# ELLSJET TERMINAL — Warning Letter

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

Official case documents:

52023062WL_Warning Letter_12192023_(23-264927).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023062WL/52023062WL_Warning%20Letter_12192023_(23-264927).pdf

52023062WL_Warning Letter_12192023_(23-264927)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023062WL/52023062WL_Warning%20Letter_12192023_(23-264927)_text.pdf

52023062WL_Warning Letter_12192023_(23-264927)_text.pdf

WARNING LETTER
VIA ELECTRONIC MAIL TO: MR. CHET GREENE
December 19, 2023
Mr. Chet Greene
VP Pipeline & Terminals
Par Pacific Holdings / Ellsjet Terminal
825 Town & Country Lane, Suite 1500
Houston, TX 77024
CPF 5-2023-062-WL
Dear Mr. Greene:
From August 14, 2023, to August 16, 2023, representatives of the Pipeline and Hazardous
Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code
(U.S.C.), inspected Ellsjet Terminal (Ellsjet), specifically the pipeline section from Ellsjet to
Ellsworth Air Force Base located in Rapid City, South Dakota. Ellsjet Terminal is a subsidiary of
Par Pacific Holdings.
As a result of the inspection, it is alleged that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected
and the probable violation is:
1. §194.107 General response plan requirements.
(a) . . . .
(c) Each response plan must include:



(1) A core plan consisting of –
(i) . . . .
(ix) Drill program—an operator will satisfy the requirement for a drill program by
following the National Preparedness for Response Exercise Program (PREP)
guidelines. An operator choosing not to follow PREP guidelines must have a drill
program that is equivalent to PREP. The operator must describe the drill program
in the response plan and OPS will determine if the program is equivalent to PREP.
Ellsjet failed to satisfy the requirement for a drill program as they did not follow National
Preparedness for Response Exercise Program (PREP) guidelines or an equivalent program.
Specifically, Ellsjet failed to perform a tabletop drill or equipment deployment per the PREP
guidelines. During the records inspection, Ellsjet supervisors were unable to provide a record of
tabletop drills or equipment deployment for 1/2020-8/2023 for the Ellsjet Terminal Facility
Response Plan.
Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed
$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a
related series of violations. For violation occurring on or after March 21, 2022, and before
January 6, 2023, the maximum penalty may not exceed $239,142 per violation per day the
violation persists, up to a maximum of $2,391,142 for a related series of violations. For violation
occurring on or after May 3, 2021, and before March 21, 2022, the maximum penalty may not
exceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for
a related series of violations. For violation occurring on or after January 11, 2021, and before
May 3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation
persists, up to a maximum of $2,225,034 for a related series of violations. For violation
occurring on or after July 31, 2019, and before January 11, 2021, the maximum penalty may not
exceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for
a related series of violations. For violation occurring on or after November 27, 2018, and before
July 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a
maximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,
2015, and before November 27, 2018, the maximum penalty may not exceed $209,002 per
violation per day, with a maximum penalty not to exceed $2,090,022.
We have reviewed the circumstances and supporting documents involved in this case and have
decided not to conduct additional enforcement action or penalty assessment proceedings at this
time. We advise you to correct the item identified in this letter. Failure to do so will result in
Ellsjet being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer to
CPF 5-2023-062-WL. Be advised that all material you submit in response to this enforcement
action is subject to being made publicly available. If you believe that any portion of your
responsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the
complete original document you must provide a second copy of the document with the portions
you believe qualify for confidential treatment redacted and an explanation of why you believe



the redacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).
Sincerely,
Dustin Hubbard
Director, Western Region, Office of Pipeline Safety
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 L. Green, J. Luo (#23-264927)
Maureen Burns – Northwest Programs Supervisor (MBurns@parpacific.com)
Sara Peterson – Pipeline Logistics Supervisor (speterson@parpacific.com)
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