EPA v. Wagner Oil Company (E Benoit No. 1)

Case summary

On January 8, 2014, EPA Region 6 issued a Consent Agreement and Final Order (CAFO) under its authority pursuant to the Clean Air Act to Wagner Oil Company. The CAFO was issued in response to violations of Section 112(r)(1) of the Clean Air Act. The CAFO requires Wagner Oil Company to pay an assessed penalty of $30,000 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)

• Wagner Oil CompanyNamed in complaintNamed in settlement

Facilities (2)

• EAST BENOIT #1 PRODUCTION FACILITY - S MERMENTAU FIELD

  2 MI W OF, MORSE, LA, 705590000

  Registry ID: 110007065479

• EAST BENOIT #1 PRODUCTION FACILITY - S MERMENTAU FIELD

  2 MI W OF, MORSE, LA, 705590000

  Registry ID: 110007065479

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• Wagner Oil Company (E Benoit No. 1)entered 2014-01-08

  Primary law: CAA

  Federal penalty: $30,000

Timeline (4 milestones)

• 2013-12-11Complaint Filed/Proposed Order
• 2013-12-13Enforcement Action Data Entered
• 2014-01-08Final Order Issued
• 2014-01-18Enforcement Action Closed