EPA v. FREE STATE LUMBER COMPANY, INC.

Case summary

7/8/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,550. ON JUNE 22, 2008, EPA CONDUCTED AN INSPECTION AT THE FREIGHT HAULING COMPANY S.T.I., INC., 902 HIGHWAY 24 EAST, RAD BAY, AL. ON OR ABOUT JULY 14, 2008, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY AT 41542 HIGHWAY 195, HALEYVILLE, AL. DURING THE INSPECTIONS, DIMMENSIONAL LUMBER LABELED CCA .60 AWPC C16 UC4B WAS OBSERVED STACKED ON A TRAILER AT S.T.I., INC. AND ALSO IDENTIFIED AS BEING PRODUCED, SOLD, AND DISTRIBUTED BY RESPONDENT. RESPONDENT TREATED THE DIMENSIONAL LUMBER WITH THE PESTICIDE CCA TYPE-C WOOD PRESERVATIVE, EPA REG NO. 10465-28. THE LABEL ON CCA TYPE C WOOD PRESERVATIVE BEARS DIRECTIONS FOR USE AFTER DEC 31, 2003, ON SPECIFIC CATEGORIES OF FOREST PRODUCTS, WHICH DO NOT INCLUDE ITS USE ON DIMENSIONAL WOOD UNDER THE AWPC CA16 STANDARD. THE DIMENSIONAL WOOD CANNOT BE A TREATED ARTICLE IF THE LABEL FOR THE REGISTERED PESTICIDE DOES NOT AUTHORIZE ITS USE ON THE WOOD. AFTER DEC 31, 2003, CCA TYPE C WOOD PRESERVATIVE IS NOT REGISTERED FOR USE ON DIMENSIONAL WOOD TO BE USED ON FARMS UNDER THE AWPA C16 STANDARD. IT IS UNLAWFUL ACCORDING TO FIFRA SEC 12(a)(2)(G) TO USE ANY REGISTERED PESTICIDE IN A MANNER INCONSISTENT WITH IT LABELING. RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(G). AFTER TREATMENT WITH CCA TYPE C WOOD PRESERVATIVE, RESPONDENT LABELED THE DIMENSIONAL WOOD FOR USE UNDER THE AWPA C16 STANDARD AND ARRANGED FOR SHIPMENT OF THE WOOD BY S.T.I., INC. TO GERBEWR LUMBER AND HARDWARD, KIDRON, OH ON OR ABOUT JUNE 22, 2008. THE DIMENSIONAL LUMBER TREATED WITH CCA TYPE C WOOD PRESERVATIVE LABELED CCA .60 AWPA C16 UC4B DOES NOT MEET THE DEFINITION OF A TREATED ARTICLE AS SET FORTH IN 40 CFR 152.25(a), SINCE THE CCA TYPE C WOOD PRESERVATIVE IS NOT REGISTERED FOR USE ON DIMENSIONAL LUMBER UNDER THE AWPA C16 STANDARD. RESPONDENT DID NOT REGISTER THE TREATED DIMENSIONAL LUMBER FOR USE UNDER THE AWPC C16 STANDARD AS A PESTICIDE WITH THE ADMINISTRATOR PRIOR TO SALE OR DISTRIBUTION. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(A). AT THE TIME OF THE INSPECTIONS, THE LABELS ON THE DIMENSIONAL WOOD FAILED TO BEAR A WARNING OR CAUTION STATEMENT; DIRECTIONS FOR USE; THE REQUIRED SIGNAL WORD FOR THE PRODUCT; I.E., 'DANGER' 'WARNING' OR 'CAUTION'; THE EPA REGISTRATION NO.; AND THE EPA ESTABLISHMENT NUMBER. FIFRA SEC 12(a)(1)(E) MAKES IT UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS MISBRANDED. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(E).

Defendants (1)

• FREE STATE LUMBER CO., INC. (SB)Named in complaintNamed in settlement

Facilities (3)

• FREE STATE LUMBER CO.INC.

  41542 HIGHWAY 195, HALEYVILLE, AL, 35565

  Registry ID: 110000589168

• FREE STATE LUMBER CO.INC.

  41542 HIGHWAY 195, HALEYVILLE, AL, 35565

  Registry ID: 110000589168

• FREE STATE LUMBER CO.INC.

  41542 HIGHWAY 195, HALEYVILLE, AL, 35565

  Registry ID: 110000589168

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide
• FIFRA 12A2G — Misuse

Enforcement conclusions (1)

• FREE STATE LUMBER COMPANY, INC.entered 2009-07-08

  Primary law: FIFRA

  Federal penalty: $17,550

Timeline (4 milestones)

• 2009-07-08Complaint Filed/Proposed Order
• 2009-07-08Final Order Issued
• 2009-07-20Enforcement Action Data Entered
• 2009-07-23Enforcement Action Closed