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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, LLC, 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 Indiana Code (“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 IC
13-13-1-1.
2.
Respondent
is Exide Technologies, LLC (“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 Electronic Mail to:
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Exide Technologies, LLC Attn: Victor M. Koelsch,
President |
CT Corporation System, Registered
Agent 344 North Senate Avenue |
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13000 Deerfield Parkway |
Indianapolis, IN 46204 |
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Bldg 200 |
(CTSOPReceipt@wolterskluwer.com) |
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Milton, GA 30004 (Victor.Koelsch@exide.com) |
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5.
During
an investigation conducted by a representative of IDEM, the following violations
were found:
a.
Pursuant
to 40 CFR 63.548(e)(4), Respondent must install and operate the bag leak
detection system (“BLDS”) in a manner consistent with the guidance provided in
“Office of Air quality Planning and Standards (OAQPS) Fabric Filter Bag Leak
Detection Guidance” EPA-454/R-98-015, September 1997 (incorporated by
reference, see §63.14) and the manufacturer's written specifications and
recommendations for installation, operation, and adjustment of the system.
Respondent failed
to comply completely with the EPA Guidance, EPA-454/R-98-015, by not conducting
monthly response tests, in violation of 40 CFR 63.548(e)(4).
b.
Pursuant
to Part 70 Permit 035-37825-00028 condition D.4.1(a)(5), the cold cleaner
degreaser must have a permanent, conspicuous label that lists the operating
requirements in this condition.
Respondent failed to have a permanent, conspicuous label affixed to its cold
cleaner degreaser, in violation of Part 70 Permit 035-37825-00028 condition
D.4.1(a)(5).
c.
Pursuant
to 40 CFR 63.544(c)(1), Respondent must ventilate the total enclosure
continuously to ensure negative pressure values of at least 0.013 mm of mercury
(0.007 inches of water).
At one of four differential pressure monitors, Respondent failed to maintain
continuous negative pressure values of at least 0.007 inches of water for two
15-minute increments on December 5, 2018 and July 2, 2019, in violation of 40
CFR 63.544(c)(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 during the compliance test required by the rule.
Respondent exhaust temperature fell more than 50° Fahrenheit below the
temperature established during compliance testing six (6) times from April
through July 2018 and in twice in January 2019, in violation of 40 CFR
63.548(j)(4).
6.
Respondent
initiated a new Standard Operating Procedure for conducting a monthly bag leak
detector response test. The first
monthly test was conducted on June 25, 2019.
At all pertinent times, Respondent followed the manufacturer’s written
specifications and recommendations for operating inductive sensing monitors.
7.
On
May 3, 2019, Respondent replaced the label on the cold cleaner degreaser. The solvent used in the degreaser was non-VOC
based.
8.
Respondent
installed an emergency generator to help minimize the potential of future power
failures of the control devices.
9.
Respondent
had a total of 975 minutes of afterburner low temperature versus the 1440
minutes as cited in the September 3, 2019, Enforcement Action Letter. Additional training and a revised Standard
Operating Procedure has reduced the number of
instances of low temperature since January 2019.
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 40 CFR 63 Subpart
X.
3.
Respondent shall comply with Part 70 Permit
035-41906-00028 unless superseded by a permit modification or renewal.
4.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Matthew
Chaifetz, Senior Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
100 North
Senate Avenue
Indianapolis,
IN 46204-2251
5.
IDEM makes no claim for civil penalty prior to
the date of Respondent’s bankruptcy (May 19, 2020). As to the pre-bankruptcy violations, the sole
relief sought by IDEM is equitable: to compel Respondent to correct the
violations noted above. IDEM reserves the right to seek a civil penalty for
violations observed after the date of Respondent’s bankruptcy.
6.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
7.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy
of this Agreed Order, if in force, to any subsequent owners, successors, or
assigns before ownership rights are transferred.
8.
No change in ownership, corporate, or
partnership status of Respondent shall in any way alter the Respondent’s status
or responsibilities under this Agreed Order.
9.
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.
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.
11.
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 the obligation
to comply with the requirements of any applicable permits or any applicable
Federal or State laws or regulations.
12.
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.
13.
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 violations
specified in the NOV.
14.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (“U.S. 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 U.S. EPA or any
other agency or entity.
15.
This Agreed Order shall remain in effect until
Respondent have complied with all terms and conditions of this Agreed Order and
IDEM has issued a Resolution of Case letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Exide Technologies |
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By: |
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By: |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
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Title: |
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Office
of Air Quality |
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Date: |
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COUNSEL
FOR COMPLAINANT: |
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COUNSEL
FOR RESPONDENT: |
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For
the Department of Environmental Management |
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By: |
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By: |
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Deputy
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Date: |
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Date: |
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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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,
2020. |
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For
the Commissioner: |
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Signed
on August 19, 2020 |
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Matthew
Stuckey Deputy Assistant |
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Commissioner |
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Office
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