From Boucher Michael

Sent Tuesday September 23 2008 417 PM GMT

To Edwards.Dennisepamail.epa.gov

Cc Shackleford.Bettyepamail epa.gov Noble.Velmaepa.gov

Ross.Philipepamail.epa.gov Boucher Michael mbouchermckennalong com

Subject Buckman Laboratories Inc --Meeting request

Attach Amended petition.pdf

Dear Dennis

Following our electronic submission of the attached petition to EPA on September 2008 would like to respectfully renew

request on behalf of our client Buckman Laboratories Inc Buckman for face-to-face meeting at OPP in Arlington with you Phil

Ross and your colleagues in the Antimicrobial Division to discuss the substance of Buckmans petition In August following my

initial meeting request understood that you were looking for possible meeting dates and would be responding to me with

suggestions but never heard anything further from you with respect to meeting Now that there is something concrete and detailed

to discuss namely the attached petition am hoping that you will be able to suggest date or dates to meet with me and

representatives of Buckman to discuss the serious problems associated with the ongoing distribution and sale of unregistered ammonia

for water treatment thank you for your kind consideration of this meeting request and look forward to reply at your convenience

Thank you Dennis

Sincerely

Michael Boucher

Counsel to Buckman Laboratories Inc

McKENNA LONG ALDRIDGE LLP Attorneys at Law

Michael Boucher

Tel 202 496-7729

Fax 202 496-7756

Cell 202 306-1645

mboucher@mckennalong.com

1900 Street NW Suite 100

Washington D.C 20006-1102

United States of America

Tel 202 496-7500

http//www.mckennalong.com

ALBANY ATLANTA BRUSSELS DENVER LOS ANGELES NEW YORK PHILADELPHIA SAN DIEGO

SAN FRANCISCO WASHINGTON D.C

Original Message

From Boucher Michael

Sent Tuesday September 02 2008 431 PM

To Edwards.Dennis@epamail.epa.gov

Cc Sanders.Frank@epamail.epa.gov Shackleford.Betty@epamail.epa.gov Noble Velma@epa.gov

Ross.Philip@epamail.epa.gov Boucher Michael

Subject RE Petition on behalf of Buckman Laboratories Inc
Dear Dennis

Attached is slightly amended version of Buckmans petition added missing citation on page and fixed one typographical error

on page 13 look forward to discussing with you what EPA can do to resolve the outstanding registration issues surrounding

ammonia for water treatment Thank you

Michael Boucher

Counsel to Buckman Laboratories Inc

Michael Boucher

McKenna Long Aldridge LLP

1900 Street NW Suite 100

Washington DC 20006-1110

202 496-7729 -7756 fax

e-mail mbouchermckennalong.com

Original Message

From Boucher Michael

Sent Tuesday September 02 2008 221 PM

To Edwards.Dennisepamail.epa.gov

Cc Sanders.Frankepamail.epa.gov Shackleford.Bettyepamail.epa gov Noble Velmaepa.gov Ross.Philipepamail.epa.gov

Boucher Michael

Subject Petition on behalf of Buckman Laboratories Inc

Dear Dennis

Attached is petition that we are filing on behalf of our client Buckman Laboratories Inc under section 553e of the Administrative

Procedures Act U.S.C 553e The petition requests that EPA immediately prohibit any further distribution or sale of

unregistered ammonia for water treatment

Thank you for your consideration of Buckmans petition We will telephone you to learn how EPA will handle and process the

petition

Sincerely

Michael Boucher

Counsel to Buckman Laboratories Inc

Michael Boucher

McKenna Long Aldridge LLP

1900 Street NW Suite 100

Washington DC 20006-1110

202 496-7729 -7756 fax

e-mail mbouchermckennalong.com

Original Message

From Edwards.Dennisepamail.epa.gov Edwards.Dennis@epamail epa gov

Sent Thursday July 10 2008 510 PM

To Boucher Michael

Cc Sanders.Frankepamail.epa.gov Shackleford.Bettyepamail.epa gov Noble Velma@epa.gov Ross.Philipepamail.epa.gov
SGo1dbergsteptoe corn

Subject Petition to Cancel Registration of BusanR 1215 EPA Reg No 1448-433

Dear Mr Boucher

On June 25 2008 you sent letter to the Agency concerning petition filed on behalf of NALCO concerning the Agencys approval

of your client Buckman Laboratories Inc.s applications for registration of two arnrnonia products as pesticides NALCO in its

petition has asked the Agency to reconsider its approval of those registrations and has raised questions about the status of arnrnonia

products as pesticides when used in cornbination with chlorine treated water In your letter arnong other things you have asked for

copy of the petition as well as any correspondence between the Agency and NALCO concerning its petition

You also asked for copy of an interirn response that the Agency sent to NALCO after receiving its petition This ernail responds to

those requests for docurnents only and is not addressing at this tirne any other staternents or requests that you have included in your

letter

In filling your request we are providing you with the docurnents which constitute the petition and support docurnents as well as

subsequent correspondence between the Agency and NALCO concerning sorne questions the Agency has had as of this point about

NALCOs petition and support docurnents We are also providing you with copy of the Agencys interirn response to NALCO which

you specifically asked about in your letter Additionally since we are sending copy of this ernail and the attachrnents to counsel for

NALCO we are including your letter to Frank Sanders dated June 25 2008 as well as sorne ernail exchanges between you

and Agency counsel on this rnatter Please note that we are not

including ernail exchanges that Agency staff had with NALCO counsels firm which pertained only to the need for review of various

docurnents for confidential business information and subsequent redactions The docurnents you are being provided have been

reviewed and redacted as appropriate to rernove any confidential business information The following docurnents are being provided

to you

Decernber 2007 ernail frorn Seth Goldberg to Debbie Edwards It is

contained in the file narned 12-4-07 ernail to EPA.Redacted

See attached file 12-4-2008 ernail to EPA.Redacted.pdf

Decernber 2007 request frorn NALCO to reconsider It is contained

in the file narned Redacted Request to Reconsider Arnrnonia Registration

See attached file Redacted Request to Reconsider Arnrnonia

Registration.pdf

October 31 2007 ernail frorn Seth Goldberg to Debbie Edwards It is

contained in the file narned 10-31-07 ernail redacted

See attached file 10-31-07 ernail redacted.PDF

An attachrnent to the October 31 2007 ernail frorn Seth Goldberg

concerning arnrnonia It is contained in the file narned Arnrnonia Cornpound Briefing Paper REDACTED

See attached file Arnrnonia Cornpound Briefing Paper REDACTED.PDF

product label for 1448-432 MUP that was attached to the October

31 2007 Goldberg ernail It is contained in the file narned 1448-432 MUP
See attached file 1448-432 MUP.pdf

product label for 1448-43 EP that was attached to the October

31 2007 Goldberg email It is contained in the file named 1448-433 EP

See attached file 1448-43 EP.pdf

The Agencys interim response to NALCO dated February 2008

concerning its petition It is contained in the file named NALCO resp

ltr 2.7.08

See attached file Nalco resp ltr 2.7.08.pdf

Email correspondence from Brown with Steptoe which is NALCOs

counsel dated June 26 2008 It is contained in the file named Brown

Steptoe to Holmes email 6-26-2008

See attached file Brown Steptoe to Holmes email 6-26-2008.pdf

Email exchanges involving Brown Steptoe and Holmes They are

contained in the file named Email to Brown and 7-7-2008 reply

See attached file Email to Brown and 7-7-2008 reply.pdf

10 July 2008 Ammonia Supplemental Information provided to the Agency by Brown Steptoe It is contained in the file named

7-7-2008 Ammonia

supplemental information

See attached file 7-7-2008 Ammonia supplemental information.pdf

11 Email exchanges between Ross Agency counsel in this matter and Boucher counsel for Buckman Laboratories Inc. They are

contained in the file named Ross-Boucher-email-exchanges-ammonia

See attached file Ross-Boucher-email-exchanges-ammonia.pdf

12 Boucher letter to Frank Sanders dated June 25 2008 It is contained in the file named Letter to EPA re petition to cancel Busan

1215

See attached file Letter to EPA repetition to cancel Busan 1215.pdf

Should you have any questions please direct them in writing to me with copy to Philip Ross in our Office of General Counsel

You should also provide copy of any correspondence pertaining to this matter to counsel for NALCO

Sincerely

Dennis Edwards Chief

Regulatory Management Branch

Antimicrobials Division

703 -308-8087
BUCKMAN LABORATORIES INC.S REPLY TO NALCO COMPANYS DEC 2007

REOUEST THAT EPA RECONSIDER ITS REGISTRATION FOR AMMONIA

PRODUCTS AS PRECURSORS TO CHLORAMINE USED IN WATER TREATMENT

AND

BUCKMAN LABORATORIES INC.S REOUEST THAT EPA IMMEDIATELY

PROHIBIT FURTHER DISTRIBUTION AND SALE OF UNREGISTERED AMMONIA

FOR WATER TREATMENT

Michael Boucher

MCKENNA LONG ALDRIDGE LLP

1900 Street NW

Washington D.C 20006

202 496-7729

Counsel to

Buckrnan Laboratories Inc

September 2008
TABLE OF CONTENTS

Page

Overview

II Both Nalco and Buckman sell ammonia for use in proprietary systems in which

ammonia and sodium hypochlorite react to form MCA which is the active

ingredient supplied by each system for water treatment

III Registration of ammonia is necessary because MCA is too unstable to exist as

marketable commodity no EPA-approved sodium hypochlorite label has

instructions for use with ammonia to safely produce MCA and the continued use

of unregistered ammonia to produce MCA presents unnecessary and potentially

unreasonable risks to human health and the environment

IV Ammonia does not sequester or release chlorine and is not an adjuvant

ammonia does react with sodium hypochlorite to produce an entirely new active

ingredient MCA which has distinct properties from hypochlorous acid

EPA should promptly deny Nalcos Petition to revoke Buckmans ammonia

registrations because the Agency has properly registered Buckmans ammonia as

precursor of MCA for water treatment 11

VI EPA should immediately prohibit further distribution and sale of unregistered

ammonia for water treatment because the continued sale of unregistered

ammonia to the same customers for and for the same uses as Buckmans

registered ammonia presents unnecessary and potentially unreasonable risks to

human health and the environment contradicts and undermines the Agencys

proper registration of Buckman ammonia and unfairly damages the commercial

value of Buckmans registrations 12

VII Conclusion 14

EXHIBIT Food additive petition of the Zentox Corporation to provide for the safe

use of MCA as an antimicrobial agent in poultry process chiller water

EXHIBIT Label of Nalcon 60620

EXHIBIT Nalco Company proposal for OxiPRO microbiological control program

EXHIBIT Nalco Company slide presentation PM Biocide Trial Operator

Overview

EXHIBIT EPA-registered label of Busan 1215

EXHIBIT Photograph of Busan 1215 Feed System

EXHIBIT Line drawing of Busan 1215 Feed System
TABLE OF CONTENTS

continued

EXHIBIT Process diagram of Busan 1215 Feed System

EXHIBIT In the Matter of South Coast Chemical Inc E.A.D 139 145 1986

EXHIBIT EPA-registered labels of Nalco Companys sodium hypochlorite products

EXHIBIT EPA-registered label of Sunny Sol 150

EXHIBIT February 2008 letter from Frank Sanders to Seth Goldberg

11
Overview

Nalco Companys hereinafter Nalcos December 2007 Request That EPA

Reconsider Its Registration for Ammonia Products as Precursors to Chloramine Used in Water

Treatment and Provide Assurance That There Is No Risk of Enforcement during the

Reconsideration and Any Necessary Transition Period hereinafter Nalcos Petition is

tirade against EPAs registrations of BCMW EPA Reg No 1448-432 and Busan 1215 EPA

Reg No 1448-433 Buckman Laboratories Inc.s hereinafter Buckmans manufacturinguse and end-use ammonia products respectively The violence of Nalcos protest tacitly

acknowledges Nalcos need to register its own current end-use ammonia product Nalcon 60620

because Nalcon 60620 and Busan 1215 essentially have the same composition are used by the

same industrial users in the same manner for water disinfection and are considered

interchangeable products in the marketplace Nalco Petition ignores the unknown and

potentially unreasonable risks presented by the ongoing use of unregistered ammonia to produce

monochloramine hereinafter MCA including human health risks from unapproved residues

of MCA in paper used for food packaging and toxicity to aquatic organisms from MCA residues

in industrial waste water Not surprisingly Nalco also ignores the significant and ongoing

damage being done unfairly to the commercial value of Buckman ammonia registrations and

to Buckmans ability to recoup its investment in such registrations by Nalcos ongoing sale of

unregistered ammonia with EPAs temporary permission which has lengthened to seven

months with no end in sight

Coincidentally we have obtained pre-publication Federal Register notice attached hereto as Exhibit which

reports that Zentox Corporation has petitioned the Food and Drug Administration to use MCA as food additive

specifically as an antimicrobial agent in poultry process chiller water emphasis added even though EPA has not

registered MCA or ammonia for any such use This food additive petition underscores the urgent need for EPA to

publicly affirm its jurisdiction over MCA specifically to prohibit the further distribution and sale of unregistered

ammonia for any water treatment use including poultry processing
To justify the status quo Nalco offers series of increasingly erratic and unfocused

arguments Initially Nalco alleges that ammonia cannot be registered because it is not an active

ingredient Nalcos Petition at 6-7 but later flip-flops and acknowledges that in fact EPA can

register precursor of an active ingredient where registration of the active ingredient itself is not

practical Nalcos Petition at exactly as EPA has done with BCMW and Busan 1215

because the registration of MCA itself for water treatment is impractical Then Nalco agrees

that combining ammonia and sodium hypochlorite produces MCA Nalcos Petition at in

chemical reaction known since the early 1900s but alleges that MCA is not an active ingredient

that is separate from chlorine hypochlorous acid Nalcos Petition at 8-9 11 even though

the production of MCA is reaction that is not considered reversible i.e once formed MCA

does not readily break down into or otherwise produce ammonia and hypochlorous

acid/hypochlorite ions and despite that EPA and industry recognize MCA as distinct active

ingredient with valuable properties that are different from those of hypochlorous acid Nalco

also plays variations on the foregoing theme specifically that ammonia sequesters and

releases chlorine by novel chemical process that Nalco never explains Nalcos Petition at

6-7 11-12 and that ammonia is only an adjuvant used with chlorine and thus requires no

registration Nalcos Petition at 15 even though ammonia reacts completely with sodium

hypochlorite to form new active ingredient MCA and thus does not hold or release

hypochlorous acid and does not resemble any adjuvant

For the foregoing reasons as articulated and explained in this petition we respectfully

request pursuant to section 553e of the Administrative Procedures Act U.S.C 553e that

EPA deny Nalcos Petition and immediately prohibit further distribution and sale of unregistered

ammonia for water treatment Nalco has asked for time to register ammonia but neither needs

-2-
nor deserves any additional time Nalco has had notice of EPAs policy on the registration of

ammonia for water treatment since the Agencys registration of Buckmans ammonia products

on March 2007 Since then period of 18 months Nalco has found ample time to make

two lengthy and duplicative submissions and one responsive submission to EPA in order to

subvert the Agencys registration of Buckmans ammonia products Neither of Nalcos original

filings ever had likelihood much less certainty of persuading EPA to revoke its considered

registrations of ammonia which Nalco knew at the time of its filings Indeed as recently as

July 15 2008 the Agency amended Buckmans registration of Busan 1215 to add new use

industrial water systems which suggests no intent by EPA to grant either of Nalco original

requests to revoke Buckmans ammonia registrations Accordingly in addition to filing petitions

with EPA Nalco also should have filed or at minimum prepared itself fully to file an

application to register ammonia sometime during the past 18 months If as it appears Nalco has

chosen instead to focus wholly on speculative petition effort intended to manipulate EPA into

allowing Nalco to remain on the market without an ammonia registration and thereby to

continue to compete with Buckman unfairly and specifically to erode its customer base the

Agency should not now reward Nalco for its gamesmanship with any additional time to register

ammonia

In preparing this petition on behalf of Buckman we consulted with scientists and

regulatory consultants at Technology Sciences Group Inc namely Dr Robert Stewart Vice

President and Managing Director and Dr David Brookman Director of Environmental

Chemistry Drs Stewart and Brookman have reviewed and concur in our technical

representations in this petition

-3-
II Both Nalco and Buckman sell ammonia for use in proprietary systems in which

ammonia and sodium hypochlorite react to form MCA which is the active

intredient supplied by each system for water treatment

Use of either Nalcos or Buckmans end-use ammonia product as labeled generates the

same main active ingredient MCA monochloramine which is formed by chemical reaction

that occurs at the time of use The general reaction is as follows

Figure

base

HOCI0C1 NH3/NH4 NHCI NHCI Nd3

Hypoclorous acid Ammonia Monochioramine Dichioramine Nitrogen

hypochiorite ion ammonium ion trichioride

The reaction is normally terminated at the stage where MCA is formed but dichloramine and

nitrogen trichloride also may occur

The nominal active ingredient in Nalcos end-use ammonia product Nalcon 60620 is

ammonium sulfate and in Buckmans end-use ammonia product Busan 1215 is ammonia

total which derives from an aqueous mixture of ammonia and ammonium sulfate Therefore

both products provide ammonia or ammonium ions in the reaction shown in Figure above and

both lead to the in-situ generation of one or more chloramines

According to its label attached hereto as Exhibit Nalcon 60620 is an unregistered

formulation consisting of 20% ammonium sulfate and 80% constituents ineffective as spray

adjuvants presumably water Nalco sells Nalcon 60620 as part of its OxiPROTM Deposit

Control Technology and specifically for use in Nalcos OxiPRO Feed System which is

illustrated and described in Nalco proposal and Nalco slide presentation attached hereto as

Exhibits and respectively Nalcos label for Nalcon 60620 and Nalcos materials on

the OxiPRO Feed System describe process in which Nalco technician adds Nalcon 60620 to

-4-
sodium hypochlorite in molar ratio between 11 and 21 at controlled temperature under

alkaline conditions to produce stabilized oxidant which Nalco does not identify but which is

MCA upon examination

Based upon the available information use of Nalcos OxiPRO Feed System involves the

following preparative steps

Aqueous sodium hypochlorite 12.5% is added to aqueous sodium hydroxide 50%

to produce an initial mixture of sodium hypochlorite sodium hydroxide and water pH

To this initial mixture aqueous ammonium sulfate 20% is added in molar ratio

between 11 and 21 to produce second mixture containing chloramines sodium sulfate

sodium chloride and water.2

The second mixture is diluted with additional water to produce lower concentration

of MCA presumably 10-12 parts per million hereinafter ppmmeasured as total chlorine

which is the target stated in Nalcos June 23 2008 slide presentation Ex at The diluted

mixture is promptly added to the customers process water at the desired points

According to its label attached hereto as Exhibit Busan 1215 is an EPA-registered

formulation EPA Reg No 1448-433 consisting of 7.59% ammonia and 92.4 1% inert

ingredients Buckman sells Busan 1215 as part of proprietary water disinfection system for

pulp and paper mills and industrial cooling systems mill specifically Buckmans Busan 1215

Feed System The Busan 1215 Feed System is illustrated in photograph line drawing and

process diagram attached hereto as Exhibits and respectively

Nalco process description does not permit estimation of the exact composition of the second mixture which may

contain dichioramine and possibly even nitrogen trichloride in addition to MCA

-5-
In the Busan 1215 Feed System Buckman technician adds 0.5 oz of Busan 1215 to

oz of sodium hypochlorite 15% wt/wt to produce MCA under conditions of controlled

temperature and pH Specifically use of the Busan 1215 Feed System involves the following

preparative steps

Aqueous ammonia pH is diluted with water Unlike the OxiPRO Feed System

the Busan 1215 Feed System does not require the addition of base such as sodium hydroxide

because basic conditions are maintained by the ammonia

The initial mixture is added to aqueous sodium hypochlorite 12.5% at minimum

32 molar ratio of sodium hypochlorite to ammonia to produce second mixture of MCA

sodium chloride and water

The second mixture is diluted with additional water to achieve concentration of 0.5

to ppm of MCA in excess of the system oxidant demand maximum of ppm measured as total

chlorine and the diluted mixture is promptly added to the customers process or cooling water

at the desired points

When Busan 1215 is used as directed in the Busan 1215 Feed Process the sodium

hypochlorite/hypochlorous acid is completely consumed and chloramines other than MCA do

not form readily For this reason MCA is the sole oxidant i.e active ingredient in solutions

prepared from Busan 1215

In sum careful examination of Nalcos OxiPRO Feed System and Buckmans Busan

1215 Feed System shows that in both systems ammonia and sodium hypochlorite react to

produce chloramines The Buckman system generates MCA and the Nalco system generates

MCA and possibly also other chloramines The basic chemistry underlying both processes is

familiar and has been known since the early 1900s U.S Envtl Protection Agency Office of

-6-
Water Alternative Disinfectants and Oxidants Guidance Manual April 1999 at 6-1 available

at http //www.epa gov/OGWDW/mdbp/alternative disinfectants guidance .pdf hereinafter

Oxidants Manual In its December 2007 petition Nalco does everything but explain in

accurate chemical terms how ammonia is used in Nalco and Buckman water treatment

systems Accordingly Nalcos avoidance of chemistry obscures the fact that MCA is the

pesticidal active ingredient that results from both Nalco and Buckmans use of ammonia for

water treatment

III Retistration of ammonia is necessary because MCA is too unstable to exist as

marketable commodity no EPA-approved sodium hypochlorite label has

instructions for use with ammonia to safely produce MCA and the continued use of

unretistered ammonia to produce MCA presents unnecessary and potentially

unreasonable risks to human health and the environment

Over period of day or so without any modification of pH or C12N ratio MCA will

degrade slowly to dichloramine specifically to ratio of 43% MCA to 57% dichloramine

which is itself unstable and also has an unpleasant taste and odor to humans Oxidants Manual at

6-2 to 6-3 For this reason it is impractical to bottle and sell MCA as commercial pesticide

product and we have been unable to find any EPA registration of MCA past or present Instead

since the 1930s the universal practice has been to generate MCA in situ i.e at the site of use

for use as water disinfectant Oxidants Manual at 6-1

In 1986 EPAs Environmental Appeals Board affirmed the Agencys authority to register

parent chemical or immediate precursor that does not itself have pesticidal properties but

produces pesticidal action at the site of application when the actual pesticide required to be

regulated under the Federal Insecticide Fungicide.. cannot exist as marketable commodity

and when the parent chemicallimmediate precursor is the only logical chemical through which

the use of the pesticide can be regulated In the Matter of South Coast Chemical Inc

E.A.D 139 145 1986 included as Exhibit hereto Under the foregoing rationale

-7-
ammonia should be registered despite its lack of pesticidal properties because ammonia

produces pesticidal action at the site of application i.e produces MCA at the use site because

MCA cannot exist as marketable commodity due to its instability and because ammonia is the

only logical chemical through which the use of MCA can be regulated

Nalco proposes in effect that the registration of sodium hypochlorite alone is sufficient

to regulate the use ofMCA but there is no EPA registration of sodium hypochlorite that

addresses use with ammonia to produce MCA Nalcos five sodium hypochlorite registrations

EPA Reg Nos 1706-171 -179 -238 -20001 -20002 attached hereto as Exhibit are silent

about any use with ammonia as is the registration of Sunny Sol 150 EPA Reg No 1744-

2000 attached hereto as Exhibit registered sodium hypochlorite product that Nalco

recommends for use with ammonia in Nalcos OxiPRO Feed System Thus maintaining the

status quo Nalco plan will not ensure that users of ammonia and sodium hypochlorite to

produce MCA will have appropriate labeling including warnings precautions and directions for

use that EPA has reviewed and approved to ensure the safe use of MCA as pesticide

theoretical alternative to the status quo is to amend all existing sodium hypochlorite

registrations either to prohibit use with ammonia or to specifically address such use to produce

MCA but this is an impractical solution because there are 211 registrants with 379 registrations

of sodium hypochlorite On the other hand ammonia has only one registrant Buckman and

only one end-use registration for Busan 1215 which is registered specifically for use with

sodium hypochlorite to produce MCA indeed ammonia currently has no other pesticidal use

Accordingly to regulate the use of MCA EPAs best and only practical option is to register

ammonia as precursor of MCA as the Agency has done in Buckmans case and now needs to

do in the case of Nalcon 60620 and all other unregistered ammonia for water treatment

-8-
EPA also needs to register ammonia to ensure that the use of MCA does not present

unreasonable adverse effects on the environment In the case of Busan 1215 for example EPA

required Buckman as condition of registration to obtain letter from the Food and Drug

Administration regarding whether MCA requires food additive tolerance under section 409 of

the Federal Food Drug and Cosmetic Act for any residues of MCA in paper used for food

packaging In addition MCA is toxic to aquatic organisms and Buckmans label includes

directions for use that limit the quantity of MCA added to the customers process or cooling

water to maximum of ppm measured as total chlorine and that tell users how to neutralize any

MCA detected in effluent In other words by registering Busan 1215 EPA was able to ensure

that the MCA produced with Busan 1215 was used safely specifically so as to prevent

unapproved residues in food packaging and aquatic toxicity from residues in effluent

Conversely EPA has not evaluated the use of any unregistered ammonia product to

produce MCA and has no assurances with respect to any residues of MCA in food packaging or

waste water Thus unnecessary and potentially adverse risks to human health and the

environment remain For example Nalcos OxiPRO Feed System releases 10-12 ppm ofMCA

measured as total chlorine to the customers process water which is more than twice the

concentration of MCA permitted by EPA on Buckmans end-use ammonia label Ex at

IV Ammonia does not seQuester or release chlorine and is not an adiuvant ammonia

does react with sodium hypochlorite to produce an entirely new active intredient

MCA which has distinct properties from hypochlorous acid

Nalco identifies chemical substances cyanuric acid diethanolamine disodium zinc

ethylene diamine tetracetate dehydrate ammonium carbamate and product types stabilizers

sequestrants synergists that allegedly perform similar functions as ammonia but are not

registered implying that EPA has acted irrationally in registering Busan 1215 Nalcos Petition

at 12-15 Nalcos reasoning is flawed and misleading however because ammonia is

-9-
precursor of MCA specifically reactant in its formation not an adjuvant Ammonia reacts

with sodium hypochlorite in water to form different chemical compound MCA and both the

ammonia and the sodium hypochlorite are consumed in the reaction Conversely the chemical

substances and products that Nalco identifies do not react to form different chemical compound

or compounds and remain chemically unchanged

Nalco perpetuates self-serving fiction that ammonia merely sequesters and later

releases chlorine hypochlorous acid Nalcos Petition at 6-7 11-12 Ex at Ex at

This characterization is false for several reasons First the use of Nalcos OxiPRO Feed System

unmistakably produces MCA which EPA recognizes as separate and distinct active ingredient

from chlorine Oxidants Manual at 2-30 6-1 Second chemical reaction takes place when

Nalcos ammonia product is used The reaction produces MCA and possibly other chloramines

Third the chemical reaction that produces MCA is not considered reversible In other words

once the chloramine or -amines have formed through chemical reaction they cannot break

down readily into or otherwise produce ammonia and hypochlorous acid/hypochlorite ions.3

Furthermore MCA and chlorine have different chemical and antimicrobial properties

and such differences favor MCA over chlorine in certain applications For example MCA is

increasingly used as secondary disinfectant in drinking water distribution systems because it

decays more slowly and produces substantially fewer disinfection byproducts than chlorine

Oxidants Manual at 6-10 6-27 to 6-29

MCA and chlorine also have different mechanisms by which they inactivate

microorganisms MCA reacts with four amino acids cysteine cystine methionine and

MCA can hydrolyze very slowly in process that can form chlorine Also making solution of MCA strongly

acidic pH 1-2 can cause the MCA to decompose and generate some chlorine Under the conditions under which

MCA is used for water treatment no such hydrolysis or decomposition should occur

-10-
tryptophan and the mechanism of inactivation is thought to involve inhibition of proteins or

protein mediated processes such as respiration Oxidants Manual at 6-12 Also MCA typically

requires multiple hits upon bacterial cells before cell death Oxidants Manual at 6-12 By

contrast chlorine is capable of producing lethal events at or near the cell membrane and of

affecting DNA Oxidants Manual at 2-35 In bacteria chlorine adversely affects cell

respiration transport and possibly DNA activity Oxidants Manual at 2-35 Accordingly MCA

does not kill microorganisms by releasing chlorine or MCA would have the same

antimicrobial properties as chlorine and it does not

Furthermore EPA has determined that MCA does not control as many different

microorganisms as chlorine and hypochlorous acid Oxidant Manual at 2-36 to 2-39 6-13 to

6-15 Accordingly Nalcos unqualified antimicrobial claims for its OxiPRO Feed System

Ex Ex imply level of microbial control that is not provided by MCA The only way to

clearly separate appropriate claims for MCA from those for chlorine and hypochlorous acid is to

register Nalcos ammonia and all other ammonia for water treatment and to properly attribute the

antimicrobial claims for MCA to such ammonia registrations

EPA should promptly deny Nalcos Petition to revoke Buckmans ammonia

retistrations because the Atency has properly retistered Buckmans ammonia as

precursor of MCA for water treatment

As explained in section II above scientific analysis of how ammonia is used in Nalcos

and Buckman proprietary water treatment systems shows unambiguously that MCA is the

active ingredient released by these systems for water treatment As explained in section III

above MCA is too unstable to be bottled and sold as marketable commodity and therefore is

universally produced in situ Accordingly there are no active or inactive EPA registrations of

MCA by which EPA can control the potential risks from using MCA which include unapproved

residues in food packaging and aquatic toxicity To address these potential risks EPA must

11
register one or both of the immediate precursors of MCA sodium hypochlorite or ammonia

With one registrant Buckman one end-use registration Busan 1215 and no other pesticidal

uses ammonia is the best and only practical candidate for registration which EPA has

recognized by registering Buckmans ammonia products after carefttl consideration

Furthermore as explained in section IV above ammonia is precursor of MCA not an adjuvant

Ammonia reacts with sodium hypochlorite to produce new active ingredient MCA which has

distinct properties from hypochlorous acid this reaction is not reversible and ammonia does not

sequester or release hypochlorous acid Thus EPAs decision to register ammonia as precursor

of MCA has no relationship to the Agencys past or present regulatory handling of the adjuvants

identified by Nalco For all of the foregoing reasons EPA properly granted registrations to

Buckman ammonia products and Buckman respectfttlly requests that the Agency deny Nalco

Petition request to revoke Buckmans registrations

VI EPA should immediately prohibit further distribution and sale of unreuistered

ammonia for water treatment because the continued sale of unreuistered ammonia

to the same customers for and for the same uses as Buckmans reuistered ammonia

presents unnecessary and potentially unreasonable risks to human health and the

environment contradicts and undermines the Auencys proper reuistration of

Buckmans ammonia and unfairly damaues the commercial value of Buckmans

retdstrations

If EPA has properly registered Buckmans ammonia as precursor of MCA for water

treatment then Nalcos ammonia also must be registered which Nalco has acknowledged by its

violent reaction to the registration ofBCMW and Busan 1215 As demonstrated in section II

above Nalcon 60620 and Busan 1215 are commercially interchangeable Both products are used

by the same people for the same purpose namely as source of ammonia to produce MCA in

situ for the disinfection of industrial water Nalcos label description of Nalcon 60620 as

stabilizer for active chlorine sources is dishonest in scientific terms because it does not match

the chemical reactions that actually occur in the OxiPRO Feed System

-12-
By letter dated February 2008 attached hereto as Exhibit however EPA has

temporarily accepted Nalcos erroneous description of Nalcon 60620 as chlorine stabilizer

pending further investigation Since then seven months and counting Nalco has aggressively

marketed and sold unregistered ammonia to commercial users who continue to produce and use

MCA without any EPA oversight specifically while Nalco has not had to demonstrate and EPA

has not had the opportunity to confirm that the use of Nalcon 60620 to produce MCA

adequately addresses the potential human health and environmental risks from the use ofMCA

Meanwhile Buckman cannot explain EPAs differential treatment of Nalcon 60620 and

Busan 1215 to customers and because these products are interchangeable in the marketplace

many customers now perceive EPAs registration of Busan 1215 as pointless and unnecessary

an impression that has been reinforced by EPAs failure to date to require the registration of any

ammonia products for water treatment other than Buckman inaction not only

contradicts Buckmans ammonia registrations it unfairly damages their commercial value

Accordingly the longer that EPA discriminates against Buckman by requiring the registration of

Buckmans ammonia while allowing all competitive ammonia products for water treatment to be

sold without registration the better it serves Nalcos desire to delay registration the harder it is

for Buckman to salvage its considerable investment to register ammonia and the longer the

public goes without assurance that MCA is being used safely which is provided only by EPAs

registering all ammonia for water treatment Furthermore Nalco has had more than enough time

to register ammonia and has chosen instead to focus solely on petition process to delay

registration for as long as possible while it continues to compete unfairly against Buckman in the

marketplace with unregistered ammonia that reflects no regulatory costs Thus EPA should not

reward Nalcos delaying tactics and opportunism with any additional time to register For all of

-13-
these reasons Buckman respectfully requests that EPA immediately prohibit further distribution

and sale of unregistered ammonia for use in water treatment

VII Conclusion

Buckman has demonstrated that its and Nalcos ammonia products are used in the same

way as precursors to produce MCA by the same industrial users primarily pulp and paper

mills but also facilities with industrial cooling systems who perceive the two products as

interchangeable for water treatment applications disinfection of mill and industrial cooling

water Buckman has shown that its and Nalcos ammonia products do not sequester or release

hypochlorous acid and are not adjuvants and that EPA has the authority to register ammonia

products as precursors of MCA since the registration of MCA itself for water treatment is

impractical Buckman also has shown that only the registration of all ammonia products for

water treatment will ensure that EPA has evaluated any potential risks from the use of MCA and

restore level playing field in the marketplace for industrial water disinfection For these

reasons as explained in this petition we renew our request that EPA deny Nalcos Petition and

immediately prohibit further distribution and sale of unregistered ammonia for water treatment

We welcome an opportunity to discuss our petition with EPA

-14-
Respectfully submitted

Dated September 2008

Michael Boucher

MCKENNA LONG ALDRIDGE LLP

1900 Street NW

Washington D.C 20006

202 496-7729

Counsel to

Buckman Laboratories Inc

-15-
EXHIBIT
DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

No FDA2008F0462

Zentox Corp Filing of Food Additive Petition

AGENCY

Food and Drug Administration HHS

ACTION

Notice

SUMMARY

The Food and Drug Administration FDA is announcing that Zentox Corp has

filed petition proposing that the food additive regulations be amended to

provide for the safe use of monochloramine as an antimicrobial agent in poultry

process chiller water

DATES

Submit written or electronic comments on the petitioners environmental

assessment by date 30 days after date of publication in the Federal

Register

ADDRESSES

Submit written comments to the Division of Dockets Management HFA3OS Food

and Drug Administration 5630 Fishers Lane rm 1061 Rockville MD 20852

Submit electronic comments to http//www.regulations.gov

FOR FURTHER INFORMATION CONTACT

Judith Kidwell Center for Food Safety and Applied Nutrition HF5265 Food and

Drug Administration 5100 Paint Branch Pkwy College Park MD 207403835

3014361071

SUPPLEMENTARY INFORMATION

Under the Federal Food Drug and Cosmetic Act sec 409b 21 U.S.C

348 notice is given that food additive petition FAP 8A4775 has been

filed by Zentox Corp c/o Burdock Group 801 North Orange Ave suite 710

Orlando FL 32801 The petition proposes to amend the food additive regulations

in part l73Secondary Direct Food Additives Permitted in Food for Human

Consumption 21 CFR part 173 to provide for the safe use of monochloramine as

an antimicrobial agent in poultry process chiller water

The potential environmental impact of this petition is being reviewed To

encourage public participation consistent with regulation issued under the
National Environmental Policy Act 40 CFR 1501.4b the agency is placing the

environmental assessment submitted with the petition that is the subject of this

notice on public display at the Division of Dockets Management see DATES and

ADDRESSES for public review and comment

Interested persons may submit to the Division of Dockets Management see

ADDRESSES written or electronic comments regarding this document Submit

single copy of electronic comments or two paper copies of any mailed comments

except that individuals may submit one paper copy Comments are to be identified

with the docket number found in brackets in the heading of this document

Received comments may be seen in the Division of Dockets Management between

a.m and p.m Monday through Friday FDA will also place on public display

any amendments to or comments on the petitioners environmental assessment

without further announcement in the Federal Register If based on its review

the agency finds that an environmental impact statement is not required and

this petition results in regulation the notice of availability of the

agencys finding of no significant impact and the evidence supporting that

finding will be published with the regulation in the Federal Register in

accordance with 21 CFR 25.51b

Please note that on January 15 2008 the FDA Division of Dockets Management Web

site transitioned to the Federal Dockets Management System FDMS FDMS is

Government-wide electronic docket management system Electronic comments or

submissions will be accepted by FDA only through FDMS at

http //www regulations gov

Dated August 27 2008

Laura Tarantino

Director Office of Food Additive Safety Center for Food Safety and Applied

Nutrition

Doc 08 Filed 08 845 am BILLING CODE 416001S

Doc 2008-20293 Filed 08/29/2008 at 845 am Publication Date 09/03/2008
EXHIBIT
NALCO

Nalcon 60620

Stabilizing solution for use with active chlorine sources

Nalcon 60620 is unique stabilizer for active chlorine sources Nalcon 60620 stabilizer minimizes

the decomposition of active chlorine caused by the high chlorine demand ofpaperrnaking waters

When used as directed Nalcon 60620 stabilizer reduces the quantity of active chlorine that reacts

with dissolved and suspended organics thereby maximizing compatibility with sensitive process

additives By reducing interactions with sources of active chlorine demand including sensitive

process additives such as optical brighteners retention aids and %vet and dry strength aids Nalcon

60620 optimizes chlorine stabilization Nalcon 60620 is intended for use in process waters used in

the manufacture of both food and non-food paperboard

PRINCIPAL FUNCTIONiNG AGENTS

Ammonittm sulfate 20.0%

CONSTITUENTS INEFFECTIVE AS SPRAY ADJUVANTS 8i0% TOTAL 100.0%

KEEP OUT OF REACH OF CHILDREN

WAThNING

FIRST AID

IF TN EYEs Hold eyes open and rinse slowly and gently with water for 15-20 minutes Get medical attention if irtItation occurs and

persists

IF ON SKIN Rinse skin

immediately with plenty of water for 15-20 nrinutev If symptoms develop teek medical attention

IF SWALLOWED Call poison control center or doctor immedintely for treotment advice Have person sip glass of water Do not

induce vnmiting without medical advice Do not give anything by mouth to an unconscious person IF INHALED First aid is normally not required Remove to fresh air treat symptomatically If

symptoms develop seed medical

advice

NOTE TO PHYSICIAN

Basnd on the individual reactions of the patient the pltysiciansjudgmeat should be used to control symptoms and clinical condition

Have the prnduct container or label with you when calling Poison control Center or doctor orgoing for treatment

PRECAUTIONARY STATEMENTS

HAZARDS TO HUMANS AND DOMESTIC 

Warning May cause irritation to the eyes and skin D

not take internally Use with adequate ventilation 

Remove contaminated clothing a6d wash clothing befo

face shield or safety glasses protective clothing and 

when handling

STORAGE AND DISPOSAL

Store in suitable tightly closed labeled containers In 

material and clean contaminated surfaces with water o

from the use of this product are not subjected to federal 

for any additional handling treatment or disposal req

licensed waste treatment storage disposal or recycling f

DIRECTIONS FOR USE

Nalcon 60620 stabilizer can be mixed with source of 

or added to system currently treated with active chiorine

If Nalcon 60620 stabilizer is

pre-blended with the activ

added to process Water streams at or immediately prior to 

water inlet the fan pump or wire pit Use metering 

piped with back-flow prevention to produce the liquid b

static mixer

DOSAGE For optimal stabilization add Nalcon 60620 

between 11 and 21 For food contact use no more than 

NOT FOR USE IN FISH BEARING WATERS

Revised 07/25/2007 THIS PRODUCT IS NOT REGULATED DURING TRANSPORTATION

Nalco Compan

1601 West Diehi 

Naperville IL 605

EMERGENCY PHONE NO 

NET CONTENTS SHOWN ELSEWHERE ON CONTAINER
NALCO

LOT NO DENSITY NET WEIGHT

9.1 lb/gal

FDA 21 CFR 176.170 Components of paper and

paperboard in contact with aqueous and fatty foods and

21 CFR 176.180 Components of paper and paperboard

in contact with dry foods 21 CFR 176.210 Defoaming

agents used in the manufacture of paper and

paperboard Hazardous ingredients may be listed

under State Right-to-Know

KOSHER This product has beep certified as

KOSHER/PAREVE for year-round use INCLUDING

THE PASSOVER SEASON by the CHICAGO

RABBINICAL COUNCIL

NFPA HMIS

Proprietary Halogen S

ATTENTION For more information refer to the material saf

Empty containers may contain residual product DO NOT 

unless properly reconditioned

CAUTION May cause irritation with pro

get in eyes on skin on clothing Do not ta

adequate ventilation In case of contact w

immediately with plenty of water and seek 

contact with skin wash immediately with p

suitable protective clothing

STATE RIGHT-TO-KNOW

nnI4 IDr.snras4r iiOi 9ciflk cail .. opi ItLGIf

KOSHER

Degree of Hazard

Extreme

High

Moderate

MAI1LINiLS.A

Nalco Company -Plant 

Eliwood City North Plant 125 Nalco Way ELLW

724-752-6200

Material 60620.91 Generated 

U.S DOT Shipping Name PRODUCT IS NOT REGULATED DURING TRANSPORTATIO
EXHIBIT
NALCO

Technology PROPOSAL

OxiPROTM

May 2008

duction Leader

Thank you for the opportunity to review our OxiPRO Deposit Control

Technology

Please find enclosed our proposal outlining how OxiPRO can benefit th

Nalcos OXiPROTM Deposit Control Technology offers improved paper machine

efficiency by controlling microbial-based deposits through

Innovative chlorine stabilizing chemistries

combination of new and unique proactive monitoring tools

Application expertise strategies to maximize performance

Resulting in

Improved system stability

Reduced treatment cost

Reduce sheet defects

Increased uptime

We thank you once again for this opportunity to work with you and look forward

to discussing this proposal with you in more detail

Sincerely

Gary deVries

District Account Manager P18

Nalco Company

cc

OxiPRO Dc

Confidential
NALCO OxiPRQ

Ox1PROTM Deposit Control Technology PROPOSAL

Introduction

The following is proposal for OxiPRON microbiological control program for

Nalcos OXiPROTM Deposit Control Technology is stabilized oxidant program It takes an oxidant that has been blended with caustic on site and stabilizes it with our unique chemistry specially designed feed system insures the oxidant is

completely stabilized Nalcos online microbiological monitoring unit provides Continuous real time results for proactive control

Nalcos OxiPRO innovative oxidant stabilizer program can rovide with these benefits

The most economical microbiological treatment program for neutral

conditions

Consistently meet or extend boil out target periods

Greater system assurance through online monitoring

Longer equipment life due to less corrosive chemistry

Improved runnability of machine and converting due to less holes/deposits

creating sheet defects and breaks

5pc1fkJotential Befits for th Mill Qpeiatioj Innovative chlorine stabilizer

Nalco has several stabilized oxidants that can be utilized for your system Testing and Nalco experience has shown that Nalco 60620 Is most effective in

your system

Improved Silo treatment strategies to minimize biomass

Nalcos OxiPROTM program creates stabilize oxidants that provide extended control even in the most demanding systems Nalco will employ slug feed to help improve system cleanliness while minimizing adverse effects of high free chlorine residuals on machine performance and paper quality

Real-time microbial monitoring for greater system assurance and

optimization

This program comes with Nalcos new patent pending online continuous

microbiological monitoring Unit for optimum proactive control Real time MB

monitoring allows for immediate response before system upset can occur

Con fidenflal
NALCO OxiPRO

Deposit Control Technology PROPOSAL

improved Machine Efficiency

Eliminating biological upsets wHI help improve wet end stability Improved

machine and converting runnability due to less microbiological holes/deposits

Program Objectiveand uccess Criteria

Be safe and reliable at all times

Maintain clean paper machine system with no microbiological deposits

Provide timely monitoring data for proactive control

Have no negative impacts on wet end chemistry

Provide service needed to maintain the program in peak performance and

document the results

Program Cost

The program would be billed on price/ton basis

Nalco 60620 and Nalco BL 409 $2.35/swt

Bleach 12.5% Supplied by in totes or bulk

This pricing also includes

One feed systems capable of feeding addition points

One OXiPROTh Monitoring unit

Nalco service and support program

Nalco maintains ownership of the feed and monitoring equipment

water softener if needed

would provide the following

din water for final dilution

Assistance installing the equipment

Electrical and piping connections to the units and feed points

Wireless or Ethernet connection for monitor information transfer

Bleach in totes or bulk storage or

Diofl

Nalcos OxiPROIM Deposit Control Technology program for includes

feed equipment monitoring equipment stabilized oxidant program and on-site

service This discussion will provide details and supporting information for the

proposed program

Stabilized Oxidant Chemistry

OXiPROTh Technology combines stabilizer Nalco 60620 blended on site by the

feed skid with commercially available 12.5% sodium hypochlorite and NaOH

Confidential
1NALCO OxiPRO

OxiPRODeposit Control Technology PROPOSAL

The stabilizer is determined by screening performed at the Nalco Technical

Facility utilizing your furnish

The stabilizerof choice from the testing is Nalco 60620 It showed to have the

best low concentration kill as well as the best high concentration persistence

when compared with the other products

This product has shown to be effective in similarenvironments both in the lab

and in mill experience This product is currently being utilized in multiple tissues

and towel mills with great success

OxiPRO Feed System

The feed skid blends the chemistries in the appropriate ratios and delivers the

stabilized oxidant to the paper process Below is simple flow sheet of the feed

skid operation The feed skids can be designed to run in slug configuration or

continuous operation For the system we recommend utilizing slug

feed operation to assure proper córage and cost effectiveness

Addition Points

Nalco recommends the following addition points for thoperation These

points could change or be reduced pending system requirements as the program is optimized

TM Silo

TM Shower Water Tank

125%

Sodium

Hypochlorite

N-60620

Stabilizer

Confidential
NALCO OxiPROM

OX1PROTh Deposit Control Technology PROPOSAL

OXlPROTM On-Line Monitoring

Nalcos on line monitor is an important part of this system This unit was

developed by Nalco to provide real time information and true proactive control

The unit continuously monitors four system conditions

Microbiological activity level

Overall fouling rate

ORP

4.pH

The unit monitors head box or white water system side stream and the sample

can be returned back to the process An internet connected computer or cell

phone can access the data Immediately either on-site or remotely Target

control ranges can be set for each parameter and the unit will send alarms to

computer or by cell phone text message alerting the local team to take action as

required

The following is actual data from the monitor that Nalco representative used to

prevent lost time upset Similar incidents at this mill before the monitor was

installed caused six hours of lost time

50

40

.30

20

10

WI/Ce W2/C6 WI/Ce 9/4/06 woe 9/6/08 9/7/06 9//CG 9/0/00 9/10/06 Wii/66 9/12/08 9/10/06 9/14/06 9/16/08

similar Incident last year caused hours

of downtime and an unscheduled boY/out

Confidential
1NALCO OxIPRcT

OxiPRO Deposit Control Technology PROPOSAL

Traditional Microbiological Monitoring

In addition to the online monItoring Nalco performs standard microbial surveys

using plate counts and chlorine residuals as required ATP monitoring Is also

used to help calibrate the monitor target control ranges and troubleshooting

variations in the process

Nalco Service Program

Our experienced local Nalco team will provide regular service for the program Our service program will be tailored to your needs and may include

Nalco representative in the mill

On call coverage 24 hours days week

Regular maintenance and repair of the feed and monitoring equipment

Bl-weekly reports summarizing program performance

Weekly machine Inspection for MB deposits with more detailed inspection

during outages

System trouble shooting as required

We look forward to discussing the value Nalcos OXIPROTh Deposit Control

Program can give We want to thank you for the opportunity to

service your facility and your request for this proposal

Confidential
Questions on Nalco OxiPRO System

What are the reactions that create the active ingredient

The stabilizers in the OxiPRO system when mixed with bleach in specified ratio

form unique stabilized chlorine intermediate prior to being introduced to the

paper making process The stabilized chlorine intermediate ensures that the

chlorine is not consumed by the organic components of the papermaking process

such as fiber and filler This increases the oppofluthtj for the stabilized

intermediate to come in contact with planktonic bacteria or bacteria in biofilm

and then hydrolyze the chlorine back to hypochlorous acid --the biocide

What is the mechanism of disinfection

Disinfection is completed through the action of hypoehlorous acid on bacterial

membranes and oxidation of sulthydryl groups

What species of chlorine are present

Hypochlorous acid is present in the beginning and the end of the stabilization process

What are the by-products.Spent Waste Products

Sulfate in the case of 60620 Hydantoin in the case of 03P0125 minor organic salt in the

case of 60615

What are the health hazards of the active ingredient

The active ingredient is hypochlorous acid HOd The health hazards of HOC1 are

well known an documented
EXHIBIT
PM Biocide Trial

Operator Overview

June 232008
Presentation Outline

werunning this trial

Why did we chose

Trial Plan details

Logistics

Most Important Safety

Why are

this program
Why are we running this trial

Opportunity to Improve Operations

Cleaner water system

Fewer sheet breaks defects and rejects

Reduced downtime

Increased machine speed

Bottom line

Increase safety if the program can eliminate boilouts

Increase machine efficiency if reduce downtime

Better quality of less holes defects and sheet breaks
Why did we chose this program

Meets our goals

Better monitoring tools

New chemical technology with OxiPRO

Direct comparison with other programs

Boilouts only

Stabilized Chlorine OxiPRO

DBNPA
CurrentProgram

What are our goals for biocide program

Safety

No wet end deposits or breaks related to microbiological

No sheet quality issues

No boilouts/Washups/Headbox deposits

No impact on other chemistries

Current Microbiological Program

Current biocide program doesnt attack slime formers on and ____ and no

program on Using Bleach DBNPA

Monitoring with weekly plate counts and ORP

Boilouts when problem occurs

Other

pH and temp range is good for filamentous and slime formers

Lower free chlorine in mill fresh water .Sppm

Trial will help determine the Program to meet our goals on PM5

Better data analysis better decisions optimization
Better Monitoring

Current Monitoring

Manual sampling

No formal program

Time lag for data

Reactive to problems on the maôhine

Plate counts and ORP only

Monitoring during Trial

Automated and Manual sampling

Formal monitoring program

Real time data for biofouling and ORP

Ability to be Proactive to prevent problems

Alarm if problems occur
Bioflim Control

Situation without

Stabilization

The free chlorine is lost

by reacting with the

surface of the bioflim

Situation with

Stabilization

The chlorine is

released inside the

biolllm matrix

Stabilizer

NaOCI
Trial Plan Details

TmeIine

June 24 Monitoring Only Boilouts

Aug Sept OxiPRO months

Oct Nov DBNPA months

Feed Strategy and Application
Feed Strategy and Applicauon

OxIPRO Location and Estimated Dose

Machine Silo Based on 65000 gal 12 ppm as total chlorine 65 GPD 60620 38 GPD Mill Bleach

45 mm slugs times perday

Eliminate headbox and approach system biological deposition

Shower Water Chest Based on 40000 gal 10 ppm as total chlorine GPD 60620 15 GPD Mill Bleach

10 mm slugs once per day

Provide kill and preservative for shower water and mist areas
Log isfics

Locations of the chemicals and feed system

Temporary trial set up

In the basement by pressure weir

Move existing totes to other locations

Long term plans

Hard piped to existing systems

Monitoring system details

Feed system details

Component of the feed system

10
OxIPRO Monitoring

11
OxiPROTM Feed System

Fully automated to ensure safety and

quality of product

DCS connections available

Start/stop flow rates interlocks

etc

Push water tie in automatic flush

water sequence

All mixing and splitting done on skid

Temperature monitoring to ensure

proper ratios and safety

Ability to shut down one addition point

while running others

Nalco owned and maintained

12
Component with Drive Water

Basic Configuration Component with drive water

13
Safety

Chemical hazards review

Loading and unloading safety

Temporary operations SOP to refill totes

Long term_hard piped

Nalco rep to handle refillsPMoperator to truck totes

SOP review

Feed system safety

Temporary piping tube in tube

Other safety concerns

14
EXHIBIT
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON D.C 20460

4L PRO

mu iyy OFFICE OF

UUL PREVENTION PESTICIDES AND

TOXIC SUBSTANCES

Mr Carl Watson Ph.D

Sr Regulatory Toxicologist

Buckman Laboratories Inc

1256 McLean Blv

Memphis TN 38108

Subject Busan 1215

EPA Registration Number 1448-433

Application Dated June 2007

Received Date June 11 2007

Dear Mr Watson

The following label revisions submitted in connection with registration under the Federal

Insecticide Fungicide and Rodenticide Act FIFRA as amended is acceptable

Proposed Labeling

New Use Industrial water systems

General Comment

Should you have any questions concerning this letter please contact Drusilla

Copeland at 703 308-6224 or Velma Noble 70 308-6233

Sincerely

Velma Nobel

Product Manager 31

Regulatory Management Branch

Antimicrobials Division 7510P

Enclosure Stamped Label

Internet Address URL http//www.epa.gov

Recyded/Recyclable Printed with Vegetable Oil Based Inks on Process Chlorine Free Recycled Paper MInimum 80% Postconsumer content
1ç4 BUSAN 1215 SUSAN isa registered trademark

microbiocide for controlling algal bactenal and fungal deposits in influent wmter systems and all

process water systems used for the manufacture of paper and paperboard products and in industrial

cooling towers recirculating cooling water systems evaporative condensers influent water systems

brewery and food pasteurizers rndustnal fresh water systems airwasfiers seawater desalination

and reverse osmosis systems paint spray booth sumps non-fish containing decorative fountains

and ponds used tor cooling purposes sewage and wastewater systems This product is also used

for the control of algae bacteria fungi and mollusks in both seawater and freshwater intluent

systems

ACTIVE INGREDIENTS

Ammonia tatal

t01NGREDIENTS

T5TAt

KEEP OUT OF REACH OF CHILDREN

CAUTION

If in

Eyes

Hold eye open and rinse slowly and gently with water for 15-20 minutes

Remove contact tenses ifpresent after the first minutes then continue rinsing eye

Call poison control center or doctor for further treatment advice

Take ott contaminated clothing

Rinse skin immediately with plenty of water for 5-20 minutes

CatI poison control center or doctor for treatment advice

If on

Skin

Clothes

If

Swallowed

Calf poison control center or doctor immediately for treatment advice

Have person sip glass of water if able to swallow

Do nut induce vomiting unless told to do so by the poison control center or doctor

Do not give anything by mouth to an unconscious person

If

Inhaled

Move person to fresh air

If

person is not breathing call 911 or an ambulance then give artificial respiration

preferably by mouth-to-mouth if

possible

Call poeon control center or doctor for further treatment advice

HOT UNE NUMBER

Precautionary Statements

HAZARDS TO HUMANS AND DOMESTIC ANIMALS

CAU11ON Harmful if swallowed Avoid breathing vapor Avoid contact with skin eyes or clothing

Wear protective eye-wear goggles face shield or safety glasses impervious chemical-resistant

gloves and full body clothing long sleeved shirt and long pants socks and shoes when handling

Wesh thoroughly with soap and water after handling and before eating drinking chewing gum or

using tobacco

ENViRONMENTAl HAZARDS Do not discharge effluent containing this product into lakes

streams ponds estuaries oceans or other waters unless in accordance with the requirements of

National Pollutant Discharge Etmination System NPDES permit and the permitting authority has

been nofifled in wiling pnor to discharge Do not discharge effluent containing this product to sewer

systems without previously notifying the local sewage treatment plant authority For guidance

contact your State Water Board or Regional Office of the EPA

Directions for Use

It Is vIolatIon of Federal law to uae thia product In marner inconsIstent wIth Its labeling

PULP AND PAPER MILLS BtJSAN 1215 is used as microbiocide in the manufacture of paper and paperboard that contacts

fond

This product is applied in conjunction with sodium hypochlorite to form monochtoramine stower acting toss aggressive oaidrclng

microbiocide The products are added to dilution water to achieve minimum molar ratio of 1.0 to 1.0 BUSAN 1215 to sodium

hypochtorite This ratio may be obtained by combining 05 fluid ounces of BtJSAN 1215 to 1.0 fluid ounces of sodium hyscchlori

less than or equal to 15.0% wtlwt To insure both handling safety and effectiveness the monochioramine solution must 

generated and fed into the treatment water systems through proper chemical feed skid only by trained Buckman representativ

Use of this product for any other purposes or contrary to the use directions specified below is prohibtied

Dosage Rates When noticeably fouled apply suffloent product and sodium hypochforde to achieve total chtorine residual of 

759% least ppm in excess of the system oxidant demand Once control is achtoved treatment rates can be reduced to sub-demand

92.41% rates from 50% to 80% of system demand The product may be added to the system continuously or intermittentiy as needed 

15950% any area of the system where uniform mixing can be obtained

For intermittent treatment mix 0.5 fluid ounces of BUSAN 1215 to 1.0 fluid ounce of sodium hypochiorite less than or equal 

15.0% wt/wt Apply the solution at rate to obtain ito ppm in excess of the system oxidant demand maximum ofpp

measured as total chlorine in the water being treated for to 60 minutes every ito hours The frequency of feeding and 

duration of treatment will depend on the severity of the problem Badly fouled systems should be cleaned before initial treatment

For continuous treatment mix 0.5 fluid ounces of BUSAN 1215 to 1.0 fluid ounce of sodium hypochlorite less than or equal 

15.0% wtlwt Apply the solution at rate to obtain 0.5 to ppm in excess of system oxidant demand maximum of pp

measured as total chlorine in the water being treated on continuous basis The frequency of feeding and the duration 

treatment will depend on the severity

of the problem Badly fouled systems should be cleaned before initial treatment

If chloramine is detected in the effluent it can be neutralized by the addition of sodium metabisulfite until the chlorareine is 

longer detected

INDUSTRIAL WATER SYSTEMS BUSAN 1215 is used for the control of algal bacterial and fungal deposits in industoal coolin

towers recirculating cooling water systems evaporative condensers influent water systems brewery and food pasteurizers

industrial fresh water systems airweshers seawater desalination and reverse cemosis systems paint spray booth sumpe con-fi

containing decorative fountains and ponds used for cooling purposes sewage and wastewatac systems This product is also us

for the control of algae bacteria fungi and mollusks in both seawater and freshwater influent systems

When this product is used to treat sewage and wastewater systems seawater and freshwater influent systems for once-through

industrial water systems and seawater desalination and reverse comosis systems and the system water is not sent to POTW

residual levels of chloramine in the effluent must be monitored and neutralized using on-line monitonng and control eqrspment

When this pioduct is used to treat redroilating cooling water systems evaporative condensers influent water systems not part 

once-through industrial water systems brewery and food pasteurizers airwashers paint spray booth sumps and non-fis

containing decorative fountains and ponds used for cooling purposes effluent detection of chtoramirw should be conducted at toa

once per shift If chioramina is detected in the effluent it can be neutralized by the addition of sodium metabisulfite until 

chloramrne is no longer detected

This product is appted in conjunction with sodium hypoctilorite to form monochloramrne slower achng tess aggressive omdrzrn

microbiocide The products are added to dilution water to achieve minimum molar ratio of i.Otol.0 BUSAN 1215 to sodium

hypochlorite This ratio may be obtained by combining 0.5 fluid ounces of BUSAN 1215 to 1.0 fluid ounces of sodium hypochior

toss than or equal to 15.0% wt/wt To insure both handling safety and effectiveness the reonochloramine solution must 

generated and ted into the treatment water process through closed metered chemical feed system The system operator must 

trained by Buckman representative in the use of the chemical teed system Use of this product forany other purposes or contra

to the use directions specified below is prohibited

Dosage Rates When noticeably fouled apply sufficient product and sodium hysothlodte to achieve total chlorine residual of 

least ppm in excess of the system orddant demand Once control is achisved treatment retes can be reduced to sub-demand

rates from 50% to 80% of system demand The product may be added to the system continuously or interrmttenliy as needed to a

ares of the system where uniform mbeng can be obtained

For intermittent treatment mis 05 fluid ounces of BUSAN 1215 to 1.0 fluid ounce of sodium hypochiorile less than or equal 

150% wt/wt Apply the solution at rate to obtain ito ppm in excess of the system oxidant demand maximum of pp

meseured as total chlorine in the water being treated for to 60 minutes every ito hours The frequency of feeding and 

duration of treatment will depend on the severity of the problem Badly fouled systems should be cleaned before initial treatment

For continuous treatment mix fluid ounces of BUSAN 1215 to 1.0 fluid ounce of sodium hypochlonte less than or equal 

15.0% wtlwt Apply the solution at rate to obtain 0.5 to ppm in excess of the system oxidant demand maximum of pp

measured as total chlorine in the water being treated on continuous basis The frequency of feeding and the duration 

treatment will depend on the severity of the problem Badly fouled systems should be cleaned before initial treatment

FIRST AID

Have the product container or label with you when calling Poison Control

Center or doctor or going for treatment You may also contact 901-278-0330

or 1-800-BUCKMAN for emergency medical treatment information
EXHIBIT
Busan 1215 Feed System
EXHIBIT
WATER RINSE

PRESSURE RE000INC

VALVE

RUND EU

WATER BOOST

PRESSURE REGULATOR

OEIir1ed by EhckEd by Appra.ed by 

Bu LaboratoriEs 

WcndELtmkM 159 in 3OJ92579211 1-

9OQ Gnnf FEK 32 al 9ZSi.93O 

OlAF HRAM

BURKEFIT FLOW FUTURE USE

SOLENOIDS

0110

RELIEF VALVE

GRUNDFOS

PRESSURE

PUMPS

RELIEF VALVES

CHEMICAL

POLYPROPILENE ENCLOSURE

IFM FLOW SWITCH
EXHIBIT
12

ti

Busan 1215 Feed System Diagram

Set water flow rate with valve

AppUc

AppHc

Appca

AppUc
BUSAN 1215 Valve Settings

start

description positi

water filter bypass close

water filter inlet open

water filter outlet open

water filter drain close

water booster pump bypass close

dilution water drain sample tap close

dilution water supply open

emergency flush supply open

dilution water flow rate adjustment open

10 sample tap Busan mixture to applications close

11 application point outlet open

12 application point outlet open

13 Busan 1215 inlet open

14 Busan 1215 strainer isolation valve open

15 Busan 1215 calibration column inlet close

16 Busan 1215 outlet open

17 Bleach inlet open

18 Bleach strainer isolation valve open

19 Bleach calibration column inlet close

20 Bleach 1215 outlet open
EXHIBIT
SOUTH COAST CHEMICAL INC 139

IN THE MAimROF SOUTH COAST CHEMICAL INC

FIFRA 844

REMAND ORDER

Decided March 11 1986

Before the Administrator U.S Environmental Protection

Agency

Opinion by Ronald MeCallum Chief Judicial Officer

INTRODUCTION

This is an appeal by EPA Region IX from an initial decision

of the Chief Administrative Law Judge dismissing an administrative

complaint charging South Coast Chemical Inc of Santa Ana Califor

nia SCC with producing and offering to sell pesticide product

in violation of the registration requirements of the Federal Insecti

cide Fungicide and Rodenticide Act as amended FIFRA U.S.C

136 et seq The dismissal order was issued upon motion without

hearing The Chief Judicial Officer as the Administrators

delegatee has the authority to decide this appeal pursuant to 40

CFR 22.30 1984 For the reasons set forth below the Initial Deci

sion is reversed the complaint is reinstated and this case is re

manded to the presiding officer for further proceedings

BACKGRO UND

SCC produces and sells sodium chlorate solution under the

name of SC 6009 INDUSTRIAL MICROBIOCIDE SC 6009 When

this solution is acidified and added to water aqueous chlorine dioxide

is produced Chlorine dioxide is strong oxidizing agent which is

The specific provisions of FIFRA at issue are 12a 1A and 12a2L Section

12a1A prohibits the distribution offering for sale shipping and holding for sale

of any pesticide which is not registered Section 12a2L prohibits production of

pesticide at an unregistered establishment

VOLUME
140 ENVIRONMENTAL ADMINISTRATIVE DECISIONS

used as fungicide or biocide for certain industrial purposes.2 Be cause of the commercial impracticability of transporting aqueous chlo

rine dioxide Sec does not mix its sodium chlorate solution with

water at its production facility rather the mixing process is per

formed at the site of application.3

The record does not state when South Coast Chemical Inc began

production of sodium chlorate at its Santa Ana facility However

on January 25 1983 California state pesticide inspector inspected

the facility and observed that sodium chlorate was being produced

at the site He also obtained samples of promotional literature de

scribing SC 6009 as biocide

On January 24 1983 the day before the inspection SCC sent

letter to EPA Region IX in San Francisco inquiring whether SC

6009 was pesticide subject to FIFRA registration requirements

SCC stated in the letter that

There are no biocidal claims made of the precursors

sodium chlorate solution These are the chemi

cals that would be sold to the customer who would

generate chlorine dioxide at their site for their own

use

SCCs January 24 1983 letter was referred by Region IX to

Dr Reto Engler then Chief of the Disinfectants Branch of EPAs

Registration Division On February 16 1983 Dr Engler responded

to SCCs letter stating that SCCs product was subject to FIFRA

registration requirements Thereafter SCC applied for registration

of its product and its product establishment EPA registered SC 6009

on March 14 1983 and registered the product establishment on

April 13 1983

More than year before SCCs January 24 1983 letter EPA

Region II headquartered in Boston Mass had issued determina

tion that product similar to SC 6009 produced by another chemical

manufacturer was not pesticide as defined by FIFRA and thereThose purposes include controlling microorganisms in oil field injection waters

refinery waste waters enhanced oil recovery systems industrial recirculating water

cooling towers in once-through fresh and sea water industrial cooling water systems

and in pulp and paper mill systems

3The record does not demonstrate whether mixing operations are conducted by

SCC or the purchaser However the product label submitted to EPA states that

mixing operations will be carried out by South Coast Chemical Inc

VOLUME
SOUTH COAST CHEMICAL INC 141

fore was not subject to registration requirements.4 The record does

not permit me to reach conclusion as to when 5CC first learned

of the Region II ruling

On October 17 1983 EPA filed an administrative complaint

against 5CC charging that or about January 25 1983 5CC

offered or held for sale the unregistered pesticide SC 6009 and that

SCC produced the pesticide at its unregistered production establish

ment The complaint proposed $4000 civil penalty$2200 for the

alleged unregistered pesticide violation and $1800 for the alleged

unregistered establishment violation

On September 1984 5CC filed motion to dismiss the com

plaint Its motion was granted by the presiding officer on November

27 1984 In his decision the presiding officer stated

Prior to the inspection Respondent having become

aware of similar situation made inquiry of EPA

concerning its product No definitive answer was ever

received Due to an uncertainty during this period

as to the applicability of FIFRA to the product Re

spondent nevertheless registered both the product

and the establishment in March and April 1983 six

months prior to the issuance of the complaint Initial

Decision

The presiding officer concluded that these good faith efforts of re

spondent should have been taken into account since sanctions

permitted by FIFRA are preventative in nature and are not intended

to be Initial Decision This appeal followed

4Letter from Region II to Chemical Generators Inc dated August 21 1981

appeal the Region argued without citation of authority that the presiding

officers statement regarding the preventative nature of the civil penalty provisions

of FIFRA is misstatement of the law and the Congressional mandate represented

by FIFRA While agree with the Regions position that the Complaint should

be reinstated do not agree with its characterization of the civil penalty provisions

of FIFRA FIFRAs civil penalty provisions are similar to those of the Toxic Substances

Control Act TSCA 15 U.S.C 2615 which are remedial in nature rather than

punitive As explained in Briggs Stratton Corporation TSCA Appeal No 811

101 ALC 116 119 Feb 1981

Civil penalties under TSCA are intended to deter through regula

tion not reprimand through punishment Punishment under

TSCA is accomplished through the criminal provisions of 16b

which impose criminal sanctions on persons who knowingly or

willflilly violate the regulations The presence of these criminal

sanctions in 16b and their juxtaposition next to the civil provi

Continued

VOLUME
142 ENVIRONMENTAL ADMINISTRATFVE DECISIONS

DISCUSSION

On appeal SCC claims that its good faith efforts to find out

whether FIFRA required that SC 6009 be registered should weigh

heavily in its favor and that the presiding officer was correct in

concluding that the complaint should be dismissed The Region claims

that SCCs good faith is not an appropriate basis for dismissal

agree with the Region

FIFRA is strict liability statute Accordingly respondents

good faith is not defense to charge that the statute has been

violated FIFRA is similar in this respect to the Clean Water Act

33 U.S.C 1321b1 In U.S Coastal States Crude Gathering

Co 643 F.2d 1125 5th Cir 1981 the Fifth Circuit Court of Appeals

stated

Section 1321 provides no defense to the assess

ment of the civil penalty indeed it establishes an

absolute liability standard which obviates the need

for finding of fault 643 2d at 1125

The court added that shifting the burden of achieving clean waters

to users of those waters albeit good faith non-negligent users

is valid exercise of congressional power Similarly FIFRAs registra

tion requirements provide no exception for pesticide producers or

users who claim that they acted in good faith

Good faith may be factor to weigh in considering whether

proposed penalty should be reduced or even eliminated however

sions in 16a contains this same civil versus criminal

sanction juxtaposition is strong evidence of Congressional intent

to establish statutory scheme which has remedial function

insofar as the civil sanctions are concerned The fact that mone

tary penalties are involved under 16a does not alter this statu

tory scheme term penal is used in different contexts to

mean different things Smith No Galesburg Crown Finance

Corp 615 F.2d 407 414 7th Cir 1980 The context here dictates

the conclusion that the civil penalty provisions are compensatory

and remedial in nature

For the same reasons FIFRAs civil penalty provisions must be viewed as remedial

in nature and not punitive See True U.S Supp ERC 1752

Wyo 1985 civil penalties for oil spills under the Clean Water Act 33 U.S.C

132 1b are compensatory and remedial in nature not criminal and punitive

that regard FIFRA 14aX4 states

Determination of penalty Whenever the Administrator finds

that the violation occurred despite the exercise of due care or

VOLUME
SOUTH COAST CHEMICAL INC 143

whether or not complaint is justified in the first instance is under

FIFRA matter for the prosecutor to decide In the absence of

an abuse of prosecutorial discretion will not substitute my judg

ment for that of the Region

Nothing in this record demonstrates that Region IX abused its

discretion in bringing complaint against SCC On January 25

1983 California pesticides inspector discovered that SCC was pro

ducing pesticide product at its plant in Santa Ana At that time

neither the product nor SCCs production establishment was reg

istered as required by FIFRA SCCs subsequent compliance with

FIFRAs registration requirements six months later does not affect

the fact of the violation

Judge Finch seems to have been influenced by the apparent

uncertainty at EPA as to whether products such as SC 6009 should

be regarded as pesticides However FIFRA makes it clear that

pesticide must be registered before it is produced or marketed Here

it appears that SCC chose to act first and to inquire later about

the Agencys registration requirements and must accept the con

sequences

If the presiding officer is persuaded by SCCs assertion of good

faith however he may take it into account in determining the

amount of the penalty Such claims should be presented at an evi

dentiary hearing where the Region will have the opportunity to

present its own evidence and to conduct cross-examination

While have no reason to question SCCs good faith do not

find in this record sufficient evidence for finding that the company

acted in good faith in trying to determine whether it was subject

to FIFRA registration requirements SCC has asserted but has pro

vided no evidence that it delayed registering its product because

it relied on the Region II letter Morover it has provided no informa

did not cause significant harm to health or the environment the

Administrator may issue warning in lieu of assessing penalty

Pesticide Enforcement Division Case Proceedings Guidance Manual 1983

states

civil penalty as authorized by Section 14a of FIFRA is the

remedy of choice for most violations civil penalty should be

proposed where the violation presents real but not an extreme

and unreasonable risk to humans or the environment is unlikely

to be an isolated occurrence was apparently committed as result

of ordinary negligence inadvertence or mistake Chapter Deter

mination of Appropriate Enforcement Response 513

VOLUME
144 ENVIRONMENTAL ADMINISTRATIVE DECISIONS

tion as to the date when it began to produce and market SC 6009

nor has it stated when the company first learned of the Region

II position.8 As for SCCs claim that EPA never responded to its

inquiry Dr Reto Englers February 16 1983 letter to 5Cc expressly

states that it is in answer to SCCs January 24 1983 letter For

all the foregoing reasons the presiding officers rationale for dismiss

ing the complaint i.e that good faith efforts of Respondent

should have been taken into account is rejected

next consider whether any other rationale exists for dismissing

the complaint In its motion SCC requests that the complaint be

dismissed pursuant to 40 CFR 22.20 for failure to establish

prima facie case because the 5CC exercised every reasonable effort

to comply with FIFRA and timely registered both the product in

issue and the production establishment These grounds for dismissal

of the complaint are no more than restatement of SCCs good

faith claim discussed above and are rejected for the reasons set

forth above.9

SCC also claims that the complaint should be dismissed for fail

ure to state claim upon which relief can be granted 10 in that

the complaint erroneously alleges that SC 6009 is pesticide

as defined in FIFRA and it is based on regulations that are

void for vagueness and unconstitutional These two claims are briefly

discussed below

8Respondents Memorandum of Points and Authorities in Reply to Appellants

Appeal dated December 21 1984 states that SCCs January 24 1983 letter to EPA

had attached to it copy of the Region II letter However the January 24 letter

does not refer to the Region II letter Moreover the only attachment to which the

letter refers is diagram of chlorine dioxide generator Respondents Response

to Complainants Prehearing Conference Memorandum February 23 1984 states that

SCC discussed the Region II letter with David Jones of Region IX on February 22

1984 year later and that copy of the letter was submitted to him on that

date It is noted that letter from Dr Reto Engler of EPA to Region IX dated

March 1984 states Dr Englers opinion that SCC relied on the Region II letter

in concluding that registration was not required

9Moreover SCCs allegation of failure to establish prima facie case is premature

Dismissal for failure to establish prima facie case under 40 CFR 22.20 is similar

to directed verdict under the Federal Rules of Civil Proceduresee FRCP Rule

50a motion for directed verdict is properly made only after complainant has

had an opportunity to submit evidence at trial See e.g Wilson Good Humor Corp

757 F.2d 1293 D.C Cir 1985 Phillips Hardware Wholesalers No 831804 Slip

Opinion 6th CirMay 15 1985

See FRCP Rule 12b6 In the context of this hearing SCCs claim falls within

40 CFR 22.20 which permits dismissal for other grounds show no right

to relief on the part of the complainant

VOLUME
SOUTH COAST CHEMICAL INC 145

Region IX has charged 5CC with violating FIFRA by producing

and selling an unregistered pesticide The Agency has determined

that SC 6009 is pesticide based on its intended use Although

the sodium chlorate solution marketed by SCC does not itself have

pesticidal properties it produces pesticidal action at the site of appli

cation As EPA explained in letter to SCC

SC 6009 is identical to others wherein chemical

when placed in water readily changes to an

other chemical which is the actual pesticide required

to be regulated under the Federal Insecticide Fun

gicide and Rodenticide Act The very fact that the

latter cannot exist as marketable commodity and

only exists in an aqueous medium as it is released

by the parent chemical makes the immediate precur

sor the only logical chemical through which the use

of the pesticide can be regulated.11

The Registration Division acted within its authority in determining

that SC 6009 is pesticide for purposes of FIFRA registration re

quirements and its decision stands

Lastly SCC claims that the complaint should be dismissed be

cause the complaint is based on FIFRA regulations that are unconsti

tutionally vague To entertain such challenge however would vio

late the general rule that attacks on the validity of agency regulations

are rarely entertained in the context of an administrative enforce

ment hearing absent the most compelling of reasons American Eco

logical Recycle Research Corporation RCRA 833 at pp 56 July

18 1985 Moreover the decision to entertain such challenge is

discretionary Id In this instance no compelling circumstances exist

to justifr departure from the general rule

Letter to SCC dated February 23 1983 from Dr Reto Engler then Chief

of the Disinfectants Branch of the EPA Registration Division

VOLUME
146 ENVIRONMENTAL ADMINISTRATIVE DECISIONS

For all the foregoing reasons the initial decision is reversed

the complaint is reinstated and this case is remanded to the presid

ing officer for further proceedings consistent with this order.2

So ordered

12 The Region requests that this case be remanded for hearing on the issues

raised by the pleadings on file in this action Regions Appeal Brief Whether

hearing is necessary or whether the factual issues raised herein my be resolved

in more expeditious and less costly manner is matter for the Chief Administrative

Law Judge to decide

VOLUME
EXHIBIT
PRECAUTIONARY STATEMENTS HAZARIS TO

HUMANS A.Nl DOMESTIC ANIMALS

DANGER

CORROSIVE CAUSES SEVERE EYE AND SKIN INJURY

HARMFUL IF INHALED HARMFUL IF SWALLOWED

Do not get in eyes on skin or on clothing Wear goggles or face

shield and nibber gloves when handling Remove and wash

contaminated clothing before reuse Wash thoroughly after

handling

ENVIRONMENTAL HAZARDS

This pesticide is toxic to fish and aquatic organisms Do not

discharge effluent conlaining this product into lakes streams ponds

estuaries oceans or public waters unless in accordance with the

requirements of National Pollutant Discharge Elimination System

NPDES permit and the permitting authority baa been notified in

writing prior to discharge Do not discharge effluent containing this

product to sewer systems without previously notifying the sewage

treatment plant authority For guidance contact your Stale Water

Board or Regional Office of the EPA Apply this pesticide only as

specified on this label

EPARegNo 1106-171

EPA Eat No 1706-IL-1BP

EPA Eat No 1706-NJ-tPN

Lettepin that netchss first letter in hatch number idenliflea the

staligiunentnbmb

NE CtffEN1 SflOflt ELSEWIIWERE ON CONTAINER

ONDEO Natcct

ACTI-PLUS2818

STABILIZED SODIUM

HYPOCIILORITE

ACTIVE INGREDIENT

Sodium Hypochlorite 8.34%

INERT INGREOTENTS- 1.66%

Total 100.00%

Available Chlorine 7.9%

KEEP OUT OF REACH OF CHILDREN

DANGER

SEE SIDE PANEL FOR ADDITIONAL PRECAUTIONARY

STATEMENTS

Ondec Nalco Company

Ondeo Nalco Center

Naperville IL 60563-1198

EMERGENCY PHONE NO 800 424-9300

DIRECTIONS 

It is violation of Fed

inconsistent with its lab

ACTI-PLUS 2818 is 

bacterial and fisngal sli

which recirculating wa

reservoirs or ponds whic

cooling water ACTI-P

bacterial and algal s

pasteurizers

INDUSTRIAL AND 

WATER COOLING 

ACTI-PLUS 2818 shou

any section of the s

ACTI-PLUS 2218 shou

total chlorine level o

1.25 fluid ounces per 

approximately ppm o

may be required to 

throughout the system 

with teat kit and add

obtained at the bleed-of

satisfactory biological 

day while others will 

day

COOLING PONDS 

ACTI-PLUS 2818 may

location that perm

maximum retention t

ACTI-PLUS 2818 sho

2-4 ppm in all pasts of 

1000 gallons of water 

DECORATIVE FOU

ACTI-PLUS 2818 may 

at point where sufficien

ppm total chlorine 

fountains which contain 

BREWERY PASIEtJ

For control of bacteria 

ounces of ACTI-PLUS 

achieve controL To 

2818 to maintain 2-4 

1.25 fluid ouncea pe

chlorine 

CORROSIVE LIQUID BASIC INORGANIC N.O.S SODIUM IJYPOCHLORITBI UN3261 

STORAGE AND DISPOSAL

STORAGE Do not contaminate water food or feed by storage

disposal or cleaning of equipment

PESTICIDE DISPOSAL Pesticide wastes are acutely hszardout

Improper disposal of excess pesticide spray mixture or rinaate ia

violation of Federal Law If these wastes cannot be disposed of by

use according to label instructions contact your State Pesticide or

Environmental Control Agency or the Hazardous Waste

repreaentstive at the nearest EPA Regional Office for guidance

CONTAINER DISPOSAL

METAL CONTAINERS Triple rinse or equivalent Then offer

for recycling or reconditioning or puncture and dispose of in

sanitary landfill or by other procedures approved by stale and local

authorities

PLASTIC CONTAINERS Do not raise empty contsint Triple

rinse or equivalent Then puncture and dispose of in sanitary

landfill or if allowed by state and local authorities by burning If

burned stay out of smoke

FIRST AID

It awallowed

Cell poison euntnA center or doctor immediately for treatment advice

DO NOT HIDUCE VOMITING

Do not give asythingto think

If In eyes

Hold eye open asd nina slowly and gently with water for 15-20 minutes

Mer lent 15 minutes of sinsing or after it as judged that nearly all of the

contamination has been removed Remove contact lenses ifpresent after the

that minutes then eontinue sinsing

Call poism control center or doctor imniedidely for treatment advice

If eqs J4n ordelSing

Take off contaninated clothing

Pinse skin issunedheely with plenty of water for 15-20 minutes

Call poison eontrol caster or doctor for treatnsent advice

If Inhaled

Move poison to fresh air

If pesson is not breShing call 911 or an ambulance and then gin astificial

respiration preferthly mouth-to-math ifpossibl

Call poison eoolnl caster or doctor for ftssthertreatsnent advice

NOTE TO PHYSICIAN

Aspiration may cane long dassago Probthle mucosal danage nsay

contraindicate ISsue of gastric lavsge

Have the MSDS aa4 ifavailthl the product eastinser or lthel with you

when calling poison control center or doctor or going for treatmast

EPAEaLN0 1706-CA-lCR

EPA Eat No 1706-WA.lVW

Revised 3/11/2003
MASTER LABEL

Edit Date P12/07

STABREX ST 70

STABREX ST 70 is an effective agent for controlling algal bacterial and fungal slime in condensing and cooling

equipment in which recirculating water is used as the cooling medium and in ponds which serve as the source of boiler

feedwater or cooling water STABRFX ST 70 can also he used to control bacterial fungal and algal slime in

decorative fountains air washers pulp papermill influent water systems pulp and papermill process water systems

and food beverage and industrial process pastcurizers

ACTIVE INGREDIENTS

Sodium hypochlorite 6.36%

Sodium bromide 9.23%

OTHER INGREDIENTS 84l%

Total 100.00%

Total Available Bromine approximately 14% expressed as chlorine approximately 6.4%

KEEP OUT OF REACH OF CHILDREN

DANGER

FIRST AID

If swallowed

Call poison control center or doctor immediately for treatment advice

DO NOT INDUCE VOMiTING

Do not give anything to dnnk

If In eyes

Hold eye open and rinse slowly and gently with water for 15-20 minutes

Afterat least IS minutes of rinsing or after it isjudged that nearly all of the contamination has been removed Remove contact lenses if

present after the first minutes then continue nnsing

Call noison control center or doctor immediately for treatment advice

if on skin or clothing

Take off contaminated clothing

Rinse skin immediately with plenty of water for tS-20 minutes

Call poison control center ora doctor for treatment advice

If inhaled

Move person to fresh air

If person is not breathing call 911 or an ambulance and then give artificial respiration preferably mouth-to- mouth if possible

Call poison control center or doctor for further treatment advice

NOTE TO PHYSICIAN

Aspiration may cause lung damage Probable mucosal damage may contraindicate the use of gastric lavage

Have the MSDS and if available the product container or label with you when calling poison cootml center or doctor or going for

treatment

SEE SIDE PANEL FOR ADDITIONAL PRECAUTiONARY STATEMENTS

Nalco Company

1601 West BleEd Road

Naperville IL 60563-1198

EMERGENCY PHONE NO 800 424-9300

NET CONTENTS SHOWN ELSEWHERE ON CONTAINER

EPA REG NO 1706-179

EPA Est No

ACCEPTED

Q5

IJedarlbe FSoral lnseclftkme Fungicide and

Rodentride Act as amended tot the

crantvIjnder
31Fq

PRECAUTIONARV STATEMENTS

HAZARDS TO HUMANS AND DOMESTIC ANIMALS

DANGER CORROSIVE CAUSES SEVERE EYE AND SKIN INJURY HARMFUL IF INHALED HARMFUL

IF SWALLOWED Do not get in eyes on skin or on clothing Wear goggles or face shield and rubber gloves when handling

Remove and wash contaminated clothing before reuse Wash thoroughly after handling

ENVIRONMENTAL HAZARDS

This pesticide is toxic to fish and aquatic organisms Do not discharge effluent containing this product into lakes streams ponds

estuaries oceans or public waters unless in accordance with the requirements of National Pollution Discharge Elimination

System NPDES permit and the permitting authority has been notified in writing prior to discharge Do not discharge effluent

containing this product to sewer systems withoffi previously notifying the sewage treatment plant authority For guidance contact

your State Water Board or Regional Office of EPA Apply this pesticide only as speeitied on the label

DIRECTIONS FOR USE

It is violation of Federal Law to use this product in manner inconsistent with its labeling

COOLING PONDS

NOTE THIS USE NOT CURRENTLY AUTHORIZED IN NEW YORK

STABRFX ST 70 may be applied at the pond inlet or at location that permits complete diffusion into the water at maximum

retention time before reaching the outlet Sufficient STABREX ST 70 should be fed to maintain total bromine level of 4.5-9.0

ppm in all parts of the pond two fluid ounces per 1000 gallons of water yields 2.2 ppm total bromine

DECORATIVE FOUNTAINS

STABREX ST 70 may be applied at the fountain inlet or at location that permits complete diffusion into the water at maximum

retention time before reaching the outlet Sufficient STABREX ST 70 should be fed to maintain total bromine level of 4.5-9.0

ppm in all parts of the reservoir two fluid ounces per 1000 gallons of water yields 2.2 ppm total bromine

INDUSTRIAL AND COMMERCIAL RECIRCULATING COOLING WATER SYSTEMS

STABREX ST 70 should be applied directly to the cooling water at any section of the system where sufficient mixing will occur

STABREX ST 70 should be applied to the cooling water to provide total bromine level of 4.5-9.0 ppm STABREX ST 70 at

dosage of two fluid ounces per 1000 gallons of water gives dosage of approximately 2.2 ppm of total bromine but several

times that dosage may be required to provide total bromine level of 2.2 ppm throughout the system The total bromine level

should be checked with test kit and additional product applied until reading of 4.5-9.0 ppm is obtained at the bleed-off point

Some systems may he maintained in satisfactory biological condition by applying this dosage once per day while others will

respond better to dosages less than once per day

INDUSTRIAL PASTEURIZERS

Such as food beverage and industrial process pasteurizers

For control of bacteria and fungi in industrial pasteurizers add 3.5 -7.0 ounces of STABREX ST 70 per 1000 gallons of system

water to achieve control To maintain control add sufficient STABREX ST 70 to matntain 4.5-9.0 ppm total bromine throughout

the system Two fluid ounces per 1000 gallons of water yields 2.2 ppm total bromine

SHELL EGG PASTEURIZER WATER SYSTEMS

NOTE THIS USE NOT CURRENTLY AUTHORIZED IN CALIFORNIA

For control of bacteria fungi and associated slime in shell egg pasteurizer water systems add 3.5-7.0 ounces of STABR ST

70 per 1Q00 gallons of system water to achieve control To maintain control add sufficient STABREX ST 70 to maintain 4.5-9.0

ppm total bromine throughout the system Two fluid ounces per 1000 gallons of water yields 2.2 ppm total bromine

AIR WASHERS

This product may be used only ia industrial air washers and air washer systems which have mist-eliminoling components

For control of microorganisms in industrial air washer systems add sufficient STABREX ST 70 to the ar w..sher sump or chill

water to provide total bromine level of 4.5-9.0 ppm Badly fouled systems must be cleaned bernie treatment is begun

STABREX ST 70 at dosage of two fluid ounces per 1000 gallons of water gives dosage of approximately 2.2 çpm of total

bromine but several times that dosage may be required to provide total bromine level of 2.2 ppm throughout the system The

total bromine level should be checked with test kit and additional product applied until reading of 4.5 9.0 ppm is ontdined at

the bleed-off point Some systems may he maintained in satisfactory biological condition by applying this dosage Once per day
while others will respond better to dosages less than once per day

HEAT TRANSFER SYSTEMS

Such as Evaporative Condensers Hydrostatic Sterilliers and Retorts Dairy Ssseetwater Systems and Once-Through

Cooling Water Systems

STABREX ST 70 should be used at the same application rates and in the same manner as described above It should he added to

the system at point of uniform mixing such as basin area somp area or other reservoir or collecting area from which the

treated water wilt be circulated uniformly throughout the system

FOR PULP PAPER MILL INFLUENT WATER SYSTEMS

OTL THIS LSL MIT CURRINTLY AUTItRI/.Ffl IN ALIFORNIAI

STABREX ST 70 should be applied to the raw water intake prior to lie litter house ceunomtier or process water Feed at

dosage sufficient to provide total bromine leel of 4.5 9.0 ppm STABREX ST it at dosage of two fluid ounces per 1110

gallons of water gives dosage of approximately 2.2 ppm of total bromcne hut several times that dosage may be required to

provide total bromine level of 2.2 ppm throughout the system The total bromine level should be checked with test kit and

additional product applied until reading of 4.5 9.0 ppm is obtained Some systems may he maintained in satisfactory

biological condition by applying this dosage intermittently while others ma require continuous application STABREX ST 70

may he used in pulp and paper in fluent water systems where the manufactured paper or paperboard may be used for food contact

purposes

FOR PULP PAPER MILE PROCESS WATER SYSTEMS

T5oTh THIS NOT CURRENTLY AUTJORI7.ED IN CAtJFORN IA

STABREX ST 70 should he added to paper making system at point of uniform mixing such as the beaters broke chest pump

save-all tank or white water tank Feed at dosage sufficient to provide total bromine level of 4.5 9.0 ppm STABREX ST 70

at dosage of two fluid ounces per lt00 gallons of water gives dosage of approximately 2.2 ppm of total bromine but several

times that dosage may he required to provide total bromine level of 2.2 ppm throughout the system The total bromine level

should be checked with test kit and additional product applied until reading of 4.5 9.0 ppm is obtained Some systems may

be maintained in satisfactory hiotngical condition by applying this dosage intermittently while others may require continuous

application STABREX ST 70 may he used in pulp and paper mill process water systems where the manufactured paper or

paperhoard may be used for food contact purposes

INDUSTR1AL WASTE WATER IMPOUNDMENT WATER TREATMENT

MiTt TillS tsF NOT CIRRFN AtmltRI7.En tI.IFORNIA

Fur control of microorganisms in wastewater treatment system add sufficient STAUREX ST 7t to provide total bromine level

of 0.2-0.5 ppm Badly fouled systems must he cleaned before treatment is begun STABREX ST 70 at dosage of two fluid

ounces per 10000 gallons of water gives dosage of approximately 0.2 ppm of total bromine but several times that dosage may

he required to provide total bromine level of 11.2 ppm throughout the system The total bromine level should he checked with

test kit and additional product applied until reading of t.2-tt.5 ppm is obtained at the bleed-off point

NOTE Halogen dosages listed in the various applications are expressed as bromine Since most field test kits for oxidizing

halogens give values in terms of chlorine simply multiply the reading from the test kit as chlorine by 2.25 in nrder to obtain

the bromine equivalency listed in these directinns

STORAGE AND DISPOSAL

STORAGE Do not contaminate water food or feed by storage disposal or cleaning of equipment

PESTICIDE DISPOSAL Pesticide wastes are acutely haardous Improper disposal of excess pesticide spray mixture or

rinsate is violation of Federal law If these wastes cannot he disposed of by use according to label instructions contact your

State Pesticide or Environmental Control Agency or the Hazardous Waste representative at the nearest EPA Regional Office for

guidance

CONTAINER DISPOSAL

METAL CONTAINERS Triple rinse or equivalent Then offer for recycling or reconditioning or puncture and dispose of in

sanitary landfill or by other procedures approved by State and Local authorities

PLASTIC CONTAINERS Do not reuse empty container riple rinse or equivalent Then puncture and dispose of in

sanitary landfill or if allowed by State and Local authorities by burning If burned stay out of smoke
AUG 3.0 2007

1NALCO

MICROJRGANISM CONTROL CHEMICAL

EMERGENCY P1-lON

DIRECTIONS FOR USE coiitinu

PULP AND PAPERM ILL PROCES

SLUG FEED METHOD Initial Dose When the system is noticea

NALCON 60735 per lO.000gallons of 

10 ppm available chlorine Repeat un

systems nsust be cleaned before treatnseiit 

Subsequent Dose When microbial contro

NALCON 60735 per 10000 gallons of 

to maintain control and keep the chlorine 

INTERJ4II1ENT FEEb MET

Initial Dose When the system is noticeab

NALCON 60735 per 10000 gallons of 

ppm available chlorine Apply half or 1

half or 1/3 1/4 1/5 of the water in the 

Badly fouled nysrema must be cleaned befo

Substqueise Dose When microbial control 

NALCON 60735 per 10000 gallons of w

residual Apply half or 1/3 1/4 or 1/5 

1/4 1/5 of the water in the systemsi has been 

CONTINUOUS FEED METHO

Imiital Dose When the system is noticeabl

NALCON 60735 per 10000 gallons iii 

available chlorine Badly fouled systems 

begun

Subsequent Dose Maintain this treatmeni 

oz of NALCON 60735 per 1.000 gal

maintain 1.0 ppm residual

TIPRECAUTIONARY STATEMENTS HAZARDS TO HUMANS AND DOMESTIC ANIMALS

PE.COROS1VR

Nalcon 60735 after

ble

ENVIONMENTAL HAZARDS This pesticide is toxic to fish and aquatic organisim Do not discharge effluent

ACTIVE INGREDIENT contaming this product into Iake streams ponds estuaries oceaus or oilier

Sodium hypoclilorite

Ii 6%

waters unless in accordance with the requirements of National Pollutant INERT INGREDIENTS

88 4%

Discharge Eliitnnaiioii

System NPD permit and the pnnittiitg authority has TOTAl

100.0%

been notified to

writing prior to discharge Do not discharge effluent containing .....

treatment plant authority For guidance contact your State Water Board or

this product to sewer systems without previously notifying the local

sewage

EPA Reg No

I706- Regional Office of the EPA

EPA Est No l706 IL-I BP EPA st No 1706- PA-rEL PHYSICAL AND CHEMICAL HAZARDS TRONG OXIDIZING AGENT Mix otily with water according to label .rectiots Mixitig this product with grosa filth such as feces urine etc. or

Letter in

that matches first letter ri

batch number identifies the

wjth ammonia acids detergents or other chensiesis will release hazardous gases

entabljshme number

initatlttg to eyes lutigs and mucous membranes

STORAGE AND DISPOSAL Il

AGEstoreiiiacootdrYplsceawnyrndctsunliglitIiicaseofaj

Do not conlansinate water food or feed by storage or disposal 9t3tD KEEP OUT OF REACH OF CHILDREN spill flood area will1

large quantities of water

PESTICIDE DISPOSAL Product or rinsate that cannot be used should be diluted with water and disposed of in

sanitary sewer.Wastes resultimtg from the

DST All use

facility

of this product may be disposed of on site or at au approved waste disposal

IF IN EYES Hold eyes open and rinse slowly and gently with

and either return empty container to manufacturer or bury in an approved

CONTAINER DISPOSAL Rinse empty container thoroughly with water water for 15-20 minutes Remove contact lensea if

present after the first

minutes then continue rinsing Call poison control

tadfill

IF SWALLOWED Call poison control center or doctor

center or doctor for treatment advice

immediataly for treatment advice Have pernon sip glass of

DCTIONS FOR USE

ter if able to swallow Do not induce vomiting unless told by

It isa violation of Federal Law to use this product in manlier incOnsistent with

poison control center or doctor

us labeling

9pmM-c IF ON SKIN Take off Contaminated clothing Rinse skin

NO with age Use chlorine test kit aiid increase immediately with plen of water for 15-20 minutes Call

dosage as necessary to obtaiii the required level of available chlorine

poison control center or doctor for treatment advice IF INHALED Move person to freah air If pemon is not

or the control bacteria algae and fisigi add this sodium Itypoclilorite solution

breathing call 911 or ambulances then give artificial

to tower basin distribution box orsome other point in the system tomaaore

respiration preferably mouth-to-mouth if possible Call

uniform mixing

ere poison control center or doctor for treatment advice DIRECTIONS FOR USE CONTINUED ON RI NOTE TO PHYSICIN Probable mucosal danage may

PANEL

contraindicate the use of gastric lavage Measures againt circulatory

th shock reapiratoiy depression and convulsion may be needed Have the MSDS with you when calling poison control center or doctor pp etrDaci or going for treatment

SEE LEFT SIDE PANEL FOR ADDITIONAL

PRECAUTIONARY STATEMENTS

Nalco Company

1601 West Diehi Road

Naperville IL 60563-1198

Hypochlorjte solution UN1 791 PG II

ndrti- cC1IT

_s

LQ

SHOWN ELSEWH
PRECAUTIONARY STATEMENTS IIA7.ARDS TO HUMANS

AND DOMESTIC ANIMALS

DANGER CORROSIVE MAY CAUSE SEVERE SKIN

IRRITATION OR CHEMICAL BURNS TO BROKEN SKIN

CAUSES EYE DAMAGE

Do not get in eyes on skin or on clothing Wear goggles or face shield and

rubber gloves PVC or Nitsile when handling this

product Wash after

handling Avoid breathing vapors Vacate poorly ventilated areas as soon as

possible Do not return until odors have dissipated

ENVIRONMENTAL HAZARDS

This pesticide is toxic to fish and aquatic organisms Do not discharge effluent

containing this product into laices streams ponds estuaries oceans or other

waters unless in accordance with the requirements of National Pollutant

Discharge Elimination System NPDES permit and the permitting authority has

been notified in writing prior to discharge Do not discharge effluent containing

this product to sewrr systems without previously notifying the local sewage

treatment plant authority For guidance contact your State Water Board or

Regional Office of the EPA

PHYSICAL AND CHEMICAL HAZARDS

STRONG OXIDIZING AGENT Mix only with water according to label

directions Mixing this product with gsoss filth such as feces urine etc or

with ammoni acids detergents or other chemicals will release hazanlous gases

irritating to eyes lungs and mucous membranes

DIRECTIONS FOR USE

It is violation of Frderal Law to use this product ins manner inconsistent with

its labeling

NOTE This product degrades with age Use chlonne test kit and increase

dosage as necessary to obtain the required level of available chlorine

For the control hastens algae and fungi add this sodium hypochlorite solution

to tower basin distnhution box or some other point in the system to insure

uniform mixing

DIRECTIONS FOR USE CONTINUED 034 RIGHT SIDE PANEL

NFl ONTENTS SHOWN F.1.SEWFIERE ON CONTAINER

ONDEO

Nako

Nalco 7341

MICROORGANISM CONTROL CHEMICAL

ACTIVE INGREDIENr

Sodium hwochlorite 115%

INERT INGREDIENTS S73%

TOTAL 100.0%

EPA Repstration No 70620001

EPA Establishment No 1744-NH-i 00550-GA-tb

KEEP OUT OF REACH OF CHILDREN

DANGER

SEE LEFT SIDE PANEL FOR ADDITIONAl PRECAITDONARV

STATEMENTS

ONDEO Nalco Company

Ondeo Nalcn Center

Napcrville IL 611563.1195

F.MF.RGENCY PHONE NO 500 424-9300

DIRECTIONS FOR 

COOLING TOWER 

AND PULP AND PAP

SLUG FEED ME

Initial Dose When the sy

NALCO 7341 per 10000 

ppm availtrle chlorine R

must be cleated before trea

Subsequent Dose When m

NALCO 7341 per 10000 

maintain control end keep 

INTERMITIENT 

Initial Dose When the sy

NALCO 7341 per 10000 

available chlorine Apply 

or 1/3 1/4 1/5 of the w

fouled systems must be cl

Subsequent Dose When 

NALCO 7341 per 10000 

residual Apply half or 

1/4 1/5 of the water in th

CONTINUOUS 

Initial Done When the s

NALCO 7341 per 10000 

chlorine Badly fouled sy

Subsequent Dose Mainta

ox ofNALCO 7341 per 

1.0 ppm residual

METhO

Slug Feed to obtain 5.10 

Subsequent Dose to mainta

Intermittent Feed to obtain 

Suhseqoast Dose to masnta

ContinuousFeedtoohtain5-

Subsequent Dose per 100

maintain ppm residual

STORAGE AND DISPOSAL

Store in cool dry srea away from direct sunlight In case of spill flood area

with large quantities of water Rinse empty container thoroughly with water

and either retum empty container thoroughly with water and either return empty

container to manufacturer or bury in an rproved landfill Product or nnsate

that cannot be used should be diluted with water asd disposed of in iisasitary

sewer Wastes resulting from the use of this product may be disposed of on site

or at an approved waste disposal facility Do not contsminste water food or

feed by storage or disposal

FIRST AID

IF IN EYES Hold eyes open and rinse slowly and gently with

water for 15-20 minutes Remove contact lenses if present after

the first minutes then continue rinsing Call poison control

center or doctor for treatment advice

IF SWALLOWED Call poison control center or doctor

immediately for treatment advice Have person sip glass of

water if able to swallow Do not induce vomiting unless told by

poison control center or doctor

IF ON SKIN Take off contaminated clothing Rinse skin

immediately with plenty of water for 15-20 minutes Call

poison control center tsr doctor for treatment advice

IF INHALED Move person to fresh air If person is not

breathing call 911 or ambulances then give artificial

respiration preferably mouth-to-mouth if possible Call

poison control center or doctor for treatment advice

NOTE TO PHYSICIAN Probable mucosal damage may

contraindicate the use of gastric lavage Measures against circulatory

shock respiratory depression and convulsion may be needed Have

the MSDS with you when cslling poison control center or doctor

or going for treatment

T

JUNS 

UUdtheFSSkiRm 

lpSSed.

Rev 3/2of2uo
PRECAUTiONARY STATEMENTS HAZARDS

TO HUMANS AND DOMESTIC ANIMALS

DANGER CORROSIVE MAY CAUSE SEVERE SKiN

AND EYE IRRITATION OR CHEMICAL BURNS TO

BROKEN SKIN CAUSES EYE DAMAGE Do not get in

eyes on skin or on clothing Wear goggles or face shield and

rubber gloves PVC or Nitrile when handling this produet

Wash after handling Avoid breathing vapors Vacate poorly

ventilated areas as soon as possible fin not return until odors

have dissipated

ENVIRONMENTAL HAZARDS

This pesticide is toxic to fish and aquatic organisms Do not

discharge effluent containing this product into lakes streams

ponds estuaries oceans or other waters unless in accordance

with the requirements of National Pollutant Discharge

Elimination System NPDES permit and the permitting

authority has been notified in writing prior to discharge Do

not discharge effluent containing this product to sewer systems

without previously notifying the local sewage treatment plant

authority For guidance contact your State Water Hoard or

Regional Office of the EPA

PHYSICAL AND CI-IEMICAL HAZARDS

OXIDIZING AGENT Mix only with water according to label

directions Mixing this product with gross filth such as feces

ut-the etc or with ammonia acids detergents or other

chemicals will release hazardous gases irritating to eyes lungs

and mucous membranes

otONDEO

Nako

92WT004

ACTIVE INGREDIENT

Sodium hypochlorite 100/

INERT INGREDtENTS 90%

TOTAL 100%

KEEP OUT OF REACH OF CHILDREN

DANGER

SEE SIDE PANEL FOR ADDITIONAL PRECAUTIONARY

STATEMENTS

EPA REG NO 1706-20002 EPA EST NO 8576-GA-i

ONDEO Nalco Company

ONDEO Nalco Center

Naperville IL 60563

EMERGENCY PHONE NO 800 424-9300

DIRECTIONS 

It is violation of 

inconsistent with it

COOLING TOWE

SLIJG FEED 

Initial Dose When 

amount of 92WT0

obtain from to 10 

achieved

Subsequent Dose 

amount of 92WT0

or as needed to ma

ppm Badly fouled 

INTERMIYIE

Initial Dose When 

amount of 92WT0

obtain from tn 10 

1/5 ofthis initial 

system has been lo

Subsequent Dose 

amount of 92WT

oblain ppm res

dose when half o

lost by hlowdown 

trealment is begun

CONTINUOUS 

Initial Dose When 

amount of 92WT

obtain from to 1

Subsequent Dose 

continuous feed o

blowdown to main

he cleaned before 

FiRST AID

IF IN EYES Hold eyes open and rinse slowly and gently

with water for 15-20 minutes Remove contact lenses if

present after the first mInutes then continue rinsing Call

poison control center or doctor for treatment advice

IF SWALLOWED Call poison control center or doctor

immediately for treatment advice Have person sip glass

of water If able to swallow Do not induce vomiting unless

told by poison control center or doctor

IF ON SKIN Take off contaminated clothing Rinse skin

immediately with plenty of water for 15-20 minutes Call

poison control center or doctor for treatment advice

IF INHALED Move person to fresh air If person is not

breathing call 911 or ambulances then give artificial

respiration preferably mouth-to-mouth if possible Call

poison control center or doctor for treatment advice

NOTE TO PHYSICIAN Probable mucosal damage may

contraindicate Ihe use of gastric lavage Measures against

circulatory shock respiratory depression and convulsion may be

needed Have the MSDS with you when calling poison control

center or doctor or going for treatment

SrORAGE AND DISPOSAL

Store this product in cool dry area away from direct sunlight

and heat to avoid deterioration In case of spill flood area with

large quantities of water Rinse empty container thoroughly

with water and either return empty container to manufacturer or

bury in an approved landfill Product or rinsate that cannot be

used should he diluted with water and disposed of in sanitary

cever Wastes resulting from the use of this product may he

disposed of on site or at an approved waste disposal facility

Do not contaminate water food or feed by storage or disposal

NET CONTENTS SHOWN ELSEWHERE ON CONTAINER

ONLY FOR SALE TO USE OR STO LAGE BY SERVICE

PERSONS OR INDuSTRIAL USER

JUN 2003

Under the Federal lnsecticide Fungicide aid

Rodenticpde Act as amended for the

pestIcide registered under

Rev 3/20/2001 EPA fleg No

COOLING 

EVAPoRATIV

METHOD 

Slug Feed to ob

Subsequent Dos

Maintain ppm 

Intermittent Fee

Subsequent Dos

Maintain ppm 

Continuous Fee

Subsequent Dos

Maintain ppm 

rEsnrsmnNrnNTAm4s sirlrst rrvnnctr ORrTE 1114 1791 ITT
EXHIBIT
JNNYSOL 150

ac1Wt INOSOIENT NOMINAL CONCENTEATION.....d

SODIUM HVPOCHLOEITE 250t6

INERT INGREDIENTS S7.Oi NV SQL T0YP.L 100-005

KEEP OUT OF REACH OF CHILDREN

DANGER Soc first aid on side panel

DIRECTIONS FOR USE If IS VIOLATION OF FEDERAL LAW ía usc fl-ItS

PRODUCT IN MANNER INCONSISTENT WITH ITS LABELING

NOTE This product degrades with age Use chlorine test kit and increase dosage as necessary to obtain the

required level of available chlorine

SWIMMING POOL WATER DISINFECTION

For new pool or spring start-up superchlorlnate with 52 to 404 oz of product for each 10 000 gallons of water to yield

to 10 ppm available chlorine by weight Check the level of available chlorine with test kit Adjust and maintain pool

water pH to between tn Adjust and maintain the alkalinity of the pool to between 50 to 100 ppm

To maintain the pool add manually or by feeder device 11 07 ut this product for eacti 10000 gallons ol wate to yield

an available chlorine residual betWeen to ppm by weight Stabilized pools should maintain resIdual ot to

ppm available chlorine Test the pH available chlorine residual and alkalinity of the water frequently with appropriate

test kits Frequency of water treatment will depend upon temperature and number of swrnlniers

Every days or as necessary superchlorinate the pool with 52 to 104 oz of product for each ioooo gallons ot water to

yield to 10 ppm available chlorine by weight Check the level of available chlorIne with tesi kit Do not reenter pool

until the chlorine residual is between to ppm

At the end of the swimming pool season or when water is to be drained from the pool chlorine must be allowed to

dissipate from treated pool water before discharge Do not chlorinate the pool within 7l hours prior io discharge

jlrjt HIFING pOOLS vvhile waler IS still clear c-lean apply 07 ol product rei 11110 callure- while liii iic urn 11111

to obtain ppm aariable chlorine residual as determined by suitable test kit Cover pool prepare healoi hIlL-I and

neater components tar winter by following manutacturers instructions

DISINFECTION OF DRINKING WATER

PUBLIC SYSTSh1a Mix ratio of oz of this product to 100 gallons of water Begin teeding this solutIon with

nypochlorinator until tree available chlorine residual or at least ppm rind no rnnrr than ppm attairirci

lliroughoul the distribLilion systenn Check water irrcltloritly with .i hI rruurr le-l kit in lii irRiJic..ri -.i iripliun liii .1

çurolucted at liequerrcy rio less than that prescribed by tIre National lriteuiili Ieiiuui Ininknrg liVatii l-rquI.ilirri

Contact your local Health Department tor further details

SEWAGE WASTEWATER EFFLUENT TREATMENT

The disinrection of sewage effluent must be evaluated by determining the total number 01 colitorm bacteria and/or tecal

coliform bacteria as deteririlned by the Most Probable Number MPN procedure or the chlorinated effluent has been

reduced tO or below the maximum permitted by the controlling regulatory jurisdiction

On the average satisfactory disinfection of secondary wastewater effluent can be obtained when the chlorine residual ic

ppm after is minutes contact Although the chlorine residual is the critical factor in disinfection the importance of

correlating chlorine residual with bacterial kill must be emphasized The MPN of the erfluent which is directly related to

the water quality standards requirements should be the final and primary standard and the chlorine residual should be

considered an operating standard valid only to the extent verified by the coliform quality of the etfluent

The rollowing are critical factors affecting wastewater disinfection

Mixing It is imperaiive that the product and the wastewater he inrrtanlanecrtisly arch rrrrnpletnly llzis ii iriixrrl Icr .iAsrii

reaction with every crremrcally active soluble and particulate component ot the war.icwaloi

Contacting Upon flash mixing the flow through the system must be maintained

Dosage/Residual Control Successful disinfection is extremely dependent on response to fluctuating chlorine

demand tO maintain predetermined desirable chlorine level Secondary effluent should contain to ppm

chlorine residual after 15 to 30 minute contact time resonable average of residual chlorine is pprrr aFter

rnrrrules contact tune

lease contact your local JCI Jones Cnemrcals Iruc ottice for additional directions trio use

Net Contents Gallons

Rev 1/01

iervlew Ml MerrInlack NH Cliarlolte NC Ft Lauderdale FL Jackwiiville FL Beech Grove IN MIltord VA Tacouia WA Torrance CA
FIRST AID IF ON SKIN OR CLOTF-IINC Take oil contamin

Rinse skin immediately with plenty of water for 15-20 minute

control center or doctor for treatment advice IF IN EYES H

rinse slowly and gently with water for 15 20 minutes Remov

if present after the first minutes then continue rinsing eye 

center or doctor treatment advice IF SWALLOWED Ca

or doctor immediately for treatment advice Have person sip 

to swallow Do not induce vomiting unless told to do so by th

or doctor Do not give anything by mouth to an unconscious 

Move person to tresh air It person is not Sn eattiii ig call 91 

give artificial respiration preterably by mouth to.-rriouth if po

control center or doctor for further treatment advice Have th

label with you when calling poison control center or dodd 

NOTE TO PHYStCIAN probable 

may contraindicate the use of gastr

PRECAUTIONARY STATEMENTS

HAZARDS TO HUMANS AND DO

ANIMALS DANGER Corrosive 

skin irritation or chemical burns to 

Causes eye damage Do not gel i

on clothing Vvear goggles or face 

gloves when handling this product 

handling Avoid breattiii vapoi 

ventilated areas as soon as possib

until odors have dissipated

ENVIRONMENTAL HAZARDS Thi

aquatic organisms Do not dischartp 

product into lakes sin tsi rn is pci iris 

waters unless in acccirdaiict with 11FF 

Pollutant Discharge Elimination Sysic

pciiiiittiiict iiiihuiily lii liecur irniiliitL 

Do ioi Elisci iiigr ciii iimiii cur it .iiiuniu ii 

tvithout previously notitying the sewag

oi guidance contact your State Wat

EPA

PHYSICAL AND CHEMiCAL HAZARDS

id STRONG OXIDIZING AGENT Mix only with 

directions Mixing this producl with gross tultli 

with ammonia acids detergents on other ch

hazardous gasses iii ilatung to eyes lungs u

JUl tb CC tJ TORAGE AND DISPOSAL Storm iliis pncich

kid- fpm direct sunlight and heat to avoid cleteririr 

leas with arçp quantities ci waiui Pr odiici 

ed should be diluted with wateu beioie dispo

rht reuse emotv container but place in trash c

T\L%4_OO0 contaminate toed or feed by storagc disposal 

Corporate Ottice Sarasota FL Branch Locations London UK Caledonia 

Manufactured By

JCI Jones Chemicals inc

EPA Registration Number 744-20001

EPA Establishment Number

Put an in permanent ink next to the

appropriate establishment below

174-4-CA

144 FL-I

/44

1744iN

1744-Mi

744-NC-2

1744-NH

1744-NY

114-4-NY

1144-OH

1744 VA-i

1144-WA

tr

IIIIRIIIlE

Hypochiorite Solutions

UN 1791 PC Ill

CAS 7681 -52-9

RO 100 Pounds

200

AN5I/NSF 61

nitikktNu WATN1I

II6IAt MFIit Ailtiti tYKS

0N76
DIRECTIONS FOR USE

SUNNY SOL 150

SWIMMING POOL \VATER DISINFECTION

For nea pool or spring start-up superchlorinate with 52 to 104 oz of product for each 10.000 gallons of water to yield to 10 ppm available

chlorine weight Check the level of available chlorine with test kit Adjust and maintain pool water p14 to between 7.2 to 7.6 Adjust and

maintain the alkalinity of the pooi to between 50 to IOU ppm

To maintain the pool add manually or by feeder device ii oz of this product for each 10000 gallons of water to yield an available chlorine

residual between 0.6 to 1.0 ppm by weight Stabilized pools should maintain residual of 1.0 to 1.5 ppm available chlorine Test the pH available

chlorine residual and alkalinity of the water frequently with appropriate test kits Frequency of water treatment will depend upon temperature and

number of swimmers

Every days or as necessary superchlorinate the pool with 52 to 104 oz of product for each 10000 gallons of water to yield to 10 ppm available

chlorine by weight Check the level of available chlorine with test kit Do not reenter pool until the chlorine residual is between 1.0 to 3.0 ppm

At the end of the ss imming pool season or when water is to be drained from the pool chlorine must be allowed to dissipate from treated pool water

before discharge Do not chlorinate the pool within 24 hours prior to discharge

WINTERIZING POOLS While water is still clear clean apply oz of product per 1000 gallons while filter is running to obtain ppm

available chlorine residual as determined by suitable test kit Cover pool prepare heater filter and heater components for winter by following

manufacturers instructions

SPAS hOT-TUBS IMMERSION TANKS ETC

SPAS/lCD -1 UBS Apply cc of product per WOO gallons ol water to obtain free available chlorine concentration of5 ppm as determined by

suitable chlorine test kit Adjust and maintain pool water p1-I to between 7.2 and 7.8 Some oils lotions fragrances cleaners etc may cause foaming

or cloud water as well as reduce the efficiency of the product To maintain the water apply oz of product per 1000 gallons of water over the

surface to maintain chlorine concentration of ppm

After each use shock treat ith oz of this product per 500 gallons of water to control odor and algae

During c\unded periods of disuse ado oz of product daily per 1000 gallons of ater to maintain ppm chlorine concentration

II.IBBARD AND l\tMERSION TANKS Add oz of this product per 200 gatlons of water before patient use in obtain chlorine residual of

25 ppm as determined suitable test kit Adjust and maintain the sater p1-1 to between 7.2 and 7.6 After each use drain the tank Add oz to

bucket of water and circulate this solution throughout the agitator of the tank for 15 minutes and then rinse out the solution Clean tank thoroughly

and dry and clean cloths

Not appo\ cd for this use in the State of California

ItYDRO ERAPY TANKS Add oi ci this product per 1000 gallonsof water to obtain chlorine residual of ppm as dctemnned by suitable

chlorine test kit Pool should not be entered until the chlorine residual is below ppm Adjust and maintain the water pFT to hetwcen 7.2 and 7.6

Operate pnoi 10cr continuouy Dra.ii pool weekly and clean hefare jefillino

\V COMI4IElTS

inFALctterDat2d

MAR 2001

fur tOic o.cai in ecuctde

._iciw.incit.cueAOtas 44

dod nr the pestietl

rcd UIIdLI LiA Re No

JCI Jones Chemicals Inc Sunny Sol 150- EPA REG NQ 1744-20001

.444
$7

SAN ITIZATION OF NONPOROUS FOOD CONTACT SURFACES

RINSE METHOD solution of 100 ppm available chlorine may be used in the sanitizing solution if chlorine test kit is available Solutions

containing an initial concentration of 100 ppm available chlorine must be tested and adjusted periodically to insure that the available chlorine does

not drop below 50 ppm Prepare 100 ppm sanitizing solution by thoroughly mixing oz of this product with 10 gallons of water If no test kit is

available prepare sanitizing solution by thoroughly mixing oz of this product with 10 gallons of water to provide approximately 200 ppm

available chlorine bs weight

Clean equipment surfaces in the normal manner Prior to use rinse all surfaces thoroughly with the sanitizing solution maintaining contact with the

sanitizer for at least minutes If solution contains less than 50 ppm available chlorine as determined by suitable test kit either discard the

solution or add sufficient product to reestablish 200 ppm residual Do not rinse equipment with water after treatment and do not soak equipment

overnight

Sanitizers used in automated systems may be used for general cleaning but may not be re-used for sanitizing purposes

IMMERSION METHOD solution of 100 ppm available chlorine may be used in the sanitizing solution if chlorine test kit is available

solutions containing an initial concentration of 100 ppm available chlorine must be tested and adjusted periodically to insure that the available

chlorine does not drop below 50 ppm Prepare 100 ppm sanitizing solution by thoroughly mixing oz of this product with 10 gallons of water If

no test kit is available prepare sanitizing solution by thoroughly mixing oz ofthis product with 10 gallons of water to provide approximately 200

ppm available chlorine by weight

Clean equipment in the normal manner Prior to use immerse equipment in the sanitizino solution for at least minutes and allow the sanitizer to

drain If solution contains less than 50 ppm available chlorine as determined by suitable test kit either discard the solution or add sufficient

product to reestablish 200 ppm residual Do not rinse equipment with water after treaunent

Sanitizers used in automated systems may be used for general cleaning but may not be re-used for sanitizing purposes

FLOW/PRESSURE METHOD Disassemble equipment and thoroughly clean after use Assemble equipment in operating position prior to use

Prepare volume of 200 ppm available chlorine sanitizing solution equal to 110% of volume capacity of the equipment mixing the product in

ratio of oz product with 10 gallons of water Pump solution through the system urtil full flow is obtained at all extremities the system

completely filled with the sanitizer and all air is removed from the system Close drain valves and hold under pressure for at least niinutesto insure

contact with all internal surfaces Remove some cleaning solution from drain valve and test with chlorine test kit Repeat entire cleaning/sanitizing

process if effluent contains less than 50 ppm available chlorine

CLEAN-IN-PLACE METHOD Thoroughly clean equipment after use Prepare volume of 200 ppm available chlorine sanitizing solution equal

to 110% of volume capacity ofthe equipment by mixing the product in ratio of oz product ss ith 10 gallons of water Pump solution through the

system until full flow is obtained at all extremities the system is completely filled with the sanitizer and all air is removed from the sstem Clnse

drain valve and hold under pressure for at least 10 minutes to insure contact ss ith all internal surfaces Remove some cleaning solution from drain

valve and test with chlorine test kit Repeat entire cleaning/sanitizing process if effluent contains less than 50 ppm available chlorine

SPRAY/FOG METhOD Preclean all surfaces after use Use 200 ppm available chlorine solution to control bacteria mold or lungi and 600

ppm solution to control bacteriophage Prepare 200 ppm sanitizing solution of sufficient size by thoroughly mixing the product in ratio of oz

product with 10 gal Ions of water Prepare 600 ppm solution by thoroughly mixing the product in ratio of oz product sith 10 gal Ions of water

Use spray or fogging equipment which can resist hypochiorite solutions AIss ays empty and rinse spray/fog equipment ith potable water after use

Thoroughly spras or fog all surfaces until wet allowing excess sanitizer to drain Vacate area for at least hours Prior to using equipment rinse all

surfaces treated with 600 ppm solution with 200 ppm solution

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JCI Jones Chemicals Inc Sunny Sol 150- EPA REG NO 1744-20001
SANITJZATION OF POROUS FOOD CONTACT SURFACES

RINSE METHOD Prepare 600 ppm solution by thoroughly mixing oz of this product with 10 gallons of water Clean surfaces in the normal

manner Rinse all surfaces thoroughly with the 600 ppm solution maintaining contact for at least minutes Prepare 200 ppm sanitizing solution

by thoroughly mixing oz of this product with 10 gallons of water Prior to using equipment rinse all surfaces with 200 ppm available chlorine

solution Do not rinse and do not soak equipment overnight

IMMERSION METHOD Prepare 600 ppm solution by thoroughly mixing in an immersion tank oz of this product with 10 gallons of water

Clean equipment in the normal manner Immerse equipment in the 600 ppm solution for at least minutes Prepare 200 ppm sanitizing solution

thoroughly mixing oz of this product with 10 gallons of water Prior to using equipment immerse all surfaces in 200 ppm available chlorine

solution Do not rinse and do not soak equipment overnight

SPRAY/FOG METHOD Preclean all surfaces after use Prepare 600 ppm available chlorine sanitizing solution of sufficient size by thoroughly

mixing the product in ratio of oz product with 10 gallons of water Use spray or fogging equipment which can resist hypochlorite solutions

Always empty and rinse spray/fog eqoipment with potable water after use Thoroughly spray or fog all surfaces until wet allowing excess sanitizer

to drain Vacate area for at least hours Prior io using equipmeni rinse all surfaces with 200 ppm available chlorine solution Prepare 200 ppm

sanitizing solution by thoroughly mixing oz of this product with 10 gallons of water

SAN ITIZATION OF NONPOROUS NON-FOOD CONTACT SURFACES

RINSE METHOD Prepare sanitizing solution by thoroughly mixing oz of this product with 10 gallons ofvaterto provide approximately 200

ppm available chlorine by weight Clean equipment surfaces in the normal manner Prior to use rinse all surfaces thoroughly with the sanitizing

colution maintaining contact with the sanitizer for at least minutes Do not rinse equipment with water after treatment and do not soak equipment

overnight

IN1MERSION METHOD Prepare sanitizing solution by thoroughly mixing in an immersion tank oz of this product with 10 gallons of water to

provide approximately 200 ppm available chlorine by weight Clean equipment in the normal manner Prior to use immerse equipment in the

sanitizing solution for at least minutes and allo the sanitizer to drain Do not rinse equipment with water after treatment

SPRAY/FOG METHOD Prcclean all surfaces after usc Prepare 200 ppm available chlorine sanitizing solution of sufficient size thoroughly

mixing the product in ratio of oz product with 10 gallons of water Use spray or fogging equipment which can resist hvpochlorite solutions

Prior to using equipment thoroughly spray or fog all surfaces until wet allowing excess sanitizer to drain Vacate area for at least hours

DISINFECTION OF NONPOROUS NON-FOOD CONTACT SURFACES

IUNSE METHOD Prepare disinfectino solution by thoroughly mixing oz of this product ith 10 gallons of waterto provide approximately 600

ppm available chlorine weight Clean cquinmer.t surfaces in the normal manner Prior to use rinse all surfaces thoroughi with the disinfccting

solution maintaining contact with the solution for at least 10 minutes do not rinse equipment with water after treatment and do not soak equipment

o\ ernight

IMMERSION METHOD- Prepare disinfectino solution by thoroughly mixing in an immersion tank oz of this product with 10 gallons ofwater

to provide approximately 600 ppm available chlorine by weight Clean equipment in the disinfecting solution for at least JO minutes and allow the

sanitizer to drain Do not rinse equipment with tater after treatment

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JCI Jones Chemicals Inc Sunny Sol 150- EPA REG NO 1744-20001
3/

SAN IT1ZATION OF POROUS NON-FOOD CONTACT SURFACES

RINSE METHOD Prepare sanitizing solution by thoroughly mixing oz of this product with 10 gallons of water to provide approximately 600

ppm available chlorine by weight Clean surfaces in the normal manner Prior to use rinse all surfaces thoroughly with the sanitizing solution

maintaining contact with the sanitizer for at least minutes Do not rinse equipment with water after treatment and do not soak equipment overnight

IMMERSION METHOD Prepare sanitizing solution by thoroughly mixing in an immersion tank oz ofthis product with 10 gallonsofwaterto

provide approximately 600 ppm availahle chlorine by weight Clean equipment in the normal manner Prior to use immerse equipment in the

sanitizing solution for at least minutes and allow the sanitizer to drain Do not rinse equipment with water after treatment

SPRAY/FOG METHOD After cleaning sanitize non-food contact surfaces with 600 ppm available chlorine by thoroughly mixing the product in

ratio of oz of this product with 10 gallons of water Use spray or fogging equipment which can resist hpochlorite solutions Always empty and

rinse spray/fog equipment with potable water after use Prior to using equipment thoroughly spray or fog all surfaces until wet allowing excess

sanitizer to drain Vacate area for at least hours

SEWAGE WASTEWATER EFFLUENT TREATMENT

The disinfection of sewage effluent must be evaluated by determining the total number of coliform bacteria and/or fecal coliform bacteria as

determined by the Most Probable Number MPN procedure of the chlorinated effluent has been reduced to or below the maximum permitted by the

controlling regulatory jurisdiction

On the average satisfactory disinfection of secondary wastewater effluent can be obtained then the chlorine residual is 0.5 ppm after 15 minutes

contact Although the chlorine residual is the critical factor in disinfection the importance of correlating chlorine residual with bacterial kill must be

emphasized The MPN of the effluent which is directly related to the water quality standards requirements should be the final and primary standard

and the chlorine residual should be considered an operating standard valid only to the extent verified by the coliform quality of the effluent

The following are critical factors affecting wastewater disinfection

Mixing It is imperative that the product and the wastewater be instantaneousl and completely flash mixed to assure reaction

with even ehemicall actie soluble and particulate component of the 1e\vater

Contacting Upon flash mixing the flow through the system must be maintained

Dosage/Residual Control Successful disinfection is extremely dependent on response to fluctuating chlorine demand to

maintain predetermined desirable chlorine level Secondary effluent should contain to 1.0 ppm chlorine residual after iS

to 30 minute contact time reasonable average of residual chlorine is 0.5 ppm after IS minutes contact time

SEWAGE AND WASTEWATER TREATMENT

EFFLUENT SLIME CONTROL Apply 100 to 1000 ppm ailabie chlorine solution at oction vhich vill allo\ complete mixing Prepare this

solution by mixing lOto 100 or of this product with 100 gallons of water Once control is evident appl 15 ppm available chlorine solution

Prepare this solution by mixing 1.5 oz of this product with 100 gallons of water

FILTER BEDS SL1ME CONTROL Remove filter from service drain to depth of ft abate filter sand and add 8Ooi of product per 20 sq/f

et enlv over the surface Wait 30 minutes before draining water to level that is et en tb the top of the filter Wait for to hours before

completely draining and backwashing filter

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JCI Jones Chemicals Inc Sunny Sol 150- EPA REG NO 1744-20001
1/3

DISINFECTION OF DRINKING WATER EMERGENCY/PUBLJC/INDIVIDUAL SYSTEMS

PUBLIC SYSTEMS Mix ratio of oi of this product to 100 gallons of water Begin feeding this solution with hypochiorinator until free

available chlorine residual of at least 0.2 ppm and no more than 0.6 ppm is attained throughout the distribution system Check water frequently with

chlorine test kit Bacteriological sampling must be conducted at frequency no less than that prescribed by the National interim Primary Drinking

Water Regulations Contact our local Health Department for further details

INDIVIDUAL SYSTEMS DUG WELLS Upon completion of the casing lining wash thc interior of the casing lining with 100 ppm available

chlorine solution using stiff brush This solution can be made by thoroughly mixing or of this product into 10 gallons of water After covering

the well pour the sanitizing solution into the well through both the pipe sleeve opening and the pipeline Wash the exterior of the pump cylinder also

with the sanitizing solution Start pump and pump water until strong odor of chlorine in water is noted Stop pump and wait at least 24 hours After

24 hours flush well until all traces of chlorine have been removed from the water Consult your local Health Department for further details

INDIVIDUAL WATER SYSTEMS DRILLED DRIVEN BORED WELLS -Run pump until water is as free from turbidity as possible Pour

100 ppm available chlorine sanitizing solution into the well This solution can be made by thoroughly mixing oz ofthis product into 10 gallons of

water Add to 10 gallons of clean chlorinated water to the well in order to force the sanitizer into the rock formation \Vash the exterior of pump

cylinder with the sanitizer Dro pipeline into well start pump and pump water until strong odor of chlorine in water is noted Stop pump and wait

at least 24 hours After 24 hours flush well until all traces of chlorine have been removed from the water Deep wells with high water levels may

necessitate the use of special methods for introduction of the sanitizer into the well Consult your local Health Department for further details

INDIVIDUAL \VATER SYSTEMS FLOWING ARTESIAN WELLS Artesian wells generally do not require disinfection fanalyses indicate

persistent contantination the well should be disinfected Consult your local Iealth Department for further details

EMERGENCY DISINFECTION When boiling of water for minute is not practical water can be made potable by using this product Prior to

addition of the sanitizer remove all suspended material by filtration or by allowing it to settle to the bottom Decant the cla.cjFed contaminated

water to clean container and add drop of this product to 20 gallons of water Allow the treated water to stand for 30 minutes Properly treated

water should have slight chlorine odor if not repeat dosage and allow the water to stand and additional 15 minutes The treated water can then be

made palatable pouring it between clean containers for several times

PUBLIC WATER SYSTEMS

RESERVOIRS ALGAE CONTROL l-lvpochlorinate streams feeding the reservoir Suitable feeding points should he selected on each stream at

least 50 yards upstream from the points of entry into the reservoir

MAINS Thoroughly flush seetton to be sanitized discharging from hydrants Permit water flow of at least 2.5 feet per minute to eoniinue

under pressure while injecting this product by means ofa hvpechlorinator Stop water flow when chlorine residual test ofSO ppm is obtained at the

low pressure end of the new matn section after 24 hour retention time When chlorination is completed the system most be flushed free of all

heavily chlorinated water

NEW TANKS BASINS ETC.- Remove afi physical soil from surfaces. Place 20 or of this product for each cubic fee of orking capaeit 500

ppm available chlorine Fill to working capacity and allow to stand for at least hours Drain and flush with potable water and return to surface

NEW FILTER SAND Apply SOor ofthis product foreach 150 to 200 cubic feet of sand The action of the product dissolving as the water passes

through the bed will aid in sanitizing the new sand

NEW \VELLS Flush the casin with 50 ppm available chloninc solution of water containing or ofdnis product for each lEO gallons ofwater

The solution should be pumped or fed gravity into the well after thorough mixing with agitation The well should stand for several hours or

overnight under chlorination It ay then he pumped until representative raw water sample is obtained Bacterial examination of the wite fl

indicate hether further treatment is necessar.

EXISTING EQUIPMENT Remove equipment from service thoroughly clean surfaces of all ph steal soil Sanitize placing 20 oz. cf this

product for each cubic feet capacity approximately 500 ppm available chlorine Fill to working capacity and let stand at least hours Drain and

place in service If the previous treatment is not practical surfaces may be sprayed with solution containing 01 of this produe for each SgaM.n9

of water approximately 1000 ppm available chlorine After drying flush with water and return to service

JCI Jones Chemicals Inc Sunny Sol 150- EPA REG NO 1744-20001
EMERGENCY DISINFECTION AFTER FLOODS

WELLS Thoroughly flush contaminated casing with 500 ppm available chlorine solution Prepare this solution by mixing OL of this product

with 10 gallons of water Backwash the well to increase yield and reduce turbidity adding sufficient chlorinating solution to the backwash to

produce 10 ppm available chlorine residual as determined by chlorine test kit After the turbidity has been reduced and the casing has been

treated add sufficient chlorinating solution to produce 50 ppm available chlorine residual Agitate the well water for several hours and take

representative water sample Retreat well if water samples are biologically unacceptable

RESERVOIRS In case of contamination by overflowing streams establish hypochiorinating stations upstream of the reservoir Chlorinate the inlet

water until the entire reservoir obtains 0.2 ppm available chlorine residual as determined by suitable chlorine test kit In case of contamination

from surface drainage apply sufficient product directly to the reservoir to obtain 0.2 ppm available chlorine residual in all parts of the reservoir

BASINS TANKS FLUMES ETC Thoroughly clean all equipment then apply 20 oz of product per cu ft of water to obtain 500 ppm available

chlorine residual as determined by suitable test kit After 24 hours drain flush and return to service If the previous method is not suitable spray

or flush the equipment with solution containing oz of this product for each gallons of water 1000 ppm available chlorine Allow to stand for

to hours flush and return to service

FILTERS When the sand filter needs replaeemenL apply 80 oz of this product for each 150 to 200 cubic feet of sand When the filter is severely

contaminated additional product should be distributed over the surface at the rate of SO oz per 20 sq ft. Water should stand at depth of foot

above the surface of the filter bed for to 24 hours When filter beds can be backwashed of mud and silt apply 80 oz of this product per each 50 sq

ft. allowing the water to stand at depth of foot above the filter sand After 30 minutes drain water to the level of the filter .After to hours

drain and proceed with normal backwashing

DISTRIBUTION SYSTEM flush repaired orreplaced section with water Establish hypochlorinattng station and apply sufficient product until

consistent available chlorine residual of at least 10 ppm remains after 24 hour retention time Use chlorine test kit

EMERGENCY DISINFECTION AFTER FIRES

CROSS CONNECTIONS OR EMERGENCY CONNECTIONS Hypochlorination or gravit feed equipment should beset up near the intake of the

untreated ater supply Apply sufficient product to give achlorine residual ofat least 0.1 to 0.2 ppm at the point wlier the untreated supply enteN

the regular distribution system Use chlorine test kit

EMERGENCY DISINFECTION AFTER DROUGHTS

SUPPLEMENTARY WATER SUPPLIES Gravity or mechanical hypochlorite feeders should be set up on supplementary line to dose the water to

minimum chlorine residual of 0.2 ppm after 20 minute contact time Use chlorine test kit

\V.ATER SHIPPED IN BY TANKS TANK CARS TRUCKS ETC Thoroughly clean all containers and equipment Spray 500 ppm available

chlorine solution and rinse with potable water after minutes This solution is made by mixing oz of this product for each 10 gallons of water

During the filling of the containers dose with sufficient amounts ofthis product to provide at least 0.2 ppm chlorine residual t.se chlorine test

kit

EMERGENCY DtSINFECTION AFTER MAIN BREAKS

MAINS Before assembly of the repaired section flush out mud and soil Permit water flow of at least 2.5 feet per minute to continue under

pressure while injecting this product by means ofa hypoehiorinator Stop water flow when chlorine residual test of 5ii ppm is obtained at the low

pressure end of the new main section after 24 hour retentiontime When chlorination is completed the system must be flushed free of all heavily

chlorinated water

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JCI Jones Chemicals Inc Sunny Sol 150- EPA REG NO 1744-20001
COOLING TOWER/EVAPORATIVE CONDENSER WATER

SLUG FEED METHOD Initial Dose When system is noticeably fouled apply 52 to 104 oz of this product per 10000 gallons of water in the

system to obtain from to 10 ppm available chlorine Repeat until control is achieved

Suhsequent Dose When microbial control is evident add 11 oz of this product per 10000 gallons of water in the system daily or as needed to

maintain control and keep the chlorine residual at ppm Badly fouled systems must be cleaned before treatment is begun

INTERMITTENT FEED METHOD Initial Dose When system is noticeably fouled apply 52 to 104 oz of this product per 10.000 gallons of

water in the system to obtain to 10 ppm available chlorine Apply halfor 1/3 1/4 nr 1/5 of this initial dose when half or 1/3 1/4 or 1/5 of the

water in the system has been lost by blowdown

Subsequent Dose When microbial control is evident add 11 oz ofthis product per 10000 gallons of water in the system to obtain ppm residual

Apply half or 1/3 1/4 or 1/5 of this initial dose when half or 1/3 1/4 or 1/5 of the water in the system has been lost by blowdown Badly fouled

systems must be cleaned before treatment is begun

CONTINUOUS FEED METHOD Initial Dose When system is noticeably fouled apply 52 to 104 oz of this product per 10.000 gallons of water

in the systent to obtain to 10 ppm available chlorine

Subsequent Dose Maintain this treatment level by starting continuous feed of oz of this product per 1.000 gallons of water lost by blowdown to

maintain ppm residual Badly fouled systems must be cleaned before treatment is begun

BRIQUETTES OR TABLETS Initially slug dose the system with 52 oz of this product per 10.000 gallons of water in the system Badly fouled

systems must he cleaned before treatment is begun

Subsequent Dose When microbial control is evident add II oz of this product per 10000 gallons of water in the system daily or as needed to

maintain control and keep the chlorine residual at ppm Badly fouled systems must be cleaned before treatment is begun

HOUSEHOLD LAUNDRY SANITIZERS

IN SOAK1NG SUDS Thoroughly mix oz of this product to 10 gallons of wash water to provide 200 ppm available chlorine WaitS minutes

then add soap or detergent Immerse laundry for at least Il minutes prior to starting the wash/rinse cycle

IN WASHING SUDS Thoroughly mix oz of this product to 10 gallons of wash water containing clothes to provide 200 ppm available chlorine

Wait minutes then add soap or detergent and start the wash/rinse cycle

COMMERCIAL LAUNDRY SANITIZERS

Wet fabrics or clothes should he spun dry prior to sanitization Thoroughly mix oz of this product with 10 gallons of water to yield 200 ppoi

available chlorine Promptly after fluxing the sanitizer add the solution into the prewash priorto washing fabrics/clothes in the regular wash cycle

with good detergent Test the level of available chlorine if solution has been allowed to stand Add more of this product if the available chlorine

level has dropped below 200 ppm

FARM PREMISES

Remove all animals poultry and teed from premises vehicles and enclosures Remove all litter and manure from floors walls and surfaces of

barns pens stalls chutes and other facilities occupied or transverse by animals or poultry Empty all troughs racks and other feeding and watering

appliances Thoroughly clean all surfaces with soap or detergent and rinse with water To disinfect saturate all surfaces with solution of at least

1000 ppm available chlorine for period of 10 minutes 1000 ppm solution can he made by thoroughi mixing 11 ox oths rtroduct with 10

gallons of water Immerse all halters ropes and other types of equipment used in handling and restraining animals or poultrt tvjtl as the cleaned

forks shovels and scrapers used for removing litter and manure Ventilate buildings ears boats and other closed spaces Do not house livestock or

poultry or employ equipment until chlorine has been dissipated All treated feed racks mangers troughs automatic feeders fountains and waterers

must be rinsed with potable water before reuse

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JCI Jones Chemicals Inc Sunny So 150- EPA REG NO 1744-20001 55$5

SS.S
PULP AND PAPER MILL PROCESS WATER SYSTEMS

SLUG FEED METHOD Initial Dose When system is noticeably fouled apply 52 to 104 of this product per 10.000 gallons of water in the

system to obtain from to 10 ppm available chlorine Repeat until control is achieved

Subsequent Dose When microbial control is evident add 11 or. of this product per 10.000 gallons of water in the system daily or as needed to

maintain control and keep the chlorine residual at ppm Badly fouled systems must be cteaned before treatment is begun

INTERMITTENT FEED METHOD initial Dose When system is noticeably fouled apply 5210 104 or of this product per 10.000 gallons of

water in the system to obtain to 10 ppm available chlorine Apply halfor 1/3 1/4 or 2/5 of this initial dose when half or 1/3 14 or 1/5 of the

water in the system has been lost by blowdown

Subsequent Dose When microbial control is evident add 11 or. of this product per 10.000 gallons of water in the system to obtain ppm residual

Apply halfor 1/3 1/4 or 1/5 of this initial dose when halfor 1/3 1/4 or 1/5 of the water in the system has been lost by blowdown Badly fouled

systems must be cleaned before treatment is begun

CONTINUOUS FEED METHOD Initial Dose When system is noticeably fouled apply 52 to 104 oz of this product per 10.000 gaflons of water

in the system to obtain to 10 ppm available chlorine

Subsequent Dose Maintain this treatment level by starting continuous feed of oz of this product per 1.000 gallons of water lost by blowdown to

maintain ppm residual Badly fouled systems must be cleaned before treatment is begun

BRIQUETTES OR TABLETS Initially slug dose the system with 52 or. of this product per 10.000 gallons of water in the system Badly fouled

systems must be cleaned before treatment is begun

Subsequent Dose When microbial control is evident add II oz- of this product per 10000 gallons of water in the system daily or as needed to

maintain control and keep the chlorine residual at ppm Badly fouled systems must be cleaned before treatment is begun

AGRICULTURAL USES

POST-HARVEST PROTECTION Potatoes can be sanitized after cleaning and prior to storage by spraying with sanitizing solution at level oil

gallon of sanitizing solution per tons of potatoes Thoroughly mix or. of this product to gallons of water to obtain 500 ppm available chlorine

Disinfect lcafcutting bee cells and bee boards by immersion in solution containing ppm available chlorine for minutes Allo cells to drain for

minutes and dry for to hours or until no chlorine odor can be detected This solution is made by thoroughly mixing tsp ofthis product to 100

gallons of water The bee domicile is disinfected by spraying with 0.1 ppm solution until all surfaces are thoroughly wet A1lo the domicile to

dry until all chlorine odor has dissipated

FOOL EGG SANITIZATION Thoroughly clean all eggs Thoroughly mix or of this product with 10 gallons of warm water to roduce 200

ppm available chlorine solution The sanitizer temperature should not exceed 130F Spray the warm sanitizer so that the eggs are thuroughl

wetted Allow the eggs to thoroughly dry before casing or breaking Do not apply potable water rinse The solution should no be re-used to

sanitize eggs

FRUIT VEGETABLE WASHING Thoroughly clean all fruits and vegetables in wash tank Thoroughly mix or of this product in 200

gallons of water to make sanitizing solution of 25 ppm available chlorine After draining the tank submerge fruit or vegetables for wo minutes in

second wash tank containing the recirculating sanitizing solution Spray rinse vegetables with the sanitizing sotution pnor to pacreing Rinse

fruit with potable water only prior to packaging

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JCI Jones Chemicals Inc Sunny Sol 150 EPA REG NO 1744-2000

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AQUACULTIJRAL USES

FISH PONDS Remove fish from ponds prior to treatment Thoroughly mix 104 oz of this product to 10000 gallons of water to obtain 10 ppm

available chlorine Add more product to the water if the available chlorine level is below ppm alterS minutes Return fish to pond ficr the

available chlorine level reaches zero

FISH POND EQUIPMENT Thoroughly clean all equipment prior to treatment Thoroughly mix oz of this product to 10 gallons of water to

obtain 200 ppm available chlorine Porous equipment should soak for one hour

MAINE LOBSTER PONDS Remove lobsters seaweed etc from ponds prior to treatment Drain the pond Thoroughly mix 6200 oz of this

product to 10000 gallons of water to obtain at least 600 ppm available chlorine Apply so that all barrows gates rock and dam are treated with

product Permit high tide to fill the pond and then close gates Allow water to stand for to days until the available chlorine level reaches zero

Open gates and allow tidal cycles to flush the pond before returning lobsters to pond

CONDITIONJNG LIVE OYSTERS Thoroughly mix oz ofthis product to 10000 gallons of water at 50 to 70F to obtain 0.5 ppm available

chlorine Expose oysters to this solution for at least 15 minutes monitoring the available chlorine level so that it does not fall below 0.05 ppm

Repeat entire process if the available chlorine level drops below 0.05 ppm or the temperature falls below 50F

Not approved for this use in the State of California

CONTROL OF SCAVENGERS IN FISH HATCHERY PONDS Prepare solution containing 200 ppm of available chlorine by mixing oz of

pruduct with 10 gallons of water Pour into drained pond potholes Repeat if necessary Do not put desirable fish back into refilled ponds until

chlorine residual has dropped to ppm as determined by test kit

SANITIZATION OF DIALYSIS MACHINES

Flush equipment thoroughly with water priorto using this product Thoroughly mix oz of this productto lOgallons ofwaterto obtain at least 600

ppm available chlorine Immediately use this product in the hemodialysate system allowing for minimum contact time of 15 minutes of 20C

Drain system uf the sanitizing solution and thoroughly rinse with water Discard and DO NOT reuse the spent samtizer Rinsate must he monitored

with suitable test kit to insure that no available chlorine remains in the system

This product is recommended for decontaminating single and multi-patient hemodialysate systems This product has been shown to be an effective

disinfectant virucide fungicide bactericide pseudomonicide when tested by AOAC and EPA test methods This product may not totally eliminate

all vegetative microorganisms in hemodialysate delivery systems due to their construction and/or assembly but can be relied upon to reduce the

number of microorganisms to acceptable levels when used as directed This product should be used in disinfectant program which includes

bacteriological monitoring of the hemodialysate delivery system This product is NOT recommended for use in hemodialysate or reverse osmosis

RO membranes

Consult the guidelines for hemodialysate systems which are available from the Hepatitis Laboratories CDC Phoenix AR 85021

Please note This product is not to be used as terminal sterilant/high level disinfectant on any surface or instrument that is introduced

directly into the human body either into or in contact with the bloodstream or normally sterile areas of the body or contacts

intact mucous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of

he body This product may be used to preclean or decontaminate critical or semi-critical medical devices prior to sterilization or

high level disinfection

ASPHALT OR WOOD ROOFS AND SIDINGS

fo control funsus and mildew first remove all physical soil by brushing and hosing with clean water and apply 5000 ppr ailahle chlorine

solution Mix oz of this product per gallon of water and brush or spray roof or siding After 30 minutes rinse by hosirt\lLl/ .lean water

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JCI Jones Chemicals Inc Sunny Sol 150- EPA REG NO 1744-20001

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BOAT BOITOMS

To control slime on boat bottoms sling plastic tarp under boat retaining enough water to cover the fouled bottom area but not allowing water to

enter enclosed area This envelope should contain approximately 500 gallons of water for 14 foot boat Add 18 oz of this product to this water to

obtain 35 ppm available chorine concentration Leave immersed for to 12 hours Repeat ifnecessary Do not discharge the solution until the

free chlorine level has dropped to ppm as determined by swimming pool test kit

.ARTIF1CIAL SAND BEACHES

To sanitize the sand spray 500 ppm available chlorine solution containing oz of this product per 10 gal of water at frequent intervals Small

areas can be sprinkled with watering can

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JCI Jones Chemicals Inc Sunny Sol 150- EPA REG NO 1744-20001 10

CS
EXHIBIT
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON D.C 20460

FEB 2O8 OF

PREVENTIO ESTICIDES AND

TOXIC STANCES

Mr Seth Goldberg

Steptoe Johnson LLP

1330 Connecticut Avenue NW

Washington DC 20036

Subject Nalco Petition

Dear Mr Goldberg

This letter will acknowledge receipt of your December 2007 e-mail mess on

behalf of Nalco requesting that EPA reconsider its registration for two ammonia pri icts

used in connection with chlorine to treat water We are treating this communiCatiol

petition under the Administrative Procedures Act and intend to respond to it in tir

manner in collaboration with our Office of General Counsel

The petition raises several questions that the Agency will need to further

investigate before any decision can be reached During its investigation the Agenc

expects to announce receipt of and invite public comment on the petition since EP

decision may impact other companies and may raise additional issues

Until EPA makes decision on the petition the Office of Pesticide Prograi

would regard Nalcos sale and distribution of ammonia and ammonia products for in

connection with chlorine to treat water to require registration under FIFRA Section

only ifNalco makes pesticidal claim for such products Please do not hesitate to

contact me if you have any questions

Sanders Director

Antimicrobials Division 751 OP

Office of Pesticide Programs

Internet Address URL http//wwwepa.gOV

RecyclewRecyClable Printed with Vegetable Oil Based Inks on 100% Postconsumer Process Chlorine Free RecycI 9aper