EPA v. ARAUCO NORTH AMERICA, INC.

Case summary

FIFRA NOW: 11/29/2024 ARAUCO NORTH AMERICA, INC. Notice of Warning for Non-filing of Pesticide Reports Docket No.: FIFRA-04-2024-3795 The U.S. Environmental Protection Agency (EPA) has obtained evidence indicating that Arauco 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 Arauco 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: 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 Arauco 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. We recommend that you file annual reports on or before March 1 of each year in order to comply with Section 7(c) of FIFRA and 40 C.F.R. ? 167.85(d). Please be advised that failure to comply with this reporting requirement in the future may result in the EPA initiating a more formal enforcement action which could include the assessment of a civil penalty.

Defendants (1)

• ARAUCO NORTH AMERICA, INC.Named in settlement

Facilities (2)

• ARAUCO NORTH AMERICA, INC.

  157, GVK DRIVE, BISCOE, NC, 27209-9669

  Registry ID: 110000576859

• ARAUCO NORTH AMERICA, INC.

  157, GVK DRIVE, BISCOE, NC, 27209-9669

  Registry ID: 110000576859

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• ARAUCO NORTH AMERICA, INC.entered 2024-11-29

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-11-29Enforcement Action Closed
• 2024-11-29Final Order Issued
• 2024-12-10Enforcement Action Data Entered