EPA v. BAKER PETROLITE, LLC

Case summary

PURSUANT TO SECTIONS 22.13(b), 22.18(b)(2), AND 22.18(b)(3) OF THE CONSOLIDATED RULES, THE REGIONAL JUDICIAL OFFICER, ON DECEMBER 4, 2017, SIGNED THE FINAL ORDER ACCEPTING THE CONSENT AGREEMENT (COLLECTIVELY CAFO ) NEGOTIATED IN SETTLEMENT OF CERTAIN VIOLATIONS BY BAKER PETROLITE, LLC ( RESPONDENT ) WITH RESPECT TO THE SALE OR DISTRIBUTION OF A MISBRANDED PESTICIDE BY RESPONDENT LOCATED AT 12645 W. AIRPORT BLVD., SUGAR LAND, TEXAS. SPECIFICALLY, THE CAFO ADDRESSES THE SALE OR DISTRIBUTION OF A MISBRANDED PESTICIDE, X-CIDE 105 (EPA REG. NO. 10707-41), AND RESPONDENT'S FAILURE TO COMPLY WITH PESTICIDE CONTAINER REGULATIONS SET FORTH AT 40 C.F.R. SECTION 156.146. ON AUGUST 16, 2006, EPA PUBLISHED A FINAL RULE TITLED PESTIFCIDE MANAGEMENT AND DISPOSAL STANDARDS FOR PESTIC IDE CONTIANERS AND CONTAMINANMENT (HEREINAFTER THE FINAL RULE ) THAT ESTABLISHED STANDARDS FOR PESTICIDE CONTAINERS AND CONTAINMENT STRUCTURES. THE PURPOSE OF THE FNAL RULE WAS TO, INTER ALIA, ESTABLISH REQUIREMENTS FOR LABEL LANGUAGE TO INCLUDE STATEMENTS IDENTIFYING THE CONTAINER WAS REFILLABLE OR NON-REFILLABE AND INSTRUCTIONS FOR PROPER DISPOSAL OR RECYCLING OF CONTAINERS TO PROTECT HUMAN HELATH AND THE ENVIRONMENTL. RESPONDENT'S LABEL FOR X-CIDE 105 (EPA REG. NO. 10707-41) DID NOT COMPLY WITH THE REQUIREMENTS OF THE FINAL RULE. UNDER THE TERMS OF THE CAFO, RESPONDENT WILL PAY A CIVIL PENALTY IN THE AMOUNT OF $16,000. THIS CONSENT AGREEMENT AND FINAL ORDER INITIATES AND CONCUDES THIS MATTER. REGION 6 WAS NOTIFIED AND CONCURRED WITH THIS ACTION.

Defendants (1)

• BAKER PETROLITE, LLCNamed in complaintNamed in settlement

Facilities (1)

• BAKER PETROLITE LLC

  12645 WEST AIRPORT BLVD., SUGAR LAND, TX, 77478

  Registry ID: 110005183620

Statutes cited

• FIFRA 12A2S — Violate Regulations Under 3(a) or 19
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• BAKER PETROLITE, LLCentered 2017-12-05

  Primary law: FIFRA

  Federal penalty: $16,000

Timeline (3 milestones)

• 2017-12-05Complaint Filed/Proposed Order
• 2017-12-05Final Order Issued
• 2017-12-18Enforcement Action Data Entered