EPA v. SEALED AIR CORPORATION

Case summary

SEPTEMBER 12, 2022 - CONSENT AGREEMENT Respondent is a LQG of hazardous waste with the EPA ID Number SCD047554753, who generates greater than or equal to one thousand (1,000) kilograms (2,200 pounds) of hazardous waste per calendar month. Respondent accumulates less than 5,000 kilograms of Universal Waste and therefore is a SQHUW. The Respondent does not have interim status, nor does it have a RCRA permit. At the time of the compliance evaluation inspection referenced below in paragraph 66, EPA asserts that Respondent had containers, a tank, and a tank system for the accumulation of hazardous waste. The Respondent submitted a RCRA Subtitle C Site Identification Form (EPA Form 8700-12) that was received by the South Carolina Department of Health and Environmental Control (SCDHEC) on July 8, 2017. The Respondent notified as a LQG of hazardous waste. Respondent uses solvents in its operations at the Facility. EPA asserts that certain ?spent solvents? must be managed as Hazardous Waste, as number D001 flammable liquid (ethanol, propanol, and propyl acetate). Throughout the entirety of this document, Sealed Air denies any and all allegations that solvent being legitimately recycled is subject to any solid or hazardous waste requirements. On March 28-29, 2019, the EPA and SCDHEC inspectors (the inspectors) conducted a compliance evaluation inspection (CEI) at Respondent?s facility. The EPA?s findings of the CEI were documented in a report mailed to Respondent, dated June 4, 2019. Following receipt of the CEI report, Respondent met with the EPA to respond to the alleged violations identified in the CEI and Respondent has provided numerous responses to these allegations and information requests made by EPA over the prior three-year period.

Defendants (1)

• SEALED AIR CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• CRYOVAC SIMPSONVILLE

  803 N MAPLE ST, SIMPSONVILLE, SC, 29681-2251

  Registry ID: 110042037408

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• SEALED AIR CORPORATIONentered 2022-09-12

  Primary law: RCRA

  Federal penalty: $177,496

Timeline (4 milestones)

• 2022-09-12Final Order Issued
• 2022-09-12Complaint Filed/Proposed Order
• 2022-09-20Enforcement Action Closed
• 2022-09-21Enforcement Action Data Entered