EPA v. Western Refining Southwest, Inc

Case summary

On July 8, 2013, EPA Region 6 issued a Consent Agreement and Final Order (CAFO) under its authority pursuant to the Clean Air Act to company. The CAFO was issued in response to violations of: Section 112(r)(1) of the Clean Air Act. The CAFO requires company to pay an assessed penalty of $187,500 within 30 days of the effective date of the CAFO. Pursuant to section 112(r)(l) of the CAA, 42 U.S.C. § 7412(r)(1), an owner/operator of a stationary source producing, processing, handling or storing substances listed pursuant to section 112(r)(3) of the CAA, 42 U.S.C. § 7412(r)(3), or any other extremely hazardous substance, has a general duty to: (1) identify hazards which may result from accidental releases of such substances using appropriate hazard assessment techniques; (2) design and maintain a safe facility, taking such steps as are necessary to prevent releases; and (3) minimize the consequences of accidental releases that do occur

Defendants (1)

• Western Refining Southwest, IncNamed in complaintNamed in settlement

Facilities (1)

• WESTERN REFINING - GALLUP REFINERY

  17 MI E OF GALLUP, GALLUP, NM, 87301

  Registry ID: 110011031052

Statutes cited

• CAA 112R — General Duty/Accidental Release

Enforcement conclusions (1)

• Western Refining Southwest, Incentered 2013-07-08

  Primary law: CAA

  Federal penalty: $187,500

Timeline (4 milestones)

• 2013-07-08Final Order Issued
• 2013-07-08Complaint Filed/Proposed Order
• 2013-07-09Enforcement Action Data Entered
• 2013-07-19Enforcement Action Closed