EPA v. TRONOX INCORPORATED (NC)

Case summary

The bankruptcy settlement between EPA, other federal, state and local agencies, the Navajo Nation, and Tronox Incorporated became effective in February. Pursuant to the settlement, the governments will receive approximately $270 million and 88 percent of Tronox’s interest in fraudulent conveyance litigation against its former parent. The Fireworks Site in Hanover, Massachusetts, will receive a cash payment of approximately $948,000 and 1.5 percent of the governments’ share of the fraudulent conveyance litigation. The Site is currently a State-lead site. However, EPA is evaluating the Site for possible proposal to the National Priorities List (NPL). The settlement proceeds will be transferred to the Commonwealth and placed in an expendable trust to be used solely for response actions at the Site. If the Site is placed on the NPL, the Commonwealth and EPA will negotiate a division of the remaining trust proceeds, and EPA’s share will be placed in a Superfund special account. A predecessor of Tronox previously owned and operated the Site, which was used for the commercial manufacture of civilian fireworks and the research, development and manufacture of munitions and pyrotechnics for the U.S. Government. EPA performed a removal action at the Site approximately twenty years ago but has not had significant involvement since that time.

Defendants (1)

• TRONOX INCORPORATEDNamed in complaintNamed in settlement

Facilities (1)

• TRONOX INCORPORATED

  FIREWORKS SITE, HANOVER, MA, 02339

  Registry ID: 110040049471

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• TRONOX INCORPORATED (NC)entered 2011-02-14

  Primary law: CERCLA

Timeline (7 milestones)

• 2009-07-10Enforcement Action Data Entered
• 2009-07-10Referred To Headquarters
• 2009-08-11Referred To Dept Of Justice
• 2009-08-12Complaint Filed With Court
• 2010-11-23Final Order Lodged
• 2011-02-14Concluded
• 2011-02-14Final Order Entered