EPA v. Kennecott Utah Copper LLC NOW

Case summary

On December 14, 2017, an inspector for the U.S. Environmental Protection Agency conducted an inspection at the Kennecott offices located in South Jordon, Utah to determine compliance with FIFRA. Kennecott produces an EPA registered pesticide, Sulfuric Acid Desiccant, EPA Reg. No. 57559-1, and distributes this product as a potato vine desiccant to multiple facilities. The EPA?s Pesticide Registration Notice (PR Notice) 2007-4 directs pesticide manufacturers to update their labels to comply with 40 C.F.R. part 156 established by Final Rule Pesticide Management and Disposal; Standards for Pesticide Containers and Containment (71 FR 47330, August 16, 2006). As specified in the final rule, all pesticide products distributed or sold by a registrant must have labels that comply with the new requirements (40 C.F.R. ? 156.159) by August 16, 2011. The label for Sulfuric Acid Desiccant, EPA Reg. No. 57559-1, was last approved by the EPA on September 27, 2006. The 2006 label does not contain any of the required language directed by PR Notice 2007-4. Kennecott has been selling or distributing a pesticide that is misbranded in that the label did not contain required directions as of August 16, 2011. Additionally, 40 C.F.R. ? 165.67(f)(1) directs the registrant to develop a refilling residue removal procedure that describes how to remove pesticide residue from a refillable container. Also 40 C.F.R. ? 165.67(f)(2) directs the registrant to develop a description of acceptable refillable containers that can be used for distributing or selling that pesticide product. The repackaging agreements provided during the inspection do not contain a refilling residue removal procedure or a description of acceptable refillable containers.

Defendants (1)

• Kennecott Utah Copper LLCNamed in complaintNamed in settlement

Facilities (2)

• KENNECOTT UTAH COPPER LLC

  4700 DAYBREAK PKWY, SOUTH JORDAN, UT, 84095

  Registry ID: 110055257591

• KENNECOTT UTAH COPPER LLC

  4700 DAYBREAK PKWY, SOUTH JORDAN, UT, 84095

  Registry ID: 110055257591

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• Kennecott Utah Copper LLC NOWentered 2018-02-08

  Primary law: FIFRA

Timeline (3 milestones)

• 2018-02-08Final Order Issued
• 2018-04-26Enforcement Action Data Entered
• 2019-09-12Enforcement Action Closed