EPA v. CORMETECH, INC., CHARLOTTE, NORTH CAROLINA

Case summary

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 limits by 9 percent and 25 percent, respectively, and was fined by NCDEQ. In August 2018, the Facility exceeded the daily maximum pretreatment standard for arsenic in the SIU permit. The following month, in September 2018, the POTW exceeded its monthly average ammonia limit by 38 percent and was again fined by NCDEQ. The Respondent incurred SIU permit violations of which there is no record of notifying the Control Authority within 24 hours of becoming aware of the violation (February 18, February 24, and March 3, 2017; and February 17, 2018), and no record of identification and enforcement by the Control Authority. The Respondent incurred pretreatment standard violations that received repeat sampling and analyses, but the results of those analyses were not submitted to the Control Authority within 30 days after becoming aware of the violation so the Control Authority could promptly act on the information. The late submissions to the Control Authority were not identified and enforced by the Control Authority; their due dates were March 18 and March 25, 2017; and January 20, March 18, and September 15, 2018. Based on the aforementioned findings of fact and additional information obtained pursuant to Section 308 of the CWA, the EPA has identified the following violations of pretreatment standards and requirements, as defined by 40 C.F.R. ?? 403.3(l) and 403.3(t): Within 120 calendar days after the Effective Date of this AOC, Respondent shall submit one of the following for review and approval by the EPA: 1. Corrective Action Plan (CAP); or 2. Regeneration Closure Plan (RCP).

Defendants (2)

• CHARLOTTE, NORTH CAROLINANamed in settlement
• CORMETECH, INCNamed in settlement

Facilities (1)

• CORMETECH INC. - KINGS MOUNTAIN

  304 LINWOOD RD, KINGS MTN, NC, 28086

  Registry ID: 110001476714

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CORMETECH, INC., CHARLOTTE, NORTH CAROLINAentered 2024-09-03

  Primary law: CWA

Timeline (2 milestones)

• 2024-09-03Final Order Issued
• 2024-09-23Enforcement Action Data Entered