SEPTEMBER 3, 2024 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT
The EPA asserts, and Respondents neither admit nor deny, that the following findings of fact and determinations of law are substantiated:
The Facility began operating in April 2007. The Facility receives used materials from off-site, which are catalyst modules that client power plants employ to reduce their emissions of nitrogen oxides. The catalyst modules are composed of a titanium oxide-based ceramic structure that is surfaced with a customized catalytic layer containing vanadium as an active ingredient. Upon receipt, the catalyst modules are assessed for condition, and either disposed or subjected to a regeneration process recovering their catalytic function and allowing their reuse by clients. The Facility's regeneration process extracts the industrial wastes accumulated by the catalyst module during its service, which are primarily metals-bearing wastes, and removes and replaces the used portion of the catalytic layer. The regeneration process results in a wastewater stream.
The POTW exceeded its arsenic monthly average effluent limit in June 2017 and July 2017 and exceeded its daily maximum arsenic effluent limit in June 2017. About two months later, in September 2017, the POTW also exceeded its weekly average effluent limit for ammonia by 77 percent and its monthly average effluent limit for ammonia by 184 percent.
In May 2018, the POTW exceeded its daily maximum and monthly average arsenic lim