EPA v. TRONOX BANKRUPTCY (CERCLA) (NATIONAL CASE) (LEAD)

Case summary

Settlement lodged on 4/3/2014 to put the stipulations laid out in the 2011 Bankruptcy into place. The Tronox reorganization and bankruptcy settlement became effective February 14, 2011 as the U.S. Bankruptcy Court for the Southern District of New York, approved six Environmental Response Trust Agreements (including the West Chicago Trust) and the Anadarko Litigation Trust Agreement (Litigation Trust) described in the consent decree and bankruptcy settlement agreement approved by the Court on January 26, 2011 (Settlement Agreement). Under the Settlement Agreement, Tronox provided: (1) $270 million in cash; (2) certain assets in Nevada; (3) more than $50 million worth of insurance and financial assurance assets; and (4) 88% of Tronox's interest in the Anadarko Litigation to environmental and tort claimants. The West Chicago Trust will fund the remaining cleanup of the Kerr-McGee West Chicago NPL sites in West Chicago and DuPage County, Illinois. The Settlement Agreement also partially funds several EPA special accounts for continuing cleanups at the Region 5 Lindsay Light, Moss-American and Toledo Tie CERCLA sites. In addition, EPA is the primary governmental beneficiary of the Litigation Trust that is pursuing Tronox?s fraud claims against Anadarko. Other federal agencies, states, tribes, and tort litigants are also beneficiaries of the Litigation Trust.

Defendants (1)

• TRONOX INCORPORATEDNamed in complaintNamed in settlement

Facilities (7)

• MOSS-AMERICAN CO., INC. (KERR-MCGEE OIL CO.)

  8716 N GRANVILLE ROAD, MILWAUKEE, WI, 53224-2310

  Registry ID: 110009319674

• KERR-MCGEE (REED-KEPPLER PARK)

  NEAR JCT OF YALE & NATIONAL, WEST CHICAGO, IL, 60185

  Registry ID: 110009283729

• KERR-MCGEE (KRESS CREEK/WEST BRANCH OF DUPAGE RIVER)

  ALONG RR TRKS S OF ROOSEVELT R, WEST CHICAGO, IL, 60185

  Registry ID: 110060548803

• TOLEDO TIE TREATMENT PLANT

  ARCO INC. PARK S., FRENCHMAN'S RD., TOLEDO, OH, 43607

  Registry ID: 110009343139

• KERR-MCGEE (SEWAGE TREATMENT PLANT)

  59TH ST & ROOSEVELT RD, WEST CHICAGO, IL, 60185

  Registry ID: 110071102049

• LINDSAY LIGHT II

  316 EAST ILLINOIS, CHICAGO, IL, 60611

  Registry ID: 110009280045

• KERR-MCGEE (RESIDENTIAL AREAS)

  ADJACENT TO PLT AT 258 ANN STREET, WEST CHICAGO, IL, 60185

  Registry ID: 110009283738

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery
• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (3)

• TRONOX BANKRUPTCY (NATIONAL CASE) (LEAD)entered 2010-05-20

  Primary law: CERCLA

• TRONOX BANKRUPTCY (CERCLA) (NATIONAL CASE) (LEAD)entered 2014-11-10

  Primary law: CERCLA

• TRONOX BANKRUPTCY (KERR, LINDSAY, MOSS, TOLEDO) (NC) (LEAD)entered 2011-02-14

  Primary law: CERCLA

Timeline (6 milestones)

• 2009-02-18Referred To Headquarters
• 2009-08-11Referred To Dept Of Justice
• 2009-08-12Complaint Filed With Court
• 2009-09-16Enforcement Action Data Entered
• 2014-04-03Final Order Lodged
• 2014-11-10Final Order Entered