EPA v. OCI CHEMICAL CORPORATION

Case summary

11/21/2024 - NOTICE OF WARNING ISSUED. THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) HAS OBTAINED EVIDENCE INDICATING THAT OCI CHEMICAL CORPORATION 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 OCI CHEMICAL CORPORATION 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 NUMBER: 84663-AL-1; 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 OCI CHEMICAL CORPORATION 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)

• OCI CHEMICAL CORPORATIONNamed in settlement

Facilities (4)

• OCI ALABAMA LLC

  1455 RED HAT ROAD, DECATUR, AL, 35601-7588

  Registry ID: 110012168572

• OCI ALABAMA LLC

  1455 RED HAT ROAD, DECATUR, AL, 35601-7588

  Registry ID: 110012168572

• OCI ALABAMA LLC

  1455 RED HAT ROAD, DECATUR, AL, 35601-7588

  Registry ID: 110012168572

• OCI ALABAMA LLC

  1455 RED HAT ROAD, DECATUR, AL, 35601-7588

  Registry ID: 110012168572

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• OCI CHEMICAL CORPORATIONentered 2024-11-21

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-11-21Enforcement Action Closed
• 2024-11-21Final Order Issued
• 2024-12-05Enforcement Action Data Entered