1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA ) 33 U.S.C. SECTIONS 1318(A) AND 1319(A). 2. MOLYCORP, INC., A DELAWARE CORPORATION P.O. BOX 469 QUESTA, TAOS COUNTY, NEW MEXICO 87556 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY: 1) FAILING TO ACHIEVE THE EFFLUENT LIMIT FOR MANGANESE AS REQUIRED, AND 2) FAILING TO COMPLY WITH BEST AVAILABLE TECHNOLOGY ECONOMICALLY ACHIEVABLE (BAT) LIMITATIONS. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENT TO: A) OPERATE AND MAINTAIN THE EXISTING TREATMENT WORKS SO AS TO DISCHARGE EFFLUENT WHICH DOES NOT EXCEED INTERIM LIMITATIONS; B) ACCOMPLISH THE TASKS AND COMPLY WITH THE SCHEDULE OF ACTIVITIES IN THIS AO; C) REPORT ALL INSTANCES OF NON- COMPLIANCE WITH THE INTERIM EFFLUENT LIMITATIONS IN THIS AO; D) ALL TERMS AND CONDITIONS OF THE PERMIT ARE EFFECT- IVE AS ISSUED; E) SUBMIT QUARTERLY PROGRESS REPORTS IN ACCORDANCE WITH THE SCHEDULE IN THE AO; AND F) REPORTS OF NONCOMPLIANCE OR COMPLIANCE SHALL BE SUBMITTED NO LATER THAN 14 DAYS FOLLOWING EACH SCHEDULE DATE.