{"operation":"document","citation":"CPF 52023062WL","title":"ELLSJET TERMINAL — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-12-19","effective_on":null,"summary":"CLOSED warning letter citing 194.107(c)(1)(ix).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023062wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023062wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023062wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52023062WL","body":"Warning Letter involving ELLSJET TERMINAL. PHMSA's enforcement data identifies the cited regulation as 194.107(c)(1)(ix). The case was opened on 2023-12-19 and is reported as closed as of 2023-12-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52023062WL_Warning Letter_12192023_(23-264927).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023062WL/52023062WL_Warning%20Letter_12192023_(23-264927).pdf\n\n52023062WL_Warning Letter_12192023_(23-264927)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023062WL/52023062WL_Warning%20Letter_12192023_(23-264927)_text.pdf\n\n52023062WL_Warning Letter_12192023_(23-264927)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: MR. CHET GREENE\nDecember 19, 2023\nMr. Chet Greene\nVP Pipeline & Terminals\nPar Pacific Holdings / Ellsjet Terminal\n825 Town & Country Lane, Suite 1500\nHouston, TX 77024\nCPF 5-2023-062-WL\nDear Mr. Greene:\nFrom August 14, 2023, to August 16, 2023, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected Ellsjet Terminal (Ellsjet), specifically the pipeline section from Ellsjet to\nEllsworth Air Force Base located in Rapid City, South Dakota. Ellsjet Terminal is a subsidiary of\nPar Pacific Holdings.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected\nand the probable violation is:\n1. §194.107 General response plan requirements.\n(a) . . . .\n(c) Each response plan must include:\n\n\n\n(1) A core plan consisting of –\n(i) . . . .\n(ix) Drill program—an operator will satisfy the requirement for a drill program by\nfollowing the National Preparedness for Response Exercise Program (PREP)\nguidelines. An operator choosing not to follow PREP guidelines must have a drill\nprogram that is equivalent to PREP. The operator must describe the drill program\nin the response plan and OPS will determine if the program is equivalent to PREP.\nEllsjet failed to satisfy the requirement for a drill program as they did not follow National\nPreparedness for Response Exercise Program (PREP) guidelines or an equivalent program.\nSpecifically, Ellsjet failed to perform a tabletop drill or equipment deployment per the PREP\nguidelines. During the records inspection, Ellsjet supervisors were unable to provide a record of\ntabletop drills or equipment deployment for 1/2020-8/2023 for the Ellsjet Terminal Facility\nResponse Plan.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a\nrelated series of violations. For violation occurring on or after March 21, 2022, and before\nJanuary 6, 2023, the maximum penalty may not exceed $239,142 per violation per day the\nviolation persists, up to a maximum of $2,391,142 for a related series of violations. For violation\noccurring on or after May 3, 2021, and before March 21, 2022, the maximum penalty may not\nexceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for\na related series of violations. For violation occurring on or after January 11, 2021, and before\nMay 3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation\npersists, up to a maximum of $2,225,034 for a related series of violations. For violation\noccurring on or after July 31, 2019, and before January 11, 2021, the maximum penalty may not\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for\na related series of violations. For violation occurring on or after November 27, 2018, and before\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,\n2015, and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item identified in this letter. Failure to do so will result in\nEllsjet being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2023-062-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\n\n\n\nthe redacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 L. Green, J. Luo (#23-264927)\nMaureen Burns – Northwest Programs Supervisor (MBurns@parpacific.com)\nSara Peterson – Pipeline Logistics Supervisor (speterson@parpacific.com)","truncated":false,"body_characters":5490}