# BUCKEYE PARTNERS, LP — Notice of Probable Violation

- **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:** Not available
- **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).
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- **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.

Official case documents:

320075026_Closure Letter_03302012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075026/320075026_Closure%20Letter_03302012.pdf

320075026_Closure Letter_03302012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075026/320075026_Closure%20Letter_03302012_text.pdf

320075026_FinalOrder_12302010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075026/320075026_FinalOrder_12302010.pdf

320075026_FinalOrder_12302010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075026/320075026_FinalOrder_12302010_text.pdf

320075026_notice letter_09102007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075026/320075026_notice%20letter_09102007.pdf

320075026_notice letter_09102007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075026/320075026_notice%20letter_09102007_text.pdf

320075026_Operator Response_12122007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075026/320075026_Operator%20Response_12122007.pdf

320075026_Closure Letter_03302012_text.pdf

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
TRANSMITTED ELECTRONICALLY [Mr. Carl A. Ostach]
March 30, 2012
Mr. Carl A. Ostach
Vice President, Field Operations
Buckeye Partners, L.P.
5 Tek Park
9999 Hamilton Boulevard
Breinigsville, Pennsylvania 18031
CPF 3-2007-5026
Dear Mr. Ostach:
On December 30, 2010, the Pipeline and Hazardous Materials Safety Administration
(PHMSA) issued to Buckeye Partners, L.P. a Final Order (Order) in the above-referenced
case. This Order included a Compliance Order and Civil Penalty assessment. Based on
our review of the documentation you provided and confirmation of payment of the civil
penalty, it has been determined that you have complied with the terms of this Order.
Accordingly, this case is now closed and no further action is contemplated with respect to
the matters involved in this case. Thank you for your cooperation in this matter.
Sincerely,
David Barrett
Director, Central Region
Pipeline and Hazardous Materials Safety Administration

320075026_notice letter_09102007_text.pdf

U S. Department
of Transportation
Pipeline and
Hazardous Materials Safety
Administration
90t Locust Street, Suite 462
Kansas City, MO 64t06-264t
NOTICE OF PROBABLE VIOLATION
PROPOSED CIVIL PENALTY
sttd
PROPOSED COMPLIANCE ORDER
CERTIFIED MAIL - RETURN RECEIPT RE UESTED
September 10, 2007
Mr. Brian Jury
Vice President, Field Operations
Buckeye Partners, 1 P.
5002 Buckeye Road
Emmaus, PA 18049-0368
CPF 3-2007-5026
Dear Mr Jury.
On October 17-21, 2005, October 31 — November 4, 2005, November 14-18, 2005, and March
13-16, 2006, a representative of the Pipehne and Hazardous Materials Safety Administration
(PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your pipeline facilities
m Illmois, Indiana, Ohio, and Michigan, and your compliance records m Emmaus,
Pennsylvania
As a result of the inspection, it appears that you have committed probable violations of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and
the probable violations are:
1. $195. 402 Procedural inanual for operations, maintenance, and emergencies.
(a) General. Each operator shall prepare and follow for each pipeline system a
manual of written procedures for conducting normal operations and maintenance
activities and handling abnormal operations and emergencies.



(c) Maintenance and normal operations. The manual required by paragraph (a) of
this section must include procedures for the following to provide safety during
maintenance and normal operations:
(1) Making construction records, maps, and operating history available as necessary
for safe operation and maintenance.
Buckeye Partners did not follow its procedures for makmg accurate maps available for
the safe operation and maintenance of their Two Rivers Pipehne Field personnel on the
Two Rivers Pipeline were found to be using 1950's edition ahgnrnent sheets; these
alignment sheets did not contain accurate pipeline mformation. Specifically, the
alignment sheets were missing main hne block valves at MP 77, MP 102 1 and the Olney
Station. Additionally, the ahgnment sheets did not show the Kirkwood Station that was
built in 2000. The ahgnment sheets also showed the Lawrenceville Station that was
removed in 2000 and the Bridgeport Junction that was removed m 1993
2. $195. 404 Maps and records.
(c)(3) A record of each inspection and test required by this subpart shall be
maintained for at least 2 years or until the next inspection or test is performed,
whichever is longer.
(a) Buckeye Partners did not have records of the following monthly breakout tank
inspections required by 195. 432:
Location
Clermont
Huntington
Lima
Cleveland
Drydock
Bay City
Flint
Owosso
Toledo
Number of Tanks Date
13
1-03; 2-03, 3-03; 4-03, 6-03, 7-03, 8-03;
11-03
1-03, 3-03, 4-04, 6-05
1-03; 2-03, 3-03; 5-03; 6-03; 7-03, 8-03;
9-03; 10-03; 11-03; 12-03; 1-04;2-04; 3-
04, 5-04;7-04;8-04, 9-04, 11-04;12-04;
1-05;3-05
11-04
7-04; 3-05
9-03; 2-04; 6-04, 9-04; 11-04; 3-05
3-05, 6-05
1-04



(b) Buckeye Partners did not have records of the following main line block valves
inspections required by 195 420
Valve
Descri tion
Shell ML Valve
DB999B12B
Total Junction
DB999TJV2A
Wayne Station
KR209WW17E
Detroit Property
WD201WJV15D
Detroit Pro ert
WD202DB V15D
Wa e Sta
WJ201 WWVOE
Wayne Property
WJ201WWVOD
Wa e Sta
WJ205WWVOZ
Wayne Sta Valve By Radio WS209WWV17E
Wayne Sta M/L by Radio WS209WWV17E
Detroit Station
WS212WDV56D
Wayne Station
WW206WNVOE
Novi Property
WW206WNV16D
65' St
J J403CLV90A
Pro erty Lne
JJ403CLV95D
Whistler Rd
XB403 J JV58A
Hinkle Rd k225' St
XB403J JV66A
Bald Eagle Rd
WC203 WFV40A
Irish Rd
WC203WFV53A
Cold Water K Center
WC203WFV67A
Joan Rd
WD201 WJV6A
Ashland Jct
WD201WJV9A
W of Flint River
WF207WZV10A
Owosso
WF207WZV31D
WS Pro erty Line Valve
WS999A1VOA
WS Pro erty Line Valve WS999AI VOA Date
2" Inspection 2004
2" Ins ection 2004
2" Inspection 2004
2" Ins ection 2004
2" Ins ection 2004
2" Ins ection 2004
2" Ins ection 2004
2" Inspection 2004
1" Inspection 2003
2" Inspection 2004
2" Inspection 2004
2' Inspection 2004
2" Ins ection 2004
2" Inspection 2003
2" Ins ection 2003
2" Inspection 2003
2" Inspection 2003
1" Ins ection 2005
1" Inspection 2005
1" Ins ection 2005
1" Inspection 2005
1" Inspect~on 2005
1" Inspect~on 2005
1" Ins ection 2005
2" Ins ection 2004
1" Ins ection 2005
(c) Buckeye Partners did not have records of the Bradley Road rehef valve mspection
required by 195, 428 on the Toledo to Cleveland pipehne in 2004.
(d) Buckeye Partners does not maintain individual records of monthly breakout tank
mspections required by 195 432 for each breakout tank at multi-tank facilities
Buckeye's present record-keeping systein groups all breakout tanks by location
and only one record is completed for that location. Part 195. 404 (c) (3) requires a
record be mamtained of each mspection completed to meet the requirements of
Part 195. Buckeye Partners' inspection documentation process does not for multi-
tank facihties meet the requirements of 195 404(c)(3)



3. $195. 410 Line markers,
(a) Except as provided in paragraph (b) of this section, each operator shall place
and maintain line markers over each buried pipeline in accordance with the
following:
(2) The marker must state at least the following on a background of sharply
contrasting color:
(i) The word "Warning, " "Caution, " or "Danger" followed by the words
"Petroleum (or the name of the hazardous liquid transported) Pipeline". . .
(ii) The name of the operator and a telephone number (including area code) where
the operator can be reached at all times.
(a) The hne markers placed at the span crossmg at East 55'" Street in Cleveland, Ohio on
the 523 pipehne did not identify Buckeye as the operator or display a 24 hour
telephone number
(b) Buckeye Partners had hne markers displaying the phone number 215-967-3131. This
phone number is not m service The pipeline line markers did not state a correct
telephone number where the operator could be reached at all times These erroneous
hne markers were found at various locations in Ohio and Indiana, specifically
1 line marker at the Clermont Station
1 hne marker south of Zionsville, IN at a creek near Retriever Lane, on the 403
pipeline section
2 hne markers southeast of Hilhard Park on the 401 pipeline section
1 lme marker southeast of the Crosgray MLBV on the 401 pipeline section
South of Adams Road at a fence row on the 401 pipeline Section.
1 hne marker east of the Wonderlick Road Block Valve on the 003 pipeline section
1 hne marker at the Cygnet Pump station
1 hne inarker at County Road 109 on the 411 pipeline section
1 hne marker near Hummel and 130' Street on the 316 pipelme section
1 lme marker near Middlebrook and Holland Streets on the 316 pipeline section
1 hne marker near Stroud and Smith Streets on the 316 pipehne section
1 line marker at the intersection of Fry Road and the 316 pipeline section
1 line marker approximately 1000 feet north of the Main Street Block Valve on the
316 pipeline section
I hne marker at the Warrenville Road Rectifier on the 523 pipehne section
1 lme marker at approximately MP 20 on the 523 pipeline section
1 lme marker approximately 200' east of the Liberty Road Block Valve on 523
pipelme section



(c) Buckeye Partners had line markers displaying an inaccurate phone number 216-274-
2234 which was at one time the Mantua Station This phone number nov reaches a
law firm not associated with Buckeye Partners The pipehne hne markers did not
state a correct telephone number where the operator could be reached at all times.
The location of these inaccurate line markers are:
1 line marker at 8+07 on the 523 pipehne section
1 line marker at 23+99 on the 523 pipelme section
1 line marker at 28+58 on the 523 pipehne section
1 line marker approximately 100 yards west of the Rogers Block Valve
1 hne marker at the Treet Road crossing on the 523 pipeline section
(d) Buckeye Partners had 4 lme markers near MP 174 and 3 line markers near MP 172
on the Two Rivers Pipeline that do not contain the correct name and emergency
phone number These line markers displayed the Equilon name and the Equilon
emergency phone number 800-634-4325
4. )195. 410 Line markers.
(c) Each operator shall provide line marking at locations where the line is above
ground in areas that are accessible to the public.
Buckeye Partners did not place a line marker at the above ground span located at
approximately MP 175 on the Two Rivers System, which was obtained from Equilon, as
required by 195 410 (c).
5. $195. 412 Inspection of rights-of-way and crossings under navigable waters.
(a) Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times each
calendar year, inspect the surface conditions on or adjacent to each pipeline right-of-
way. Methods of inspection include walking, driving, flying or other appropriate
means of traversing the right-of-way.
Buckeye Partners did not perform an adequate patrol by providing inspection of surface
conditions along one 500' section of their Wayne to Detroit pipeline in the vicimty of
Interstate 94, south of Outer Drive, and north of Southfield Road in Allen Park, Michigan.
This area of right-of-way contained dense overgrowth and was only patrolled by aircraft
6. $195. 452 Pipeline integrity management in high consequence areas.
(h) What actions must an operator take to address integrity issues?
(1) General requirements. An operator must take prompt action to address all
5



anomalous conditions that the operator discovers through the integrity assessment or
information analysis.
(2) Discovery of condition. Discovery of a condition occurs when an operator has
adequate information about the condition to determine that the condition presents a
potential threat to the integrity of the pipeline. An operator must promptly, but no
later than 180 days after an integrity assessment, obtain sufficient information about
a condition to make that determination, unless the operator can demonstrate that the
180-day period is impracticable.
Buckeye Partners did not promptly determine that a condition presenting a potential threat
to the integrity of its 301 pipehne was present. Sufficient information to identify an
integrity threat meeting the criteria for an immediate repair condition at wheel count
72475 1 was reported to Buckeye in an ILI vendor's final report on 2/27/04. However,
Buckeye's records show that it did not make the required determination until 4/5/04 This
immediate repair condition mvolved a dent on the top of the pipe and metal loss and was
located in a high consequence area.
7. $195. 452 Pipeline integrity management in high consequence areas
(h) What actions must an operator take to address integrity issues?
(4) Special requirements for scheduling remediation.
(i) Immediate repair conditions. An operator's evaluation and remediation schedule
must provide for immediate repair conditions. To maintain safety, an operator must
temporarily reduce operating pressure or shut down the pipeline until the operator
completes the repair of these conditions. An operator must calculate the temporary
reduction in operating pressure using the formula in section 451. 7 of ASMK/ANSI
831. 4. An operator must treat the following conditions as immediate repair
conditions:
(C) A dent located on the top of the pipeline (above the 4 and 8 o' clock positions)
that has any indication of metal loss, cracking or a stress riser.
Buckeye Partners did not. reduce the pressure or shut do@, n the 301 pipeline when they
became aware of the immediate repair condition described in Item 6 above.
Buckeye Partners records indicate that the pipehne remained in operation without a
reduction in operating pressure between the discovery date and the date of repair
(4/15/04),



8. )195. 452 Pipeline integrity management in high consequence areas
(f) What are the elements of an integrity management program? An integrity
management prograin begins with the initial framework. An operator must
continually change the program to reflect operating experience, conclusions drawn
from results of the integrity assessments, and other maintenance and surveillance
data, and evaluation of consequences of a failure on the high consequence area. An
operator must include, at minimum, each of the following elements in its written
integrity management program:
(8) A process for review of integrih assessment results and information analysis by
a person qualified to evaluate the results and information.
Buckeye Partners did not ensure that its process for review of integrity assessment results
by qualified personnel was fully implemented. Buckeye Partners personnel failed to
identify inaccuracies in the Nondestructive Inspection Report (NDT) and Office Report
associated with a 4/15/04 anomaly dig and investigation on the 301 pipeline in Troy
Township, Wood County, Ohio This is the same anomaly referred to in Items 6 and 7
above Specifically, the Nondestructive Inspection Report had maccurate GPS
coordinates for the anomaly (the report hsted GPS coordinates for Northwestern Indiana
not Northwestern Ohio) and the wrong state (the report hsted Illmois not Ohio).
Additionally, the Office Report indicated the Depth of Defect as 0. 177" when the actual
depth of defect was 0. 044". These inaccuracies were brought to Buckeye Partners'
attention during the OPS mspection.
9. )195. 583 What must I do to monitor atmospheric corrosion control?
(a) You must inspect each pipeline or portion of pipeline that is exposed to the
atmosphere for evidence of atmospheric corrosion, at least once every 3 calendar
years, but with intervals not exceeding 39 months for onshore pipelines.
(a) Buckeye Partners was unable to provide records demonstrating that atmospheric
corrosion inspections were done on 4 spans located at approximately MP 171 9, 172,
175, and 175. 5 on the Two Rivers Pipehne during the three year period precedmg the
date of the OPS inspection
(b) Buckeye Partners did not inspect and document an atmospheric corrosion examination
on an exposure located in an underground vault at approximately 20+59 on the Erie
Junction to Dry Dock pipeline section during the three year period precedmg the OPS
mspection.



Pro osed Civil Penalt
Under 49 United States Code, ( 60122, you are subject to a civil penalty not to exceed
$100, 000 for each violation for each day the violation persists up to a maximum of
$1, 000, 000 for any related senes of violations The Compliance Officer has reviewed the
circumstances and supporting documentation mvolved in the above probable violation(s) and
has recommended that you be preliminanly assessed a civil penalty of $202, 000 as follows,
Item number
2 (a)
-' (b)
2 (c)
5
6
7
PENALTY
$9, 000
$9, 000
$9, 000
$35, 000
$70, 000
$70, 000
With respect to items 2(d), 4, 8, and 9 (b) we have reviewed the circumstances and supportmg
documents involved in this case and have decided not to conduct additional enforcement
action or penalty assessment proceedings at this time We advise you to promptly correct
these items Be advised that failure to do so may result in Buckeye Partners' being subject to
additional enforcement action,
Pro osed Com liance Order
With respect to items 1, 3(a)-(d), and 9 (a) pursuant to 49 United States Code ( 60118, the
Pipehne and Hazardous Matenals Safety Administration proposes to issue a Compliance
Order to Buckeye Partners, Please refer to the Proposed Complharhce Order which is enclosed
and made a part of this Notice.
Res onse to this Notice
Enclosed as part of this Notice is a document entitled Response Options for Pipeline
Operators iri Compliance ProceeCkngs. Please refer to this document and note the response
options Be advised that all material you submit in response to this enforcement action is
sub& ect to bemg made pubhcly available. If you believe that any portion of your responsive
matenal qualifies for confidential treatment under 5 U S. C. 552(b), along with the complete
ongmal document you must provide a second copy of the document with the portions you
beheve qualify for confidential treatment redacted and an explanation of why you beheve the
redacted mfonnation qualifies for confidential treatment under 5 U. S. C 552(b) If you do not
respond within 30 days of receipt of this Notice, this constitutes a waiver of your nght to
contest the allegations in this Notice and authonzes the Associate Administrator for Pipeline
Safety to find facts as alleged in this Notice without further notice to you and to issue a Final
Order



In your correspondence on this matter, please refer to CPF 3-2007-5026 and for each
document you submit, please provide a copy in electromc format whenever possible.
Sincerely,
&J,
Ivan A Huntoon
Director, Central Region
Pipeline and Hazardous Materials Safety Administration
Enclosures' 'Proposed Compliance Order
Response Options for Pipeline Operators in Compliance Proceedkngs



PROPOSED COMPLIANCE ORDER
Pursuant to 49 United States Code ) 60118, the Pipeline and Hazardous Materials Safety
Administration (PHMSA) proposes to issue to Buckeye Partners a Compliance Order
incorporating the following remedial requirements to ensure the compliance of Buckeye
Partners with the pipeline safety regulations:
ln regard to Item Number 1 of the Notice pertaining to making accurate maps available
to operating personnel:
Within 90 days after receipt of a final order, make accurate updated maps available to
all field personnel on the Two Rivers Pipelme System.
In regard to Item Number 3(a)-(d) of the Notice pertaining to inaccurate telephone
number's on some of your lme markers
Within 90 days after receipt of a final order, present a plan and schedule for the
updatmg of all Buckeye Partners hne markers to only display a working telephone
number or numbers. The plan and schedule of updating of all lme markers shall
require that all work will be completed within 365 days of the final order.
In regard to Item Number 9(a) of the Notice pertaming to inspection of exposed pipe
on the Two Rivers Pipehne System for atinospheric corrosion:
Within 90 days after receipt of a final order, present a plan and work schedule for
identifying and mspecting all exposed pipe on the Two Rivers Pipeline System and all
other pipehne assets acquired from Equiion The plan and schedule shall require that
all work will be completed within 365 days of the final order.
Buckeye Partners shall maintain documentation of the safety improvement and
compliance costs associated with fulfilling this Compliance Order and submit the total
to Ivan A. Huntoon, Director, Central Region, Pipeline and Hazardous Materials
Safety Administration. Costs shall be reported in two categories. 1) total cost
associated with preparation/revision of plans, procedures, studies and analyses, and 2)
total cost associated with replacements, additions and other changes to pipeline
infrastructure These costs shall be reported within 90 days after the completion of the
task in this Comphance Order
10



Response Options for Pipeline Operators in Compliance Proceedings
The requirements of 49 C F R. Part 190, Subpart B ((~~ 190 201 — 190. 237) govern response to
Notices issued by a Regional Director, Pipeline and Hazardous Materials Safety Admimstration
(PHMSA)
Be advised that all material submitted by a respondent in response to an enforcement action is
subject to being made publicly available If you believe that any portion of your responsive
material qualifies for confidential treatment under 5 I. ', S C 552(b), along with the complete
original docuinent you must provide a second copy of the document with the portions you
believe qualify for confidential treatment redacted and an explanation of why you believe the
redacted information qualifies for confidential treatment under 5 1J S. C 552(b).
I Procedures for Res ondin to a NOTICE OF PROBABLE VIOLATION:
Within 30 days of receipt of a Notice of Probable Violation, the respondent shall respond
to the Regional Director who issued the Notice in the following way
a When the Notice contains a ro osed CIVIL PENALTY'--
1 Pay the proposed civil penalty and advise the Regional Director of the
payment This authorizes PHMSA to make findings and to close the case
with prejudice to the respondent Payment terms are outlined below:
2 Submit written explanations. information, or other materials m response to
the allegations and/or seek elimination or mitigation of the proposed civil
penalty. Refer to 49 C. F R. ) 190 225 for assessment considerations,
which include the respondent's abihty to pay and the effect on the
respondent's ability to stay m business, upon which civil penalties are
based, or
3. Request a hearing as described below to contest the allegations and/or'
proposed assessment of a civil penalty.
b When the Notice contains a ro osed COMPLIANCE ORDER*--
1 Notify the Regional Director that you intend to take the steps in the
proposed compliance order,
2 Submit written explanations, information, or other materials in answer to
the allegations in the Notice and object to or seek clarification of the
proposed compliance order items in whole or in part; or
3. Request a hearing as described below to contest the allegations and/or
proposed comphance order items.
1of5



c When the Notice contains a WARNING ITEM—
No writteii response is required The respondent is warned that if it does not
take appropnate action to correct these items, enforcement action will be
taken if a subsequent inspection reveals a. violation
"' Failure of the respondent to respond to the Notice within 30 days of receipt
constitutes a waiver of the right to contest the allegations in the Notice and authorizes
the Associate Admimstrator for Pipeline Safety to find facts as alleged in the Notice
without further notice to the respondent and to issue a Final Order
II. Procedures for Res ondin to a NOTICE OF AMENDMENT*—
Within 30 days of receipt of a Notice of Amendment, the respondent shall respond to the
Regional Director who issued the Notice in the following way
a. Notify the Regional Director of your plans to address the inadequacies
identified in the Notice;
b Submit written explanations, information, or other materials in answer to the
allegations m the Notice and/or object to or seek clanfication of the proposed
amendment items in whole or in part:, or
c. Request a hearing as descnbed below' to contest the allegations in the Notice.
* Failure of the respondent to respond to the Notice within 30 days of receipt
constitutes a waiver of the nght to contest the allegations m the Notice and authorizes
the Associate Administrator for Pipehne Safety to find facts as alleged in the Notice
without further notice to the respondent and to issue a Final Order.
III Procedure for Re uestin a Hearin
A request for a hearing must be in writing and accompanied by a statement of the issues
that the respondent intends to raise at the heanng. The issues may relate to the
allegations, new information, or to the proposed compliance order or proposed civil
penalty amount. Refer to 49 C F R P 190 225 for assessment considerations upon which
civil penalties are based. A respondent's failure to specify an issue inay result in waiver
of the right to raise that issue at the heanng. The respondent's request must also indicate
whether or not respondent will be represented by counsel at the hearing Failure to
request a heanng in writing within 30 days of receipt of a Notice waives the nght to a
heanng, In addition, if the amount of the proposed civil penalty or the proposed
corrective action is less than $10, 000, the hearing will be held by telephone, unless the
respondent submits a v ritten request for an in-person heanng Complete heanng
procedures can be found at 49 C F R $ 190 211
2of5



IV Extensions of Time
An extension of time to prepare an appropriate response to a Notice may. be granted, at
the agency's discretion. following submittal of a written request to the Regional Director
The request must indicate the amount of time needed and the reasons for the extension
The request must be submitted within 30 days of receipt of the Notice.
V. Freedom of Information Act
Any material prepared by PHMSA, including the violation report, the Notice. and any
order issued in this case, and any material provided to PHMSA by the respondent, may
be considered pubhc information and subject to disclosure under the Freedom of
Information Act (I OIA). If the information you provide is security sensitive, privileged,
confidential or may cause your company competitive disadvantages, please clearly
identify the material and provide justification why the documents, or portions of a
document, should not be released under FOIA. If we receive a request for your material,
we will notify you if PHMSA, after reviewing the materials and your provided
justification. determmes that withholding the materials does not meet any exemption
provided under the FOIA. You may appeal the agency's decision to release matenal
under the FOIA at that time. Your appeal will stay the release of those materials until a
final decision is made
VI, Small Business Re ulato Enforcement Fairness Act Information
The Small Business and Agricultural Regulatory Enforcement Ombudsman and 10
Regional Fairness Boards were established to receive comments fiom small businesses
about federal agency enforcement actions. The Ombudsman will annually evaluate the
enforcement activities and rate each agency's responsiveness to small busmess. If you
wish to comment on the enforcement actions of the Pipeline and Hazardous Matenals
Safety Administration, call I -888-REG-FAIR (1-888-734-3247) or go to
http. //w~w. sbp, gov/ombudsman!dsp faq html
3 of 5



VI I PAYMENT INSTRUCTIONS
Civil Penalty Payments of Less Than $10, 000
Payment of a civil penalty of less than $10, 000 proposed or assessed, under Subpart B of Part
190 of the Pipeline Safety Regulations can be made by certified check, money order or wire
transfer. Payment by certified check or money order (containing the CPF Number for this case)
should be made payab! e to the "Department of Transportation" and should be sent to:
Federal Av iation Admimstration
Mike Monroney Aeronautical Center
Fmancial Operations Division (AMZ-341) P 0, Box 25082
Oklahoma City, OK 73125-4915
%']re transfer payments of less than $10, 000 may be made through the Federal Reserve
Communications System (Fedwire) to the account of the U S Treasury Detailed instructions are
provided below Questions concermng wire transfer should be directed to the Financial
Operations Division at (405) 954-8893, or at the above address
Civil Penalty Payments of $10, 000 or more
Payment of a civil penalty of $10, 000 or more proposed or assessed under Subpart B of Part 190
of the Pipehne Safety Regulations must be made wire transfer (49 C F R. ( 89. 21 (b)(3)).
through the Federal Reserve Communications System (I edwire) to the account of the U. S.
Treasury. Detailed instructions are provided below. Questions concerning wire transfers should
be directed to the Financial Operations Divis~on at (405) 954-8893, or at the above address.
INSTRUCTIONS FOR ELECTRONIC FUND TRANSFERS
1 RECEIVER ABA'NO
021030004
(2) TYPE/SUB-TYPE
(Provided by sending bank)
(3) SENDING BANK ABA NO.
(Provided by sendmg bank)
(4) SENDING BANK REF NO
(Provided by sendmg bank)
(S) AMOUNT (6) SENDING BANK NAMF.
(Provided by sending bank)
(7) RECEIVER NAME
TREAS NYC
(8) PRODUCT CODE
(Normally C'I R, or as provided by sending
bank)
(9) BENEFICIAL BNF — AGENCY
LOCATION CODE
BNF = /ALC-69-14-0001
(10) REASONS FOR PAYMENT
Example PHMSA - CPF ¹/Ticket
Number/Pipeline Assessment number
4 of 5



INSTRUCTIONS: You, as sender of ihe wire transfer, must provide the sending bank with the
information for blocks (1), (5), (7), (9), and (10) The information provided in Blocks (1), (7),
and (9) are constant and remain the same f' or all wire transfers to the Pipehne and Hazardous
Materials Safety Administration, Department of Transportation
Block ¹1 — RECEIVER ABA NO. - "021030004" Ensure the sending bank enters this 9-digit
identification number, it represents the routing symbol for the U. S, Treasury at the Federal
Reserve Bank in New York
Block ¹5 - AMOUNT - You as the sender provide the amount of the transfer Please be sure the
transfer amount is punctuated with commas and a decimal point EXAMPLE: $10 000. 00
Block ¹y — RECEIVER NAME - n TREAS NYC". Ensure the sendrng bank enters tins
abbrevration It tnust be used for all w&re transfers to the Treasury Department
Block ¹9 - BENEFICIAL - AGENCY LOCATION CODE, — "BNF=/ALC-69-14-0001". Ensure
the sending bank enters this information This is the Agency. I. ocation Code for the Pipeline and
Hazardous Materials Safety Administration, Department of Transportation,
Block ¹10 - REASON FOR PAYMENT - "AC-paynient for PHMSA Case ¹ / To ensure your
wire transfer is credited properly, e~ter the case number/ticket number or Pipeline Assessment number,
and country "
NOTE: A wire transfer must comply with the format and instructions or the Department cannot
accept the v ire transfer You as the sender can assist this process by notifying the Financial
Operations Divis~on (405) 954-8893 at the time you send the wire transfer.
May 2007

320075026_FinalOrder_12302010_text.pdf

DEC 30 2010
Mr. Jerry J. Ashcroft
Vice President, Field Operations
Buckeye Partners, L.P.
5 Tek Park
9999 Hamilton Blvd
Breinigsville, PA 18031
Re: CPF No. 3-2007-5026
Dear Mr. Ashcroft:
Enclosed is the Final Order issued in the above-referenced case. It withdraws one of the
allegations of violation, makes findings of violation, assesses a civil penalty of $167,000, and
specifies actions to be taken to comply with the pipeline safety regulations. The penalty payment
terms are set forth in the Final Order. When the civil penalty is paid and the terms of the
compliance order completed, as determined by the Director, Central Region, PHMSA, this
enforcement action will be closed. Your receipt of the Final Order constitutes service of that
document under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. David Barrett, Director, Central Region, PHMSA
CERTIFIED MAIL – RETURN RECEIPT REQUESTED 7005 1160 0001 0041 0756]



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
______________________________
)
In the Matter of )
)
Buckeye Partners, L.P., ) CPF No. 3-2007-5026
)
Respondent )
______________________________)
FINAL ORDER
Between October 17, 2005 and March 16, 2006, pursuant to 49 U.S.C. § 60117, a representative
of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline
Safety conducted an on-site pipeline safety inspection of Respondent’s facilities in Illinois,
Indiana, Ohio, Michigan, and compliance records in Emmaus, Pennsylvania. As a result of the
inspection, the Director, Central Region, PHMSA, issued to Respondent, by letter dated
September 10, 2007, a Notice of Probable Violation, Proposed Civil Penalty, and Proposed
Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed
finding that Respondent had committed violations of 49 C.F.R. Part 195 and proposed assessing
a civil penalty of $202,000 for the alleged violations. The Notice also proposed ordering
Respondent to take certain measures to correct the alleged violations.
After requesting and receiving an extension of time, Respondent responded to the Notice by
letter dated December 12, 2007 (Response). Respondent contested three of the allegations of
violation, offered explanations, provided information concerning the corrective actions it has
taken, and requested that the proposed civil penalty be reduced. Respondent did not request a
hearing, and therefore has waived its right to one.
FINDINGS OF VIOLATION
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402, which states:
§ 195.402 Procedural manual for operations, maintenance, and
emergencies.
(a) General. Each operator shall prepare and follow for each pipeline
system a manual of written procedures for conducting normal operations
and maintenance activities and handling abnormal operations and



2
emergencies. This manual shall be reviewed at intervals not exceeding 15
months, but at least once each calendar year, and appropriate changes
made as necessary to insure that the manual is effective. This manual shall
be prepared before initial operations of a pipeline system commence, and
appropriate parts shall be kept at locations where operations and
maintenance activities are conducted.
* * *
(c) Maintenance and normal operations. The manual required by
paragraph (a) of this section must include procedures for the following to
provide safety during maintenance and normal operations:
(1) Making construction records, maps, and operating history available
as necessary for safe operation and maintenance.
Specifically, Item 1 in the Notice alleged that Respondent failed to follow its procedures for
making accurate maps available for the safe operation of the Two Rivers Pipeline. Respondent’s
field personnel were found to be using outdated alignment sheets that did not reflect the presence
of certain valves and stations that had been installed or removed.
In its Response, Respondent did not dispute the allegation in the Notice that the alignment sheets
in use were inaccurate, but provided information and explanations of potential relevance to a
penalty assessment. Accordingly, after considering all the evidence, I find that Respondent
violated 49 C.F.R. § 195.402 as more fully described in the notice. The explanatory information
will be discussed in the Assessment of Penalty section below.
Item 2a: The Notice alleged that Respondent violated 49 C.F.R. § 195.404(c), which states:
§ 195.404 Maps and records.
(c) Each operator shall maintain the following records for the periods
specified:
(1) The date, location, and description of each repair made to pipe
shall be maintained for the useful life of the pipe.
(2) The date, location, and description of each repair made to parts of
the pipeline system other than pipe shall be maintained for at least 1 year.
(3) A record of each inspection and test required by this subpart shall
be maintained for at least 2 years or until the next inspection or test is
performed, whichever is longer.
Specifically, Item 2a in the Notice alleged that Respondent failed to maintain records of certain
monthly breakout tank inspections required by § 195.432.
In its Response, Respondent did not dispute the allegation in the Notice that it did not maintain
complete records of the specified monthly breakout tank inspections, but explained that “some”
of the inspection records were not missing entirely, but rather were incomplete because they
lacked completion dates. Respondent, however, did not provide documentation demonstrating
which of these records were missing and which were incomplete. In any event, maintaining
incomplete records constitutes a failure to maintain all required records. Accordingly, after



3
considering all the evidence, I find that Respondent violated 49 C.F.R. § 195.404(c) as more
fully described in the notice.
Item 2b: The Notice alleged that Respondent violated 49 C.F.R. § 195.404(c), which states:
§ 195.404 Maps and records.
(c) Each operator shall maintain the following records for the periods
specified:
(1) The date, location, and description of each repair made to pipe
shall be maintained for the useful life of the pipe.
(2) The date, location, and description of each repair made to parts of
the pipeline system other than pipe shall be maintained for at least 1 year.
(3) A record of each inspection and test required by this subpart shall
be maintained for at least 2 years or until the next inspection or test is
performed, whichever is longer.
Specifically, Item 2b in the Notice alleged that Respondent failed to maintain records of certain
main line valve inspections required by § 195.420.
In its Response, Respondent did not dispute the allegation in the Notice that it did not maintain
complete records of the specified main line valve inspections, but offered the same explanation it
provided for Item 2b that the records were incomplete. Maintaining incomplete records
constitutes a failure to maintain all required records. Accordingly, after considering all the
evidence, I find that Respondent violated 49 C.F.R. § 195.404(c) as more fully described in the
notice.
Item 2c: The Notice alleged that Respondent violated 49 C.F.R. § 195.404(c), which states:
§ 195.404 Maps and records.
(c) Each operator shall maintain the following records for the periods
specified:
(1) The date, location, and description of each repair made to pipe
shall be maintained for the useful life of the pipe.
(2) The date, location, and description of each repair made to parts of
the pipeline system other than pipe shall be maintained for at least 1 year.
(3) A record of each inspection and test required by this subpart shall
be maintained for at least 2 years or until the next inspection or test is
performed, whichever is longer.
Specifically, Item 2c in the Notice alleged that Respondent failed to maintain records
documenting completion of the Bradley Road relief valve inspection on the Tole
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