and operating history available\nas necessary for safe operation and maintenance.\nSpecifically, Item 1 in the Notice alleged that Respondent failed to follow its procedures for\nmaking accurate maps available for the safe operation of the Two Rivers Pipeline. Respondent’s\nfield personnel were found to be using outdated alignment sheets that did not reflect the presence\nof certain valves and stations that had been installed or removed.\nIn its Response, Respondent did not dispute the allegation in the Notice that the alignment sheets\nin use were inaccurate, but provided information and explanations of potential relevance to a\npenalty assessment. Accordingly, after considering all the evidence, I find that Respondent\nviolated 49 C.F.R. § 195.402 as more fully described in the notice. The explanatory information\nwill be discussed in the Assessment of Penalty section below.\nItem 2a: The Notice alleged that Respondent violated 49 C.F.R. § 195.404(c), which states:\n§ 195.404 Maps and records.\n(c) Each operator shall maintain the following records for the periods\nspecified:\n(1) The date, location, and description of each repair made to pipe\nshall be maintained for the useful life of the pipe.\n(2) The date, location, and description of each repair made to parts of\nthe pipeline system other than pipe shall be maintained for at least 1 year.\n(3) A record of each inspection and test required by this subpart shall\nbe maintained for at least 2 years or until the next inspection or test is\nperformed, whichever is longer.\nSpecifically, Item 2a in the Notice alleged that Respondent failed to maintain records of certain\nmonthly breakout tank inspections required by § 195.432.\nIn its Response, Respondent did not dispute the allegation in the Notice that it did not maintain\ncomplete records of the specified monthly breakout tank inspections, but explained that “some”\nof the inspection records were not missing entirely, but rather were incomplete because they\nlacked completion dates. Respondent, however, did not provide documentation demonstrating\nwhich of these records were missing and which were incomplete. In any event, maintaining\nincomplete records constitutes a failure to maintain all required records. Accordingly, after\n\n\n\n3\nconsidering all the evidence, I find that Respondent violated 49 C.F.R. § 195.404(c) as more\nfully described in the notice.\nItem 2b: The Notice alleged that Respondent violated 49 C.F.R. § 195.404(c), which states:\n§ 195.404 Maps and records.\n(c) Each operator shall maintain the following records for the periods\nspecified:\n(1) The date, location, and description of each repair made to pipe\nshall be maintained for the useful life of the pipe.\n(2) The date, location, and description of each repair made to parts of\nthe pipeline system other than pipe shall be maintained for at least 1 year.\n(3) A record of each inspection and test required by this subpart shall\nbe maintained for at least 2 years or until the next inspection or test is\nperformed, whichever is longer.\nSpecifically, Item 2b in the Notice alleged that Respondent failed to maintain records of certain\nmain line valve inspections required by § 195.420.\nIn its Response, Respondent did not dispute the allegation in the Notice that it did not maintain\ncomplete records of the specified main line valve inspections, but offered the same explanation it\nprovided for Item 2b that the records were incomplete. Maintaining incomplete records\nconstitutes a failure to maintain all required records. Accordingly, after considering all the\nevidence, I find that Respondent violated 49 C.F.R. § 195.404(c) as more fully described in the\nnotice.\nItem 2c: The Notice alleged that Respondent violated 49 C.F.R. § 195.404(c), which states:\n§ 195.404 Maps and records.\n(c) Each operator shall maintain the following records for the periods\nspecified:\n(1) The date, location, and description of each repair made to pipe\nshall be maintained for the useful life of the pipe.\n(2) The date, location, and description of each repair made to parts of\nthe pipeline system other than pipe shall be maintained for at least 1 year.\n(3) A record of each inspection and test required by this subpart shall\nbe maintained for at least 2 years or until the next inspection or test is\nperformed, whichever is longer.\nSpecifically, Item 2c in the Notice alleged that Respondent failed to maintain records\ndocumenting completion of the Bradley Road relief valve inspection on the Tole","truncated":true,"body_characters":63656}