CPF 52023043NOPV
CPF 52023043NOPV
party submissionOfficial PDF52023043NOPV_Operator Response to Notice_11202023_(22-239216).pdf#
case documentOfficial PDF52023043NOPV_PCO_10252023_(22-239216).pdf#
case documentOfficial PDF52023043NOPV_PCO_10252023_(22-239216)_text.pdf#
52023043NOPV_Final Order_01092024_(22-239216)_text.pdf, page 1Official PDFJanuary 9, 2024 VIA ELECTRONIC MAILTO: ewright@parpacific.com Mr. Eric Wright President Par Hawaii Refining, LLC 91-325 Komohana Street Kapolei, HI 96707 Re: CPF No. 5-2023-043-NOPV Dear Mr. Wright: Enclosed please find the Final Order issued in the above-referenced case. It makes findings of violation and finds that the proposed actions to comply with the pipeline safety regulations have been completed. This case is now closed. Service of the Final Order by e-mail is effective upon the date of transmission and acknowledgement of receipt 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. Mark Hepburn, Par Hawaii Refining, LLC, Vice President, Hawaii Logistics, mhepburn@parpacific.com Ms. Michelle Loveless, Par Hawaii Refining, LLC, Compliance Coordinator, mloveless@parpacific.com CONFIRMATION OF RECEIPT REQUESTED#
52023043NOPV_Final Order_01092024_(22-239216)_text.pdf, page 3U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ______________________________________ In the Matter of ) Par Hawaii Refining, LLC, ) CPF No. 5-2023-043-NOPV a subsidiary of Par Pacific Holdings, Inc., ) ) ) ) Respondent. ) ______________________________________) FINAL ORDER On October 25, 2023, pursuant to 49 C.F.R. § 190.207, the Director, Western Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Par Hawaii Refining, LLC (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 195. The Notice also proposed certain measures to correct the violations. Respondent did not contest the allegations of violation 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. § 195.446(c)(3) (Item 3) ─ Respondent failed to test and verify an internal communication plan to provide adequate means for manual operation of the pipeline safely, at least once each calendar year, but at intervals not to exceed 15 months; 49 C.F.R. § 195.446(h)(6) (Item 5) ─ Respondent failed to provide for training each controller to carry out the roles and responsibilities defined by the operator as required; and 49 C.F.R. § 195.446(j)(1) (Item 6) ─ Respondent failed to provide records to demonstrate that it was in compliance with § 195.446(c)(1). These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent.#
52023043NOPV_Final Order_01092024_(22-239216)_text.pdf, page 4Compliance Actions The Director has indicated that Respondent completed the actions proposed in the Notice to correct the violations. Therefore, it is not necessary to include the proposed compliance terms in this Final Order. Warning Items With respect to Items 1, 2, and 4, the Notice alleged probable violations of 49 C.F.R. §§ 195.446(a), 195.446(c)(2), and 195.446(c)(4), 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. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. January 9, 2024 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.