EPA v. Whole Foods Market Group Inc.

Case summary

On June 11, 2014, the New Mexico Environment Department ( NMED ) conducted a RCRA inspection of a Whole Foods Market Store in Santa Fe, New Mexico. On August 26, 2014, the NMED referred its findings to EPA Region 6 ( Region 6 ) for further investigation and enforcement. Between August 2014 and August 2015, Region 6 conducted an investigation of Whole Foods Market. From the investigation, Region 6 concluded that Whole Foods Market failed to make a sufficient hazardous waste determination of its solid waste streams as required by 40 C.F.R. 262.11(c) and that one or more of the universal waste requirements set forth in 40 C.F.R. 273.13 through 273.16 were not consistently complied with. As a result of Region 6's investigation, Whole Foods Market entered into consent agreements and final orders for the Stores located within Region 6's jurisdiction (Texas, Oklahoma, Arkansas, New Mexico, and Louisiana). Following Region 6's investigation and administrative settlements, Whole Foods Market approached EPA Headquarters to discuss the possibility of entering into a nationwide settlement agreement for their grocery stores located in States and Territories other than those covered by the Region 6 administrative settlements. Whole Foods Market voluntarily disclosed to EPA that it may not have consistently made sufficient hazardous waste determinations on all solid waste streams (e.g., discarded consumer products) or complied with some of the universal waste standards at all of its stores as required by 40 C.F.R. 262.11 and 273.13 through 273.16. For purposes of settlement, the parties agreed to resolve the following two RCRA violations: (1) failure to make a hazardous waste determination as required by 40 C.F.R. 262.11 and (2) failure to comply with some of the universal waste standards set forth in 40 C.F.R. 273.13 through 273.16. Under the nationwide settlement agreement, Whole Foods Market will implement a state-of-the-art electronic system at its stores throughout the United States for identifying and classifying consumer products that if discarded are required to be handled as hazardous waste, as well as employee training and other management controls for proper identification and handling of hazardous waste. Once the system and other hazardous waste management controls are implemented, Whole Foods Market will retain an independent third-party auditor to monitor and report on Whole Foods Market's compliance with applicable hazardous waste regulations. The nationwide settlement agreement requires Whole Foods Market to pay a $500,000 penalty. Under the agreement Whole Foods Market will implement a $2.75 million Supplemental Environmental Project to remove and replace older fluorescent lamp fixtures containing polychlorinated biphenyls ( PCBs ) that are still in use in schools and community centers in low-income neighborhoods. Whole Foods Market will also provide training to school and community center personnel who handle hazardous waste.

Defendants (12)

• Whole Foods Market Group Inc.Named in complaintNamed in settlement
• Whole Foods Market Rocky Mountains/Southwest, LPNamed in complaintNamed in settlement
• WFM Norther Nevada, Inc.Named in complaintNamed in settlement
• WFM Souther Nevada, Inc.Named in complaintNamed in settlement
• WFM Hawaii, LLCNamed in complaintNamed in settlement
• WFM-WO, Inc.Named in complaintNamed in settlement
• Nature's Heartland, Inc.Named in complaintNamed in settlement
• WFM Nebraska, LLCNamed in complaintNamed in settlement
• Whole Foods Market Lusher Frisco CO, LLCNamed in complaintNamed in settlement
• Whole Foods Market California, Inc.Named in complaintNamed in settlement
• Mrs. Gooch's Natural Food Markets, Inc.Named in complaintNamed in settlement
• Whole Foods Market Pacific Northwest, Inc.Named in complaintNamed in settlement

Facilities (4)

• WHOLE FOODS MARKET - P STREET

  1440 P STREET NW, WASHINGTON, DC, 20005

  Registry ID: 110002501944

• WHOLE FOODS MARKET - GLOVER PARK

  2323 WISCONSIN AVENUE NW, WASHINGTON, DC, 20007

  Registry ID: 110067679168

• WHOLE FOODS MARKET - FOGGY BOTTOM

  2201 I STREET NW, WASHINGTON, DC, 20007

  Registry ID: 110067679177

• WHOLE FOODS MARKET - TENLEY TOWN

  4530 40TH STREET NW, WASHINGTON, DC, 20016

  Registry ID: 110067679159

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Whole Foods Market Group Inc.entered 2017-04-07

  Primary law: RCRA

  Federal penalty: $500,000 · SEP: $2,750,000

Timeline (3 milestones)

• 2017-04-07Final Order Issued
• 2017-04-07Complaint Filed/Proposed Order
• 2017-08-01Enforcement Action Data Entered