EPA v. TRONOX, INC. (FORMERLY KERR-MCGEE CHEMICAL, LLC) (ANADARKO) (NC) (FRAUDULENT CONVEYANCE MATTER)

Case summary

IN R4, THERE ARE 2 CERCLA SITES AND 1 MULTI-MEDIA SITE AT WHICH TRONOX, INC., OR 1 OF ITS SUBSIDIARIES, IS A RESPONSIBLE PARTY. TRONOX WAS CREATED AS A RESULT OF A SPIN-OFF BY KERR-MCGEE CORP. THE FORMER OPERATOR AT THE TWO CERCLA SITE WAS KERR-MCGEE CHEMICAL LLC, A FORMER SUBSIDIARY OF KERR-MCGEE CORP. ON JAN 12, 2009, TRONOX FILED FOR CHAPTER 11 BANKRUPTCY PROTECTION, THEREBY HALTING THE REMEDIAL WORK AT THE 2 CERCLA SITE AND UNDERMINING EPA'S OPPORTUNITY FOR A FULL RECOVERY OF RESPONSE COSTS AT ALL OF TRONOX'S R4 SITES. IN FEB 2009, EPA R2 SUBMITTED TO DOJ A REFERRAL REQUESTING THAT DOJ FILE A CLAIM PURSUANT TO THE FEDERAL DEBT COLLECTION PROCEDURES ACT (FDCPA) AGAINST TRONOX, KERR-MCGEE, AND ANADARKO, THE CURRENT PARENT COMPANY OF KERR-MCGEE. EPA R2 ALLEGED THAT KERR-MCGEE'S SPIN-OFF OF TRONOX WAS FRAUDULENT AND COMPLETED FOR PURPOSES OF AVOIDING KERR-MCGEE'S HISOTRICAL ENVIRONMENTAL LIABILITIES. R4'S INSTANT REFERRAL IS A LETTER REFERRAL REQUESTING INCLUSION IN ANY FDCPA CLAIM BROUGHT ON EPA'S BEHALF. THERE ARE 6 DEFENDANTS: (1) TRONOX, INC.; (2) TRONOX WORLDWIDE LLC; (3) TRONOX LLC; (4) KERR-MCGEE CORP.; (5) KERR-MCGEE WORLDWIDE CORP; AND ANADARKO PETROLEUM. EPA R4 IS REQUESTING A JUDGMENT DECLARING CERTAIN TRANSFERS FRAUDULENT AS TO DEBTS TO THE U.S., A JUDGMENT VOIDING THOSE TRANSFERS TO THE EXTENT NECESSARY TO SATISFY ANY DEBT TO THE U.S., AND A JUDGMENT GRANTING ANY OTHER REMEDIES UNDER THE FDCPA. KERR-MCGEE AND TRONOX CURRENTLY OR PREVIOUSLY OWNED AND/OR OPERATED MANY SITES ACROSS THE NATION. THE TRONOX BANKRUPTCY IS SIGNIFICANT TO MANY EPA REGIONAL OFFICES.

Defendants (2)

• KERR MCGEE CORP.Named in complaintNamed in settlement
• ANADARKO PETROLEUM CORP.Named in complaintNamed in settlement

Facilities (5)

• KERR MCGEE CHEMICAL CORP SUPERFUND SITE-NAVASSA, NC

  NORTH NAVASSA ROAD, NAVASSA, NC, 28451

  Registry ID: 110009296662

• KERR-MCGEE CHEMICAL CORP-MERIDIAN

  HWY 11 S, MERIDIAN, MS, 39301

  Registry ID: 110040837814

• KERR-MCGEE CHEMICAL CORP - COLUMBUS

  EAST OF INT. OF N 14TH AVE & N 20TH ST, COLUMBUS, MS, 39701

  Registry ID: 110043437732

• KERR-MCGEE CHEMICAL CORP

  1611 TALLEYRAND AVE, JACKSONVILLE, FL, 32206

  Registry ID: 110009274891

• TRONOX PIGMENTS (SAVANNAH), INC. (KERR-MCGEE PIGMENTS)

  1 KERR-MCGEE ROAD, SAVANNAH, GA, 31401

  Registry ID: 110002082353

Statutes cited

• RCRA 3008H — Interim Status Corrective Action Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• TRONOX, INC. / ANADARKO (FORMERLY KERR-MCGEE CHEMICAL, LLC) (NATIONAL CASE) (04-2015-C006)entered 2014-11-10

  Primary law: CERCLA

Timeline (5 milestones)

• 2009-06-09Enforcement Action Data Entered
• 2009-08-11Referred To Dept Of Justice
• 2009-08-12Complaint Filed With Court
• 2014-11-10Final Order Entered
• 2014-11-10Final Order Lodged