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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 July 6, 2023 TRANSMITTED VIA E-MAIL Mr. Benjamin Priola Wyman-Gordon Forgings, Inc. 10825 Telge Road Houston, Texas 77095 ben.priola@wyman.com Re: Administrative Order; Docket Number: CWA-06-2023-1752 Wyman-Gordon Forgings, Inc. TPDES Permit Number: TX0042129 Dear Mr. Priola: Enclosed is an Administrative Order (AO) issued to Wyman-Gordon Forgings, Inc., for violations of the Clean Water Act (CWA) (33 U.S.C. 1251 et seq.). Violations were identified during a review of the permit file and discharge monitoring reports submitted for the Wyman-Gordon Wastewater Treatment Facility. The violations alleged are for failure to meet permit effluent limitations and failure to report sampling and monitoring results in discharge monitoring reports. The EPA requests that you immediately confirm receipt of this e-mail and the attached order by a response e-mail to vaughn.alan@epa.gov. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within thirty days of the effective date of the AO. The Environmental Protection Agency is committed to ensuring compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) program and my staff will assist you in any way possible. Please reference AO Docket Number CWA-06-2023-1752 and TPDES Permit Number TX0042129 on your response. If you have any questions, please contact Mr. Alan Vaughn of my staff, at (214) 665-7487 or vaughn.alan@epa.gov. Sincerely, Digitally signed by MARGARET OSBOURNE Date: 2023.07.06 15:40:57 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure ec: kristy.deaver@tceq.texas.gov UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 1201 Elm St. Suite 500 Dallas, TX 75270-2102 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2023-1752; TPDES Permit Number: TX0042129 STATUTORY AUTHORITY The following findings are made, and Order issued, under the authority vested in the Administrator of the United States Environmental Protection Agency (EPA), Section 309(a) of the Clean Water Act (the Act), 33 U.S.C. 1319(a). The Administrator of EPA delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who delegated this authority to the Director of the Enforcement and Compliance Assurance Division. FINDINGS 7. Section 402 of the Act, 33 U.S.C. 1342, authorizes states to request approval from EPA to administer their own permit programs for discharges into navigable waters within their jurisdiction. Pursuant to this provision, the State of Texas requested approval from EPA to administer its own permit program for discharges into navigable waters within Texas, and such approval was granted by EPA on September 14, 1998. Therefore, pursuant to the State's permit program, the Texas Commission on Environmental Quality (TCEQ) issued Texas Pollutant Discharge Elimination System (TPDES) permits. Violation of a TPDES permit is a violation of Section 301(a) of the Act, 33 U.S.C. 1311(a). 1. Wyman-Gordon Forgings, Inc. (Respondent) is a "person," as that term is defined at Section 502(5) of the Act, 33 U.S.C. 1362(5), and 40 C.F.R. 122.2. 2. At all times relevant to this Order (all relevant times), Respondent owned or operated the Wyman-Gordon Wastewater Treatment Facility (facility) located at 10825 Telge Road, Houston, Harris County, Texas 77095, and was, therefore, an "owner or operator" within the meaning of 40 C.F.R. 122.2. 3. At all relevant times, the facility acted as a "point source" of a "discharge" of "pollutants" with its final wastewater discharge to an unnamed drainage ditch, thence to Harris County Flood Control District (HCFCD) Ditch No. U106-13-00; thence to Horsepen Creek; thence to Langham Creek; thence to Bear Creek; thence to South Mayde Creek; thence to Buffalo Bayou above Tidal in Segment No. 1014 of the San Jacinto River Basin, which are "waters of the United States," within the meaning of Section 502 of the Act, 33 U.S.C. 1362, and 40 C.F.R. 122.2. 4. Because Respondent owned or operated a facility that acted as a point source of discharges of pollutants to waters of the United States, Respondent and the facility were subject to the Act and the National Pollutant Discharge Elimination System (NPDES) program. 5. Under Section 301 of the Act, 33 U.S.C. 1311, it is unlawful for any person to discharge any pollutant from a point source to waters of the United States, except with the authorization of, and in compliance with, an NPDES permit issued pursuant to Section 402 of the Act, 33 U.S.C. 1342. 6. Section 402(a) of the Act, 33 U.S.C. 1342(a), provides that the Administrator of EPA may issue permits under the NPDES program for the discharge of pollutants from point sources to waters of the United States. Any such discharge is subject to the specific terms and conditions prescribed in the applicable permit. 8. Respondent applied for and was issued TPDES Permit No. TX0042129 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which was issued on October 24, 2018. At all relevant times, Respondent was authorized to discharge pollutants from the facility to waters of the United States only in compliance with the specific terms and conditions of the permit. 9. The permit includes "Monitoring and Reporting Requirements" that require Respondent to sample and test its effluent and monitor its compliance with permit conditions according to specific procedures, in order to determine the facility's compliance or noncompliance with the permit and applicable regulations. The permit also requires Respondent to file with TCEQ certified Discharge Monitoring Reports (DMRs) of the results of monitoring, and Noncompliance Reports when appropriate. 10. The permit contains "Effluent Limitations and Monitoring Requirements" that place certain limitations on the quality and quantity of effluent discharged by Respondent. Effluent Limitations and Monitoring Requirements under the permit for Outfall 002 (TX2) require the Respondent to monitor once per quarter when discharge occurs for Whole Effluent Toxicity (WET) (Parameters 51710 and 51714). The relevant discharge limitations are specified in Attachment A, which is incorporated herein by reference. 11. Certified DMRs filed by Respondent with TCEQ in compliance with the permit show discharges of pollutants from the facility that exceed the permitted effluent limitations established in the permit, as specified in Attachment B, as well as missing monitoring and sampling results, as specified in Attachment C. Attachments B and C are incorporated herein by reference. Docket No. CWA-06-2023-1752 Page 2 12. Pursuant to 1.e. of the "Chronic Biomonitoring Requirements: Freshwater" section of the permit, if a test species fails to pass the sublethal endpoint at the 14% effluent concentration, the testing frequency will increase to monthly until such time compliance with the NOEC effluent limitation is demonstrated for a period of three consecutive months, at which time the quarterly testing frequency may be resumed. 13. Pursuant to 3.b.2. of the "Chronic Biomonitoring Requirements: Freshwater" section of the permit, monthly biomonitoring test results are due on or before the 20th day of the month following sampling. 14. Certified DMRs filed by Respondent with TCEQ in compliance with the permit show that Respondent failed to conduct increased monitoring for WET when a test species failed to pass the sublethal endpoint at the 14% effluent concentration in accordance with 1.e. of the "Chronic Biomonitoring Requirements: Freshwater" section of the permit. 15. Each instance in which Respondent discharged pollutants to waters of the United States in amounts exceeding the effluent limitations contained in the permit, failed to conduct monitoring, or failed to report monitoring and sampling results in its DMRs, was a violation of the permit and Section 301 of the Act, 33 U.S.C. 1311. SECTION 309(a)(3) COMPLIANCE ORDER D. Within thirty (30) days of the effective date of this Order, Respondent shall resubmit DMR's for November 2022, and February 2023, with the parameter sampling result values identified in Attachment C. E. In the event the Respondent believes complete correction of the violations cited herein is not possible within thirty (30) days of the effective date of this Order, Respondent shall, within thirty (30) days of the effective date of this Order, submit a comprehensive written plan for the elimination of the cited violations within the shortest possible time. Such plan shall describe in detail the specific corrective actions to be taken and why such actions are sufficient to correct the violations. The plan shall include a detailed schedule for the elimination of the violations within the shortest possible time, as well as measures to prevent these or similar violations from recurring. F. Any information or correspondence submitted by Respondent to EPA under this Order shall be submitted, via email, to the following: Mr. Alan Vaughn vaughn.alan@epa.gov GENERAL PROVISIONS Respondent may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706. 16. Based on the foregoing Findings and pursuant to the authority of Section 309(a)(3) of the Act, 33 U.S.C. 1319(a)(3), EPA hereby orders Respondent to take the following action: A. Take such measures as are necessary to comply with all permit conditions, including Effluent Limitations, Monitoring and Reporting Requirements, and Chronic Biomonitoring Requirements no later than thirty (30) days from the effective date of the Order. B. Within thirty (30) days of the effective date of this Order, Respondent shall submit a list of the specific actions taken to correct the Whole Effluent Toxicity, Oil & Grease, Dissolved Oxygen, Hexavalent Chromium, Total Aluminum, Total Mercury, Carbonaceous Biochemical Oxygen Demand, Total Nickel, Total Residual Chlorine, Chemical Oxygen Demand, and E. coli violations. C. Within thirty (30) days of the effective date of this Order, Respondent shall provide written certification to EPA Region 6 that the violations cited herein have been corrected and the facility is compliant with the requirements of the permit. Issuance of this Section 309(a)(3) Compliance Order shall not be deemed an election by EPA to waive any administrative, judicial, civil, or criminal action to seek penalties, fines or other relief under the Act for the violations cited herein, or other violations that become known to EPA. EPA reserves the right to seek any remedy available under the law that it deems appropriate. Failure to comply with this Section 309(a)(3) Compliance Order or the Act may result in further administrative action, or a civil judicial action initiated by the United States Department of Justice. For purposes of the identification requirement in Section 162(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. 162(f)(2)(A)(ii), and 26 C.F.R. 1.162-21(b)(2), performance of Paragraph 16 is restitution, remediation, or required to come into compliance with the law. This Order does not constitute a waiver or modification of the terms or conditions of Respondent's NPDES permit, which remain in full force and effect. Compliance with the terms and conditions of this Order does not relieve Respondent of its obligation to comply with any applicable federal, state, or local law or regulation. Docket No. CWA-06-2023-1752 Page 3 The effective date of this Order is the date it is received by Respondent. July 6, 2023 Date Digitally signed by MARGARET OSBOURNE Date: 2023.07.06 15:40:05 -05'00' ~~~h Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Attachment A Wyman-Gordon Forgings, Inc. TX0042129 Permit Limits Effluent Characteristics Discharge Limitations Daily Avg. Daily Max. Outfall 101, 201, 301 E. coli Outfall 002 Oil and Grease 63 CFU/100 ml 10.7 lbs/day 197 CFU/100ml 14.9 lbs/day Chemical Oxygen Demand 376 lbs/day 563 lbs/day Carbonaceous Biochemical Oxygen Demand Hexavalent Chromium 45 lbs/day 0.0132 mg/L 75 lbs/day 0.0279 mg/L Aluminum, Total 0.834 mg/L 1.77 mg/L Mercury, Total 0.000039 mg/L 0.000082 mg/L Nickel, Total Dissolved Oxygen (minimum) Outfall TX2 Sublethal Whole Effluent Toxicity Ceriodaphnia dubia Sublethal Whole Effluent Toxicity Pimephales promelas 0.10 mg/L 5.0 mg/L 14% monthly avg. min. 14 % monthly avg. min. 0.30 mg/L 5.0 mg/L 14 % 7-day min. 14 % 7-day min. Outfall 101 - All domestic wastewater shall be given complete treatment (both primary and secondary) and chlorinated sufficiently to maintain at least a 1.0 mg/L chlorine residual and at most a 4.0 mg/L chlorine residual after at least 20 minutes contact time prior to missing with any other waters. ATTACHMENT B Wyman-Gordon Forgings, Inc. TX0042129 Effluent Violations Monitoring Period 03/31/2021 03/31/2021 03/31/2021 03/31/2021 06/30/2021 06/30/2021 06/30/2021 06/30/2021 07/31/2021 08/31/2021 12/31/2021 12/31/2021 12/31/2021 12/31/2021 01/31/2022 05/31/2022 05/31/2022 09/30/2022 09/30/2022 09/30/2022 09/30/2022 09/30/2022 10/31/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 12/31/2022 01/31/2023 01/31/2023 01/31/2023 01/31/2023 01/31/2023 Outfall Parameter TX2 Whole Effluent Toxicity [WET] - C. dubia TX2 Whole Effluent Toxicity [WET] - C. dubia TX2 Whole Effluent Toxicity [WET] - P. promelas TX2 Whole Effluent Toxicity [WET] - P. promelas TX2 Whole Effluent Toxicity [WET] - C. dubia TX2 Whole Effluent Toxicity [WET] - C. dubia TX2 Whole Effluent Toxicity [WET] - P. promelas TX2 Whole Effluent Toxicity [WET] - P. promelas 002 Oil & Grease 002 Oxygen, dissolved [DO] TX2 Whole Effluent Toxicity [WET] - C. dubia TX2 Whole Effluent Toxicity [WET] - C. dubia TX2 Whole Effluent Toxicity [WET] - P. promelas TX2 Whole Effluent Toxicity [WET] - P. promelas 002 Oxygen demand, chem. [high level] [COD] 002 Chromium, hexavalent [as Cr] 002 Chromium, hexavalent [as Cr] 002 Aluminum, total [as Al] 002 Chromium, hexavalent [as Cr] 002 Chromium, hexavalent [as Cr] 002 Mercury, total [as Hg] 002 Mercury, total [as Hg] 101 Chlorine, total residual 002 BOD, carbonaceous [5 day, 20 C] 002 BOD, carbonaceous [5 day, 20 C] 002 Chromium, hexavalent [as Cr] 002 Oxygen demand, chem. [high level] [COD] 002 Oxygen demand, chem. [high level] [COD] 002 Chromium, hexavalent [as Cr] 002 Chromium, hexavalent [as Cr] 002 Mercury, total [as Hg] 002 Mercury, total [as Hg] 002 Oxygen demand, chem. [high level] [COD] 002 Oxygen demand, chem. [high level] [COD] Statistical Base Units 7 DA MIN % MO AV MN % 7 DA MIN % MO AV MN % 7 DA MIN % MO AV MN % 7 DA MIN % MO AV MN % DAILY MX lb/d MO MIN mg/L 7 DA MIN % MO AV MN % 7 DA MIN % MO AV MN % DAILY AV lb/d DAILY AV mg/L DAILY MX mg/L DAILY AV mg/L DAILY AV mg/L DAILY MX mg/L DAILY AV mg/L DAILY MX mg/L MO MIN mg/L DAILY AV lb/d DAILY MX lb/d DAILY AV mg/L DAILY AV lb/d DAILY MX lb/d DAILY AV mg/L DAILY AV mg/L DAILY AV mg/L DAILY MX mg/L DAILY AV lb/d DAILY MX lb/d Permit Limit 14. 14. 14. 14. 14. 14. 14. 14. 14.9 5. 14. 14. 14. 14. 376. .0132 .0279 .834 .0132 .0279 .000039 .000082 1. 45. 75. .0132 376. 563. .0132 .0132 .000039 .000082 376. 563. DMR Qualifier Value < 6. < 6. = 6. = 6. = 6. = 6. = 11. = 11. = 21.3 = 3.05 = 8. = 8. = 8. = 8. = 524. = .0299 = .039 = .913 = .0134 = .0375 < .005 < .005 = .23 = 63. = 83. = .0175 = 581. = 605. = .0162 = .0225 < .005 < .005 = 573. = 667. 02/28/2023 002 Chromium, hexavalent [as Cr] DAILY AV mg/L .0132 = 02/28/2023 002 Chromium, hexavalent [as Cr] DAILY MX mg/L .0279 = 02/28/2023 002 Nickel, total [as Ni] DAILY AV mg/L .1 = 02/28/2023 002 Oxygen demand, chem. [high level] [COD] DAILY MX lb/d 563. = 02/28/2023 101 E. coli DAILY AV CFU/100mL 63. = 02/28/2023 101 E. coli DAILY MX CFU/100mL 197. = 02/28/2023 201 E. coli DAILY AV CFU/100mL 63. = 02/28/2023 201 E. coli DAILY MX CFU/100mL 197. = 02/28/2023 301 E. coli DAILY AV CFU/100mL 63. = 02/28/2023 301 E. coli DAILY MX CFU/100mL 197. = 03/31/2023 002 Chromium, hexavalent [as Cr] DAILY AV mg/L .0132 = 03/31/2023 002 Chromium, hexavalent [as Cr] DAILY MX mg/L .0279 = 03/31/2023 002 Oxygen demand, chem. [high level] [COD] DAILY AV lb/d 376. = .0657 .21033 .277 811. 421. 866.4 295.53 770. 254.75 649. .0163 .029 382. ATTACHMENT C Wyman - Gordon Forgings Inc. - TX0042129 Missing DMR Sample Results Monitoring Period 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 11/30/2022 02/28/2023 02/28/2023 02/28/2023 Outfall 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 002 101 201 301 Parameter Aluminum, total [as Al] Aluminum, total [as Al] Chromium, total [as Cr] Chromium, total [as Cr] Copper, total [as Cu] Copper, total [as Cu] Cyanide, total [as CN] Cyanide, total [as CN] Fluoride, total [as F] Fluoride, total [as F] Lead, total [as Pb] Lead, total [as Pb] Manganese, total [as Mn] Mercury, total [as Hg] Mercury, total [as Hg] Nickel, total [as Ni] Nickel, total [as Ni] Silver, total [as Ag] Silver, total [as Ag] Zinc, total [as Zn] Zinc, total [as Zn] Solids, total suspended Solids, total suspended Solids, total suspended Statistical Base DAILY AV DAILY MX DAILY AV DAILY MX DAILY AV DAILY MX DAILY AV DAILY MX DAILY AV DAILY MX DAILY AV DAILY MX DAILY MX DAILY AV DAILY MX DAILY AV DAILY MX DAILY AV DAILY MX DAILY AV DAILY MX DAILY MX DAILY MX DAILY MX Units mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L Permit Limit .834 1.77 .068 .143 .0161 .034 .012 .026 1.59 3.22 .00835 .0177 2. .000039 .000082 .1 .3 .0022 .005 .145 .307 65. 65. 65. DMR Value Violation Code D90 I ID90 D90 I ID90 D90 I ID90 D90 I ID90 D90 I ID90 D90 I ID90 D90 I ID90 D90 I ID90 D90 I ID90 D90 I ID90 D90 I ID90 D90 I ID90