On September 28, 2016, EPA Region 6 issued a Consent Agreement and Final Order (CAFO) under its authority pursuant to Section 113(d) of the Clean Air Act (CAA) to XTO Energy, Inc. (XTO) for their Layton facility located in McMullen County, Texas. The CAFO was issued in response to alleged violations of the Texas State Implementation Plan and conditions of the facility's permit by rule, pertaining to their unlit flare. The CAFO requires that XTO pay a penalty of $35,000. XTO must pay the penalty within 30 calendar days of the effective date of the CAFO.