# WYOMING REFINING CO — Notice of Probable Violation

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

Official case documents:

52021031NOPV_Closure Letter_03212022_(21-208158).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021031NOPV/52021031NOPV_Closure%20Letter_03212022_(21-208158).pdf

52021031NOPV_Closure Letter_03212022_(21-208158)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021031NOPV/52021031NOPV_Closure%20Letter_03212022_(21-208158)_text.pdf

52021031NOPV_Final Order_10142021_(21-208158).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021031NOPV/52021031NOPV_Final%20Order_10142021_(21-208158).pdf

52021031NOPV_Final Order_10142021_(21-208158)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021031NOPV/52021031NOPV_Final%20Order_10142021_(21-208158)_text.pdf

52021031NOPV_PCP PCO_08112021_(21-208158).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021031NOPV/52021031NOPV_PCP%20PCO_08112021_(21-208158).pdf

52021031NOPV_PCP PCO_08112021_(21-208158)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021031NOPV/52021031NOPV_PCP%20PCO_08112021_(21-208158)_text.pdf

52021031NOPV_Final Order_10142021_(21-208158)_text.pdf

October 14, 2021
VIA ELECTRONIC MAIL TO: jisrael@parpacific.com
Mr. Joseph Israel
President and Chief Executive Officer
Par Petroleum, LLC
825 Town & Country Lane, Suite 1500
Houston, Texas 77024
Re: CPF No. 5-2021-031-NOPV
Dear Mr. Israel:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation, assesses a civil penalty of $72,400, and specifies actions that need to be taken to
comply with the pipeline safety regulations. When the civil penalty has been paid and the terms
of the compliance order are completed, as determined by the Director, Western Region, this
enforcement action will be closed. Service of the Final Order by e-mail is effective upon the date
of transmission as provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosures (Final Order and NOPV)
cc: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA
Mr. Michael Farnsworth, Vice President, Wyoming Refining Company,
mfarnsworth@parpacific.com
Mr. Mathew Ellman, Logistics Manager, Wyoming Refining Company,
mellman@parpacific.com
Mr. William Pate, President and Chief Executive Officer, Par Pacific Holdings, Inc.,
wpate@parpacific.com
CONFIRMATION OF RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
__________________________________________
In the Matter of )
Wyoming Refining Company, ) CPF No. 5-2021-031-NOPV
a subsidiary of Par Pacific Holdings, Inc., )
)
)
)
Respondent. )
__________________________________________)
FINAL ORDER
On August 11, 2021, pursuant to 49 C.F.R. § 190.207, the Director, Western Region, Office of
Pipeline Safety (OPS), issued a Notice of Probable Violation, Proposed Civil Penalty, and
Proposed Compliance Order (Notice) to Wyoming Refining Company1 (Respondent). The
Notice proposed finding that Respondent had violated the pipeline safety regulations in
49 C.F.R. Part 199.2 The Notice also proposed certain measures to correct the violations.
Respondent did not contest the allegations of violation, the proposed civil penalty, or corrective
measures.
Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the
pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is
incorporated by reference:
49 C.F.R. § 40.347 (Item 2) ─ Respondent failed to properly distinguish its
DOT/PHMSA covered employees as defined in § 199.3 from its non-covered
employees in the random drug test pool.
49 C.F.R. § 199.101 (Item 3) ─ Respondent failed to maintain and follow a
written anti-drug plan that conformed to the requirements of Part 199 and the
DOT Procedures.3
1 Par Pacific Holdings, Inc. owns the Wyoming Refining Company [OPID 30756] and the Wyoming Pipeline Company [OPID
32537], which are PHMSA regulated pipeline operators that must meet the PHMSA D&A regulations. Wyoming Refining
Company manages the PHMSA D&A program. Wyoming Pipeline Company is included as a business unit in the Wyoming
Refining Company PHMSA D&A program.
2 Pursuant to § 199.5, violations, as alleged in this Notice, of the DOT Procedures in 49 CFR Part 40 for anti-drug and alcohol
programs required by Part 199 are violations of Part 199.
3 Section 199.3 defines the DOT Procedures to mean the Procedures for Transportation Workplace Drug and Alcohol Testing
Programs published by the Office of the Secretary of Transportation in 49 CFR Part 40.



CPF No. 5-2021-031-NOPV
Page 2
49 C.F.R. § 199.105 (Item 5) ─ Respondent failed to conduct random drug tests
for the presence of a prohibited drug at the minimum annual percentage rate of 50
percent of its covered employees.
49 C.F.R. § 199.202 (Item 8) ─ Respondent failed to maintain and follow a
written alcohol misuse prevention plan that conformed to the requirements of Part
199 and the DOT Procedures.
These findings of violation will be considered prior offenses in any subsequent enforcement
action taken against Respondent. In accordance with 49 C.F.R. § 190.223, I assess Respondent a
total civil penalty of $72,400.
Payment of the civil penalty must be made within 20 days of service. Federal regulations (49
C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal
Reserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed
instructions are contained in the enclosure. Questions concerning wire transfers should be
directed to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169.
The Financial Operations Division telephone number is (405) 954-8845.
Failure to pay the $72,400 civil penalty will result in accrual of interest at the current annual rate
in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to
those same authorities, a late penalty charge of six percent (6%) per annum will be charged if
payment is not made within 110 days of service. Furthermore, failure to pay the civil penalty
may result in referral of the matter to the Attorney General for appropriate action in a district
court of the United States.
COMPLIANCE ACTIONS
Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the
actions proposed in the enclosed Notice to correct the violations. The Director may grant an
extension of time to comply with any of the required items upon a written request timely
submitted by the Respondent and demonstrating good cause for an extension. Upon completion
of ordered actions, Respondent may request that the Director close the case. Failure to comply
with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in
referral to the Attorney General for appropriate relief in a district court of the United States.
WARNING ITEMS
With respect to Items 1, 4, 6, 7, 9, and 10, the Notice alleged probable violations of 49 C.F.R. §§
40.25, 199.105, 199.117, 199.119, 199.225, and 199.227, respectively, but did not propose a civil
penalty or compliance order for these items. Therefore, these are considered to be warning
items. If OPS finds a violation of any of these items in a subsequent inspection, Respondent may
be subject to future enforcement action.



CPF No. 5-2021-031-NOPV
Page 3
The terms and conditions of this order are effective upon service in accordance with 49 C.F.R.
§ 190.5.
October 14, 2021
___________________________________ _________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety

52021031NOPV_Closure Letter_03212022_(21-208158)_text.pdf

VIA E-MAIL TO MR. WILLIAM PATE
March 21, 2022
Mr. William Pate
President and Chief Executive Officer
Par Petroleum, LLC
825 Town & Country Lane, Suite 1500
Houston, Texas 77024
CPF 5-2021-031-NOPV
Closure Letter
Dear Mr. Pate:
On October 14, 2021, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to Wyoming Refining Company (WRC), a subsidiary of Par Pacific Holdings, Inc., a
Final Order in the above-referenced case. This Order included a Compliance Order (CO) which
required WRC to undertake a study to correctly identify its DOT covered employees subject to
DOT Drug & Alcohol (D&A) testing. The CO also required WRC to develop a written anti-drug
plan and a written alcohol misuse prevention plan or a combined D&A plan that contains the
specific methods and procedures WRC uses to comply with the requirements in 49 CFR Part 199
and the DOT Procedures in 49 CFR Part 40.
The PHMSA Western Region received and reviewed WRC’s amended written D&A plan
with a list of covered employees that WRC submitted to PHMSA in correspondence dated
March 4, 2022. After our review we find them adequate. This letter is to inform you that
WRC has complied with the terms of the Final Order and that no further actions are
necessary. This case is now closed.
Please be advised that this letter refers only to the Final Order (CPF 5-2021-031-NOPV) and
not to other PHMSA pending cases, if any. Also be advised that nothing herein states or
implies that the above described written D&A plan meets the requirements of the federal
pipeline safety regulations or that the WRC written D&A plan is approved. The WRC D&A
program remains subject to inspection by PHMSA.
Sincerely,



Dustin Hubbard
Director, Western Region, Office of Pipeline Safety
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
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