Document wrE6pGd9ENLRdJR1nLbdO95m4

Region 6 - Enforcement & Compliance Assurance Division INSPECTION REPORT Inspection Date(s): Media Program: Regulatory Program(s) 8/29/2022 - 9/2/2022 RCRA Compliance Evaluation Inspection RCRA Large Quantity Generator Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Phone Number Facility Contact: The Sherwin-Williams Company Sherwin-Williams W Miller Road 2802 W Miller Rd Garland, TX 75041 2802 W Miller Rd Garland, TX 75041 Dallas County (469) 246-2141 Anthony Cade, MBA Anthony.d.cade@sherwin.com Area EHS Manager FRS Number: Identification/Permit Number: Media Identifier Number: NAICS: SIC: 110000456248 New Source Review (NSR) permit #74886 TXD052131323 32551 - PAINT AND COATING MANUFACTURING 2851 (SIC) - PAINTS Personnel participating in inspection: John Penland USEPA R6/ECDSR Bill Mansfield USEPA R6/ECDSR Erin Young-Dahl USEPA R6/ECDSR Karen Juliussen Texas Commission on Environmental Quality - R4 Anthony Cade Sherwin-Williams Matthew Patton Sherwin-Williams Luis Menendez Sherwin-Williams Lead Inspector Sr. Inspector Inspector Environmental Investigator Area EHS Manager EHS Specialist Plant Manager EPA Lead Inspector Signature/Date ERIN YOUNG- YOUNG-DAHL Digitally signed by ERIN DAHL Date: 2022.11.08 08:32:20 -06'00' John Penland - Lead Inspector Date Supervisor Signature/Date JEFFREY YURK Digitally signed by JEFFREY YURK Date: 2022.11.08 09:10:33 -06'00' Jeffrey Yurk - Waste Section Chief Date RCRA Compliance Evaluation Inspection Section I - INTRODUCTION Sherwin Williams - S Miller Rd Facility 8/29/2022 - 9/2/2022 PURPOSE During the week of August 29, 2022, I, John Penland, conducted an unannounced inspection of the Sherwin-Williams W Miller Road facility (Sherwin-Williams) located at 2802 W Miller Rd in Garland, Texas for compliance with the Resource Conservation and Recovery Act (RCRA). I was assisted on this inspection by Environmental Protection Agency (EPA) inspectors William Mansfield and Erin Young-Dahl along with Texas Commission on Environmental Quality (TCEQ) investigator Karen Juliussen. The inspection included a walkthrough of the facility's production process and waste generation and management units as well as a review of the facility records related to hazardous waste management. The Sherwin-Williams facility was targeted for inspection as part of Environmental Justice and Regional and National investigation initiatives to evaluate facilities subject to RCRA Subpart AA, BB, CC regulations related to air emissions from hazardous waste management units. We concluded the inspection of the Sherwin-Williams facility on September 2, 2022, with a closing conference where we presented our provisional areas of concern. This report serves as documentation of all onsite activities and observations during the inspection of the Sherwin facility. Photographs taken during the inspection to document onsite observations are included as Appendix 1. A summary of all areas of concern identified during the inspection is provided in Section III. FACILITY DESCRIPTION The Sherwin-Williams facility was issued the EPA ID# TXD052131323. Sherwin-Williams is operating as a Large Quantity Generator (LQG) of hazardous waste and has done so since March 1, 1990. The facility operates under a New Source Review (NSR) permit #74886 issued by the Texas Commission on Environmental Quality (TCEQ). Section II - OBSERVATIONS Bill Mansfield, Erin Young-Dahl, Karen Juliussen, and I conducted the onsite inspection during normal business hours from August 29 through September 2, 2022. During the inspection, the facility was conducting normal operations and all areas of the facility were in use. Throughout the week, we visited each of the facility's waste generation, accumulation, and management areas, and reviewed the facility's operating records pertaining to the facility's RCRA applicability and compliance requirements. This section provides an abbreviated description of our daily activities (see Appendix 2). Appendix 1 provides photographs of these observations. Unless otherwise specified, the statements cited in this section reflect those claims made by facility personnel or documents reviewed during the inspection. 2 RCRA Compliance Evaluation Inspection Sherwin Williams - S Miller Rd Facility 8/29/2022 - 9/2/2022 August 29, 2022 I, John Penland, along with Bill Mansfield, Erin Young-Dahl, and Karen Juliussen, entered the facility at 1045 hrs., where I presented credentials to Mr. Anthony Cade (Area EHS Manager), and informed him that we were there to conduct an inspection of the facility under the authority of Section 3007 of RCRA. I explained the right of Sherwin-Williams to assert a Confidential Business Information claim for records requested by the EPA, followed by a presentation of EPA Region 6's Confidentiality Notice (40 CFR Section 2.203). I then conducted an opening briefing at 1100 hrs. with Anthony Cade, Matthew Patton (EHS Specialist), and Luis Menendez (Plant Manager). Following the opening briefing, we conducted a walkthrough of the Sherwin-Williams facility production and associated waste management areas. The facility walkthrough began at the water-based paint line. We were accompanied by Anthony Cade, Matthew Patton, and Luis Menendez of Sherwin-Williams. Water-Based Paint Line We walked through the operations of the water-based paint manufacturing process, including formulation, blending, and packaging. No hazardous waste generation or accumulation was identified in this operational area. Container Draining and Crushing Area Next, we walked through the container draining and compacting area, where Sherwin-Williams empties containers prior to compacting them for scrap metal recycling. The area is outside under a three-sided shelter. Here, open 55-gallon drums are tipped vertically to allow solvent residues to drain into 5-gallon buckets. The residues collected in the buckets are then consolidated into a 55-gallon drum labeled as a Satellite Accumulation container. At the time of the inspection, I noticed five containers were open and tipped to drain. However, the area was unattended, and the containers had already finished draining. I requested an SOP describing operations in this area (see 40 CFR 265.1087(c)(3)(ii)). Central Waste Accumulation Area The facility's Central Waste Accumulation Area is located outdoors under a large, metal-covered threesided shelter within a concrete secondary containment structure. Sherwin-Williams operates this area for the accumulation of hazardous and non-hazardous solid waste. The area is secured with a gate, posted identification, and warning signs. I identified spill response equipment, alarms, and fire extinguishers in the area. Containers were stacked on pallets two drums high and at the time of inspection shared a single containment area. Containers were labeled and dated with an accumulation start date within the 90-day limit. Containers and pallets appeared to be in good condition. 3 RCRA Compliance Evaluation Inspection Sherwin Williams - S Miller Rd Facility 8/29/2022 - 9/2/2022 I identified a container of hydrogen peroxide, an oxidizer, in the southeast corner of the shelter. This material is incompatible with the flammable wastes also stored in this area (see 40 CFR 262.17(a)(1)(vii)(C)). Solvent-Based Paint Line The walkthrough of this area began at approximately 1415 hrs. The solvent-based paint line is a threestory gravity flow process. At the time of inspection, this process was being remodeled to manufacture water-based paints. I requested the date the solvent-based line was taken out of service. On the third floor, I identified one drum marked as a Satellite Accumulation container. On the second floor, I identified one drum of solvent wipes, which was open at the time of this inspection. The bung opening on the container was covered with a paper drinking cup. Other paper cups were observed on product storage containers in this area (see 40 CFR 261.4(a)(26)). On the first floor, I observed two drums in use for solvent parts washing. The lids for these containers had been placed on the containers but were not secured. We departed the facility at approximately 1500 hrs. August 31, 2022 We conducted preliminary document review on this day, including a review and discussion of the facility's waste profiles and waste determinations. We also inspected tanks T-5 and S-13. Tank T-5 This tank was empty and out of service at the time of inspection. I requested operating records indicating waste thruput and last in-service dates. Tank S-13 At the time of the inspection, tank S-13, a cone-bottom tank, contained residual wastes from the solvent-based Dallas Emulsion Plant, though it was in the process of being decommissioned. The pump for this tank had been disconnected. Using Method 21 monitoring, I identified emissions of 16,000 ppm from the manway hatch on top of the tank and observed that the manway was equipped with incorrect bolts. I was unable to determine whether a gasket was in place. I requested operating records for waste thruput. The inspection team departed the facility at 1445. September 1, 2022 The inspection was conducted remotely on this day via Microsoft TEAMS and included discussions on the inspection team's outstanding questions. 4 RCRA Compliance Evaluation Inspection Sherwin Williams - S Miller Rd Facility 8/29/2022 - 9/2/2022 September 2, 2022 I, John Penland, facilitated a closeout meeting with facility representatives to review the areas of concern. We also reviewed outstanding document requests with Sherwin-Williams representatives. Section III - AREAS OF CONCERN The following is a list of potential areas of concern discussed with facility representatives. See Appendix 2 for details of EPA observations. Based on EPA's monitoring, an emissions leak from the manway hatch of Tank S-13 was detected with a reading of 16,000 ppm, more than the 500 ppm regulatory limit for access ports. Inspection and operation records for tanks S-13 and T-5 will be reviewed to confirm <90day thruputs. One drum containing solvent rags was missing a bung and was instead covered by a paper cup. In the satellite accumulation area, open, unattended containers were present after drums had been tipped and emptied. Facility to provide SOPs. The Sherwin-Williams facility's emergency response plan will be reviewed for compliance with the standards codified at 40 CFR 262 Subpart M to ensure proper plan contents and distribution records to emergency services. Sherwin-Williams was able to provide a list of equipment capabilities when asked. In the Central Waste Accumulation Area, some drums had labels that indicated >90-day residency. Sherwin-Williams will provide records on those drums' fill dates versus start dates. An incompatible waste (oxidizer) was stored in the Central Waste Accumulation Area adjacent to containers of flammable wastes. These wastes are incompatible and were stored on the same pallet with no dividing structure between them. One overpack drum in the Central Waste Accumulation Area was unlabeled. Training records for RCRA-applicable employees will be reviewed and assessed for their completeness and compliance with LQG training and recordkeeping requirements. Section IV - FOLLOW UP Actions taken by Sherwin-Williams to resolve any areas of concern were documented by the facility with photographs or other documentation medium and submitted to the EPA via the shared OneDrive folder. Any information received from the facility after the inspection was also received in this way. These documents are accessible to the assigned EPA Enforcement Officer as applicable. Section V - LIST OF APPENDICES Appendix 1: Photo Log - photos taken 8/29/2022 and 8/31/2022 Appendix 2: EPA Daily Summary Emails 5 RCRA Compliance Evaluation Inspection Sherwin Williams - S Miller Rd Facility 8/29/2022 - 9/2/2022 APPENDIX 1 Photo Log UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 1 Location: Sherwin-Williams Garland Manufacturing Plant City: Garland County/Parish: Dallas State: Texas Photo File Name: DSCN0798.jpg Date of Photo: 08/29/2022 Time: 1213 hrs Photographer: Erin Young-Dahl, EPA Inspector Witness: Bill Mansfield, EPA Inspector Description: Overview of the container draining and compacting area. Secured and labeled satellite accumulation drum located in the foreground on a pallet. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 2 Location: Sherwin-Williams Garland Manufacturing Plant City: Garland County/Parish: Dallas State: Texas Photo File Name: DSCN0799.jpg Date of Photo: 08/29/2022 Time: 1218 hrs Photographer: Erin Young-Dahl, EPA Inspector Witness: Bill Mansfield, EPA Inspector Description: Closer view of draining and compacting area. Five containers are open and tipped over open 5gallon buckets, but have finished draining. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 3 Location: Sherwin-Williams Garland Manufacturing Plant City: Garland County/Parish: Dallas State: Texas Photo File Name: DSCN0800.jpg Date of Photo: 08/29/2022 Time: 1234 hrs Photographer: Erin Young-Dahl, EPA Inspector Witness: Bill Mansfield, EPA Inspector Description: Overview of central accumulation area. Area is secured by a locking gate and warning signs. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 4 Location: Sherwin-Williams Garland Manufacturing Plant City: Garland County/Parish: Dallas State: Texas Photo File Name: DSCN0801.jpg Date of Photo: 08/29/2022 Photographer: Erin Young-Dahl, EPA Inspector Witness: Bill Mansfield, EPA Inspector Description: View of aisle spacing in central accumulation area. Time: 1234 hrs UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 5 Location: Sherwin-Williams Garland Manufacturing Plant City: Garland County/Parish: Dallas State: Texas Photo File Name: DSCN0802.jpg Date of Photo: 08/29/2022 Time: 1234 hrs Photographer: Erin Young-Dahl, EPA Inspector Witness: Bill Mansfield, EPA Inspector Description: Two containers in central accumulation area without easily visible labels. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 6 Location: Sherwin-Williams Garland Manufacturing Plant City: Garland County/Parish: Dallas State: Texas Photo File Name: DSCN0803.jpg Date of Photo: 08/29/2022 Time: 1235 hrs Photographer: Erin Young-Dahl, EPA Inspector Witness: Bill Mansfield, EPA Inspector Description: A container of hydrogen peroxide, an oxidizer, stored in the same area as ignitable hazardous waste without any barrier between the two types of hazardous waste. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 7 Location: Sherwin-Williams Garland Manufacturing Plant City: Garland County/Parish: Dallas State: Texas Photo File Name: DSCN0804.jpg Date of Photo: 08/29/2022 Photographer: Erin Young-Dahl, EPA Inspector Witness: Bill Mansfield, EPA Inspector Description: Unlabeled overpack drum in central accumulation area. Time: 1235 hrs UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 8 Location: Sherwin-Williams Garland Manufacturing Plant City: Garland County/Parish: Dallas State: Texas Photo File Name: DSCN0805.jpg Date of Photo: 08/31/2022 Time: 1352 hrs Photographer: Erin Young-Dahl, EPA Inspector Witness: Bill Mansfield, EPA Inspector Description: Manway hatch at the top of tank S-13 secured with incorrect bolts. The inspection team determined there was a leak here of 16,000 ppm using Method 21 monitoring. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 9 Location: Sherwin-Williams Garland Manufacturing Plant City: Garland County/Parish: Dallas State: Texas Photo File Name: DSCN0806.jpg Date of Photo: 08/31/2022 Time: 1352 hrs Photographer: Erin Young-Dahl, EPA Inspector Witness: Bill Mansfield, EPA Inspector Description: Closeup of TVA monitoring process. Measurements ranged from 100 ppm to 16,000 ppm around the manway hatch. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 10 Location: Sherwin-Williams Garland Manufacturing Plant City: Garland County/Parish: Dallas State: Texas Photo File Name: DSCN0807.jpg Date of Photo: 08/31/2022 Time: 1352 hrs Photographer: Erin Young-Dahl, EPA Inspector Witness: Bill Mansfield, EPA Inspector Description: Closeup of TVA monitoring process. Measurements ranged from 100 ppm to 16,000 ppm around the manway hatch. RCRA Compliance Evaluation Inspection Sherwin Williams - S Miller Rd Facility 8/29/2022 - 9/2/2022 APPENDIX 2 Daily Summaries From: To: Cc: Subject: Date: Penland, John Mansfield, William; Young-Dahl, Erin; Karen Juliussen; anthony.d.cade@sherwin.com; matthew.patton@sherwin.com; luis.h.menendez@sherwin.com Yurk, Jeffrey; Erin Gorman EPA RCRA Inspection of Sherwin Williams - Miller Road (TXD052131323) - Daily Summary August 29, 2022 Tuesday, August 30, 2022 2:22:36 PM All, here is a summary of my notes from yesterday's inspection. If there are any errors or omissions plea se let me know. Introduction During the week of August 29, 2022, EPA inspectors will be conducting an unannounced inspection of the Sherwin-Williams Manufacturing facility located at 2802 Miller Road in Garland, Texas for compliance with the Resource Conservation and Recovery Act (RCRA). This inspection is being conducted as part of the National Compliance Initiatives for air emissions from hazardous waste management and facilities located in Environment Justice communities. This inspection will include walkthroughs of the facility's waste generation and management units and a review of the facility records related to waste management Inspection Attendees: NAME TITLE John Sr. Penland Environmental Scientist - Lead Inspector Bill Sr. Mansfield Environmental Scientist - Asst Inspector Erin Young- Environmental Dahl Scientist - Asst. Inspector Karen Environmental Juliussen Investigator Anthony Cade, MBA Matthew Patton Luis Menendez Area EHS Manager EHS Specialist Plant Manager REPRESENTING US EPA Region 6 US EPA Region 6 US EPA Region 6 Texas Commission on Environmental Quality - Region 4 SherwinWilliams SherwinWilliams SherwinWilliams PHONE 214-6659717 214-6658321 214-6653166 817-5885800 469-2462141 469-2462179 513-4532587 EMAIL Penland.john@epa.gov Manfield.william@epa.gov Youngdahl.erin@epa.gov Karen.Juliussen@tceq.texas.gov Anthony.d.cade@sherwin.com Matthew.patton@sherwin.com Luis.h.menendez@sherwin.com Daily Summary Initial Entry to the facility - 10:45am Opening meeting start - approximately 11:00am I presented my credentials to Mr. Cade and informed him that we were there to conduct an inspection of the facility under the authority of section 3007 of the Resource Conservation and Recovery Act We discussed the authority for the inspection - RCRA Section 3007 - For purposes of developing or assisting in the development of any regulation or enforcing the provisions of this chapter, any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous wastes shall, upon request of any officer, employee or representative of the Environmental Protection Agency, duly designated by the Administrator, or upon request of any duly designated officer, employee or representative of a State having an authorized hazardous waste program, furnish information relating to such wastes and permit such person at all reasonable times to have access to, and to copy all records relating to such wastes. For the purposes of developing or assisting in the development of any regulation or enforcing the provisions of this chapter, such officers, employees or representatives are authorized-- (1)to enter at reasonable times any establishment or other place where hazardous wastes are or have been generated, stored, treated, disposed of, or transported from; (2)to inspect and obtain samples from any person of any such wastes and samples of any containers or labeling for such wastes. We discussed the purpose of EPA's inspection - Assessment of Sherwin Williams' compliance with its requirements under RCRA, including, but not limited to, the requirements for: waste determination and counting; waste marking; waste container management; use of the hazardous waste manifest; emergency planning; personnel training; and air pollution control requirements for hazardous waste units. Discussed the right of Sherwin Williams to assert a Confidential Business Information claim for records requested by EPA (see attachment) Discussed the process for transferring electronic records - EPA has set up a Microsoft OneDrive folder with access limited to the inspection participants and other designated Choctaw Manufacturing employees One Drive Link : Sherwin Williams Miller Rd Discussed the inspection process - the inspection will be conducted during normal business hours August 29 - September 2, 2022. The participants will meet at the facility to conduct the onsite portion of the inspection and discuss the findings of the ongoing records review. The records review will be conducted by the inspectors independently offsite throughout the week. Daily summaries will be provided by the inspectors at the end of each day to ensure a clear communication of questions and findings. The meeting Friday morning, September 2, 2022, will be reserved for a closing conference, where EPA will summarize the overall findings of the inspection to that point and provide a plan for concluding any unfinished evaluation. Presented the initial request for compliance records, including: Hazardous waste notification form: 8700-12 A current Hazardous Waste Contingency Plan Facility Maps A facility process Diagram Facility Waste Profiles Any Hazardous Waste Manifests not previously uploaded to E-manifest Any contract or agreement between the facility and any waste management company (TSDF) Facility SOPs related to the generation or management of hazardous waste RCRA Unit inspection records CAA Title V and NSR permits for hazardous waste management units Meeting concluded at approximately 11:30am Facility Walkthrough Beginning at approximately 11:45 am Water-based paint line Observed the operations of the water based paint manufacturing operations including: formulation, blending, and packaging No hazardous waste generation or accumulation was identified in this operation. Container Draining and Compacting Area Sherwin Williams operates this area to empty containers prior to compacting them for scrap metal recycling. Open containers are tipped vertically to allow residues to drain into buckets. Residues collected in these buckets are consolidated into a 55-gallon drum labeled as a "Satellite Accumulation" container At the time of this inspection, 5 containers were open and tipped to drain. However, the area was unattended and the containers had already finished draining. Please refer to the closure standards for removing material from containers, specifically 40 CFR 265.1087(c)(3)(ii) (https://www.law.cornell.edu/cfr/text/40/265.1087) I am requesting an SOP describing operations in this area. <90-day Central Accumulation Area Sherwin Williams operates this area for the accumulation of hazardous and nonhazardous solid waste. The area is secured with a gate with identifying and warning signs. The area is located within a concrete secondary containment structure and covered by metal roof. Spill response equipment, Alarms, and fire extinguishers were located in the area. Containers are stacked on pallets 2 high and at this time on this inspection shared a single containment area All containers were labeled and dated with an accumulation start date All start dates where within the 90-day limit We identified on container of hydrogen peroxide (oxidizer) located in the southeast corner of the area. This material is incompatible with the flammable wastes also stored in this area. See 40 CFR 262.17(a)(1)(vii)(C) https://www.law.cornell.edu/cfr/text/40/262.17 Solvent-based paint line Walkthrough of this area began at approximately 2:15 after a lunch break The solvent-based paint line is a 3 story gravity flow process which is currently being remodeled to manufacture water-based paints. We need the date when the solvent-based line was taken out of service On the third floor we identified one drum marked as a "Satellite Accumulation" container On the second floor we identified one drum of excluded solvent wipes which was open at the time of this inspection Notably, the bung opening on the container was covered with a paper drinking cup. Other paper cups where observed on product storage containers in this area See 40 CFR 261.4(a)(26) https://www.law.cornell.edu/cfr/text/40/261.4 On the first floor, we observed 2 drums in use for solvent washing of parts. The lids for these containers had been placed on the containers but not secured. Departed Facility at approximately 3:00pm Planned activities for August 30, 2022 Offsite review of Waste profiles and other documents Onsite inspection will recommence at 9:00am on Wednesday, August 31, 2022 John Penland Senior Environmental Scientist (ECDSR) Enforcement and Compliance Assurance Division Waste Enforcement Branch EPA Region 6 1201 Elm St., Suite 500 Dallas, Texas 75270 (214)665-9717 Young-Dahl, Erin From: Sent: To: Cc: Subject: Penland, John Wednesday, August 31, 2022 8:53 PM anthony.d.cade@sherwin.com; Mansfield, William; Young-Dahl, Erin; luis.h.menendez@sherwin.com; matthew.patton@sherwin.com; Karen Juliussen Erin Gorman; Yurk, Jeffrey EPA RCRA Inspection of Sherwin Williams - Miller Road (TXD052131323) - Daily Summary August 31, 2022 All, here is a summary of my notes from today's inspection. If there are any errors or omissions please let me know. Inspection Attendees: NAME TITLE John Penland Sr. Environmental Scientist - Lead Inspector Bill Mansfield Sr. Environmental Scientist - Asst Inspector Erin Young-Dahl Environmental Scientist - Asst. Inspector Karen Juliussen Environmental Investigator Anthony Cade, MBA Matthew Patton Luis Menendez Area EHS Manager EHS Specialist Plant Manager REPRESENTING US EPA Region 6 PHONE 214-665-9717 US EPA Region 6 214-665-8321 US EPA Region 6 214-665-3166 Texas Commission on Environmental Quality - Region 4 Sherwin-Williams 817-588-5800 469-246-2141 Sherwin-Williams Sherwin-Williams 469-246-2179 513-453-2587 EMAIL Penland.john@epa.gov Manfield.william@epa.gov Youngdahl.erin@epa.gov Karen.Juliussen@tceq.texas.gov Anthony.d.cade@sherwin.com Matthew.patton@sherwin.com Luis.h.menendez@sherwin.com Daily Summary Inspection Start approximately 0900 Review of Daily Summary from Monday, August 29, 2022 o Incompatible waste drums identified in Central Accumulation Area moved to separate spill pallet. Photo provided. o Unlabeled overpack drum in Central Accumulation Area labeled. Photo provided o Open container of solvent wipes closed. Photo provided. o In-process solvent wash containers equipped with new lids. Photo provided. Review of waste determinations o 17126-4 : Universal Waste Fluorescent bulbs o 17126-6 : Spent Solvent from Dallas Emulsion Plant (DEP) D001, D035, F003, F005 Accumulated for reclamation in tank S-13 o 17126-8 : Still Bottoms from the reclamation of Spent Solvent in S-13 D001, D035, F003, F005 Accumulated for disposal in tank T-5 o 17126-9 : Discarded Aerosols D001 1  Could qualify for Universal Waste definition Hazard characterization needs to be made on a batch basis to evaluate for U-code applicability o 17126-10 : Water-based paint waste Non-haz o 17126-11 : Waste mopheads D001, D035, F003, F005 Generated on each process floor of DEP and accumulated in Satellite accumulation drums o 17126-14 : Water-based paint waste Non-haz o 17126-16 : Still bottoms (0078602H) Same as 17126-8 except for different transportation packaging (bulk vs drum) o 17126-21 : Sodium Hydroxide (0085119H) D002 No disposal profile provided o 17126-22 : Sulfuric Acid (0084119H) D002 No disposal profile provided o 17126-26 : Biocide Claimed non-haz SDS indicates a potential pH range of 1.7-3.7. The low-end of this range would qualify as D002 o 17126-28 : Non-haz Resin o 17126-29 : Resin Solution (0089606H) D001 o 17126-30 : Combustible Liquid (0091219H) Unused commercial chemical product - 2-butoxyethanol <0.5% MEK Clarification on the EPA waste code needed o 17126-31 : Methanol U154, D001 Where in the process was this used? o 17126-32 : Petroleum Distillates (0092211H) D001 Generated from the disposal of Unused solvents from DEP o 17126-33 : Xylene (0095203H) D001 Missing U239 code as unused commercial chemical product o 17126-34 and 35 : Unused Toluene Need clarification on these wastes streams o Notable exception: No profile has been provided for the consolidated product and waste residues in the waste container located in the drum draining and crushing area Inspection of Tank T-5 o Currently empty and out of service o Requested last in service dates o Requested operating records indicating waste thruput Inspection of Tank S-13 o Currently contains residual wastes from the DEP o Requested operating records indicating waste thruput o In the process of being decommissioned but still contains waste residues o Pump for this cone-bottom tank has been disconnected o Method-21 monitoring identified emissions of 16,000ppm from the manway hatch on the top of this tank. The manway was equipped with the incorrect bolts. We were unable to determine whether a gasket was in place. 2  Departed facility at approximately 1445 Planned activities for September 1, 2022 Morning offsite review of records 1300 onsite inspection o Review of training program Requesting identification and training records for the following employees: Christopher Barto Jason Ward Keith McVay Matoaka Johnson Matthew Patton Peter Adeoti Robert Radulescu Shawn Fesmire Please note that these people are signatories to the facility's waste manifests but may not be employees of Sherwin Williams. This is expected where TSD and transporters are acting as agents of the generator. Where this is the case, there is no expectation that Sherwin Williams would provide training records, but instead a record of communication authorizing the third-party to act on behalf of the generator is needed. o Review of Emergency procedures o Review of Facility Inspection records o Review of the current status of records production John Penland Senior Environmental Scientist (ECDSR) Enforcement and Compliance Assurance Division Waste Enforcement Branch EPA Region 6 1201 Elm St., Suite 500 Dallas, Texas 75270 (214)665-9717 3 Young-Dahl, Erin From: Sent: To: Cc: Subject: Penland, John Thursday, September 1, 2022 7:51 PM Mansfield, William; Young-Dahl, Erin; Karen Juliussen; anthony.d.cade@sherwin.com; luis.h.menendez@sherwin.com; matthew.patton@sherwin.com Erin Gorman; Yurk, Jeffrey EPA RCRA Inspection of Sherwin Williams - Miller Road (TXD052131323) - Daily Summary September 1, 2022 All, here is a summary of my notes from today's inspection. If there are any errors or omissions please let me know. Inspection Attendees: NAME TITLE John Penland Sr. Environmental Scientist - Lead Inspector Erin Young-Dahl Environmental Scientist - Asst. Inspector Anthony Cade, Area EHS MBA Manager Matthew Patton EHS Specialist Luis Menendez Plant Manager REPRESENTING US EPA Region 6 US EPA Region 6 Sherwin-Williams Sherwin-Williams Sherwin-Williams PHONE 214-665-9717 214-665-3166 469-246-2141 469-246-2179 513-453-2587 EMAIL Penland.john@epa.gov Youngdahl.erin@epa.gov Anthony.d.cade@sherwin.com Matthew.patton@sherwin.com Luis.h.menendez@sherwin.com Daily Summary Inspection Start approximately 1300 Inspection discussion conducted remotely via Microsoft TEAMS Review of Daily Summary from Monday, August 31, 2022 o Waste Determinations Sodium Hydroxide Waste disposal profile uploaded Sulfuric Acid Waste disposal profile uploaded Profile 17126-35 corrected o Tank S-13 Replacement of bolts and seal on manway being replaced. Photos will be uploaded when complete. Review of Emergency Response Plan incorporating the RCRA Contingency Plan o Reviewed for compliance with the standards codified at 40 CFR 262 Subpart M (https://www.law.cornell.edu/cfr/text/40/part-262/subpart-M) o The emergency equipment list in the document does not include a description of the equipment's capabilities as required by 40 CFR 262.261(e) o The facility was able to provide an existing list with equipment capabilities immediately when this issue was raised. Facility Inspection Records o These records will be reviewed to ensure that Sherwin Williams conducted all of the required inspections o Central Accumulation Area 1  Inspection records do not address waste compatibility, an issue that was identified in the area on August 29, 2022. Inspection records from June 2022 indicate that waste may have been stored for more than 90- days. For this instance and any additional instances, Sherwin Williams will need to provide additional information related to this waste showing the generation and storage timeline for the waste. o Tanks T5 and S13 The inspection records will be reviewed for completeness The inspection records have a space for the operators to document waste thruput for the tanks, but I was unable to identify a record that completed this space. I have requested that Sherwin Williams provide records showing that waste is not being stored in the tanks for more than 90-days; in whatever form these records might take. Training Records o The training program will be evaluated for compliance with the standards codified at 40 CFR 262.17(a)(7) - https://www.law.cornell.edu/cfr/text/40/262.17 o Sherwin Williams provides all employees with a comprehensive RCRA training class. A copy of the training materials has been provided. o Requesting training records for the following employees: Christopher Barto (manifests) Jason Ward (manifests) Keith McVay (manifests) Matoaka Johnson (manifests) Matthew Patton (manifests and inspection records) Peter Adeoti (manifests) Robert Radulescu (manifests) R. Boszor (inspection records) J. Merit (inspection records) Gable Belle (inspection records) J. Johnson (inspection records) Luis Menendez (Contingency Plan) Anthony Cade (Contingency Plan) Danny Badeaux (Contingency Plan) Michael Philipp (Contingency Plan) Jason Herington (Contingency Plan) Shawn Fesmire (manifests) o For each employee we will need to review the job title, job description, list of initial and ongoing training, and documentation showing that training was completed. Planned activities for September 2, 2022 o Closing Conference at 0900 John Penland Senior Environmental Scientist (ECDSR) Enforcement and Compliance Assurance Division Waste Enforcement Branch EPA Region 6 1201 Elm St., Suite 500 Dallas, Texas 75270 (214)665-9717 2