EPA v. Nalco Company LLC

Case summary

FIFRA NOTICE OF WARNING: 9/24/2024 Nalco Company LLC dba Nalco Water, an Ecolab Company FIFRA Notice of Warning Case File No. FIFRA-04-2024-3819 Dear Calvin Cummings, Sr.: The U.S. Environmental Protection Agency has obtained evidence indicating that Nalco Company, LLC, an Ecolab Company, (hereinafter Nalco) appears to be in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On February 21, 2024, an authorized representative of the EPA conducted an inspection at Nalco (EPA Est. No. 1706-AL-1) located at 4400 Alatex Road, Montgomery, Alabama 36108. Nalco offers various pesticides for industrial water treatment. The inspector collected copies of the label for Nalco? 60620 (EPA Reg. No. 1706-240), as well as records showing the product was sold and distributed on twelve or more occasions between January and February 2024. The EPA compared the product label collected for Nalco? 60620 (EPA Reg. No. 1706-240) with the most recent (March 15, 2018) EPA-approved label for Nalco? 60620 (EPA Reg. No. 1706-240), and documented the following differences in the Directions for Use sections: ? The collected product label included the language, ?The products are blended to achieve a minimum molar ratio of 0.5-1.0 ammonium sulfate to sodium hypochlorite (12.5%). The chloramine is typically achieved by mixing 0.6 gallons of Nalco? 60620 with 1.0 gallon of sodium hypochlorite (12.5%).? However, the EPA-approved label for Nalco? 60620 (EPA Reg. No. 1706-240) stated, ?The products are blended to achieve a molar ratio of 0.5-1.2 ammonium sulfate to 1.0 sodium hypochlorite (12.5%). The monochloramine is typically achieved by mixing 0.8 gallons of Nalco 60620 with 1.0 gallon of sodium hypochlorite (12.5%).?

Defendants (1)

• Sr. Nalco Company LLCNamed in settlement

Facilities (1)

• NALCO COMPANY LLC

  4400 ALATEX ROAD, MONTGOMERY, AL, 36108-6806

  Registry ID: 110006548584

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• Nalco Company LLCentered 2024-09-24

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-09-24Final Order Issued
• 2024-09-24Enforcement Action Closed
• 2024-10-01Enforcement Action Data Entered