{"operation":"document","citation":"CPF 320196006","title":"CRESTWOOD MIDSTREAM PARTNERS LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-11-22","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.428(a), 195.452(l)(ii).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320196006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320196006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320196006","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320196006","body":"Notice of Probable Violation involving CRESTWOOD MIDSTREAM PARTNERS LP. PHMSA's enforcement data identifies the cited regulations as 195.428(a),  195.452(l)(ii). The case was opened on 2019-11-22 and is reported as closed as of 2020-07-07. Proposed civil penalty: $236,100. Assessed civil penalty: $200,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320196006_Closure Letter_07072020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320196006/320196006_Closure%20Letter_07072020.pdf\n\n320196006_Closure Letter_07072020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320196006/320196006_Closure%20Letter_07072020_text.pdf\n\n320196006_Consent Agreement and Order_05132020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320196006/320196006_Consent%20Agreement%20and%20Order_05132020.pdf\n\n320196006_Consent Agreement and Order_05132020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320196006/320196006_Consent%20Agreement%20and%20Order_05132020_text.pdf\n\n320196006_NOPV PCP PCO_11222019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320196006/320196006_NOPV%20PCP%20PCO_11222019.pdf\n\n320196006_NOPV PCP PCO_11222019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320196006/320196006_NOPV%20PCP%20PCO_11222019_text.pdf\n\n320196006_Operator Hearing Request Withdrawn_03232020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320196006/320196006_Operator%20Hearing%20Request%20Withdrawn_03232020.pdf\n\n320196006_Operator Response to Notice and Request for Hearing and Request for Case Files and Request for Civil Penalty Worksheet_12312019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320196006/320196006_Operator%20Response%20to%20Notice%20and%20Request%20for%20Hearing%20and%20Request%20for%20Case%20Files%20and%20Request%20for%20Civil%20Penalty%20Worksheet_12312019.pdf\n\n320196006_PHC Hearing Scheduled_02192020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320196006/320196006_PHC%20Hearing%20Scheduled_02192020.pdf\n\n320196006_PHC Hearing Scheduled_02192020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320196006/320196006_PHC%20Hearing%20Scheduled_02192020_text.pdf\n\n320196006_Consent Agreement and Order_05132020_text.pdf\n\nMay 13, 2020\nVIA ELECTRONIC MAIL TO: james.johnston@crestwoodlp.com\nMr. James D. Johnston\nSenior Vice President and General Counsel\n811 Main Street, Suite 3400\nHouston, Texas 77002\nCPF No. 3-2019-6006\nDear Mr. Johnston:\nEnclosed please find the fully-executed Consent Agreement and Order issued in the above-\nreferenced case, which was executed on May 13, 2020. Service of the Consent Agreement and\nOrder by electronic mail is deemed effective upon the date of transmission as provided under 49\nC.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Allan Beshore, Director, Central Region, Office of Pipeline Safety, PHMSA\nMr. Trey Overdyke, Counsel, Holland & Hart, LLP, jcoverdyke@hollandhart.com\nMr. Robert D. Ayers, Jr., Counsel, Holland & Hart, LLP, rdayers@hollandhart.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nUS DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nCrestwood Equity Partners, LP, ) CPF No. 3-2019-6006\n)\nRespondent. )\n)\nCONSENT AGREEMENT AND ORDER\nWHEREAS, On November 22, 2019, the Director, Central Region, Office of Pipeline Safety,\nPipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation\n(Director), issued to Crestwood Equity Partners, LP (Crestwood or Respondent), a Notice of\nProbable Violation and Proposed Civil Penalty (Notice), pursuant to Chapter 601 of 49 U.S. Code,\nfor violations of 49 C.F.R. §§ 195.428(a) (Item 1) and 195.452(l)(ii) (Item 2). The Notice proposed\nassessing an administrative civil penalty of $236,100 for Item 1. The Notice also proposed\nordering Respondent to take certain measures to correct Item 2; and\nWHEREAS, on December 31, 2019, Crestwood submitted a written response to the Notice, in\nwhich the company contested only Item 1 and the associated proposed civil penalty, and requested\nan informal hearing. Crestwood also requested to meet with Central Region to discuss settlement.\nCentral Region and Crestwood (collectively, Parties) held a meeting telephonically on February\n24, 2020, to discuss resolution of this enforcement proceeding; and\nWHEREAS, as result of these good-faith discussions, the Parties have reached agreement on the\nterms and conditions of a settlement, as set forth herein, and agree that this Consent Agreement\nand Order (Agreement) will avoid further administrative proceedings or litigation, that it is the\nmost appropriate means of resolving this proceeding, and that it will promote the public interest\nby improving the safety performance of Crestwood’s pipeline system and advancing the\nenforcement and safety goals of PHMSA.\nNOW, THEREFORE, upon consent and agreement of the Parties, it is Ordered and Adjudged as\nfollows:\nI. General Provisions.\n1. For purposes of this Agreement, Crestwood acknowledges that the company and\nits pipeline system, known generally as the COLT Connector and located near Williston, North\nDakota, are subject to the jurisdiction of the Federal pipeline safety laws, 49 U.S.C. 60101, et seq.,\n\n\n\nCPF No. 3-2019-6006\nPage 2\nand the regulations and administrative orders issued thereunder. Crestwood further acknowledges\nthat it received proper notice of PHMSA’s action in this proceeding and that the Notice states\nclaims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq., and the regulations\nand orders issued thereunder.\n2. Crestwood agrees to the terms of this Agreement and hereby waives any further\nprocedural requirements with respect to its issuance. Crestwood further waives all rights to contest\nthe validity of this Agreement, including all rights to administrative or judicial hearings or appeals.\n3. Crestwood acknowledges that each allegation of violation cited in the Notice may\nbe considered by PHMSA as a prior offense in any future enforcement action brought against\nRespondent by PHMSA, pursuant to the appropriate statute of limitations. This Consent\nAgreement and Order, however, does not constitute a finding of violation of any Federal law or\nregulation and may not be used in any civil proceeding of any kind as evidence or proof of any\nfact, fault or liability, or as evidence of the violation of any law, rule, regulation or requirement,\nexcept in a proceeding to enforce the provisions of this Consent Agreement and Order.\nII. Civil Penalty.\n4. The Parties mutually agree, and Crestwood agrees to pay, a civil penalty assessed\nin connection with Item 1 of the Notice of Two Hundred Thousand Dollars ($200,000.00).\n5. Crestwood will pay the civil penalty amount in Paragraph 4 within 20 calendar days\nof the Effective Date of this Agreement. Federal regulations (49 C.F.R. § 89.21(b)(3)) require\nsuch payment to be made by wire transfer through the Federal Reserve Communications System\n(Fedwire), to the account of the U.S. Treasury. Detailed instructions are contained in the\nenclosure. Questions concerning wire transfers should be directed to: Financial Operations\nDivision (AMZ-341), Federal Aviation Administration, Mike Monroney Aeronautical Center,\nP.O. Box 269039, Oklahoma City, Oklahoma 73125. The Financial Operations Division\ntelephone number is (405) 954-8893.\n6. Failure to pay the $200,000 civil penalty will result in accrual of interest at the\ncurrent annual rate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9, and 49 C.F.R. § 89.23.\nPursuant to those same authorities, a late penalty charge of six percent (6%) per annum will be\ncharged if payment is not made within 110 days of service. Furthermore, failure to pay the civil\npenalty may result in referral of the matter to the Attorney General for appropriate action in a\ndistrict court of the United States.\nIII. Compliance Measures.\n7. Within 60 days following the Effective Date of this Agreement, Respondent agrees\nto perform the corrective actions set forth in the Proposed Compliance included with the Notice,\nnamely, with regard to Item 2 pertaining to the lack of records for the risk analysis, periodic\nevaluation, and the preventive and mitigative measures identified and implemented at the Epping\n\n\n\nCPF No. 3-2019-6006\nPage 3\nbreakout tank and pump station facilities. Crestwood will conduct these activities and submit the\nrequired documentation to the Director.\n8. It is requested (not mandated) that Crestwood maintain documentation of the safety\nimprovement costs associated with fulfilling this Agreement and submit the total to the Director.\nPHMSA requests that these costs be reported in two categories: (1) total cost associated with the\npreparation/revision of plans, procedures, studies and analyses; and (2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.\n9. The Director may grant an extension of time to comply with any portion of\nParagraph 8 above upon a written request timely submitted by the Respondent and demonstrating\ngood cause for an extension. Upon completion of all actions required under Paragraph 8,\nCrestwood may request that the Director close the case.\nIV. Miscellaneous.\n10. This Agreement constitutes the final, complete, and exclusive agreement and\nunderstanding between the Parties with respect to this proceeding and the issues embodied in this\nAgreement. The Parties acknowledge that there are no representations, agreements, or\nunderstandings relating to the amount or collection of any civil penalties other than those expressly\ncontained in this Agreement.\n11. Nothing in this Agreement affects or relieves Crestwood of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101, et\nseq., and the regulations and orders issued thereunder. Nothing in this Agreement alters PHMSA’s\nright of access, entry, inspection, and information gathering, or its authority to bring any\nenforcement action against Crestwood pursuant to the Federal pipeline safety laws, the regulations\nand orders issued thereunder, or any other provision of Federal or state law.\n12. This Agreement does not waive or modify any Federal, state, or local laws or\nregulations applicable to Crestwood’s pipeline system. This Agreement is not a permit or a\nmodification of a permit under any Federal, state, or local laws or regulations. Crestwood remains\nresponsible for achieving and maintaining compliance with all applicable Federal, state, and local\nlaws, regulations and permits.\n13. This Agreement does not create rights in, or grant any cause of action to, any person\nnot a party to this Agreement. PHMSA is not liable for any injuries or damages to persons or\nproperty arising from acts or omissions of Crestwood or its officers, employees, or agents carrying\nout the work required by this Agreement. PHMSA, its officers, employees, agents, and\nrepresentatives are not liable for any cause of action arising from any acts or omissions of\nCrestwood or its contractors in carrying out any work required by this Agreement.\n14. purchasers.This Agreement shall apply to and be binding on PHMSA and Crestwood, its\nofficers, directors, employees, successors and assigns, including, but not limited to, subsequent\n\n\n\nCPF No. 3-2019-6006\nPage 4\n15. Respondent’s obligations pursuant to this Agreement may be enforced by PHMSA\npursuant to its general enforcement authorities under 49 U.S.C. § 60101, et seq., and 49 C.F.R.\nPart 190.\nV. Effective Date.\n16. Crestwood and PHMSA.\nThe “Effective Date” is the date on which this Agreement has been signed by both\nVI. Ratification.\n17. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\nFor Crestwood Equity Partners, LP (Respondent):\nJames Johnston\n___________________________________\nSenior Vice President, General Counsel\nMay 13, 2020\n___________________________________\nDate\nFor PHMSA:\n___________________________________\nAlan K. Mayberry\nAssociate Administrator for Pipeline Safety\nMay 13, 2020\n___________________________________\nDate\n\n320196006_NOPV PCP PCO_11222019_text.pdf\n\nNOTICE OF PROBABLE VIOLATION\nPROPOSED CIVIL PENALTY\nand\nPROPOSED COMPLIANCE ORDER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 22, 2019\nMr. Robert G. Phillips\nPresident and Chief Executive Officer\nCrestwood Equity Partners, LP\n811 Main Street Suit 3400\nHouston, Texas 77002\nCPF 3-2019-6006\nDear Mr. Phillips:\nFrom March 19-23, and September 10-14, 2018, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\npursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected your 10” Colt Connector\nPipeline’s procedures, records and field assests near Williston, ND.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items\ninspected and the probable violations are:\n\n\n\n1.\n8195.428 Overpressure safety devices and overfill protection systems.\n(a) Except as provided in paragraph (b) of this section, each operator shall, at\nintervals not exceeding 15 months, but at least once each calendar year, or in the\ncase of pipelines used to carry highly volatile liquids, at intervals not to exceed\n72 months, but at least twice each calendar year, inspect and test each pressure\nlimiting device, relief valve, pressure regulator, or other item of pressure control\nequipment to determine that it is functioning properly, is in good mechanical\ncondition, and is adequate from the standpoint of capacity and reliability of\noperation for the service in which it is used.\nCrestwood Equity Partners, LP (Crestwood) violated 49 C.F.R. § 195.428(a) by failing to\ninspect and test each relief valve, at intervals not exceeding 15 months, but at least once each\ncalendar year, to determine that it is functioning properly, is in good mechanical condition, and\nis adequate from the standpoint of capacity and reliability of operation for the service in which\nit is used. Specifically, Crestwood failed to inspect and test 16 thermal relief valves that had\nbeen installed in 2012 (as listed on the company's chart shown below), from 2015 to 2017, for\na total of 48 missed inspections. Additionally, Crestwood failed to conduct two inspections on\ntwo other thermal relief valves that had been installed in 2017. Crestwood provided the\nfollowing list of relief valves that were not inspected prior to April 26, 2018:\nCOLT HUB\nFacility Thermal Relief Valves\nLocation / Equipment\nMfr.\nSN#\nModel\nIn-Service Year\nTested Prior\n4/26/2018\nDAPL Lateral / Launcher\nMercer\n1272637\n91-11C51T11L1\n2017\nNO\nDAPL Lateral / Receiver\nMercer\n1272638\n91-11C51T11L1\n2017\nNO\nCH / P110 Discharge\nHydroseal\n669544-1\n14BE2MOP00/F3\n2012\nNO\nCH / P110 Discharge\nHydroseal\n669544-2\n14BE2MOP00/F3\n2012\nNO\nCH / Meter Skid Inlet\nAGCO\nT11-25811\n81PS1N88-8\n2012\nNO\nCH / Meter Skid FE-140\nAGCO\nT11-29937\n81PS1N88-8\n2012\nNO\nCH / Meter Skid FE-150\nAGCO\nT11-16662\n81PS1N88-8\n2012\nNO\nCH / Meter Skid Outlet\nAGCO\nT11-29940\n81PS1N88-8\n2012\nNO\nCH / Launcher-Receiver\nMercer\n792780\n91-11C51T11L1\n2012\nNO\nCH / Tank 201-3 Fill\nTaylor\n017577-13\n82E4451311\n2012\nNO\nDF / Launcher-Receiver\nMercer\n792774\n91-11C51T11L1\n2012\nNO\nDF / Meter Skid Inlet\nAGCO\nT11-21145\n81PS1N88-8\n2012\nNO\nDF / Meter Skid FE-200\nAGCO\nT11-21146\n81PS1N88-8\n2012\nNO\nDF / Meter Skid FE-210\nAGCO\nT11-16664\n81PS1N88-8\n2012\nNO\nDF / Meter By Pass\nMercer\n792777\n91-11C51T11L1\n2012\nNO\n2\n\n\n\nDF / Meter Skid Outlet AGCO T11‐25810 81PS1N88‐8 2012 NO\nDF / Enbridge Mercer 952908 91‐11C51T11L1 2012 NO\nDF / Tesoro Mercer 792785 91‐11C51T07L1 2012 NO\nCrestwood personnel acknowledged that all 18 thermal relief valves had not been inspected and\ntested prior to April 26, 2018. Accordingly, Crestwood violated § 195.428(a) by failing to\ninspect and test, at intervals not exceeding 15 months but at least once each calendar year, a\ntotal of 50 relief valves from 2015 to 2017.\n2. §195.452 Pipeline integrity management in high consequence areas.\n(a) . . . . .\n(l) What records must an operator keep to demonstrate compliance? (1) An operator\nmust maintain, for the useful life of the pipeline, records that demonstrate\ncompliance with the requirements of this subpart. At a minimum, an operator\nmust maintain the following records for review during an inspection:\n(ii) Documents to support the decisions and analyses, including any modifications,\njustifications, deviations and determinations made, variances, and actions taken,\nto implement and evaluate each element of the integrity management program\nlisted in paragraph (f) of this section.\nCrestwood violated 49 C.F.R. § 195.452(l)(ii) by failing to maintain, for the useful life of the\npipeline, records regarding pipeline integrity management in high consequence areas that\ndemonstrate compliance with the requirements of Subpart F – Operations and Maintenance.\nSpecifically, Crestwood did not have records to demonstrate compliance with:\n §195.452(f)(3) – “An analysis that integrates all available information about the integrity\nof the entire pipeline and the consequences of a failure (see paragraph (g) of this section).”\nCrestwood failed to have records demonstrating that it performed a risk analysis that\nintegrates all available information about the integrity of the Epping breakout tank and\npump station facilities.\n §195.452(f)(5) – “A continual process of assessment and evaluation to maintain a\npipeline's integrity (see paragraph (j) of this section).”\nCrestwood failed to have records demonstrating that it had a continual process of\nassessment and evaluation of the Epping breakout tank and pump station facilities to\nmaintain the pipeline’s integrity.\n §195.452(f)(6) – “Identification of preventive and mitigative measures to protect the high\nconsequence area (see paragraph (i) of this section).”\n3\n\n\n\nCrestwood failed to have records demonstrating that it identified preventive and mitigative\nmeasures to protect the Epping breakout tank and pump station facilities.\nAccordingly, Crestwood violated §195.452(l)(ii) by failing to maintain records associated\nwith the implementation of its integrity management program, demonstrating compliance with\nthe requirements of Subpart F - Operations and Maintenance.\nProposed Civil Penalty\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $213,268 per violation per day the violation persists, up to a maximum of $2,132,679\nfor a related series of violations. For violation occurring on or after November 2, 2015 and\nbefore November 27, 2018, the maximum penalty may not exceed $209,002 per violation per\nday, with a maximum penalty not to exceed $2,090,022. For violations occurring prior to\nNovember 2, 2015, the maximum penalty may not exceed $200,000 per violation per day,\nwith a maximum penalty not to exceed $2,000,000 for a related series of violations. The\nCompliance Officer has reviewed the circumstances and supporting documentation involved\nfor the above probable violation(s) and has recommended that you be preliminarily assessed a\ncivil penalty of $236,100 as follows:\nItem number PENALTY\n1 $236,100\nProposed Compliance Order\nWith respect to item(s) 2 pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous Materials\nSafety Administration proposes to issue a Compliance Order to Crestwood Equity Partners LP.\nPlease refer to the Proposed Compliance Order, which is enclosed and made a part of this\nNotice.\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline\nOperators in Compliance Proceedings. Please refer to this document and note the response\noptions. All material you submit in response to this enforcement action may be made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide\na second copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, or request\na hearing under 49 CFR § 190.211. If you do not respond within 30 days of receipt of this\nNotice, this constitutes a waiver of your right to contest the allegations in this Notice and\n4\n\n\n\nauthorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this\nNotice without further notice to you and to issue a Final Order. If you are responding to this\nNotice, we propose that you submit your correspondence to my office within 30 days from\nreceipt of this Notice. This period may be extended by written request for good cause.\nIn your correspondence on this matter, please refer to CPF 3-2019-6006 and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Enforcement Proceedings\n5\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Crestwood Equity Partners LP (Crestwood) a\nCompliance Order incorporating the following remedial requirements to ensure the compliance\nof Crestwood Equity Partners LP with the pipeline safety regulations:\n1. 3. 4. In regard to Item Number 2 of the Notice pertaining to the lack of records for\nthe risk analysis, periodic evaluation, and the preventive and mitigative\nmeasures identified and implemented at the Epping breakout tank and pump\nstation facilities, Crestwood must conduct these activities and submit the\nrequired documentation to the Director Central Region.\nCreswood shall submit the required documentation within 60 days of the date\nof the Final Order.\nIt is requested (not mandated) that Crestwood maintain documentation of the\nsafety improvement costs associated with fulfilling this Compliance Order and\nsubmit the total to Allan C. Beshore, Director, Central Region, Pipeline and\nHazardous Materials Safety Administration. It is requested that these costs be\nreported in two categories: 1) total cost associated with preparation/revision of\nplans, procedures, studies and analyses, and 2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.\n6\n\n320196006_Closure Letter_07072020_text.pdf\n\nVIA ELECTRONIC MAIL TO: Robert.Phillips@crestwoodlp.com and\nJustin.Davidson@crestwoodllp.com\nJuly 7, 2020\nMr. Robert G. Phillips\nPresident and Chief Executive Officer\nCrestwood Equity Partners LP\n811 Main Street Suite 3400\nHouston, Texas 77002\nRobert.Phillips@crestwoodlp.com\nRe: CPF 3-2019-6006\nDear Mr. Phillips:\nOn March 19-23, 2018, and September 10-14, 2018, a representative from the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United\nStates Code, conducted an on-site pipeline safety inspection of Crestwood Equity Partners\nLP (Crestwood) facilities and records in Williston, North Dakota. As a result of the\ninspection, Crestwood was issued a Notice of Probable Violation, Proposed Civil Penalty and\nProposed Compliance Order (Notice) on November 22, 2019.\nCrestwood responded to the Notice on December 31, 2019, requesting a hearing on Item 1\nand further discussions of the Notice in advance of a hearing. In this letter Crestwood did not\ncontest Item 2, or the Proposed Compliance Order. Following discussions, the request for a\nhearing was withdrawn on March 23, 2020, and a Consent Agreement and Order was issued\non May 13, 2020. Crestwood acknowledged each allegation of the violation cited in the\nNotice, agreed to a civil penalty of $200,000 connected to Item 1 and to perform the\ncorrective actions set forth in the Proposed Compliance Order regarding Item 2.\nMy staff has reviewed the documentation of corrective actions taken along with the penalty\npayment received on May 5, 2020 and determined that all items of the Consent Agreement\nand thereby the Notice have been met.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank\nyou for your cooperation.\n\n\n\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nCopy: Justin Davidson, Pipeline Compliance Advisor, Crestwood, 811 Main St., Suite 3400,\nHouston, TX 77002, Justin.Davidson@crestwoodllp.com\n\n320196006_PHC Hearing Scheduled_02192020_text.pdf\n\nFebruary 19, 2020\nVIA CERTIFIED MAIL AND EMAIL TO: JCOverdyck@hollandhart.com and\nAllan.Beshore@dot.gov\nMr. Jere C. Overdyck, III, Esq.\nCounsel for Crestwood Equity Partners, LP\nHolland & Hart, LLP\nP.O. Box 68\nJackson, Wyoming 83001\nMr. Allan C. Beshore\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n901 Locust Street, Suite 462\nKansas City, MO 64106-2641\nRe: Notice of Hearing, Crestwood Equity Partners, LP\nCPF No. 3-2019-6006\nDear Mr. Overdyck and Mr. Beshore:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation, Proposed Civil Penalty, and Proposed Compliance Order issued to Crestwood\nEquity Partners, LP by the Office of Pipeline Safety in the above-referenced matter. The hearing\nwill take place April 2, 2020, beginning at 8:30 a.m. Central Time.\nThe hearing will be at the PHMSA Central Region office, 901 Locust Street, Suite 462, Kansas\nCity, Missouri 64106. Upon arrival at the building, attendees will be required to present photo\nidentification to security personnel. A contact phone number for the day of the hearing is (816)\n329-3800.\nAt least 10 calendar days prior to the hearing (or by March 23, 2020), both parties must submit and\nexchange any additional written materials they intend to present at the hearing and a list of\nattendees. This information should be provided electronically. Materials not submitted by this date\nmay be excluded. If you have any questions, please do not hesitate to call me at (202) 366-9093.\nSincerely,\nLarry White\nPresiding Official\ncc: Mr. Robert G. Phillips, President, E&C Services Support, Rover Pipeline, LLC\n1300 Main Street, Houston, Texas 77002\nMs. Melanie Stevens, Counsel, Central Region, Office of Pipeline Safety, PHMSA","truncated":false,"body_characters":26901}