{"operation":"document","citation":"CPF 52025006NOPV","title":"TWIN EAGLE MIDSTREAM ASSETS, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":"2025-07-30","effective_on":null,"summary":"OPEN notice of probable violation citing 194.7(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52025006nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52025006nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52025006nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52025006NOPV","body":"Notice of Probable Violation involving TWIN EAGLE MIDSTREAM ASSETS, LLC. PHMSA's enforcement data identifies the cited regulation as 194.7(b). The case was opened on 2025-07-30 and is reported as open. Proposed civil penalty: $62,900. Assessed civil penalty: $62,900. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52025006NOPV_Consent Agreement and Order_02062026_(24-296481).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025006NOPV/52025006NOPV_Consent%20Agreement%20and%20Order_02062026_(24-296481).pdf\n\n52025006NOPV_Consent Agreement and Order_02062026_(24-296481)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025006NOPV/52025006NOPV_Consent%20Agreement%20and%20Order_02062026_(24-296481)_text.pdf\n\n52025006NOPV_Final Order_10142025_(24-296481).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025006NOPV/52025006NOPV_Final%20Order_10142025_(24-296481).pdf\n\n52025006NOPV_Final Order_10142025_(24-296481)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025006NOPV/52025006NOPV_Final%20Order_10142025_(24-296481)_text.pdf\n\n52025006NOPV_Operator Petition for Reconsideration_10222025_(24-296481).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025006NOPV/52025006NOPV_Operator%20Petition%20for%20Reconsideration_10222025_(24-296481).pdf\n\n52025006NOPV_Operator Response to Notice_09152025_(24-296481).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025006NOPV/52025006NOPV_Operator%20Response%20to%20Notice_09152025_(24-296481).pdf\n\n52025006NOPV_PCP PCO_07302025_(24-296481).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025006NOPV/52025006NOPV_PCP%20PCO_07302025_(24-296481).pdf\n\n52025006NOPV_PCP PCO_07302025_(24-296481)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025006NOPV/52025006NOPV_PCP%20PCO_07302025_(24-296481)_text.pdf\n\n52025006NOPV_Final Order_10142025_(24-296481)_text.pdf\n\nOctober 14, 2025\nVIA ELECTRONIC MAIL TO: Michael.Matlock@twineagle.com\nMichael Matlock\nVice President of Compliance\nTwin Eagle Midstream Assets, LLC\n1700 City Plaza Drive, Suite 500\nSpring, TX 77002\nRe: CPF No. 5-2025-006-NOPV\nDear Mr. Matlock:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation, assesses a civil penalty of $62,900, and specifies actions that need to be taken to\ncomply with the pipeline safety regulations. When the civil penalty has been paid and the terms\nof the compliance order are completed, as determined by the Director, Western Region, this\nenforcement action will be closed. Service of the Final Order by e-mail is effective upon the date\nof transmission and acknowledgement of receipt as provided under 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nActing Associate Administrator\nfor Pipeline Safety\nEnclosures (Final Order and NOPV)\ncc: Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA\nRobert Littlepage, Director, EHS & Compliance, Twin Eagle Terminals & Logistics\nLLC, Robert.Littlepage@teterminals.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nTwin Eagle Midstream Assets, LLC, ) CPF No. 5-2025-006-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn July 30, 2025, pursuant to 49 CFR § 190.207, the Director, Western Region, Office of\nPipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Twin Eagle Midstream\nAssets, LLC (Respondent). The Notice proposed finding that Respondent had violated the\npipeline safety regulations in 49 CFR Part 194 and proposed a civil penalty of $ 62,900.\nEffective May 20, 2025, PHMSA revised its proposed civil penalty calculation policy to use the\nversion of the Civil Penalty Worksheet in effect when the alleged violation occurred. The new\npolicy did not change the proposed civil penalty in this case. The Notice also proposed certain\nmeasures to correct the violations. Respondent did not contest the allegations of violation,\ncorrective measures, or proposed civil penalty.\nBased upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the\npipeline safety regulations listed below, as more fully described in the enclosed Notice, which is\nincorporated by reference:\n49 CFR § 194.7 (Item 1) ─ Respondent failed to provide records demonstrating\nthat its onshore pipeline facilities were operated in accordance with the applicable\nresponse plan.\nThis finding of violation will be considered as a prior offense in any subsequent enforcement\naction taken against Respondent. In accordance with 49 CFR § 190.223, I assess Respondent a\ntotal civil penalty of $62,900.\nPayment of the civil penalty must be made within 20 days of service. Federal regulations (49\nCFR § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal\nReserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed\ninstructions are contained in the enclosure. Questions concerning wire transfers should be\ndirected to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike\nMonroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169.\n\n\n\nThe Financial Operations Division telephone number is (405) 954-8845.\nFailure to pay the $62.900 civil penalty will result in accrual of interest at the current annual rate\nin accordance with 31 U.S.C. § 3717, 31 CFR § 901.9 and 49 CFR § 89.23. Pursuant to those\nsame authorities, a late penalty charge of six percent (6%) per annum will be charged if payment\nis not made within 110 days of service. Furthermore, failure to pay the civil penalty may result in\nreferral of the matter to the Attorney General for appropriate action in a district court of the\nUnited States.\nCompliance Actions\nPursuant to 49 U.S.C. § 60118(b) and 49 CFR § 190.217, Respondent is ordered to take the\nactions proposed in the enclosed Notice to correct the violation. The Director may grant an\nextension of time to comply with any of the required items upon a written request timely\nsubmitted by the Respondent and demonstrating good cause for an extension. Upon completion\nof the ordered actions, Respondent may request that the Director close the case. Failure to\ncomply with this Order may result in the assessment of civil penalties under 49 CFR § 190.223\nor in referral to the Attorney General for appropriate relief in a district court of the United States.\nThe terms and conditions of this order are effective upon service in accordance with 49 CFR\n§ 190.5.\n___________________________________ _________________________\nLinda Daugherty Date Issued\nActing Associate Administrator\nfor Pipeline Safety\n\n\n\nNOTICE OF PROBABLE VIOLATION\nPROPOSED CIVIL PENALTY\nand\nPROPOSED COMPLIANCE ORDER\nVIA ELECTRONIC MAIL TO: Michael.Matlock@twineagle.com\nJuly 30, 2025\nMr. Michael Matlock\nVice President of Compliance\nTwin Eagle Midstream Assets, LLC\n1700 City Plaza Drive, Suite 500\nSpring, TX 77002\nCPF 5-2025-006-NOPV\nDear Mr. Matlock:\nFrom April 15 to April 16, 2024, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49\nUnited States Code (U.S.C.), inspected Twin Eagle Midstream Assets LLCs (Twin Eagle\nMidstream or Midstream) Powder River Basin Connector Hazardous Liquid (HL) facilities in\nDouglas, Wyoming.\nAs a result of the inspection, it is alleged that Twin Eagle Midstream has probable violations of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The probable\nviolation is as follows:\n1. § 194.7 Operating restrictions and interim operating authorization.\n(a) . . . .\n(b) An operator must operate its onshore pipeline facilities in accordance with the\napplicable response plan.\n\n\n\nTwin Eagle Midstream failed to provide records demonstrating the onshore pipeline facilities\nwere operated in accordance with the applicable response plan. Specifically, Twin Eagle\nMidstream failed to demonstrate compliance in three areas of their response plan.\nFirst, Twin Eagle Midstream failed to provide records to demonstrate compliance with the drill\nprogram outlined in its Integrated Contingency Plan (ICP) for calendar years 2020 through April\n2024. Twin Eagle Midstream’s ICP (prepared November 2015 and revised October 2023)\nrequires conducting multiple drills 1 including annual Oil Pollution Act (OPA) table-top drills,\nannual Oil Spill Response Organization (OSRO) equipment deployment drills, semi-annual\noperator owned equipment deployment drills, quarterly Qualified Individual (QI) notifications,\nand an annual unannounced exercise. Twin Eagle Midstream’s ICP, Section 18.1, states it will\nconduct exercises in compliance with the National Preparedness for Response Exercise Program\n(PREP) Guidelines. 2\nDuring the inspection, Twin Eagle Midstream could not produce documentation demonstrating\nan annual spill management tabletop exercise drill had been conducted for the calendar year of\n2023. Previously, the operator was issued a warning letter in 2023 because it failed to conduct\nan annual spill management tabletop exercise in 2021.\n3 In addition, Twin Eagle Midstream\ncould not produce records to demonstrate an annual unannounced exercise was conducted in\n2023.\nTwin Eagle Midstream failed to conduct quarterly Qualified Individuals (QI) drills in from the\nfirst quarter of 2020, through the first quarter of 2024, as required by PREP Guidelines and\nSection 18.1 of the ICP. During inspection, Twin Eagle Midstream staff were not able to\narticulate the requirements of Midstream’s ICP and were unaware of the term “QI” despite staff\nmembers being listed as Qualified Individuals in the ICP.4\nIn addition, Twin Eagle Midstream failed to conduct a semi-annual equipment deployment\nexercise since 2020 as required by its ICP. During the inspection, Twin Eagle Midstream staff\nindicated Midstream maintains spill response equipment onsite at its Douglas, Wyoming facility.\nTwin Eagle Midstream also maintains a contract with an Oil Spill Response Organization\n(OSRO). During inspection, Twin Eagle Midstream was unable to provide records to\ndemonstrate semi-annual equipment deployment exercises had been performed from calendar\nyears 2020 through 2023, nor could it produce records to demonstrate annual equipment\ndeployment exercises by their contracted OSRO for the same years, as required by Section 18.1\nof Midstream’ s ICP and the PREP guidelines.\nTherefore, Twin Eagle Midstream failed to comply with § 194.7(b) by not performing annual\nspill management tabletop exercises, quarterly QI notifications, semi-annual equipment\ndeployment exercises, annual OSRO equipment deployment exercises, and annual unannounced\n1 See ICP, Section 18 – Drills.\n2 See 49 C.F.R. § 194.107(c)(1)(ix) (requiring operators to include a drill program within their response plan that\nfollows the National Preparedness for Response Exercise Program (PREP) or equivalent guidelines).\n3 See CPF 5-2023-007 WL.\n4 Littlepage, Robert. “Re: 2022 ER Drill Report” Received by Diana Fehling, 10 June 2024.\n\n\n\nexercises as required by its Integrated Contingency Plan and National Preparedness for Response\nExercise Program (PREP) guidelines.\nProposed Civil Penalty\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$272,926 per violation per day the violation persists, up to a maximum of $2,729,245 for a\nrelated series of violations. For violation occurring on or after December 28, 2023 and before\nDecember 30, 2024, the maximum penalty may not exceed $266,015 per violation per day the\nviolation persists, up to a maximum of $2,660,135 for a related series of violations. For violation\noccurring on or after January 6, 2023 and before December 28, 2023, the maximum penalty may\nnot exceed $257,664 per violation per day the violation persists, up to a maximum of $2,576,627\nfor a related 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 $2,391,412 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.\nWe have reviewed the circumstances and supporting documentation involved for the above\nprobable violations and recommend that you be preliminarily assessed a civil penalty of $ 62,900\nas follows:\nItem number\nPENALTY\n1\n$ 62,900\nProposed Compliance Order\nWith respect to item number 1 pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous\nMaterials Safety Administration proposes to issue a Compliance Order to Twin Eagle\nMidstream. Please refer to the Proposed Compliance Order, which is enclosed and made a part\nof this Notice.\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators\nin Enforcement Proceedings. Please refer to this document and note the response options. All\nmaterial you submit in response to this enforcement action may be made publicly available. If\nyou believe that any portion of your responsive material qualifies for confidential treatment\nunder 5 U.S.C. $552(b), along with the complete original document you must provide a second\n\n\n\ncopy of the document with the portions you believe qualify for confidential treatment redacted\nand an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. § 552(b).\nFollowing your receipt of this Notice, you have 30 days to respond as described in the enclosed\nResponse Options. If you do not respond within 30 days of receipt of this Notice, this constitutes\na waiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to\nyou and to issue a Final Order. If you are responding to this Notice, we propose that you submit\nyour correspondence to my office within 30 days from receipt of this Notice. The Region\nDirector may extend the period for responding upon a written request timely submitted\ndemonstrating good cause for an extension.\nIn your correspondence on this matter, please refer to CPF 5-2025-006-NOPV and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#24-296481)\nJason Hulin, Twin Eagle Midstream Assets, LLC, Jason.Hulin@crestwoodlp.com\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Enforcement Proceedings\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 Twin Eagle Midstream a Compliance Order\nincorporating the following remedial requirements to ensure the compliance of Twin Eagle\nMidstream with the pipeline safety regulations:\nA. B. C. In regard to Item Number 1 of the Notice pertaining to failure to conduct drills,\nnotifications, and exercises, Twin Eagle Midstream must conduct all drills,\nnotifications, and exercises as required by their response plan and which follows\nthe National Preparedness for Response Exercise Program (PREP) within 90 days\nof receipt of the Final Order.\nIn regard to Item Number 1 of the Notice pertaining to failure to conduct drills,\nnotifications, and exercises, Twin Eagle Midstream must conduct training to staff\nwhich provides instruction and responsibilities in Twin Eagles Midstream’s\nFacility Response Plan (FRP) and following the National Preparedness for\nResponse Exercise Program (PREP) guidelines. The training must be\ncomprehensive to ensure Twin Eagle staff are effectively trained within 90 days\nof receipt of the Final Order. Twin Eagle must submit evidence that the training\nhas been completed to the Director, within 30 days of the training.\nIt is requested (not mandated) that Twin Eagle Midstream maintain\ndocumentation of the safety improvement costs associated with fulfilling this\nCompliance Order and submit the total to Dustin Hubbard, Director, Western\nRegion, Pipeline and Hazardous Materials Safety Administration. It is requested\nthat these costs be reported in two categories: 1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses, and 2) total cost\nassociated with replacements, additions and other changes to pipeline\ninfrastructure.\n\n52025006NOPV_Consent Agreement and Order_02062026_(24-296481)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nFebruary 6, 2026\nVIA ELECTRONIC MAIL TO: Michael.Matlock@twineagle.com\nMichael Matlock\nVice President of Compliance\nTwin Eagle Midstream Assets, LLC\n1700 City Plaza Drive, Suite 500\nSpring, Texas 77002\nCPF No. 5-2025-006-NOPV\nDear Mr. Matlock:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement between\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA) and Twin Eagle\nMidstream, LLC, which was executed on February 4, 2026. When the civil penalty has been paid\nand the compliance order satisfied, this enforcement action will be closed. Service of the Consent\nOrder and Consent Agreement by electronic mail is deemed effective upon the date of transmission\nand acknowledgement of receipt or as otherwise provided under 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nActing Associate Administrator\nfor Pipeline Safety\nEnclosure: Consent Order and Consent Agreement\ncc: Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA\nBrandon Kroll, Counsel, Twin Eagle Terminal & Logistics, LLC,\nBrandon.Kroll@teterminals.com\nRobert Littlepage, Director, EHS & Compliance, Twin Eagle Terminals & Logistics,\nLLC, Robert.Littlepage@terterminals.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nTwin Eagle Midstream Assets, LLC ) CPF No. 5-2025-006-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated July 30, 2025, pursuant to 49 CFR § 190.207, the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), issued a Notice of\nProbable Violation, Proposed Civil Penalty, and Proposed Compliance Order (Notice) to Twin\nEagle Midstream Assets, LLC (Twin Eagle or Respondent).\nTwin Eagle responded to the Notice by letter dated September 15, 2025 (Response). Respondent\ndid not contest the alleged violation, the proposed civil penalty, or the proposed compliance\norder, and provided information regarding the actions it had taken since the on-site inspection. In\naccordance with 49 CFR § 190.213, a Final Order was issued on October 14, 2025 finding Twin\nEagle in violation of 49 CFR § 194.7, assessing a civil penalty of $62,900, and requiring Twin\nEagle to take certain corrective actions.\nTwin Eagle submitted a Petition for Reconsideration of the Final Order (Petition) dated October\n22, 2025 requesting that PHMSA either reduce the civil penalty or establish a payment plan.\nRespondent and PHMSA (the Parties) met on December 15, 2025. As a result of that discussion,\nthe Parties have agreed to a Consent Agreement by which PHMSA affirms the finding of\nviolation in the Final Order, Respondent will pay the assessed civil penalty amount of $62,900\nvia a payment plan over the course of one year, and Respondent will complete the compliance\nactions as directed in the Final Order.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order issued pursuant to section 190.219. Twin Eagle is hereby ordered to comply with\nthe terms of the Consent Agreement pursuant to its terms. Pursuant to 49 U.S.C. § 60101, et\nseq., failure to comply with this Consent Order may result in the assessment of civil penalties as\nset forth in 49 U.S.C. § 60122 and 49 CFR § 190.223, or in referral to the Attorney General for\nappropriate relief in a district court of the United States.\n\n\n\nThe terms and conditions of this Consent Order are effective upon service in accordance with\n49 CFR § 190.5.\n______________________ ______________________\nLinda Daugherty Date Issued\nActing Associate Administrator\nfor Pipeline Safety\n\n\n\nCPF No. 5-2025-006-NOPV\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nTwin Eagle Midstream Assets, LLC, ) CPF No. 5-2025-006-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nFrom April 15 through April 16, 2024, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of\nTitle 49, United States Code (U.S.C.), conducted an on-site pipeline safety inspection of the\nfacilities and records of Twin Eagle Midstream Assets, LLC’s (Twin Eagle or Respondent)\nPowder River Basin Connector Hazardous Liquid facilities in Douglas, Wyoming.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated July 30, 2025, a Notice of Probable Violation, Proposed Civil\nPenalty, and Proposed Compliance Order (Notice). In accordance with 49 CFR § 190.207, the\nNotice proposed finding that Twin Eagle committed a violation of 49 CFR Part 194, proposed\nordering Respondent to take certain measures to correct the alleged violation, and proposed a\ncivil penalty of $62,900.\nTwin Eagle responded to the Notice by letter dated September 15, 2025 (Response). Respondent\ndid not contest the alleged violation, the proposed civil penalty, or the proposed compliance\norder, and provided information regarding the actions it had taken since the on-site inspection. In\naccordance with 49 CFR § 190.213, a Final Order was issued on October 14, 2025 finding Twin\nEagle in violation of 49 CFR § 194.7, assessing a civil penalty of $62,900, and requiring\nRespondent to take certain corrective actions.\nTwin Eagle submitted a Petition for Reconsideration of the Final Order (Petition) dated October\n22, 2025 requesting either that PHMSA reduce the civil penalty or establish a payment plan.\nPHMSA and Respondent (the Parties) subsequently met to discuss the Petition. As a result of\nthose discussions and as explained in more detail below, PHMSA agrees to establish a payment\nplan. Accordingly, the Parties have agreed to a Consent Agreement by which PHMSA affirms\nthe finding of violation in the Final Order, Respondent will pay the assessed civil penalty amount\nof $62,900 via a payment plan over the course of one year, and Respondent will complete the\ncompliance actions as directed in the Final Order.\nPage | 1\n\n\n\nCPF No. 5-2025-006-NOPV\nPursuant to 49 U.S.C. § 60101, et seq. and 49 CFR Part 190, and upon consent and agreement,\nthe Parties hereby agree as follows:\nI. General Provisions\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notice and Final Order, Respondent and its referenced pipeline facilities are subject to the\njurisdiction of the Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations\nand administrative orders issued thereunder. For purposes of this Consent Agreement\n(Agreement), Respondent acknowledges that it received proper notice of PHMSA’s action in this\nproceeding and that the Notice and Final Order state claims upon which relief may be granted\npursuant to 49 U.S.C. § 60101, et seq., and the regulations and orders issued thereunder.\n2. After Respondent returns this signed Agreement to PHMSA, the Agency’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety, recommending\nthat the Associate Administrator adopt the terms of this Agreement by issuing an administrative\norder (Consent Order) incorporating the terms of this Agreement. The terms of this Agreement\nconstitute an offer of settlement until accepted by the Associate Administrator. Once accepted,\nthe Associate Administrator will issue a Consent Order incorporating the terms of this Agreement.\n3. Respondent consents to the issuance of the Consent Order, and hereby waives any\nfurther procedural requirements with respect to its issuance. Respondent waives all rights to\ncontest the adequacy of notice, or the validity of the Consent Order or this Agreement, including\nall rights to administrative or judicial hearings or appeals, except for the Dispute Resolution\nprovisions set forth herein.\n4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons\notherwise bound by law. Respondent agrees to provide a copy of this Agreement and any\nincorporated work plans and schedules to all of Respondent’s officers, employees, and agents\nwhose duties might reasonably include compliance with this Agreement.\n5. This Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement.\nThe Parties acknowledge that there are no representations, agreements or understandings relating\nto settlement other than those expressly contained in this Agreement, except that the terms of this\nAgreement may be construed by reference to the Notice and Final Order.\n6. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,\net seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters\nPHMSA’s right of access, entry, inspection, and information gathering or PHMSA’s authority to\nbring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\nPage | 2\n\n\n\nCPF No. 5-2025-006-NOPV\n7. For all transfers of ownership or operating responsibility of Respondent’s pipeline\nsystem referenced herein, Respondent will provide a copy of this Agreement to the prospective\ntransferee at least 30 days prior to such transfer. Respondent will provide written notice of the\ntransfer to the Director no later than 60 days after the transfer occurs.\n8. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems. This Agreement is not a\npermit, or a modification of any permit, under any Federal, State, or local laws or regulations.\nRespondent remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n9. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n10. Except as set forth herein, this Agreement does not constitute a finding of\nviolation of any other federal law or regulation and may not be used in any civil proceeding of\nany kind as evidence or proof of any fact, fault or liability, or as evidence of a violation of any\nlaw, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this\nAgreement or in future PHMSA enforcement actions.\nII. Finding of Violation:\n11. Item 1 - 49 CFR § 194.7: The Final Order found Respondent failed to provide\nrecords demonstrating that its onshore pipeline facilities were operated in accordance with the\napplicable response plan. PHMSA affirms the finding of violation of 49 CFR § 194.7 as set forth\nin the Final Order.\n12. Item 1 will be considered by PHMSA as a prior offense in any future PHMSA\nenforcement action taken against Respondent.\nIII. Civil Penalty:\n13. Item 1: The Final Order assessed a civil penalty in the amount of $62,900 for Item\n1. In its Petition, Respondent requested a reduction of the assessed civil penalty or, in the\nalternative, establishment of a payment plan. PHMSA agrees to establish a payment plan, which\nis appropriate based on discussions with Respondent and the circumstances outlined in the\nPetition.\n14. Respondent agrees to pay a total civil penalty in the amount of $62,900, pursuant\nto the payment instructions at 49 CFR § 190.227(a). The civil penalty is to be paid over the\ncourse of one (1) year as follows:\nPage | 3\n\n\n\nCPF No. 5-2025-006-NOPV\n(a) Respondent will pay the amount of $5,242 in eleven (11) equal installments on the\nfirst of the month beginning March 1, 2026 through and including January 1, 2027.\n(b) Respondent will pay the twelfth and final payment of $5,238 on February 1, 2027.\nIV. Compliance Order:\n15. Item 1: The Final Order required certain compliance order actions to address the\nnon-compliance. Respondent agrees to perform the corrective measures as ordered. Specifically:\n(a) Twin Eagle must conduct all drills, notifications, and exercises as required by its\nresponse plan and which follows the PREP guidelines within 90 days of the Effective Date.\n(b) Twin Eagle must conduct training to the staff that provide instruction and\nresponsibilities in Respondent’s Facility Response Plan (FRP) following the PREP guidelines.\nThe training must be comprehensive to ensure Twin Eagle staff are effectively trained within 90\ndays of the Effective Date. Twin Eagle must submit documentation of completion of the training\nprogram within 30 days after it has been completed.\nV. Enforcement:\n17. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 CFR Part 190, including administrative civil penalties\nunder 49 U.S.C. § 60122, of up to $272,926 per violation for each day the violation continues and\nreferral of the case to the Attorney General for judicial enforcement, if PHMSA determines that\nRespondent is not complying with the terms of this Agreement in accordance with the\ndeterminations made by the Director, or in accordance with decisions of the Associate\nAdministrator if resolved pursuant to the Dispute Resolution process herein. The maximum civil\npenalty amounts are adjusted annually for inflation. See 49 CFR § 190.223. All work plans and\nassociated schedules set forth or referenced in Section IV (Compliance Order) are automatically\nincorporated into this Agreement and are enforceable in the same manner.\nVI. Review and Approval Process:\n18. With respect to any submission under Section IV (Compliance Order) of this\nAgreement that requires the approval of the Director, the Director may: (a) approve, in whole or\nin part, the submission; (b) approve the submission on specified, reasonable conditions; (c)\ndisapprove, in whole or in part, the submission; or (d) any combination of the foregoing. If the\nDirector approves, approves in part, or approves with conditions, Respondent will take all\nactions as approved by the Director, subject to Respondent’s right to invoke the dispute\nresolution procedures with respect to any conditions the Director identifies. If the Director\ndisapproves all or any portion of the submission, the Director will provide Respondent a written\nnotice of the deficiencies. Respondent will correct all deficiencies within the time specified by\nthe Director and resubmit it for approval.\nPage | 4\n\n\n\nCPF No. 5-2025-006-NOPV\nVII. Dispute Resolution:\n19. The Director and Respondent will informally attempt to resolve any disputes\narising under this Agreement, including any decision of the Director under the terms of Sections\nIV (Compliance Order) and VI (Review and Approval Process). If Respondent and the Director\nare unable to informally resolve the dispute within 15 calendar days after the dispute is first\nraised, in writing, to the Director, Respondent may submit a written request for a determination\nresolving the dispute from the Associate Administrator. Such request must be made in writing\nand provided to the Director, counsel for the Western Region, and to the Associate\nAdministrator, no later than 10 calendar days from the 15-day deadline for informal resolution\nreferenced in this paragraph. Along with its request, Respondent must provide the Associate\nAdministrator with all information Respondent believes is relevant to the dispute. Decisions of\nthe Associate Administrator under this paragraph will constitute final agency action. The\nexistence of a dispute and PHMSA’s consideration of matters placed in dispute will not excuse,\ntoll, or suspend any term or timeframe for completion of any work to be performed under this\nAgreement during the pendency of the dispute resolution process.\nVIII. Effective Date:\n20. The term “Effective Date,” as used herein, is the date on which the Consent Order\nis issued by the Associate Administrator incorporating the terms of this Agreement.\nIX. Recordkeeping and Information Disclosure:\n21. Unless otherwise required in this Agreement, Respondent agrees to maintain\nrecords demonstrating compliance with all requirements of this Agreement for a period of at\nleast five (5) years following completion of all work to be performed, unless a longer period of\ntime is required pursuant to 49 CFR parts 190-199. For any reports, plans, or other deliverables\nrequired to be submitted to PHMSA pursuant to this Agreement, Respondent may assert a claim\nof business confidentiality or other protections applicable to the release of information by\nPHMSA, covering part or all of the information required to be submitted to PHMSA pursuant to\nthis Agreement in accordance with 49 CFR Part 7. Respondent must mark the claim of\nconfidentiality in writing on each page, and include a statement specifying the grounds for each\nclaim of confidentially. PHMSA determines release of any information submitted pursuant to\nthis Agreement in accordance with 49 CFR Part 7, the Freedom of Information Act, 5 U.S.C. §\n552, DOT and PHMSA policies, and other applicable regulations and Executive Orders.\nX. Modification:\n22. The terms of this Agreement may be modified by mutual agreement of the Parties.\nSuch modifications must be in writing and signed by both parties.\nXI. Termination:\n23. This Agreement will remain in effect until the Civil Penalty in Section III is paid\nin full and the Compliance Order in Section IV is satisfied, as determined by the Director. The\nAgreement shall not terminate until the Director confirms, in writing, that the Agreement is\nPage | 5\n\n\n\nCPF No. 5-2025-006-NOPV\nterminated in accordance with this paragraph. Nothing in this Agreement prevents Respondent\nfrom completing any of the obligations earlier than the deadlines provided for in this Agreement.\nXII. Ratification:\n24. 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.\n25. The Parties hereby agree to all findings, conditions, and terms of this Agreement.\n[Signature Lines on Following Page]\nPage | 6\n\n\n\nCPF No. 5-2025-006-NOPV\nFor Twin Eagle Midstream Assets LLC:\n___________________________________\n________________________\nDate\nFor PHMSA:\n________________________________________\nDirector, Western Region, Office of Pipeline Safety\n________________________\nDate\nPage | 7","truncated":false,"body_characters":37163}