Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Warren, Ohio, Paint/Coatings Manufacturing Facility Enter into Consent Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (“EPA”) and PPG Industries, Inc. (“PPG”) entered into a December 29th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Ohio Hazardous Waste Management Regulations. See Docket No. RCRA-05-2022-0004.

The CAFO provides that PPG is an operator under Ohio Admin. Code §§ 3745-50-10(A)(95) of a facility in Warren, Ohio (“Facility”).

The PPG Facility is stated to manufacture paint and coatings. Further, the Facility is stated to consist of:

. . . land and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste.

The Facility is stated to be a “generator” of hazardous waste. In addition, The generator category is described as “large quantity generator.”

The PPG Facility is stated to have shipped 56,895 kilograms of hazardous wastes during calendar year 2019. This is according to electronically submitted hazardous waste manifests that PPG is stated to have filed with the State of Ohio.

The following violation is alleged in the CAFO:

  • Failure to prepare and submit a Biennial Report to the Ohio Environmental Protection Agency by March 1st for the preceding calendar year (2019) as required under Ohio Admin Code § 3745-52-41(A).

The CAFO requires that PPG file with the Ohio EPA a Biennial Hazardous Waste Report covering its generator activities during the year 2019.

A civil penalty of $11,472 is assessed.

A copy of the CAFO can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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