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STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. EXIDE
TECHNOLOGIES, Respondent. |
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AGREED
ORDER
Complainant
and Respondent desire to settle and compromise this action without hearing or
adjudication of any issue of fact or law, and consent to the entry of the
following Findings of Fact and Order.
Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does
not constitute an admission of any violation contained herein. Respondent's entry into this Agreed Order
shall not constitute a waiver of any defense, legal or equitable, which
Respondent may have in any future administrative or judicial proceeding, except
a proceeding to enforce this order.
I. FINDINGS OF FACT
1.
Complainant is the Commissioner (“Complainant”)
of the Indiana Department of Environmental Management (“IDEM”), a department of
the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.
2.
Respondent is Exide Technologies
(“Respondent”), which owns and operates the stationary secondary lead smelting
operation with Plant ID No. 035-00028, located at 2601 West Mt. Pleasant Blvd.,
in Muncie, Delaware County, Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) via Certified Mail to
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Victor
M. Koelsch, President |
CT
Corporation System, Registered Agent |
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Exide
Technologies, Inc. |
150
West Market Street |
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13000
Deerfield Parkway Building
200 |
Suite
800 Indianapolis,
IN 46204 |
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Milton,
GA 30004 |
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5.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a.
Pursuant to Part 70 Permit 035-35766-00028,
issued July 28, 2015, condition D.1.1(a), only a
mixture of 70% to 100% by weight slag and 0% to 30% by weight lead bearing
materials may be charged in the Blast furnace (cupola) (Unit 5).
Respondent charged less than 70% by weight of slag in the blast furnace in 2nd
and 3rd quarters of 2016 and 3rd and 4th
quarters 2017, in violation of Part 70 permit condition D.1.1(a).
b. Pursuant to 40 CFR 63.544(c)(1), the
total enclosure must be ventilated continuously to ensure negative pressure
values of at least 0.007 inches of water.
Respondent failed to continuously maintain negative pressure values of the at
least 0.007 inches of water on January 12, 2016, June 6, 2017, December 16,
2017, December 30, 2017, January 8, 2018, and January 12, 2018, totaling 16
hours and 45 minutes, in violation of 40 CFR 63.544(c)(1).
c. Pursuant to 40 CFR 63.548(k), you must
install, operate, and maintain a digital differential pressure monitoring
system to continuously monitor each total enclosure.
Pursuant to 40 CFR 63.548(k)(4), you must equip each
digital differential pressure monitor system with a continuous recorder. To demonstrate compliance with the standard
for differential pressure, you must maintain the pressure in total enclosures
such that the average pressure in any 15-minute period does not fall below the
level specified in §63.544(c)(1).
Respondent failed to continuously operate and/or maintain records of the
differential pressure monitoring system of the total enclosure on numerous
occasions in 2016, 2017 and the first quarter 2018, in violation of 40 CFR
63.548(k) and 40 CFR 63.548(k)(1).
d. Pursuant to 40 CFR 63.548(j)(4), to
demonstrate continuous compliance with the standards for total hydrocarbons and
dioxins and furans, you must maintain an afterburner or exhaust temperature
such that the average temperature in any 3-hour period does not fall more than
28 °Celsius (50 °Fahrenheit) below the average established in paragraph (j)(3)
of this section.
Respondent failed to maintain afterburner or exhaust temperature such that it
did not fall more than 28 °Celsius (50 °Fahrenheit) below the average established
on numerous occasions in 2016, 2017 and the first quarter 2018, in violation of
40 CFR 63.548(j)(4).
e. Pursuant to 40 CFR 63.548(j)(1), to
demonstrate continuous compliance with the standards for total hydrocarbons and
dioxins and furans, you must install, calibrate, maintain, and continuously
operate a device to monitor and record the temperature of the afterburner or
furnace exhaust streams consistent with the requirements for continuous
monitoring systems in §63.8
Respondent failed to maintain afterburner temperature records for 97 hours and
30 minutes in December 2017, in violation of 40 CFR 63.548(j)(1).
f. Pursuant to 40 CFR 63.543(g), following
the initial performance or compliance test to demonstrate compliance with the
lead emissions limits specified in paragraph (a) or (b) of this section, you
must conduct performance tests according to the schedule in paragraph (g)(1) or
(2) of this section.
Pursuant to 40 CFR 63.543(g)(1), you must conduct an
annual performance test for lead compounds from each process vent (no later
than 12 calendar months following the previous compliance test), unless you
install and operate a CEMS meeting the requirements of §63.8.
Pursuant to 40 CFR 63.543(g)(2) if an annual
compliance test demonstrates that a process vent emitted lead compounds at 0.10
milligram of lead per dry standard cubic meter or less during the time of the
annual compliance test, you may submit a written request to the Administrator
applying for an extension of up to 24 calendar months from the previous
compliance test to conduct the next compliance test for lead compounds.
Respondent failed to conduct a test of the Process Baghouse within 24 months,
by June 3, 2017, in violation of 40 CFR 63.543(g)(2).
g. Pursuant to 40 CFR 63.543(h), Following
the initial performance or compliance test to demonstrate compliance with the
total hydrocarbons (THC) emissions limits in paragraphs (c) and (f) of this
section, you must conduct an annual performance test for total hydrocarbons
emissions from each process vent that has established limits for total
hydrocarbons (no later than 12 calendar months following the previous
compliance test).
Respondent failed to conduct a test of the Ventilation Baghouse within 12
months, by March 1, 2017, in violation of 40 CFR 63.543(h).
6.
Respondent conducted THC testing of the
Ventilation Baghouse on April 5, 2017.
7.
Respondent conducted lead testing of the
Process Baghouse on June 28, 2017.
8.
Part 70 Renewal 035-37825-00028, issued on January
9, 2018, and removed the condition relating to percent slag to percent lead
bearing material referenced in 5(a).
9.
On January 18, 2018, Respondent installed a manufacturer’s
supplied wind mitigation device on the battery breaker dock building pressure
differential monitor.
10.
Orders of the Commissioner are subject to
administrative review by the Office of Environmental Adjudication under IC
4-21.5; however, in recognition of the settlement reached, Respondent
acknowledges notice of this right and waives any right to administrative and
judicial review of this Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective
(“Effective Date”) when it is approved by Complainant or Complainant’s
delegate, and has been received by Respondent.
This Agreed Order shall have no force or effect until the Effective
Date.
2.
Respondent shall comply with Part 70 Permit
035-37825-00028 unless superseded by a renewal or modification.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Matthew Chaifetz, Compliance and
Enforcement Manager |
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Compliance and Enforcement Branch –
Mail Code 61-53 |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
4.
Respondent is assessed and agrees to pay a
civil penalty of Sixty-Nine Thousand Two Hundred Fifty Dollars ($69,250.00). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date; the 30th day being the “Due Date”.
5.
Civil penalties are payable by check to the
“Environmental Management Special Fund.” Checks shall include the Case Number of this
action and shall be mailed to:
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Indiana
Department of Environmental Management |
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Accounts
Receivable |
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IGCN,
Rm 1340 |
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100
N. Senate Ave. |
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Indianapolis,
IN 46204 |
6.
This Agreed Order shall apply to and be binding
upon Respondent and its successors and assigns. Respondent’s signatories to
this Agreed Order certify that they are fully authorized to execute this Agreed
Order and legally bind the party they represent. No change in ownership, corporate, or
partnership status of Respondent shall in any way alter its status or
responsibilities under this Agreed Order.
7.
In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date,
Respondent shall pay interest on the unpaid balance at the rate established by
IC 24-4.6-1. The interest shall be
computed as having accrued from the Due Date until the date that Respondent
pays any unpaid balance. Such interest
shall be payable to the Environmental Management Special Fund, and shall be
payable to IDEM in the manner specified in Paragraph 5, above.
8.
In the event that any terms of this Agreed
Order are found to be invalid, the remaining terms shall remain in full force
and effect and shall be construed and enforced as if this Agreed Order did not
contain the invalid terms.
9.
Respondent shall provide a copy of this Agreed
Order, if in force, to any subsequent owners or successors before ownership
rights are transferred. Respondent shall
ensure that all contractors, firms and other persons performing work under this
Agreed Order comply with the terms of this Agreed Order.
10.
This Agreed Order is not and shall not be
interpreted to be a permit or a modification of an existing permit. This Agreed Order, and IDEM’s review or
approval of any submittal made by Respondent pursuant to this Agreed Order,
shall not in any way relieve Respondent of its obligation to comply with the
requirements of its applicable permit or any applicable Federal or State law or
regulation.
11.
Complainant does not, by its approval of this
Agreed Order, warrant or aver in any manner that Respondent’s compliance with any
aspect of this Agreed Order will result in compliance with the provisions of
any permit, order, or any applicable Federal or State law or regulation. Additionally, IDEM or anyone acting on its
behalf shall not be held liable for any costs or penalties Respondent may incur
as a result of Respondent’s efforts to comply with this Agreed Order.
12.
Nothing in this Agreed Order shall prevent or
limit IDEM’s rights to obtain penalties or injunctive relief under any
applicable Federal or State law or regulation, except that IDEM may not, and
hereby waives its right to, seek additional civil penalties for the same
violations specified in the NOV.
13.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the EPA or any other
agency or entity about any matters relating to this enforcement action. IDEM or anyone acting on its behalf shall not
be held liable for any costs or penalties Respondent may incur as a result of
such communications with the EPA or any other agency or entity.
14.
This Agreed Order shall remain in until IDEM
issues a Resolution of Case letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Exide Technologies |
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By: |
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By: |
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David
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Enforcement
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Office
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COUNSEL
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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2019. |
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For
the Commissioner |
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Signed
on August 23, 2019 |
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Matthew
Stuckey, Deputy Assistant Commissioner |
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Office
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Indiana
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