EPA v. Home Depot U.S.A Inc

Case summary

EPA Region 6 issued a Consent Agreement and Final Order under its authority pursuant to Resource Conservation and Recovery Act to Home Depot U.S.A, Inc 's 275 stores located in Region 6. The CAFO was issued in response to violations of: ? Failure to file subsequent Notification; ? Failure to Perform Land Disposal Determinations; ? Failure to Comply with the Manifest Requirements; and ? Failure of Personnel Training to Ensure Facilities Compliance. The CAFO requires Home Depot U. S.A, Inc i. Within two hundred and forty (240) days of the effective date of the CAFO to develop (or revise existing) for EPA, Region 6?s review (but not approval) and for its subsequent implementation one or more written procedures (the ?Procedures?) that will collectively describe the implementation of a centralized process applicable to all the Facilities subject to the CAFO and will address (1) Hazardous waste determinations; (2) Section 3010 RCRA Notification submissions; (3) Employee training; (4) Record-Keeping; (5) Land Disposal Restrictions; (6) Management of hazardous waste while on site, to include contingency plans (for any facility that is a LQG) and emergency procedures; and (7) Manifesting requirements. ii. Within 180 days of the effective date of the CAFO, will employ a third-party consultant who will audit at least 20% of the Facilities listed in Appendix I of this CAFO on an annual basis for two years, to include a representative number of Facilities from each Region 6 state and with a focus on: (1) Section 3010 RCRA Notification submissions; (2) Land Disposal Restrictions; and (3) Manifesting of hazardous waste. During the effective dates of this CAFO and within sixty (60) days after receipt of its first and second annual third-party audit reports, will share with EPA, in a summary report, the response actions home depot will take in response to the results of the audit report. iii. Within two hundred and forty (240) days of the effective date of the CAFO, will develop a plan that will describe their obligation to provide EPA access to information that home depot is required to keep pursuant to federal and state requirements and upon the receipt of an information request received by Respondent pursuant Section 3007 of RCRA, 42, U.S.C ? 6927 (the ?Plan?). Home Depot U.S.A, Inc must respond to EPA Region 6 by 90 days from the effective date of the CAFO.

Defendants (1)

• Home Depot U.S.A, IncNamed in settlement

Facilities (254)

• HOME DEPOT STORE #3919

  14201 N PENNSYLVANIA AVE, OKLAHOMA CITY, OK, 73134

  Registry ID: 110032991350

• HOME DEPOT STORE #8537

  507 W 19TH ST, EL DORADO, AR, 71730

  Registry ID: 110018880031

• HOME DEPOT STORE 6832

  2454 VETERANS BLVD, DEL RIO, TX, 78840

  Registry ID: 110031375713

• HOME DEPOT STORE #3913

  4041 S SHERIDAN, TULSA, OK, 74145

  Registry ID: 110032991252

• HOME DEPOT STORE 6581

  125 E BUS HIGHWAY 114, ROANOKE, TX, 76262

  Registry ID: 110018905531

• HOME DEPOT STORE 551

  6200 W PARK BLVD, PLANO, TX, 75093

  Registry ID: 110020479819

• HOME DEPOT STORE 6543

  1514 BROADWAY ST, PEARLAND, TX, 775815802

  Registry ID: 110020479016

• HOME DEPOT STORE 6509

  6810 GULF FWY, HOUSTON, TX, 770872520

  Registry ID: 110024545367

• HOME DEPOT STORE 8951

  2201 LAKEVIEW PKWY, ROWLETT, TX, 75088

  Registry ID: 110018905381

• HOME DEPOT STORE 582

  1066 CENTRAL PKWY S, SAN ANTONIO, TX, 782325021

  Registry ID: 110024835099

• THE HOME DEPOT #0365

  143 NORTH SHORE BLVD, SLIDELL, LA, 70460

  Registry ID: 110003368338

• HOME DEPOT STORE 6539

  140 N HIGHWAY 35 BYPASS, ALVIN, TX, 77511

  Registry ID: 110022531474

• HOME DEPOT STORE 6505

  1315 N HIGHWAY 77, WAXAHACHIE, TX, 751655117

  Registry ID: 110020479061

• HOME DEPOT RENTAL 2945

  2605 S IH 35, SAN MARCOS, TX, 78666-5980

  Registry ID: 110070435158

• HOME DEPOT STORE 6501

  11820 DICKINSON RD, HOUSTON, TX, 770894769

  Registry ID: 110020480246

• …and 239 more

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3010 — Notification of Hazardous Waste Activity

Enforcement conclusions (1)

• Home Depot U.S.A Incentered 2022-11-15

  Primary law: RCRA

  Federal penalty: $285,363

Timeline (2 milestones)

• 2022-11-15Final Order Issued
• 2023-01-06Enforcement Action Data Entered