EPA v. TRONOX (fka KERR MCGEE CHEMICAL, LLC) (NATIONAL CASE) (BNK)

Case summary

IN REGION 4, THERE ARE 3 CERCLA SITES AND ONE MULTI-MEDIA SITE AT WHICH TRONOX, INC., OR ONE 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 TWO CERCLA SITES AND UNDERMINING EPA'S OPPORTUNITY FOR A FULL RECOVERY OF RESPONSE COSTS AT ALL OF TRONOX'S REGION 4 SITES. THERE ARE THREE DEFENDANTS: (1) TRONOX, INC., (2) TRONOX LLC; AND (3) TRONOX PIGMENTS (SAVANNAH), INC. EPA REGION 4 IS REQUESTING THAT DOJ FILE A PROOF OF CLAIM IN THE TRONOX BANKRUPTCY. 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. 2/14/11 - EPA, DOJ AND THE U.S. ATTORNEY'S OFFICE FOR THE SOUTHERN DISTRICT OF NY TODAY ANNOUNCED THAT TRONOX INC. HAS AGREED TO RESOLVE ITS ENVIRONMENTAL LIABILITIES WITH EPA, OTHER FEDERAL, STATE, AND LOCAL AGENCIES, AND THE NAVAJO NATION (COLLECTIVELY, THE GOVERNMENTS ) RELATING TO NUMEROUS CONTAMINATED SITES AROUND THE COUNTRY. PURSUANT TO THE SETTLEMENT AGREEMENT, THE GOVERNMENTS WILL RECEIVE, AMONG OTHER CONSIDERATION, $270 MILLION AND 88 PERCENT OF TRONOX'S INTEREST IN A PENDING FRAUDULENT CONVEYANE LITIGATION. THE SETTLEMENT AGMT ADDRESSES EPA'S CLAIMS IN TRONOX'S BANKRUPTCY CASE RELATING TO LIABLIITIES UNDER: - CERCLA - RCRA - CAA; AND - CWA. THE BANKRUPTCY SETTLEMENT WILL REIMBURSE EPA FOR PAST CLEANUP COSTS AND WILL FUND FUTURE CLEANUP COSTS AT CONTAMINATED SITES ACROSS THE COUNTRY.

Defendants (3)

• TRONOX PIGMENTS (SAVANNAH), INC.Named in complaintNamed in settlement
• TRONOX INCORPORATEDNamed in complaintNamed in settlement
• TRONOX LLCNamed in complaintNamed in settlement

Facilities (4)

• GREENFIELD ENVIRONMENTAL MULTISTATE TRUST LLC

  1911 HIGHWAY 11, MERIDIAN, MS, 39307

  Registry ID: 110001102020

• KERR-MCGEE CHEMICAL CORPORATION

  2300 14TH AVE. N., COLUMBUS, MS, 39701

  Registry ID: 110000377627

• KERR-MCGEE CHEMICAL CORP - JACKSONVILLE

  1611 TALLEYRAND AVE, JACKSONVILLE, FL, 32206

  Registry ID: 110009274891

• KERR MCGEE CHEMICAL CORP SUPERFUND SITE-NAVASSA, NC

  NORTH NAVASSA ROAD, NAVASSA, NC, 28451

  Registry ID: 110009296662

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• TRONOX (fka KERR MCGEE CHEMICAL, LLC) (NATIONAL CASE) (04-2011-C006)entered 2011-02-14

  Primary law: CERCLA

  Federal penalty: $198,320

Timeline (6 milestones)

• 2009-07-10Referred To Dept Of Justice
• 2009-08-03Enforcement Action Data Entered
• 2009-08-12Complaint Filed With Court
• 2010-01-23Final Order Lodged
• 2011-02-14Final Order Entered
• 2011-02-14Concluded