EPA v. THE SHERWIN-WILLIAMS COMPANY

Case summary

SEPTEMBER 21, 2023 - CONSENT AGREEMENT On February 14, 2022, the Respondent notified the North Carolina Department of Environmental Quality (NCDEQ) as a LQG of hazardous waste. Hazardous wastes identified within the Respondent's notification included D001 (ignitable), D03S (methyl ethyl ketone characteristic), and F005 listed hazardous wastes. On March I, 2023, the EPA and the NCDEQ conducted a compliance evaluation inspection (CEI) at the Respondent's Facility. The EPA's findings of the CEI were documented in a report emailed to the Respondent on May 18, 2023. At the time of the CEI, the inspectors observed the following open containers of hazardous waste in SAAs: one 55-gallon drum in the Still Building, one metal bin in the Fill Area, one metal 55 gallon drum in the Building 113 Mixing Room, one cardboard 55-gallon drum in the Building 113 Mixing Room, and one cubic yard container in the Building 113 Mixing Room. At the time of the CEI, the inspectors observed that each of the following containers of hazardous waste within SAAs were not marked with the words Hazardous Waste and an indication of the hazards of the contents: one metal bin in the Fill Area, one metal 55-gallon drum in the Building 113 Mixing Room, one cardboard 55-gallon drum in the Building 113 Mixing Room, and one cubic yard container in the Building 113 Mixing Room. As a result of observations made during the CEI and additional information obtained from the Respondent during a Show Cause meeting with the Respondent on July 20, 2023, the EPA determined that the Respondent did not perform annual inspections of the fixed roof and closure devices for Hazardous Waste Tank 6, which manages D001 and D035 characteristic and FOOS listed hazardous waste, during the years 2020, 2021 and 2022. At the time of the CEI, the Facility's contingency plan did not include the location of spill control equipment for the Facility's hazardous waste central accumulation area (CAA).

Defendants (1)

• THE SHERWIN-WILLIAMS COMPANYNamed in complaintNamed in settlement

Facilities (1)

• THE SHERWIN-WILLIAMS COMPANY - STAGE COACH TRAIL

  113 STAGE COACH TRAIL, GREENSBORO, NC, 27409

  Registry ID: 110000346741

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• THE SHERWIN-WILLIAMS COMPANYentered 2023-09-21

  Primary law: RCRA

  Federal penalty: $47,500

Timeline (3 milestones)

• 2023-09-21Complaint Filed/Proposed Order
• 2023-09-21Final Order Issued
• 2023-09-28Enforcement Action Data Entered