WYOMING REFINING CO — Notice of Probable Violation

case documentOfficial PDF52021031NOPV_PCP PCO_08112021_(21-208158).pdf#

case documentOfficial PDF52021031NOPV_PCP PCO_08112021_(21-208158)_text.pdf#

52021031NOPV_Final Order_10142021_(21-208158)_text.pdf, page 1Official PDFOctober 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#

52021031NOPV_Final Order_10142021_(21-208158)_text.pdf, page 2U.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.#

52021031NOPV_Final Order_10142021_(21-208158)_text.pdf, page 3CPF 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.#

52021031NOPV_Final Order_10142021_(21-208158)_text.pdf, page 4CPF 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, page 1Official PDFVIA 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,#

52021031NOPV_Closure Letter_03212022_(21-208158)_text.pdf, page 2Dustin Hubbard Director, Western Region, Office of Pipeline Safety Pipeline and Hazardous Materials Safety Administration cc: PHP-60 Compliance Registry#