EPA v. MINOSOLVE, LLC(f/k/a PENN A KEM, LLC)

Case summary

SEPTEMBER 22, 2026 - CONSENT AGREEMENT On April 9, 2024, the EPA and TDEC conducted a RCRA compliance evaluation inspection (CEI) at the Facility. On June 26, 2024, the EPA mailed the Respondent an Opportunity to Show Cause Letter (Show Cause Letter) and a CEI Report documenting the EPA's inspection findings. Inspectors observed one closed 1,000 milliliter (mL) hazardous waste (D001) container of laboratory waste from an HPLC machine in the Quality Control (QC) Laboratory SAA that was marked with an indication of the hazards of the contents (flammable) but was not labeled with the words -Hazardous Waste. Inspectors observed a closed 1,800 mL hazardous waste (D001) container in the R&D Laboratory SAA that was labeled with the words - Hazardous Waste, but was not marked with an indication of the hazards of the contents. Respondent did not provide documentation of weekly inspections for the Railcar CAA. Respondent did not have the required emergency equipment (e.g., fire and spill control equipment) in the vicinity of the areas where hazardous waste was generated or accumulating (i.e., near the QC Laboratory CAA and the Main CAA). Inspectors observed that the contingency plan did not include a complete up-to-date list of all required emergency equipment at the Facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems, and decontamination equipment), and did not provide the location and a physical description of each item on the list or a brief outline of each item's capabilities. Respondent was unable to provide records to demonstrate that the amended January 2024 contingency plan and quick reference guide had been submitted to the local emergency responders. Inspectors observed two cardboard boxes (4-ft and 8-ft) of universal waste lamps in the Digester Building that were not closed. Inspectors observed one 8-ft container of universal waste lamps that were not labeled with the words - Universal Waste, Lamps, or Waste Lamps, or Used Lamps, in the Digester Building. Inspectors observed one 8-ft cardboard box of universal waste lamps in the Digester Building with no accumulation start date, and the Respondent was unable to demonstrate how long the universal waste had been accumulating from the date it became a waste. Inspectors observed one 55-gallon container of universal waste aerosol cans outside of the Fine Chemicals Building bearing an accumulation start date of January 13, 2022. Inspectors reviewed the Respondent's annual reports and identified inaccurate and incomplete entries relating to waste coding, disposition, and hazard criteria for three hazardous waste streams reported in the 2023 annual report. Inspectors observed hundreds of containers stored behind Building 85, designated by the Respondent as “work in process (WIP). The WIP containers were stored outside exposed to the elements; some of the WIP containers were in poor condition (i.e., crushed, bulging, corroding) and were missing labels to identify or date the contents. The Respondent represented that the WIP was being accumulated for recycling or reclamation back into a manufacturing process. Respondent did not provide information during the CEI sufficient to demonstrate that the WIP could be used directly in production of products or in support of production operations. Following the CEI, the Respondent reevaluated the WIP containers and shipped 85,080 pounds of WIP containers offsite for management as hazardous waste. On July 10, 2024, the Respondent provided the EPA a response to the Show Cause Letter and CEI Report. Based on the Respondent's substantiated ability to pay claim, the Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00), which is to be paid within thirty (30) days of the Effective Date of this CAFO.

Defendants (1)

• MINOSOLVE, LLC(f/k/a PENN A KEM, LLC)Named in complaintNamed in settlement

Facilities (2)

• MINASOLVE, LLC

  3324 CHELSEA, MEMPHIS, TN, 38108

  Registry ID: 110009446643

• MINASOLVE, LLC

  3324 CHELSEA, MEMPHIS, TN, 38108

  Registry ID: 110009446643

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• MINOSOLVE, LLC(f/k/a PENN A KEM, LLC)entered 2026-09-22

  Primary law: RCRA

  Federal penalty: $100,000

Timeline (3 milestones)

• 2026-09-22Complaint Filed/Proposed Order
• 2026-09-22Final Order Issued
• 2026-09-23Enforcement Action Data Entered