EPA v. DREXEL CHEMICAL COMPANY

Case summary

11/17/2024 - FIFRA NOTICE OF WARNING ISSUED. THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) HAS OBTAINED EVIDENCE INDICATING THAT DREXEL CHEMICAL COMPANY APPEARS TO HAVE VIOLATED REQUIREMENTS OF THE FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT (FIFRA). PURSUANT TO SECTION 7(C) OF FIFRA, 7_U.S.C._?_136E(C), AND REGULATIONS PROMULGATED THEREUNDER AT 40 C.F.R. ? 167.85(D), A PESTICIDE PRODUCER OPERATING AN ESTABLISHMENT MUST SUBMIT AN INITIAL REPORT NO LATER THAN 30 DAYS AFTER THE FIRST REGISTRATION OF EACH ESTABLISHMENT THE PRODUCER OPERATES. THEREAFTER, THE PRODUCER MUST SUBMIT AN ANNUAL REPORT ON OR BEFORE MARCH 1 OF EACH YEAR, EVEN IF THE PRODUCER HAS PRODUCED NO PESTICIDAL PRODUCT FOR THAT REPORTING YEAR. PURSUANT TO SECTION 12(A)(2)(L) OF FIFRA, 7_U.S.C._?_136J(A)(2)(L), IT SHALL BE UNLAWFUL FOR ANY PERSON WHO IS A PRODUCER TO VIOLATE ANY OF THE PROVISIONS OF SECTION 7 OF FIFRA. THE EVIDENCE OBTAINED BY THE EPA INDICATES THAT DREXEL CHEMICAL COMPANY HAS FAILED TO FILE, ONE OR MORE ANNUAL PESTICIDE REPORTS FOR PESTICIDE-PRODUCING AND DEVICE-PRODUCING ESTABLISHMENTS (EPA FORM 3540-16) FOR ONE OR MORE YEARS AND ESTABLISHMENTS. THE ANNUAL REPORTS IDENTIFIED AS MISSING ARE AS FOLLOWS: EPA ESTABLISHMENT NO: 19713-TN-5; REPORTING YEARS: 2023. IN RESPONSE TO THE APPARENT VIOLATION OF SECTION 7(C) OF FIFRA AND 40 C.F.R. ? 167.85(D), THE EPA IS ISSUING THIS NOTICE OF WARNING (NOW) TO DREXEL CHEMICAL COMPANY PURSUANT TO FIFRA SECTION 9(C)(3), 7 U.S.C._?_136G(C)(3). THE EPA HAS DETERMINED, AT THIS TIME, THAT A NOW IS THE APPROPRIATE ENFORCEMENT RESPONSE FOR YOUR COMPANY?S APPARENT VIOLATION OF FIFRA.

Defendants (1)

• DREXEL CHEMICAL COMPANYNamed in settlement

Facilities (1)

• DREXEL CHEMICAL CO

  2454 CHANNEL AVE, MEMPHIS, TN, 38106

  Registry ID: 110038268166

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• DREXEL CHEMICAL COMPANYentered 2024-11-27

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-11-27Enforcement Action Closed
• 2024-11-27Final Order Issued
• 2025-01-14Enforcement Action Data Entered