{"operation":"document","citation":"CPF 52021031NOPV","title":"WYOMING REFINING CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-08-11","effective_on":null,"summary":"CLOSED notice of probable violation citing 199.101(a), 199.105(b), 199.105(c), 199.105(c)(1), 199.105(c)(2), 199.117(a)(5), 199.119(a), 199.202, 199.225(a)(1), 199.227(a), 199.227(b), 199.227(b)(4), 40.25(a), 40.347(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021031nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021031nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021031nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021031NOPV","body":"Notice of Probable Violation involving WYOMING REFINING CO. PHMSA's enforcement data identifies the cited regulations as 199.101(a),  199.105(b),  199.105(c),  199.105(c)(1),  199.105(c)(2),  199.117(a)(5),  199.119(a),  199.202,  199.225(a)(1),  199.227(a),  199.227(b),  199.227(b)(4),  40.25(a),  40.347(b)(2). The case was opened on 2021-08-11 and is reported as closed as of 2022-03-21. Proposed civil penalty: $72,400. Assessed civil penalty: $72,400. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021031NOPV_Closure Letter_03212022_(21-208158).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021031NOPV/52021031NOPV_Closure%20Letter_03212022_(21-208158).pdf\n\n52021031NOPV_Closure Letter_03212022_(21-208158)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021031NOPV/52021031NOPV_Closure%20Letter_03212022_(21-208158)_text.pdf\n\n52021031NOPV_Final Order_10142021_(21-208158).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021031NOPV/52021031NOPV_Final%20Order_10142021_(21-208158).pdf\n\n52021031NOPV_Final Order_10142021_(21-208158)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021031NOPV/52021031NOPV_Final%20Order_10142021_(21-208158)_text.pdf\n\n52021031NOPV_PCP PCO_08112021_(21-208158).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021031NOPV/52021031NOPV_PCP%20PCO_08112021_(21-208158).pdf\n\n52021031NOPV_PCP PCO_08112021_(21-208158)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021031NOPV/52021031NOPV_PCP%20PCO_08112021_(21-208158)_text.pdf\n\n52021031NOPV_Final Order_10142021_(21-208158)_text.pdf\n\nOctober 14, 2021\nVIA ELECTRONIC MAIL TO: jisrael@parpacific.com\nMr. Joseph Israel\nPresident and Chief Executive Officer\nPar Petroleum, LLC\n825 Town & Country Lane, Suite 1500\nHouston, Texas 77024\nRe: CPF No. 5-2021-031-NOPV\nDear Mr. Israel:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation, assesses a civil penalty of $72,400, and specifies actions that need to be taken to\ncomply with the pipeline safety regulations. When the civil penalty has been paid and the terms\nof the compliance order are completed, as determined by the Director, Western Region, this\nenforcement action will be closed. Service of the Final Order by e-mail is effective upon the date\nof transmission as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosures (Final Order and NOPV)\ncc: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA\nMr. Michael Farnsworth, Vice President, Wyoming Refining Company,\nmfarnsworth@parpacific.com\nMr. Mathew Ellman, Logistics Manager, Wyoming Refining Company,\nmellman@parpacific.com\nMr. William Pate, President and Chief Executive Officer, Par Pacific Holdings, Inc.,\nwpate@parpacific.com\nCONFIRMATION OF 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__________________________________________\nIn the Matter of )\nWyoming Refining Company, ) CPF No. 5-2021-031-NOPV\na subsidiary of Par Pacific Holdings, Inc., )\n)\n)\n)\nRespondent. )\n__________________________________________)\nFINAL ORDER\nOn August 11, 2021, pursuant to 49 C.F.R. § 190.207, the Director, Western Region, Office of\nPipeline Safety (OPS), issued a Notice of Probable Violation, Proposed Civil Penalty, and\nProposed Compliance Order (Notice) to Wyoming Refining Company1 (Respondent). The\nNotice proposed finding that Respondent had violated the pipeline safety regulations in\n49 C.F.R. Part 199.2 The Notice also proposed certain measures to correct the violations.\nRespondent did not contest the allegations of violation, the proposed civil penalty, or corrective\nmeasures.\nBased upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the\npipeline safety regulations listed below, as more fully described in the enclosed Notice, which is\nincorporated by reference:\n49 C.F.R. § 40.347 (Item 2) ─ Respondent failed to properly distinguish its\nDOT/PHMSA covered employees as defined in § 199.3 from its non-covered\nemployees in the random drug test pool.\n49 C.F.R. § 199.101 (Item 3) ─ Respondent failed to maintain and follow a\nwritten anti-drug plan that conformed to the requirements of Part 199 and the\nDOT Procedures.3\n1 Par Pacific Holdings, Inc. owns the Wyoming Refining Company [OPID 30756] and the Wyoming Pipeline Company [OPID\n32537], which are PHMSA regulated pipeline operators that must meet the PHMSA D&A regulations. Wyoming Refining\nCompany manages the PHMSA D&A program. Wyoming Pipeline Company is included as a business unit in the Wyoming\nRefining Company PHMSA D&A program.\n2 Pursuant to § 199.5, violations, as alleged in this Notice, of the DOT Procedures in 49 CFR Part 40 for anti-drug and alcohol\nprograms required by Part 199 are violations of Part 199.\n3 Section 199.3 defines the DOT Procedures to mean the Procedures for Transportation Workplace Drug and Alcohol Testing\nPrograms published by the Office of the Secretary of Transportation in 49 CFR Part 40.\n\n\n\nCPF No. 5-2021-031-NOPV\nPage 2\n49 C.F.R. § 199.105 (Item 5) ─ Respondent failed to conduct random drug tests\nfor the presence of a prohibited drug at the minimum annual percentage rate of 50\npercent of its covered employees.\n49 C.F.R. § 199.202 (Item 8) ─ Respondent failed to maintain and follow a\nwritten alcohol misuse prevention plan that conformed to the requirements of Part\n199 and the DOT Procedures.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent. In accordance with 49 C.F.R. § 190.223, I assess Respondent a\ntotal civil penalty of $72,400.\nPayment of the civil penalty must be made within 20 days of service. Federal regulations (49\nC.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal\nReserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed\ninstructions are contained in the enclosure. Questions concerning wire transfers should be\ndirected to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike\nMonroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169.\nThe Financial Operations Division telephone number is (405) 954-8845.\nFailure to pay the $72,400 civil penalty will result in accrual of interest at the current annual rate\nin accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to\nthose same authorities, a late penalty charge of six percent (6%) per annum will be charged if\npayment is not made within 110 days of service. Furthermore, failure to pay the civil penalty\nmay result in referral of the matter to the Attorney General for appropriate action in a district\ncourt of the United States.\nCOMPLIANCE ACTIONS\nPursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the\nactions proposed in the enclosed Notice to correct the violations. The Director may grant an\nextension of time to comply with any of the required items upon a written request timely\nsubmitted by the Respondent and demonstrating good cause for an extension. Upon completion\nof ordered actions, Respondent may request that the Director close the case. Failure to comply\nwith this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in\nreferral to the Attorney General for appropriate relief in a district court of the United States.\nWARNING ITEMS\nWith respect to Items 1, 4, 6, 7, 9, and 10, the Notice alleged probable violations of 49 C.F.R. §§\n40.25, 199.105, 199.117, 199.119, 199.225, and 199.227, respectively, but did not propose a civil\npenalty or compliance order for these items. Therefore, these are considered to be warning\nitems. If OPS finds a violation of any of these items in a subsequent inspection, Respondent may\nbe subject to future enforcement action.\n\n\n\nCPF No. 5-2021-031-NOPV\nPage 3\nThe terms and conditions of this order are effective upon service in accordance with 49 C.F.R.\n§ 190.5.\nOctober 14, 2021\n___________________________________ _________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n52021031NOPV_Closure Letter_03212022_(21-208158)_text.pdf\n\nVIA E-MAIL TO MR. WILLIAM PATE\nMarch 21, 2022\nMr. William Pate\nPresident and Chief Executive Officer\nPar Petroleum, LLC\n825 Town & Country Lane, Suite 1500\nHouston, Texas 77024\nCPF 5-2021-031-NOPV\nClosure Letter\nDear Mr. Pate:\nOn October 14, 2021, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Wyoming Refining Company (WRC), a subsidiary of Par Pacific Holdings, Inc., a\nFinal Order in the above-referenced case. This Order included a Compliance Order (CO) which\nrequired WRC to undertake a study to correctly identify its DOT covered employees subject to\nDOT Drug & Alcohol (D&A) testing. The CO also required WRC to develop a written anti-drug\nplan and a written alcohol misuse prevention plan or a combined D&A plan that contains the\nspecific methods and procedures WRC uses to comply with the requirements in 49 CFR Part 199\nand the DOT Procedures in 49 CFR Part 40.\nThe PHMSA Western Region received and reviewed WRC’s amended written D&A plan\nwith a list of covered employees that WRC submitted to PHMSA in correspondence dated\nMarch 4, 2022. After our review we find them adequate. This letter is to inform you that\nWRC has complied with the terms of the Final Order and that no further actions are\nnecessary. This case is now closed.\nPlease be advised that this letter refers only to the Final Order (CPF 5-2021-031-NOPV) and\nnot to other PHMSA pending cases, if any. Also be advised that nothing herein states or\nimplies that the above described written D&A plan meets the requirements of the federal\npipeline safety regulations or that the WRC written D&A plan is approved. The WRC D&A\nprogram remains subject to inspection by PHMSA.\nSincerely,\n\n\n\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry","truncated":false,"body_characters":10314}