# TWIN EAGLE MIDSTREAM ASSETS, LLC — Notice of Probable Violation

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

Official case documents:

52025006NOPV_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

52025006NOPV_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

52025006NOPV_Final Order_10142025_(24-296481).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025006NOPV/52025006NOPV_Final%20Order_10142025_(24-296481).pdf

52025006NOPV_Final Order_10142025_(24-296481)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025006NOPV/52025006NOPV_Final%20Order_10142025_(24-296481)_text.pdf

52025006NOPV_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

52025006NOPV_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

52025006NOPV_PCP PCO_07302025_(24-296481).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025006NOPV/52025006NOPV_PCP%20PCO_07302025_(24-296481).pdf

52025006NOPV_PCP PCO_07302025_(24-296481)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025006NOPV/52025006NOPV_PCP%20PCO_07302025_(24-296481)_text.pdf

52025006NOPV_Final Order_10142025_(24-296481)_text.pdf

October 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



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. )
____________________________________)
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.



The 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



NOTICE 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.



Twin 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.



exercises 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



copy of the document with the portions you believe qualify for confidential treatment redacted
and an explanation of why you believe the redacted information qualifies for confidential
treatment under 5 U.S.C. § 552(b).
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



PROPOSED 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

U.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



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 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.



The 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



CPF 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



CPF 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



CPF 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



CPF 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.
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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
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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]
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CPF No. 5-2025-006-NOPV
For Twin Eagle Midstream Assets LLC:
___________________________________
________________________
Date
For PHMSA:
________________________________________
Director, Western Region, Office of Pipeline Safety
________________________
Date
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