EPA v. THE SHERWIN WILLIAMS CO. (SHERWIN WILLIAMS)

Case summary

On June 16, 2022, Region III entered into a Consent Agreement with, and issued a Final Order to through the use of an Expedited Settlement Agreement (ESA) with Sherwin Williams; settling violations of RCRA Subtitle C that EPA inspectors observed during an inspection of the company's facility in Pittsburgh, PA (Facility). The settlement will ensure that, in the future, the company will properly contain and manage hazardous waste at the Facility. During the inspection of the Facility, and through subsequent communications, the EPA inspectors observed that the company: (1) failure to label a container of solvent contaminated wipes (EPA Hazardous Waste No. D001) being sent offsite for cleaning and reuse; (2) failed to mark two containers of hazardous waste with the accumulation start date; (3) failed to mark containers accumulating hazardous waste with the words, Hazardous Waste; (4) to keep a Satellite Accumulation Area ( SAA ) container at or near the point of generation and under the control of the operator of the process of generating the waste; (5) failed to maintain personnel records; (6) failed to mark SAA containers with the words Hazardous Waste; (7) failed to make hazardous waste determinations for several containers of solid waste; (8) failed to maintain the signed copy of manifest for three years from the date the waste was accepted by the initial transporter; (9) failed to submit to EPA an Exception Report; (10) failed to provide written job descriptions for each position at the Facility with responsibility for hazardous waste management; (11) failed to keep closed containers containing universal waste lamps; (12) to manage sampling cups in the J Room Coil Process (EPA Hazardous Waste No. D001, D002, D035, F003, F005) as hazardous waste; (13) failed to empty these containers completely to be considered RCRA empty . The Company has agreed to pay a penalty of $12,500 to settle the enforcement action and refined its procedures for handling waste at the facility. The Consent Agreement and Final Order initiate and resolve this enforcement action. EPA informed PADEP of the action by letter on June 1, 2022 and received no objection.

Defendants (1)

• THE SHERWIN WILLIAMS CO.Named in complaintNamed in settlement

Facilities (2)

• SHERWIN WILLIAMS

  2000 WESTHALL ST, PITTSBURGH, PA, 15233

  Registry ID: 110000329715

• SHERMAN-WILLIAMS MANUFACTURING COMPANY

  2000 WESTHALL ST, PITTSBURGH, PA, 152331018

  Registry ID: 110000329715

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• THE SHERWIN WILLIAMS CO. (SHERWIN WILLIAMS)entered 2022-06-21

  Primary law: RCRA

  Federal penalty: $12,500

Timeline (4 milestones)

• 2022-06-21Complaint Filed/Proposed Order
• 2022-06-21Final Order Issued
• 2022-09-07Enforcement Action Closed
• 2022-09-16Enforcement Action Data Entered