EPA v. The Sherwin-Williams Company

Case summary

The week of August 19, 2024, Region 6 issued a Consent Agreement and Final Order ( CAFO ) to Sherwin-Williams to resolve RCRA violations at its Shiloh Rd and Miller Rd facilities. The violations were identified during an onsite inspection of the Shiloh Rd facility in April 2022 and the Miller Rd facility in August 2022. Region 6 determined that Sherwin-Williams failed to comply with notification requirements (RCRA Section 3010(a)), failed to make accurate hazardous waste determinations (262.11), failed to have an adequate contingency plan (262.17(a)(6), failed to manage containers of hazardous waste properly (262.17(a)(5)(ii)), failed to comply with RCRA air emission standards (265 Subparts BB and CC), failed to keep certain employee training records (262.17(a)(7)(iv)), and failed to operate the Shiloh Rd facility in accordance with the General Duty Clause (262.251). The settlement requires Sherwin-Williams to pay a $270,000 penalty and: A. Respondent shall certify that it has assessed all its solid waste streams at the Shiloh Road Facility to determine the accurate waste codes and has developed and implemented standard operating procedures ( SOPs ) to ensure that Respondent is operating the Shiloh Road Facility in compliance with RCRA and the regulations promulgated thereunder, including, but not limited to, procedures for: (a) making hazardous waste determinations; (b) managing hazardous wastes; (c) reporting, transporting, and disposing of hazardous waste; (d) preparing its manifests; and (e) meeting the requirements of the land disposal requirements. B. Respondent shall certify that it has accurately and adequately complied with its RCRA Section 3010 notification for the Shiloh Road Facility and within the prescribed time period. C. Respondent shall provide, with its certification, a copy of Respondent's SOPs as described in subparagraph A above. D. Respondent shall certify the cost of implementation of injunctive relief. E. Respondent shall certify the environmental benefit (reduction of waste or reduction in the toxicity of waste).

Defendants (1)

• The Sherwin-Williams CompanyNamed in complaintNamed in settlement

Facilities (2)

• SHERWIN WILLIAMS COMPANY GARLAND

  2802 W. MILLER RD., GARLAND, TX, 75041

  Registry ID: 110000456248

• VALSPAR COATINGS

  701 SHILOH RD, GARLAND, TX, 75042

  Registry ID: 110000456275

Statutes cited

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

Enforcement conclusions (1)

• The Sherwin-Williams Companyentered 2024-08-19

  Primary law: RCRA

  Federal penalty: $270,000

Timeline (2 milestones)

• 2024-08-19Final Order Issued
• 2024-08-20Enforcement Action Data Entered