IN R4, THERE ARE 2 CERCLA SITES AND 1 MULTI-MEDIA SITE AT WHICH TRONOX, INC., OR 1 OF ITS SUBSIDIARIES, IS A RESPONSIBLE PARTY. TRONOX WAS CREATED AS A RESULT OF A SPIN-OFF BY KERR-MCGEE CORP. THE FORMER OPERATOR AT THE TWO CERCLA SITE WAS KERR-MCGEE CHEMICAL LLC, A FORMER SUBSIDIARY OF KERR-MCGEE CORP. ON JAN 12, 2009, TRONOX FILED FOR CHAPTER 11 BANKRUPTCY PROTECTION, THEREBY HALTING THE REMEDIAL WORK AT THE 2 CERCLA SITE AND UNDERMINING EPA'S OPPORTUNITY FOR A FULL RECOVERY OF RESPONSE COSTS AT ALL OF TRONOX'S R4 SITES. IN FEB 2009, EPA R2 SUBMITTED TO DOJ A REFERRAL REQUESTING THAT DOJ FILE A CLAIM PURSUANT TO THE FEDERAL DEBT COLLECTION PROCEDURES ACT (FDCPA) AGAINST TRONOX, KERR-MCGEE, AND ANADARKO, THE CURRENT PARENT COMPANY OF KERR-MCGEE. EPA R2 ALLEGED THAT KERR-MCGEE'S SPIN-OFF OF TRONOX WAS FRAUDULENT AND COMPLETED FOR PURPOSES OF AVOIDING KERR-MCGEE'S HISOTRICAL ENVIRONMENTAL LIABILITIES. R4'S INSTANT REFERRAL IS A LETTER REFERRAL REQUESTING INCLUSION IN ANY FDCPA CLAIM BROUGHT ON EPA'S BEHALF.
THERE ARE 6 DEFENDANTS: (1) TRONOX, INC.; (2) TRONOX WORLDWIDE LLC; (3) TRONOX LLC; (4) KERR-MCGEE CORP.; (5) KERR-MCGEE WORLDWIDE CORP; AND ANADARKO PETROLEUM.
EPA R4 IS REQUESTING A JUDGMENT DECLARING CERTAIN TRANSFERS FRAUDULENT AS TO DEBTS TO THE U.S., A JUDGMENT VOIDING THOSE TRANSFERS TO THE EXTENT NECESSARY TO SATISFY ANY DEBT TO THE U.S., AND A JUDGMENT GRANTING ANY OTHER REMEDIES UNDER THE FDCPA.
KERR-MCGEE AND TRONOX CURRENTLY OR PREVIOUSLY OWNED AND/OR