EPA v. EXCEL TSD OF TENNESSEE, LLC

Case summary

SEPTEMBER 14, 2026 - CONSENT AGREEMENT On September 4, 2024, EPA and TDEC conducted a compliance evaluation inspection (CEI) at the Respondent's Facility. The EPA's findings of the CEI were documented in a report mailed to the Respondent, dated May 23, 2025. TDEC's findings of the CEI were documented in a report mailed to the Respondent, dated November 13, 2024. Certain observations in this CAFO were made by the EPA inspector. Certain observations in this CAFO were made by the TDEC inspector. All observations cited in this CAFO are memorialized in either the EPA CE! report and/or the TDEC CEI report. EPA observed that the Respondent had not labeled eight containers storing hazardous waste in SAAs at the Laboratory and Decontamination Shed with the indication of the hazards of their contents. EPA observed that the Respondent's quick reference guide did not include the updated name(s) of the emergency coordinator(s) or emergency telephone number(s). TDEC observed one five-gallon container storing hazardous waste in Area 4 that was not labeled with a material profile form number or a container number. TDEC observed one five-gallon container storing hazardous waste that was not labeled with the words Hazardous Waste . EPA observed four boxes storing hazardous waste in Area 5 and the TDEC inspector observed one five-gallon container storing hazardous waste in Area 4 that was not labeled with an accumulation start date. EPA observed the Respondent storing 125 hazardous waste containers in Areas 2, 3, 4, 5, and 6 (53 hazardous waste containers in Area 2, one roll-off container in Area 3, 58 hazardous waste containers in Area 4, 12 hazardous waste containers in Area 5 (Building A}, and one hazardous waste container in Area 6 (Building B)) that were not labeled with the indication of the hazards of the contents. EPA observed five containers storing hazardous waste for longer than one year in Areas 2 and 4. The Respondent was unable to show that the storage for greater than one year was for the sole purpose of facilitating proper recovery, treatment, or disposal. EPA observed that the aisle space between two sets of rows of containers storing hazardous waste in Area 5 (Building A) did not allow for the unobstructed movement of personnel or emergency equipment. The aisle space between the rows was less than 2.5 feet. EPA observed three severely dented containers storing hazardous waste in Area 4EPA inspector observed five containers storing hazardous waste that were open in Areas 2 and 5. EPA observed one container storing ignitable hazardous waste (EPA Hazardous Waste Number D001} in an area within Area 6 (Building B) that was within 15 meters (50 feet} of the Facility's property line. EPA observed rust on the outside of Tanks Fl and F2 and discoloration on the outside of the conservation vent between Tanks Fl and F2, which indicated a release. Tanks Fl and F2 manage D001 ignitable hazardous waste. Respondent acknowledged that its ancillary equipment, which was part of its tank system, was in contact with hazardous waste with organic concentration of at least 10 percent by weight. EPA inspector noted the Respondent's calibration records showed that the instrument used in leak detection monitoring was not calibrated before use on each day of its use and was not calibrated to the calibrating gas. The instrument was used in leak detection monitoring for all equipment in contact with hazardous waste with organic concentration of at least 10 percent by weight. Respondent acknowledged that its tanks, Fl and F2, were accumulating hazardous waste containing an average volatile organic concentration greater than 500 ppmw. EPA observed a missing bolt from one of the closure devices on the fixed roof of Tank Fl. The Respondent consents to the payment of a civil penalty, in the amount of THREE HUNDRED ANO EIGHTY-FIVE THOUSAND DOLLARS $385,000.00], which is to be paid within 30 days.

Defendants (1)

• EXCEL TSD OF TENNESSEE, LLCNamed in complaintNamed in settlement

Facilities (1)

• EXCEL TSD OF TN LLC

  552 RIVERGATE RD, MEMPHIS, TN, 38109-2428

  Registry ID: 110000374149

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• EXCEL TSD OF TENNESSEE, LLCentered 2026-09-14

  Primary law: RCRA

  Federal penalty: $385,000

Timeline (3 milestones)

• 2026-09-14Final Order Issued
• 2026-09-14Complaint Filed/Proposed Order
• 2026-09-21Enforcement Action Data Entered