EPA v. ECOLAB INC

Case summary

EPA Region 10 filed a consent agreement and final order resolving violations of the Resource Conservation and Recovery Act (RCRA) and the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) by EcoLab, Inc. (EcoLab), in Tacoma, Washington. On or about March 19, 2019, an EcoLab employee removed approximately 177.5 pounds of Spent Weevil-Cide from a shipping vessel in Longview, Washington. This partially spent Weevil-Cide was placed in two dry deactivation containers at EcoLab?s Tacoma Facility. On March 19, 2019, the Tacoma Fire Department responded to a fire incident associated with the two dry deactivation containers. In addition, both Ecology and EPA responded to the emergency fire incident because of the release of hazardous substance to the environment. According to Ecology?s spill response report, the partially spent Weevil-Cide reacted with water in the air to produce hydrogen phosphide (phosphine) gas, which ignited spontaneously. The reaction produced significant levels of phosphine that warranted the evacuation of the EcoLab facility and a shelter-in-place of the nearby facility. A person working nearby was taken to the hospital due to inhalation exposure to phosphine during the fire incident. EcoLab violated the hazardous waste management requirements of RCRA by failing to obtain an EPA transporter ID number; receiving dangerous waste from offsite generators without a permit; and storing and/or treating dangerous waste without a permit. EcoLab violated FIFRA by collecting partially spent aluminum phosphide dust in large drums where confinement of gas vapors occurred; piling multiple cloth bags/socks of partially spent aluminum phosphide together; and allowing the buildup of phosphine to exceed explosive concentrations. EcoLab agreed to pay a total penalty of $214,407: $180,00 for RCRA claims and $34,407 for FIFRA claims.

Defendants (1)

• ECOLAB, INCNamed in complaintNamed in settlement

Facilities (1)

• ECOLAB INC.

  401 E ALEXANDER AVE - NON NOTIF, TACOMA, WA, 98421

  Registry ID: 110071077884

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3010 — Notification of Hazardous Waste Activity
• RCRA 3003 — Standards Applicable to Transporters of Hazardous Waste

Enforcement conclusions (1)

• ECOLAB INCentered 2021-09-01

  Primary law: RCRA

  Federal penalty: $180,000

Timeline (3 milestones)

• 2021-08-12Enforcement Action Data Entered
• 2021-09-01Complaint Filed/Proposed Order
• 2021-09-01Final Order Issued