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 stor