CPF 52025006NOPV
CPF 52025006NOPV
party submissionOfficial PDF52025006NOPV_Operator Petition for Reconsideration_10222025_(24-296481).pdf#
party submissionOfficial PDF52025006NOPV_Operator Response to Notice_09152025_(24-296481).pdf#
case documentOfficial PDF52025006NOPV_PCP PCO_07302025_(24-296481).pdf#
case documentOfficial PDF52025006NOPV_PCP PCO_07302025_(24-296481)_text.pdf#
52025006NOPV_Final Order_10142025_(24-296481)_text.pdf, page 1Official PDFOctober 14, 2025 VIA ELECTRONIC MAIL TO: Michael.Matlock@twineagle.com Michael Matlock Vice President of Compliance Twin Eagle Midstream Assets, LLC 1700 City Plaza Drive, Suite 500 Spring, TX 77002 Re: CPF No. 5-2025-006-NOPV Dear Mr. Matlock: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation, assesses a civil penalty of $62,900, 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 and acknowledgement of receipt as provided under 49 CFR § 190.5. Thank you for your cooperation in this matter. Sincerely, Linda Daugherty Acting Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA Robert Littlepage, Director, EHS & Compliance, Twin Eagle Terminals & Logistics LLC, Robert.Littlepage@teterminals.com CONFIRMATION OF RECEIPT REQUESTED#
52025006NOPV_Final Order_10142025_(24-296481)_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 ) Twin Eagle Midstream Assets, LLC, ) CPF No. 5-2025-006-NOPV ) ) ) Respondent. ) ____________________________________) FINAL ORDER On July 30, 2025, pursuant to 49 CFR § 190.207, the Director, Western Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Twin Eagle Midstream Assets, LLC (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 CFR Part 194 and proposed a civil penalty of $ 62,900. Effective May 20, 2025, PHMSA revised its proposed civil penalty calculation policy to use the version of the Civil Penalty Worksheet in effect when the alleged violation occurred. The new policy did not change the proposed civil penalty in this case. The Notice also proposed certain measures to correct the violations. Respondent did not contest the allegations of violation, corrective measures, or proposed civil penalty. 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 CFR § 194.7 (Item 1) ─ Respondent failed to provide records demonstrating that its onshore pipeline facilities were operated in accordance with the applicable response plan. This finding of violation will be considered as a prior offense in any subsequent enforcement action taken against Respondent. In accordance with 49 CFR § 190.223, I assess Respondent a total civil penalty of $62,900. Payment of the civil penalty must be made within 20 days of service. Federal regulations (49 CFR § 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.#
52025006NOPV_Final Order_10142025_(24-296481)_text.pdf, page 3The Financial Operations Division telephone number is (405) 954-8845. Failure to pay the $62.900 civil penalty will result in accrual of interest at the current annual rate in accordance with 31 U.S.C. § 3717, 31 CFR § 901.9 and 49 CFR § 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 CFR § 190.217, Respondent is ordered to take the actions proposed in the enclosed Notice to correct the violation. 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 the 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 CFR § 190.223 or in referral to the Attorney General for appropriate relief in a district court of the United States. The terms and conditions of this order are effective upon service in accordance with 49 CFR § 190.5. ___________________________________ _________________________ Linda Daugherty Date Issued Acting Associate Administrator for Pipeline Safety#
52025006NOPV_Final Order_10142025_(24-296481)_text.pdf, page 4NOTICE OF PROBABLE VIOLATION PROPOSED CIVIL PENALTY and PROPOSED COMPLIANCE ORDER VIA ELECTRONIC MAIL TO: Michael.Matlock@twineagle.com July 30, 2025 Mr. Michael Matlock Vice President of Compliance Twin Eagle Midstream Assets, LLC 1700 City Plaza Drive, Suite 500 Spring, TX 77002 CPF 5-2025-006-NOPV Dear Mr. Matlock: From April 15 to April 16, 2024, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected Twin Eagle Midstream Assets LLCs (Twin Eagle Midstream or Midstream) Powder River Basin Connector Hazardous Liquid (HL) facilities in Douglas, Wyoming. As a result of the inspection, it is alleged that Twin Eagle Midstream has probable violations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The probable violation is as follows: 1. § 194.7 Operating restrictions and interim operating authorization. (a) . . . . (b) An operator must operate its onshore pipeline facilities in accordance with the applicable response plan.#
52025006NOPV_Final Order_10142025_(24-296481)_text.pdf, page 5Twin Eagle Midstream failed to provide records demonstrating the onshore pipeline facilities were operated in accordance with the applicable response plan. Specifically, Twin Eagle Midstream failed to demonstrate compliance in three areas of their response plan. First, Twin Eagle Midstream failed to provide records to demonstrate compliance with the drill program outlined in its Integrated Contingency Plan (ICP) for calendar years 2020 through April 2024. Twin Eagle Midstream’s ICP (prepared November 2015 and revised October 2023) requires conducting multiple drills 1 including annual Oil Pollution Act (OPA) table-top drills, annual Oil Spill Response Organization (OSRO) equipment deployment drills, semi-annual operator owned equipment deployment drills, quarterly Qualified Individual (QI) notifications, and an annual unannounced exercise. Twin Eagle Midstream’s ICP, Section 18.1, states it will conduct exercises in compliance with the National Preparedness for Response Exercise Program (PREP) Guidelines. 2 During the inspection, Twin Eagle Midstream could not produce documentation demonstrating an annual spill management tabletop exercise drill had been conducted for the calendar year of 2023. Previously, the operator was issued a warning letter in 2023 because it failed to conduct an annual spill management tabletop exercise in 2021. 3 In addition, Twin Eagle Midstream could not produce records to demonstrate an annual unannounced exercise was conducted in 2023. Twin Eagle Midstream failed to conduct quarterly Qualified Individuals (QI) drills in from the first quarter of 2020, through the first quarter of 2024, as required by PREP Guidelines and Section 18.1 of the ICP. During inspection, Twin Eagle Midstream staff were not able to articulate the requirements of Midstream’s ICP and were unaware of the term “QI” despite staff members being listed as Qualified Individuals in the ICP.4 In addition, Twin Eagle Midstream failed to conduct a semi-annual equipment deployment exercise since 2020 as required by its ICP. During the inspection, Twin Eagle Midstream staff indicated Midstream maintains spill response equipment onsite at its Douglas, Wyoming facility. Twin Eagle Midstream also maintains a contract with an Oil Spill Response Organization (OSRO). During inspection, Twin Eagle Midstream was unable to provide records to demonstrate semi-annual equipment deployment exercises had been performed from calendar years 2020 through 2023, nor could it produce records to demonstrate annual equipment deployment exercises by their contracted OSRO for the same years, as required by Section 18.1 of Midstream’ s ICP and the PREP guidelines. Therefore, Twin Eagle Midstream failed to comply with § 194.7(b) by not performing annual spill management tabletop exercises, quarterly QI notifications, semi-annual equipment deployment exercises, annual OSRO equipment deployment exercises, and annual unannounced 1 See ICP, Section 18 – Drills. 2 See 49 C.F.R. § 194.107(c)(1)(ix) (requiring operators to include a drill program within their response plan that follows the National Preparedness for Response Exercise Program (PREP) or equivalent guidelines). 3 See CPF 5-2023-007 WL. 4 Littlepage, Robert. “Re: 2022 ER Drill Report” Received by Diana Fehling, 10 June 2024.#
52025006NOPV_Final Order_10142025_(24-296481)_text.pdf, page 6exercises as required by its Integrated Contingency Plan and National Preparedness for Response Exercise Program (PREP) guidelines. Proposed Civil Penalty Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed $272,926 per violation per day the violation persists, up to a maximum of $2,729,245 for a related series of violations. For violation occurring on or after December 28, 2023 and before December 30, 2024, the maximum penalty may not exceed $266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a related series of violations. For violation occurring on or after January 6, 2023 and before December 28, 2023, the maximum penalty may not 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 $2,391,412 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. We have reviewed the circumstances and supporting documentation involved for the above probable violations and recommend that you be preliminarily assessed a civil penalty of $ 62,900 as follows: Item number PENALTY 1 $ 62,900 Proposed Compliance Order With respect to item number 1 pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous Materials Safety Administration proposes to issue a Compliance Order to Twin Eagle Midstream. Please refer to the Proposed Compliance Order, which is enclosed and made a part of this Notice. Response to this Notice Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Enforcement Proceedings. Please refer to this document and note the response options. All material you submit in response to this enforcement action may be 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#
52025006NOPV_Final Order_10142025_(24-296481)_text.pdf, page 7copy 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). Following your receipt of this Notice, you have 30 days to respond as described in the enclosed Response Options. If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue a Final Order. If you are responding to this Notice, we propose that you submit your correspondence to my office within 30 days from receipt of this Notice. The Region Director may extend the period for responding upon a written request timely submitted demonstrating good cause for an extension. In your correspondence on this matter, please refer to CPF 5-2025-006-NOPV and, for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, Dustin Hubbard Director, Western Region, Office of Pipeline Safety Pipeline and Hazardous Materials Safety Administration cc: PHP-60 Compliance Registry PHP-500 D. Fehling (#24-296481) Jason Hulin, Twin Eagle Midstream Assets, LLC, Jason.Hulin@crestwoodlp.com Enclosures: Proposed Compliance Order Response Options for Pipeline Operators in Enforcement Proceedings#
52025006NOPV_Final Order_10142025_(24-296481)_text.pdf, page 8PROPOSED COMPLIANCE ORDER Pursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to issue to Twin Eagle Midstream a Compliance Order incorporating the following remedial requirements to ensure the compliance of Twin Eagle Midstream with the pipeline safety regulations: A. B. C. In regard to Item Number 1 of the Notice pertaining to failure to conduct drills, notifications, and exercises, Twin Eagle Midstream must conduct all drills, notifications, and exercises as required by their response plan and which follows the National Preparedness for Response Exercise Program (PREP) within 90 days of receipt of the Final Order. In regard to Item Number 1 of the Notice pertaining to failure to conduct drills, notifications, and exercises, Twin Eagle Midstream must conduct training to staff which provides instruction and responsibilities in Twin Eagles Midstream’s Facility Response Plan (FRP) and following the National Preparedness for Response Exercise Program (PREP) guidelines. The training must be comprehensive to ensure Twin Eagle staff are effectively trained within 90 days of receipt of the Final Order. Twin Eagle must submit evidence that the training has been completed to the Director, within 30 days of the training. It is requested (not mandated) that Twin Eagle Midstream maintain documentation of the safety improvement costs associated with fulfilling this Compliance Order and submit the total to Dustin Hubbard, Director, Western Region, Pipeline and Hazardous Materials Safety Administration. It is requested that these costs be reported in two categories: 1) total cost associated with preparation/revision of plans, procedures, studies and analyses, and 2) total cost associated with replacements, additions and other changes to pipeline infrastructure.#
52025006NOPV_Consent Agreement and Order_02062026_(24-296481)_text.pdf, page 1Official PDFU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 February 6, 2026 VIA ELECTRONIC MAIL TO: Michael.Matlock@twineagle.com Michael Matlock Vice President of Compliance Twin Eagle Midstream Assets, LLC 1700 City Plaza Drive, Suite 500 Spring, Texas 77002 CPF No. 5-2025-006-NOPV Dear Mr. Matlock: Enclosed please find a Consent Order incorporating the terms of the Consent Agreement between the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Twin Eagle Midstream, LLC, which was executed on February 4, 2026. When the civil penalty has been paid and the compliance order satisfied, this enforcement action will be closed. Service of the Consent Order and Consent Agreement by electronic mail is deemed effective upon the date of transmission and acknowledgement of receipt or as otherwise provided under 49 CFR § 190.5. Thank you for your cooperation in this matter. Sincerely, Linda Daugherty Acting Associate Administrator for Pipeline Safety Enclosure: Consent Order and Consent Agreement cc: Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA Brandon Kroll, Counsel, Twin Eagle Terminal & Logistics, LLC, Brandon.Kroll@teterminals.com Robert Littlepage, Director, EHS & Compliance, Twin Eagle Terminals & Logistics, LLC, Robert.Littlepage@terterminals.com CONFIRMATION OF RECEIPT REQUESTED#
52025006NOPV_Consent Agreement and Order_02062026_(24-296481)_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 ) Twin Eagle Midstream Assets, LLC ) CPF No. 5-2025-006-NOPV ) ) ) Respondent. ) ____________________________________) CONSENT ORDER By letter dated July 30, 2025, pursuant to 49 CFR § 190.207, the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation, Proposed Civil Penalty, and Proposed Compliance Order (Notice) to Twin Eagle Midstream Assets, LLC (Twin Eagle or Respondent). Twin Eagle responded to the Notice by letter dated September 15, 2025 (Response). Respondent did not contest the alleged violation, the proposed civil penalty, or the proposed compliance order, and provided information regarding the actions it had taken since the on-site inspection. In accordance with 49 CFR § 190.213, a Final Order was issued on October 14, 2025 finding Twin Eagle in violation of 49 CFR § 194.7, assessing a civil penalty of $62,900, and requiring Twin Eagle to take certain corrective actions. Twin Eagle submitted a Petition for Reconsideration of the Final Order (Petition) dated October 22, 2025 requesting that PHMSA either reduce the civil penalty or establish a payment plan. Respondent and PHMSA (the Parties) met on December 15, 2025. As a result of that discussion, the Parties have agreed to a Consent Agreement by which PHMSA affirms the finding of violation in the Final Order, Respondent will pay the assessed civil penalty amount of $62,900 via a payment plan over the course of one year, and Respondent will complete the compliance actions as directed in the Final Order. Accordingly, the Consent Agreement is hereby approved and incorporated by reference into this Consent Order issued pursuant to section 190.219. Twin Eagle is hereby ordered to comply with the terms of the Consent Agreement pursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent Order may result in the assessment of civil penalties as set forth in 49 U.S.C. § 60122 and 49 CFR § 190.223, or in referral to the Attorney General for appropriate relief in a district court of the United States.#
52025006NOPV_Consent Agreement and Order_02062026_(24-296481)_text.pdf, page 3The terms and conditions of this Consent Order are effective upon service in accordance with 49 CFR § 190.5. ______________________ ______________________ Linda Daugherty Date Issued Acting Associate Administrator for Pipeline Safety#
52025006NOPV_Consent Agreement and Order_02062026_(24-296481)_text.pdf, page 4CPF No. 5-2025-006-NOPV U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) Twin Eagle Midstream Assets, LLC, ) CPF No. 5-2025-006-NOPV ) ) ) Respondent. ) ____________________________________) CONSENT AGREEMENT From April 15 through April 16, 2024, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of Title 49, United States Code (U.S.C.), conducted an on-site pipeline safety inspection of the facilities and records of Twin Eagle Midstream Assets, LLC’s (Twin Eagle or Respondent) Powder River Basin Connector Hazardous Liquid facilities in Douglas, Wyoming. As a result of the inspection, the Director, Western Region, OPS (Director), issued to Respondent, by letter dated July 30, 2025, a Notice of Probable Violation, Proposed Civil Penalty, and Proposed Compliance Order (Notice). In accordance with 49 CFR § 190.207, the Notice proposed finding that Twin Eagle committed a violation of 49 CFR Part 194, proposed ordering Respondent to take certain measures to correct the alleged violation, and proposed a civil penalty of $62,900. Twin Eagle responded to the Notice by letter dated September 15, 2025 (Response). Respondent did not contest the alleged violation, the proposed civil penalty, or the proposed compliance order, and provided information regarding the actions it had taken since the on-site inspection. In accordance with 49 CFR § 190.213, a Final Order was issued on October 14, 2025 finding Twin Eagle in violation of 49 CFR § 194.7, assessing a civil penalty of $62,900, and requiring Respondent to take certain corrective actions. Twin Eagle submitted a Petition for Reconsideration of the Final Order (Petition) dated October 22, 2025 requesting either that PHMSA reduce the civil penalty or establish a payment plan. PHMSA and Respondent (the Parties) subsequently met to discuss the Petition. As a result of those discussions and as explained in more detail below, PHMSA agrees to establish a payment plan. Accordingly, the Parties have agreed to a Consent Agreement by which PHMSA affirms the finding of violation in the Final Order, Respondent will pay the assessed civil penalty amount of $62,900 via a payment plan over the course of one year, and Respondent will complete the compliance actions as directed in the Final Order. Page | 1#
52025006NOPV_Consent Agreement and Order_02062026_(24-296481)_text.pdf, page 5CPF No. 5-2025-006-NOPV Pursuant to 49 U.S.C. § 60101, et seq. and 49 CFR Part 190, and upon consent and agreement, the Parties hereby agree as follows: I. General Provisions 1. Respondent acknowledges that as the operator of the pipeline facilities subject to the Notice and Final Order, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative orders issued thereunder. For purposes of this Consent Agreement (Agreement), Respondent acknowledges that it received proper notice of PHMSA’s action in this proceeding and that the Notice and Final Order state claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq., and the regulations and orders issued thereunder. 2. After Respondent returns this signed Agreement to PHMSA, the Agency’s representative will present it to the Associate Administrator for Pipeline Safety, recommending that the Associate Administrator adopt the terms of this Agreement by issuing an administrative order (Consent Order) incorporating the terms of this Agreement. The terms of this Agreement constitute an offer of settlement until accepted by the Associate Administrator. Once accepted, the Associate Administrator will issue a Consent Order incorporating the terms of this Agreement. 3. Respondent consents to the issuance of the Consent Order, and hereby waives any further procedural requirements with respect to its issuance. Respondent waives all rights to contest the adequacy of notice, or the validity of the Consent Order or this Agreement, including all rights to administrative or judicial hearings or appeals, except for the Dispute Resolution provisions set forth herein. 4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its officers, directors, and employees, and its successors, assigns, or other entities or persons otherwise bound by law. Respondent agrees to provide a copy of this Agreement and any incorporated work plans and schedules to all of Respondent’s officers, employees, and agents whose duties might reasonably include compliance with this Agreement. 5. This Agreement constitutes the final, complete and exclusive agreement and understanding between the Parties with respect to the settlement embodied in this Agreement. The Parties acknowledge that there are no representations, agreements or understandings relating to settlement other than those expressly contained in this Agreement, except that the terms of this Agreement may be construed by reference to the Notice and Final Order. 6. Nothing in this Agreement affects or relieves Respondent of its responsibility to comply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters PHMSA’s right of access, entry, inspection, and information gathering or PHMSA’s authority to bring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the regulations and orders issued thereunder, or any other provision of Federal or State law. Page | 2#
52025006NOPV_Consent Agreement and Order_02062026_(24-296481)_text.pdf, page 6CPF No. 5-2025-006-NOPV 7. For all transfers of ownership or operating responsibility of Respondent’s pipeline system referenced herein, Respondent will provide a copy of this Agreement to the prospective transferee at least 30 days prior to such transfer. Respondent will provide written notice of the transfer to the Director no later than 60 days after the transfer occurs. 8. This Agreement does not waive or modify any Federal, State, or local laws or regulations that are applicable to Respondent’s pipeline systems. This Agreement is not a permit, or a modification of any permit, under any Federal, State, or local laws or regulations. Respondent remains responsible for achieving and maintaining compliance with all applicable Federal, State, and local laws, regulations and permits. 9. This Agreement does not create rights in, or grant any cause of action to, any third party not party to this Agreement. The U.S. Department of Transportation is not liable for any injuries or damages to persons or property arising from acts or omissions of Respondent or its officers, employees, or agents carrying out the work required by this Agreement. Respondent agrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents, and representatives from any and all causes of action arising from any acts or omissions of Respondent or its contractors in carrying out any work required by this Agreement. 10. Except as set forth herein, this Agreement does not constitute a finding of violation of any other federal law or regulation and may not be used in any civil proceeding of any kind as evidence or proof of any fact, fault or liability, or as evidence of a violation of any law, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this Agreement or in future PHMSA enforcement actions. II. Finding of Violation: 11. Item 1 - 49 CFR § 194.7: The Final Order found Respondent failed to provide records demonstrating that its onshore pipeline facilities were operated in accordance with the applicable response plan. PHMSA affirms the finding of violation of 49 CFR § 194.7 as set forth in the Final Order. 12. Item 1 will be considered by PHMSA as a prior offense in any future PHMSA enforcement action taken against Respondent. III. Civil Penalty: 13. Item 1: The Final Order assessed a civil penalty in the amount of $62,900 for Item 1. In its Petition, Respondent requested a reduction of the assessed civil penalty or, in the alternative, establishment of a payment plan. PHMSA agrees to establish a payment plan, which is appropriate based on discussions with Respondent and the circumstances outlined in the Petition. 14. Respondent agrees to pay a total civil penalty in the amount of $62,900, pursuant to the payment instructions at 49 CFR § 190.227(a). The civil penalty is to be paid over the course of one (1) year as follows: Page | 3#
52025006NOPV_Consent Agreement and Order_02062026_(24-296481)_text.pdf, page 7CPF No. 5-2025-006-NOPV (a) Respondent will pay the amount of $5,242 in eleven (11) equal installments on the first of the month beginning March 1, 2026 through and including January 1, 2027. (b) Respondent will pay the twelfth and final payment of $5,238 on February 1, 2027. IV. Compliance Order: 15. Item 1: The Final Order required certain compliance order actions to address the non-compliance. Respondent agrees to perform the corrective measures as ordered. Specifically: (a) Twin Eagle must conduct all drills, notifications, and exercises as required by its response plan and which follows the PREP guidelines within 90 days of the Effective Date. (b) Twin Eagle must conduct training to the staff that provide instruction and responsibilities in Respondent’s Facility Response Plan (FRP) following the PREP guidelines. The training must be comprehensive to ensure Twin Eagle staff are effectively trained within 90 days of the Effective Date. Twin Eagle must submit documentation of completion of the training program within 30 days after it has been completed. V. Enforcement: 17. This Agreement is subject to all enforcement authorities available to PHMSA under 49 U.S.C. § 60101, et seq., and 49 CFR Part 190, including administrative civil penalties under 49 U.S.C. § 60122, of up to $272,926 per violation for each day the violation continues and referral of the case to the Attorney General for judicial enforcement, if PHMSA determines that Respondent is not complying with the terms of this Agreement in accordance with the determinations made by the Director, or in accordance with decisions of the Associate Administrator if resolved pursuant to the Dispute Resolution process herein. The maximum civil penalty amounts are adjusted annually for inflation. See 49 CFR § 190.223. All work plans and associated schedules set forth or referenced in Section IV (Compliance Order) are automatically incorporated into this Agreement and are enforceable in the same manner. VI. Review and Approval Process: 18. With respect to any submission under Section IV (Compliance Order) of this Agreement that requires the approval of the Director, the Director may: (a) approve, in whole or in part, the submission; (b) approve the submission on specified, reasonable conditions; (c) disapprove, in whole or in part, the submission; or (d) any combination of the foregoing. If the Director approves, approves in part, or approves with conditions, Respondent will take all actions as approved by the Director, subject to Respondent’s right to invoke the dispute resolution procedures with respect to any conditions the Director identifies. If the Director disapproves all or any portion of the submission, the Director will provide Respondent a written notice of the deficiencies. Respondent will correct all deficiencies within the time specified by the Director and resubmit it for approval. Page | 4#
52025006NOPV_Consent Agreement and Order_02062026_(24-296481)_text.pdf, page 8CPF No. 5-2025-006-NOPV VII. Dispute Resolution: 19. The Director and Respondent will informally attempt to resolve any disputes arising under this Agreement, including any decision of the Director under the terms of Sections IV (Compliance Order) and VI (Review and Approval Process). If Respondent and the Director are unable to informally resolve the dispute within 15 calendar days after the dispute is first raised, in writing, to the Director, Respondent may submit a written request for a determination resolving the dispute from the Associate Administrator. Such request must be made in writing and provided to the Director, counsel for the Western Region, and to the Associate Administrator, no later than 10 calendar days from the 15-day deadline for informal resolution referenced in this paragraph. Along with its request, Respondent must provide the Associate Administrator with all information Respondent believes is relevant to the dispute. Decisions of the Associate Administrator under this paragraph will constitute final agency action. The existence of a dispute and PHMSA’s consideration of matters placed in dispute will not excuse, toll, or suspend any term or timeframe for completion of any work to be performed under this Agreement during the pendency of the dispute resolution process. VIII. Effective Date: 20. The term “Effective Date,” as used herein, is the date on which the Consent Order is issued by the Associate Administrator incorporating the terms of this Agreement. IX. Recordkeeping and Information Disclosure: 21. Unless otherwise required in this Agreement, Respondent agrees to maintain records demonstrating compliance with all requirements of this Agreement for a period of at least five (5) years following completion of all work to be performed, unless a longer period of time is required pursuant to 49 CFR parts 190-199. For any reports, plans, or other deliverables required to be submitted to PHMSA pursuant to this Agreement, Respondent may assert a claim of business confidentiality or other protections applicable to the release of information by PHMSA, covering part or all of the information required to be submitted to PHMSA pursuant to this Agreement in accordance with 49 CFR Part 7. Respondent must mark the claim of confidentiality in writing on each page, and include a statement specifying the grounds for each claim of confidentially. PHMSA determines release of any information submitted pursuant to this Agreement in accordance with 49 CFR Part 7, the Freedom of Information Act, 5 U.S.C. § 552, DOT and PHMSA policies, and other applicable regulations and Executive Orders. X. Modification: 22. The terms of this Agreement may be modified by mutual agreement of the Parties. Such modifications must be in writing and signed by both parties. XI. Termination: 23. This Agreement will remain in effect until the Civil Penalty in Section III is paid in full and the Compliance Order in Section IV is satisfied, as determined by the Director. The Agreement shall not terminate until the Director confirms, in writing, that the Agreement is Page | 5#
52025006NOPV_Consent Agreement and Order_02062026_(24-296481)_text.pdf, page 9CPF No. 5-2025-006-NOPV terminated in accordance with this paragraph. Nothing in this Agreement prevents Respondent from completing any of the obligations earlier than the deadlines provided for in this Agreement. XII. Ratification: 24. The Parties’ undersigned representatives certify that they are fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind such party to this document. 25. The Parties hereby agree to all findings, conditions, and terms of this Agreement. [Signature Lines on Following Page] Page | 6#
52025006NOPV_Consent Agreement and Order_02062026_(24-296481)_text.pdf, page 10CPF No. 5-2025-006-NOPV For Twin Eagle Midstream Assets LLC: ___________________________________ ________________________ Date For PHMSA: ________________________________________ Director, Western Region, Office of Pipeline Safety ________________________ Date Page | 7#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.