{"operation":"document","citation":"CPF 320135002","title":"WEST SHORE PIPELINE CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-01-08","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.404(c)(3), 195.412(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135002","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320135002","body":"Notice of Probable Violation involving WEST SHORE PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.404(c)(3),  195.412(b). The case was opened on 2013-01-08 and is reported as closed as of 2013-04-19. Proposed civil penalty: $26,300. Assessed civil penalty: $26,300. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320135002_Final Order_04192013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135002/320135002_Final%20Order_04192013.pdf\n\n320135002_Final Order_04192013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135002/320135002_Final%20Order_04192013_text.pdf\n\n320135002_NOPV PCP_01082013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135002/320135002_NOPV%20PCP_01082013.pdf\n\n320135002_NOPV PCP_01082013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135002/320135002_NOPV%20PCP_01082013_text.pdf\n\n320135002_Operator Response_02112013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135002/320135002_Operator%20Response_02112013.pdf\n\n320135002_Final Order_04192013_text.pdf\n\nAPRIL 19, 2013\nMr. Clark Smith\nPresident & Chief Executive Officer\nBuckeye Partners, LP\nOne Greenway Plaza Suite 600\nHouston, TX 77046\nRe: CPF No. 3-2013-5002\nDear Mr. Smith:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and assesses a civil penalty of $26,300. This is to acknowledge receipt of payment of\nthe full penalty amount, by wire transfer, dated February 11, 2013. This enforcement action is\nnow closed. Service of the Final Order by certified mail is deemed effective upon the date of\nmailing, or as otherwise provided 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. Thomas (Scott) Collier, Director, Performance Assurance, Buckeye Partners, LP,\nFive TEK Park, 9999 Hamilton Boulevard, Breinigsville, PA 18031\nMr. David Barrett, Central Region Director, OPS\nMr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\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, LP, ) CPF No. 3-2013-5002\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn April 12-15 and May 23-27, 2011, pursuant to 49 U.S.C. § 60117, a representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the operations and maintenance records\nof West Shore Pipe Line Company in Breinigsville, Pennsylvania and conducted a field\ninspection in Illinois and Wisconsin. Buckeye Partners, LP (Buckeye or Respondent), operates\nthe West Shore Pipe Line system, which originates in the Chicago, Illinois area and extends\nnorth to Green Bay, Wisconsin, and northwest to Madison, Wisconsin.1\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated January 8, 2013, a Notice of Probable Violation and Proposed Civil Penalty\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Buckeye had\nviolated 49 C.F.R. §§ 195.404 and 195.412 and proposed assessing a civil penalty of $26,300 for\nthe alleged violations.\nBuckeye responded to the Notice by letter dated February 11, 2013 (Response). The company\ndid not contest the allegations of violation and paid the proposed civil penalty of $26,300, as\nprovided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice\nto Respondent.\nFINDINGS OF VIOLATION\nIn its Response, Buckeye did not contest the allegations in the Notice that it violated\n49 C.F.R. Part 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.404(c)(3), which states:\n1 See http://www.westshorepipeline.com/ (last accessed April 11, 2013).\n\n\n\n2\n§ 195.404 Maps and records.\n(a) . . .\n(c) Each operator shall maintain the following records for the\nperiods specified:\n(1) . . .\n(3) A record of each inspection and test required by this subpart\nshall be maintained for at least 2 years or until the next inspection or test\nis performed, whichever is longer.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.404(c)(3) by failing to maintain a\nrecord of each inspection and test performed during 2009-2010 of its West Shore Pipeline.\nSpecifically, the Notice alleged that Buckeye did not document whether 10 discharge pressure\nswitches and 14 discharge pressure transmitters that it utilized as overpressure safety devices\nwere functioning properly in accordance with § 195.428(a).2\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.404(c)(3) by failing to maintain\na record of each inspection and test performed during 2009-2010 of its West Shore Pipeline.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.412(b), which states:\n§ 195.412 Inspection of rights-of-way and crossings under navigable\nwaters.\n(a) …\n(b) Except for offshore pipelines, each operator shall, at intervals\nnot exceeding 5 years, inspect each crossing under a navigable waterway\nto determine the condition of the crossing.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.412(b) by failing to inspect one\ncrossing under a navigable waterway to determine its condition, within an interval not exceeding\nfive years from the last inspection. Specifically, the Notice alleged that Buckeye inspected the\nunderwater navigable waterway crossing for the 1/16-inch Fox River Lateral pipeline at Green\nBay, Wisconsin, on April 19, 2005, but not again until November 23, 2010. Buckeye thus\nexceeded the five-year interval by seven months and four days.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.412(b) by failing to inspect one\ncrossing under a navigable waterway to determine its condition, within an interval not exceeding\nfive years from the last inspection.\n2 Section 195.428(a) states:\n§ 195.428 Overpressure safety devices and overfill protection systems:\n(a) Each operator shall, at intervals not exceeding 15 months, but at least once each\ncalendar year, inspect and test each pressure limiting device, relief device, pressure\nregulator, or other item of pressure control equipment to determine that it is functioning\nproperly, is in good mechanical condition, and is adequate from the standpoint of\ncapacity and reliability of operation for the service in which it is used.\n\n\n\n3\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$100,000 per violation for each day of the violation, up to a maximum of $1,000,000 for any\nrelated series of violations. In determining the amount of a civil penalty under\n49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,\ncircumstances, and gravity of the violation, including adverse impact on the environment; the\ndegree of Respondent’s culpability; the history of Respondent’s prior offenses; the Respondent’s\nability to pay the penalty and any effect that the penalty may have on its ability to continue doing\nbusiness; and the good faith of Respondent in attempting to comply with the pipeline safety\nregulations. In addition, I may consider the economic benefit gained from the violation without\nany reduction because of subsequent damages, and such other matters as justice may require.\nThe Notice proposed a total civil penalty of $26,300 for the violations cited above.\nItem 1: The Notice proposed a civil penalty of $16,300 for Respondent’s violation of\n49 C.F.R. § 195.404(c)(3), for failing to adequately document inspections during 2009-2010 of\nits West Shore Pipeline. Buckeye neither contested the allegation nor presented any evidence or\nargument justifying a reduction in the proposed penalty. The proper functioning of overpressure\nsafety devices is necessary to prevent a pipeline failure due to overpressure, which could have\nserious consequences for people and the environment. Accordingly, having reviewed the record\nand considered the assessment criteria, I assess Respondent a civil penalty of $16,300 for\nviolation of 49 C.F.R. § 195.404(c)(3).\nItem 2: The Notice proposed a civil penalty of $10,000 for Respondent’s violation of\n49 C.F.R. § 195.412(b), for failing to inspect one crossing under a navigable waterway to\ndetermine its condition, within an interval not exceeding five years from the last inspection.\nBuckeye neither contested the allegation nor presented any evidence or argument justifying a\nreduction in the proposed penalty. Maintaining a system of inspection ensures reasonable\npromptness in the detection of all surface conditions on and adjacent to the pipeline crossings.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess\nRespondent a civil penalty of $10,000 for violation of 49 C.F.R. § 195.412(b).\nIn summary, having reviewed the record and considered the assessment criteria for each of the\nItems cited above, I assess Respondent a total civil penalty of $26,300.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":9906}