Barron County Waste to Energy Facility (BCW2E) entered into a CAFO resolving a Finding of Violation (FOV) issued by Region 5 on March 7, 2019, for violations of the Federal Plan Requirements for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999, 40 C.F.R. Part 62, Subpart 1.1.1, and BCW2E's associated Title V operating permit requirements. The FOV alleged that BCW2E operated its municipal waste combustion units in excess of the cadmium (Cd) emissions limits, in violation of 40 C.F.R. 62.1516(a)(2) and its Title V permit; failed to stack test until three consecutive years showed compliance with the Cd limit, in violation of 40 C.F.R. ? 62.15250(a) and its TV permit; failed to record the reasons for its low-carbon feed rates, in violation of 40 C.F.R. ?15310(b)(2) and its Title V permit; failed to record the corrective actions required to meet the 8-hour average, in violation of 40 C.F.R. ? 62.15310(b)(3) and its Title V permit; failed to develop a specific operating manual for the plant, as required by 40 C.F.R. ? 62.15115(a)(2) and its Title V permit; failed to have its shift supervisors complete the EPA operator training course in violation of 40 C.F.R. 62.15Jo5(b) and its Title V permit; and exceeded stack opacity average limits at exhaust stack S10 in violation of 40 C.F.R. ? 62.15160 (a)(2) and its Title V permit.
During settlement negotiations BCW2E presented evidence that it was currently in compliance and that the cadmium emissions exc