EPA v. BRYCE CORPORATION

Case summary

OCTOBER 17, 2023 - CONSENT AGREEMENT On October 28, 2022, the EPA and TDEC conducted a compliance evaluation inspection (CEI) at the Respondent's Facility. The Respondent was using a solvent mixture containing normal propyl acetate and normal propyl alcohol to perform ongoing cleaning operations on two of the Facility's printing presses. Following the use of the solvent mixture for cleaning of the presses, the solvent mixture became spent. The spent solvent mixture generated by the cleaning of the two separate presses was accumulated in two individual tank systems which are part of the Facility's two printing presses. The Respondent had not made a hazardous waste determination on the spent solvent mixture of normal propyl acetate and normal propyl alcohol when it was managed in the Spent Solvent Tanks. Respondent only identified the spent solvent mixture as a hazardous waste exhibiting the characteristic of ignitability once the spent solvent mixture was removed from the Spent Solvent Tanks. The inspectors observed eight (8) open 55-gallon containers of hazardous waste within SAAs at the Facility in the area of its printing presses. The inspectors observed two (2) containers of hazardous waste within SAAs at the Facility in the area of its printing presses which were not labeled with the words Hazardous Waste or an indication of the hazards of the contents. The inspectors observed that the Respondent had not performed weekly inspections of its CAA looking for leaking containers and for deterioration of containers caused by corrosion or other factors for the weeks of October 11, 2020, November 15, 2020, and April 18, 2021. The inspectors found that an assessment of the Spent Solvent Tanks had not been performed by those persons required to certify the design and installation of the tank system. The inspectors observed that the Spent Solvent Tanks had not been inspected daily. At the time of the CEI, the Respondent had not complied with the organic air emission standards for the tanks or their ancillary equipment. The inspectors observed eight 55-gallon containers of hazardous waste within its CAA without the date upon which accumulation had begun on each container. The inspectors observed that the Spent Solvent Tanks were not labeled with the words Hazardous Waste. The inspectors observed that a lack of training records at the Facility demonstrated that personnel had not taken part in an annual review of the initial hazardous waste training required for its personnel for the years 2020 and 2021. The inspectors observed universal waste lamps managed in a box that was damaged and not structurally sound. The inspectors observed used oil accumulating in a 55-gallon container that was not labeled with the words Used Oil. The Respondent failed to determine that the ignitable solvent, which became spent upon being used for cleaning printing presses at the Facility, was a D001 characteristic hazardous waste at the time it was being managed in the Spent Solvent Tanks. ake a hazardous waste determination on solid waste generated at its Facility. The Respondent failed to manage hazardous waste within closed containers within SAAs at its Facility. The EPA therefore alleges the Respondent violated by storing hazardous waste without a permit or interim status, because the Respondent failed to keep its containers of hazardous waste closed which is a condition of the SAA Permit Exemption. The Respondent failed to manage hazardous waste within containers labeled with the words Hazardous Waste and with an indication of the hazards of the contents of the containers within SAAs at its Facility.

Defendants (1)

• BRYCE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• THE BRYCE COMPANY, LLC

  4505 OLD LAMAR AVENUE, MEMPHIS, TN, 38118

  Registry ID: 110000745560

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• BRYCE CORPORATIONentered 2023-10-17

  Primary law: RCRA

  Federal penalty: $36,800

Timeline (4 milestones)

• 2023-10-17Complaint Filed/Proposed Order
• 2023-10-17Final Order Issued
• 2023-10-19Enforcement Action Closed
• 2023-11-29Enforcement Action Data Entered