Case No. 2019-26163-A





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.




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:


Exide Technologies, LLC

Attn: Victor M. Koelsch, President

CT Corporation System, Registered Agent

344 North Senate Avenue

13000 Deerfield Parkway

Indianapolis, IN 46204

Bldg 200


Milton, GA  30004




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.




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.






Department of Environmental Management


Exide Technologies










David P. McIver, Chief





Enforcement Section





Office of Air Quality




















For the Department of Environmental Management

















Deputy Attorney General



















, 2020.



For the Commissioner:




Signed on August 19, 2020


Matthew Stuckey Deputy Assistant




Office of Air Quality