AIRQUALITYBUREAUDNRCP-APATTN:ApplicationLogin7900HickmanRd.,Suite1WindsorHeights,lA50324USEProjectNo:1'-t-":J.'FlONLYPlantNo:IC{.-0\-0IJDocDate:AIRCONSTRUCTIONPERMITAPPLICATIONFormFl:FacilityInformation-PleaseseeinstructionsonreversesideALLINFORMATIONISREQUIREDFORPROCESSING-IFINFORMATIONISMISSINGPERMITWILLNOTBEISSUED2)FacilityName(ifdifferentthan#1)3)FacilityPermitContactPerson/Title4)TelephoneNumberandEmailAddress5)FacilityModelingContactPerson6)TelephoneNumber"andEmailAddress7)NameandAddressPermitshouldbesentto8)City/State/Zip9)EquipmentLocationAddress(ifdifferentthan#7)10)City/State/Zip10a)FacilityCounty11)IstheEquipmentPortable?13)SICCodeandNAICSCode14)ProvideBriefBusiness DescriptionandPrincipalProduct15)Identifyanyadjacentorcontiguousfacilitythatthiscompanyownsand/oroperates17)Address18)City/State/ZipCode19)PhoneNumberandEmailAddress20)IowaP.E.Number(lAC56722.1(3)"b")21)SIGNATURERayOstrowski/EnvironmentalManager[!]Mr.DMrs.0Ms. DDr.30)719-6506/rostrowski@griffinpipe.comotApplicable-nomodification0Mr.DMrs.0Ms.DDr.otApplicable-nomodificationOstrowskic/oGriffinPipeProductsCo.1011WarrenvilleRoad,Suite550,IL60532DYes12)DoyouwantDraftPermits?[!]YesSIC:3321NAICS:331511ManufacturerofDuctileIronPipeN/A25.[!]EU(Numberofforms:1),[!]CE(/#).[!]EP(#l).[!]EC(#:1),0El,0PlotPlan,0Ml2,0FRA,OtherFormsandAttachments(e.g.dispersionmodelinganalysis)Processflowdiagram,ConsentDecreeAIRQUALITYRevised08/2010dpForAssistance1-877AIRIOWA(1-877-247-4692)DNRForm542-0931AIR QUALITY BUREAU ATTN: Application Log in 7900 Hickman Rd

. , Suite

1 Windsor Heights, lA 50324



### EU AIR CONSTRUCTION PERMIT APPLICATION Form EU: Emiss

i on Uni
t Inf ormat

i on Please see

i ns tru c ti o n on reve

r se s id e 2) EU ID Number

:

EP ID Numb
e r : EP-2A 3) EU Type: 0 New Sour
c e D Unpermitt ed Existing Sou rc e I:8J Modifi

c ation to a Permitt ed Sou

r c e Submi ttal requ

i r ed by C

i vil Action (see

1 2) 4) Manufacturer: 5) Model: 6a) Maximum Na mepla te Capacity:
60 Tons/hr 6b)

Maximum Process Design Capacity ( if different
th an 6a)

Not Applicable 7) Date of Constru

c tion

: 1964 8) Date o f Modification

(If app
li cab le) December 2010 (per Iowa DNR) 9) Is this a Con

t rolled Emiss

i on Un

i t ? 12) Are you requesting any permit limits?

0 No l:8l Yes If Yes

, check below and write down all th a t apply D Operati

o n Hour Limit s: 181 Produ

c ti on Lim its: 235,150 tons of metal cha twelve month D Material Usage Limit
s D Limits Based on Stack T es ting
Pl ease
a tt ach a ll r eleva nt s t ack testing summary rep orts 181 other:

See Civil Action No.1 :14-cv-00027-JAJ-RAW

and issued permit 10-A-270-P Pro vi de a descriptio

n AND a drawing to s ho w quantitatively product or m through
th s emission unit. Include product inp ut and output

, fue

l throughput, and any parameters

w hich impact air emissions.

I f space below
is i n su fficient

, attach
a separate sheet labeled EU-1 3A. See attaclunent

s Revised 08/2010 dp
For Assistance

1 - 877AIR IOWA (1-877-247-4692)

DNR Fo r m 542

- 0590CE4 •
AIR QUALITY BUREAU IOWA DNR Air Construction Permit Application ATTN: Application Log in 7900 Hickman Rd., Suite

1 Form CE4 Contro

l Equipment Informat ion for Thermal Oxidation Windsor Heights

, lA 50324

Plea se see instructions
on the rever se si de Company Name

. . . Gnffm P1pe Products Co. 1) CE Number ID: CE -1 2) Emission Point(s)

I D : EU-1 3) Manufacturer: Eclipse {burners)

14) Model Number: Not Known (NK); 5) Operating Temperature

(

° F): Minimum 1,300
2 main@

5 MMBtu/hr each;
2 pilot@

3 MMBtu/hr each}} 6} Residence Time (seconds): NK 7) Date of Construction: 1971 8} Date of Modification

: November 2008 (burner replacement only) 9) Capture Hood involved

: DYes [!]No Cupola takeoff

is integral to cupola shell 10) Capture Hood Efficiency (percentage)

: 99.9% 11) Date of Hood Installation: Not Applic ab le (NA) 112} Date of Hood Mod ificatio
n (if any): NA 13) Pollutant Controlled PM PM1o voc
co Other(

) Control Efficiency

NA

NA

NK

NK 14) If manufacturer's data is not available attach
a separate sheet of paper (labeled

C E4-14A)
to provide

t he control equipment
de sig n specifications and perform ance dat a to s upport the a bove mentioned control efficiency. Revi se d 08/2010

ji

For Assistance 1-877AIR IOWA (1-877-247-4692)

DNR
F o rm 542

- 0942AIR QUALITY BUREAU ATTN: Application Log in 7900 Hickman Rd

. , Suite

1 Windsor Heights, lA 50324



### CE1 

### IOWA DNR Air Construction Permit Application Form CE1 Control Equipment Information for Fabric
Fi

l ter Equipment Pl ease
s e e in s t ruc ti ons on
t he
r everse
si d e Company Name Griffin Pipe Products Co

. 1)CE Numb
e r ID
: CE
- 10 2) Emission Point(s) ID
: EP-2A 3) Manufacturer

: GMD

14 ) Model Number:

8 50-

1 0- 6 - W

I 5 ) Con

t rol Equipment

T y pe: [gJ Bag hou se 

## D Cartridge Filter
s 

## D Bin v en t F il t e rs 

## D Ot h e r 6) Material

fi

l ter media made of: Aramid Fabric 7) Total Filter Face
a re a of control de v ice {ft

2 ) : 66

, 765 8 ) Pr es sure drop
a c ros s F

i lter (in H 2 0 ): 3

. 5 to 10

. 0 inches of w ater (hourl
y a v era g e ) 9) Bag cleaning method

: [gJ Pulse Jet 

## D Shaking


## D Rev e r se Air 

## D Othe

r 1 0) Date of Construction

: 12/2009 11) Date of Modifi

c ation

: Replaced exi s ting w et scrubber 12 ) Capture Hood invo lv ed

: DYes [giNo 13) Capture Hood Efficiency (percentag

e ) : 99.9 % 14) Date of Hood Installation:

115) Date of Hood Mod

i fic a tion

( if an y ) : 16) Pollutant Controlled PM
PM1o Other(Pb) Control Efficiency
99+%

99+ %

99+ % 17) If manufacturer

' s data is not available attach
a separate sheet of paper (labeled CE1

- 17 A ) to pro v ide

t h e contro

l equipment design specifications and performance data to support the above m ent ion e d co ntrol
e ff icien cy. Upda

t ed 08/ 2 0 1 0 dp
For Assistance 1-877-AIR-IOWA

(1

- 877-247-4692)

DN R Fo r m 542-0939

### AIR QUALITY BUREAU ATTN

: Application Log in 

### 7900 Hickman Rd.

, Suite

1 Windsor Heights, lA 50324



# EP IOWA DNR Air Construction Permit Application Form EP Stack/Vent Information Pl eas e s e e in st ru c ti o n s o n the

r everse
si de 

## Company Name Griffin Pipe Products Co

. 1) EP Number ID:EP-2A 2 ) Stack Opening size

: 

# 1Z1 circular

, diameter (inches) 80 

# 0 other size (inches

x in c hes

) __


# 0 D u a l Stac
k 3) Height from ground (feet): 100 4) Height from highest building
le v el (feet)

: 100 5) Distance from the nearest property line (feet)

: 100 

# IZ] Vertical (without rain cap or obstruction) 

# 0 VR (Vertical with rain cap or obstruction

) 6) D

i scharge Style (ch ec k one)



# 0 D (Downward discharge; for e x ample

, a goose neck stack) 

# 0 H (Horizontal discharge) 

# 0

I (Inside-Vent inside building) 8) Exit Temperature (Fahrenheit): 295 o F 9) Rated Flow Rate

:


# IZI ACFM

: 109

. 728



# IZI SCFM

: 77.000 10) Does this emission point have control equipmen
t? 

# 0 No 

# 1Z1 Yes

; If yes

, pro v ide controiiD

: CE-10. CE-1 

## Air Emiss

i ons Pathway Diagram 11)

Air Emis sio n s Path w ay Diagram

( s ee exa mples

o n reve

r se-sid
e ) Re vised
0 8/2010

d p


## For Assistance 1-877AIR IOWA (1-877-247-4692)

D NR F or m 542

- 0944

# AIR QUALITY BUREAU Application Log in Desk 7900 Hickman Rd
. , Suite 1 Windsor Heights, lA 50324 

# AIR CONSTRUCTION PERMIT APPLICATION Form EC: Emission Calculation s Please see instructions on reverse s i de

rnmn<>n " 

# Name: Griffin Products Co. 2} Emission Point (Sta c kNent) Number : 3} Emission Calculation (Please see instru c tions for proper w a y to calculate ). This calculation is based on (check all that appl y): EP-2A 

# 0 Emission Factors 

# 0 Mass Balance 

# 0 Testing Data 

# [8J Other: 

# Calculations: This application is being submitted as required by Paragraph 11 of the United States v . Griffin Pipe Products Co ., LLC , Civil Action No
. 1 :14-cv-00027-JAJ-RAW Consent Decree to incorporate a lead emission limit of 0.046 pounds per hour in Iowa DNR Permit Number 

# 1 0-A-270-P
. 

# EC

Pollutant 

# PM PM,o PM 2
. 5 

# so2 NO x 

# voc co C0 2 e Lead HAP THAP Concentration , lbs/hr tons/year

Revised 09 / 2011 dp 

# For Ass
. istance 1 -877AIR IOWA (1-877-247-4692) DNR F o rm 54 2 -0945

# G:\38792·000 GPP (COUNCIL BLUFFS, IA)\CADICUPOLA PFD.DWG



# ~

S02 TREATMENT

CHEMICAL ADDITIONS 

# I
NATURAL GAS OR

**PROPANE---------.~**



# OUTSIDE-----.] AIR BAG HOUSE CE-10

COMBUSTION

CHAMBER CE-1

ALLOYS-----.,----'-------, DUST TREATMENT

CHEMICAL ADDITIONS 

# I

COKE

**LIMESTONE----------~** 

# CUPOLA EU-1 

# 1------- HOT IRON

**SCRAP--------~--------_j** 

# HALEY& ALDRICH GRIFFIN PIPE PRODUCTS CO. 

# PROCESS FLOW DIAGRAM CUPOLA (EU-1)

SCALE: NONE 

# FIGURE 1Griffin Pipe Consent Decree IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA COUNCIL BLUFFS DIVISION UNITED STATES OF AMERICA Plaintiff, v. GRIFFIN PIPE PRODUCTS CO.,LLC. Defendant.

) ) ) ) ) ) ) ) ) ) 

## ________________________

) CIVIL ACTION NO. CONSENT DECREEGriffin Pipe Consent Decree TABLE OF CONTENTS I. INTRODUCTION ...............................................................................................................

1 II. JURISDICTION AND VENUE ..........................................................................................

2 III. APPLICABILITY ................................................................................................................

2 IV. DEFINITIONS .....................................................................................................................

3 V. CIVIL PENALTY ...............................................................................................................



### .4 VI. ENVIRONMENTAL MITIGATION ..................................................................................

5 VII. REPORTING REQUIREMENTS .......................................................................................

5 VIII. STIPULATED PENALTIES ...............................................................................................

? IX. FORCE MAJEURE .............................................................................................................

8 X. DISPUTE RESOLUTION .................................................................................................

1 0 XI. INFORMATION COLLECTION AND RETENTION ....................................................

11 XII. EFFECT OF SETTLEMENT/RESERVATION

OF RIGHTS ..........................................

13 XIII. COSTS ...............................................................................................................................

14 XIV. NOTICES ...........................................................................................................................

14 XV. EFFECTIVE DATE ...........................................................................................................

15 XVI. RETENTION
OF JURISDICTION ...................................................................................

15 XVII. MODIFICATION ..............................................................................................................

15 XVIII. TERMINATION ................................................................................................................

16 XIX. PUBLICPARTICIPATION ..............................................................................................

l6 XX. SIGNATORIES/SERVICE ........................................................

, .......................................

l6 XXI. INTEGRATION ................................................................................................................

17 XXII. FINAL JUDGMENT .........................................................................................................

17 II

# Griffin Pipe Consent Decree



# I. 

# INTRODUCTION WHEREAS, Plaintiff United States of America, on behalf of the United States Environmental Protection Agency ("EPA"), has tiled
a complaint
in this action concurrently with this Consent Decree, alleging that Defendant, Griffin Pipe Products Co., LLC ("Griffin Pipe"), violated Section 113(b) of the Clean Air Act ("CAA''), 42 U.S.C.

§ 7413(b) and Sections 301, 307,and402ofthe Clean WaterAct("CWA"),

33 U.S.C. §§ 1311, 1317 and 1342. WHEREAS, the Complaint against Defendant alleges that at all times relevant thereto Defendant owned and operated

a ductile iron pipe manufacturing facility located at 2601 Ninth Avenue in Council Bluffs, Iowa ("Facility"). WHEREAS, the Complaint alleges that at all times relevant thereto Defendant violated the lead and particulate matter emission limits of its State air quality constmction permit and Title V of the CAA operating permit for the Facility. The Complaint also alleges that Defendant violated National and State Pollutant Discharge Elimination System requirements under Sections 301 and 402 of the CWA, 33 U.S. C.§§ 1311 and 1342, and applicable federal or state regulations for pennissible discharges
of pollutants from the Facility. The Complaint also alleges that Defendant violated National and State Pollutant Discharge Elimination System requirements under Sections 301 and 402 of the CWA, 33 U.S.C. §§ 1311 and 1342, and 40 C.F.R. Part 122, and applicable state and local regulations for pennissible stonn water discharges from the Facility. The Complaint also alleges that Defendant violated pretreatment requirements under Sections 307 and 308 of the CWA, 33 U.S.C. §§ 1317 and 1318, and 40 C.F.R. Parts 403 and 464, and applicable state and local regulations,
by failing to submit

a baseline monitoring report and obtain

a permit to discharge prior to any discharge from the Facility
to the City of Council Bluffs publically owned treatment works. WHEREAS,

as of the date oflodging of this Consent Decree, Defendant has suspended pipe product manufacturing operations

at the Facility. WHEREAS, prior to suspending pipe manufacturing operations

at the Facility, Defendant installed pollution control technology

at the facility, including: the installation and operation of a $14 million baghouse, which provided environmental benefits with respect
to both air emissions and wastewater discharges. WHEREAS, the Complaint against Defendant alleges that the EPA has provided notice of the CAA violations alleged herein to the Defendant and to the State oflowa pursuant
to Section 113(b) of the CAA, 42 U.S.C.

§ 7413(b), and Defendant stipulates that it has received actual notice of the violations alleged in the Complaint and that it does not contest the adequacy of the notice provided. WHEREAS, notice of the commencement

of this action has been given to the State of Iowa as required by Section 113(b) of the CAA, 42 U.S.C.



# § 7413(b), and Section 309(b) of the CWA, 33 U.S.C.



# § 1319(b).

### Griffin Pipe Consent Decree 

## WHEREAS, Defendant does not admit any liability
to the United States arising out of the transactions

or occurrences alleged in the Complaint. WHEREAS, the Pmiies recognize, and the Court by ente1ing this Consent Decree finds, that this Consent Decree has been negotiated by the Parties in good faith and will avoid litigation between the Pmiies and that this Consent Decree
is fair, reasonable, and in the public interest. NOW, THEREFORE, before the taking of any testimony, without the adjudication

or admission of any issue of fact or law except as provided
in Section

I, and with the consent of the Parties, IT IS HEREBY ADJUDGED, ORDERED, AND DECREED

as follows: II. JURISDICTION AND VENUE I. This Court has jurisdiction over the subject matter of this action, pursuant
to 28 U.S.C. §§ 1331,1345, and 1355, Section(s) 113(b) ofthe Clean Air Act, 42 U.S.C.

§ 7413(b), and 309(b) and (f) of the Clean Water Act, 33 U.S.C. §§ 1319(b) and (f), and over the Pmiies. Venue lies in this District pursuant
to Section 113(b) of the CAA, 42 U.S.C.

§ 

## 7413(b), CWA Section 309(b), 33 U.S.C.

§ 1319(b), and 28 U.S. C.§§ 1391 (b) and (c) and 1395(a), because the violations alleged in the Complaint are alleged to have occurred in, and Defendant conducts business in, this judicial district. For purposes of this Decree, or any action to enforce this Decree, Defendant consents
to the Court's jurisdiction over this Decree and any such action and over Defendant and consents
to venue in this judicial district. 2. For purposes of this Consent Decree, Defendant agrees that the Complaint states claims upon which relief may be granted pursuant
to the following environmental statutes and their implementing federal regulations: the CAA, 42 U.S.C.

§ 

## 7401, 

# et seq. and CWA, 33 U.S.C. 

# §125l,etseq.

III. 

## APPLICABILITY 3. The obligations
of this Consent Decree apply to and are binding upon the United States, and upon Defendant and any successors, assigns, or other entities or persons othe1wise bound by law. 4. No transfer of ownership
or operation of the Facility, whether in compliance with the procedures
of this Paragraph
or otherwise, shall relieve Defendant
of its obligation

to ensure that the terms of the Decree are implemented, unless (I) 

## the transferee agrees to undertake the obligations required by Sections VI of this Decree and to be substituted for the Defendant
as a Party under the Decree and thus be bound by the terms thereof, and (2) the United States consents
to relieve Defendant of its obligations. The United States may refuse to approve the substitution
of the transferee for Defendant
if it determines that the proposed transferee does not possess the requisite technical abilities or financial means to ensure that the tenns of the Decree are implemented. The United States' decision
to refuse to approve the substitution
of the transferee for the Defendant shall not be subject to judicial review. At least thirty (30) Days prior to such transfer, Defendant shall provide

a copy of this Consent Decree to the proposed 2

### Griffin Pipe Consent Decree 

# transferee and shall simultaneously provide written notice of the prospective transfer, together with
a copy of the proposed written agreement,

to EPA Region
7, the United States Attomey for the District of Iowa, and the United States Department
of Justice, in accordance with Section XIV (Notices). Any attempt
to transfer ownership
or operation of the Facility without complying with this Paragraph constitutes

a violation of this Decree. The requirements
of this Paragraph, including the requirement that the United States consent
to any transfer of ownership, shall remain in effect only until the requirements

of this Consent Decree are satisfied and, in particular, shall terminate upon payment of the civil penalty required pursuant
to Paragraph

8, payment of any accrued stipulated penalties
as required by this Consent Decree, and the issuance of an Amended Petmit required pursuant
to Paragraph II, or until this Consent Decree,
is tenninated pursuant
to Section XVIII (Termination). 5. Defendant shall provide

a copy of this Consent Decree to all officers, employees, and agents whose duties might reasonably include compliance with any provision of this Decree, as well as to any contractor retained to perfonn work required under this Consent Decree. Defendant shall condition any such contract upon performance
of the work in confmmity with the terms of this Consent Decree. 6. In any action to enforce this Consent Decree, Defendant shall not raise as a defense the failure by any of its officers, directors, employees, agents, or contractors

to take any actions necessary

to comply with the provisions
of this Consent Decree. IV. DEFINITIONS 7. Terms used in this Consent Decree that are defined in the CAA or CWA or in regulations promulgated pursuant
to the CAA or CW A shall have the meanings assigned
to them in the CAA or CW A, or such regulations, unless otherwise provided
in this Decree. Whenever the terms set forth below are used in this Consent Decree, the following definitions shall apply: "Complaint" shall mean the complaint filed by the United States in this action; "Consent Decree" or "Decree" shall mean this Decree; "Day" shall mean

a calendar day unless expressly stated to be a business day. In computing any period of time under this Consent Decree, where the last day would fall on a Saturday, Sunday, or federal holiday, the period shall run until the close of business of the next business day; "Defendant(

s )" shall mean the persons or entities named in the Complaint; "EPA" shall mean the United States Environmental Protection Agency and any of its successor departments

or agencies; "Effective Date" shall have the definition provided
in Section XV. 3Griffin Pipe Consent Decree "Facility" shall mean Defendant's facility located
at 2601 Ninth Avenue, Council Bluffs, Iowa. "Paragraph" shall mean

a portion of this Decree identified by an arabic numeral; "Patties" shall mean the United States and Defendant; "Resumption
of Operations"

or "Resume(s) Operations" shall mean the resumption
of pipe products manufacture and production operations, including resumption
of the cupola operations,

at the Facility; "Resumption
of Operations Date" or "Resumption Date" shall mean the date on which Resumption
of Operations occurs; "Section" shall mean

a portion of this Decree identified by a roman numeral; "State" shall mean the State oflowa. "United States" shall mean the United States of America, acting on behalf of EPA; V. CIVILPENALTY 8. Within 30 Days after the Effective Date, Defendant shall pay the sum of $950,000.00

as a civil penalty, together with interest accruing from the date on which the Consent Decree
is entered by the Court, at the rate specified
in 28 U.S.C.

§ 1961 as of the Effective Date. 9. Defendant shall pay the civil penalty due at https://www.pay.gov

to the U.S. Department
of Justice account,
in accordance with instructions provided
to Defendant by the Financial Litigation Unit ("FLU") of the United States Attorney's Oftice for the District oflowa after the Effective Date. The payment instructions provided by the FLU shall include

a Consolidated Debt Collection System ("CDCS") number, which Defendant shall use to identify all payments required
to be made in accordance with this Consent Decree. At the time of payment, Defendant shall send notice that payment has been made: (i) to EPA via email at acctsreceivable.cinwd@epa.gov

or via regular mail at EPA Cincinnati Finance Office, 26 Mmtin Luther King Drive, Cincinnati, Ohio 45268; (ii) to the United States via email or regular mail in accordance with Section XIV; and (iii) to EPA Region

7 in accordance with Section XIV. Such notice shall reference the CDCS Number and DOJ case number 90-5-2-1- 10126.

I 0. Defendant shall not deduct any penalties paid under this Decree pursuant
to this Section or Section VIII (Stipulated Penalties)
in calculating
its federal income tax. 4Griffin Pipe Consent Decree VI. ENVIRONMENTAL MITIGATION 11. Within thirty (30) Days of the Effective Date, Defendant shall submit to Iowa Department
of Natural Resources ("IDNR")

a request to amend Air Quality Construction Pennit Nos. 71-A-009-SS

or 1 0-A-270-P (whichever permit IDNR detennines

is applicable

at the time of the request)
to incorporate

a lead emission limit of 0.046 lb/hr lead at the cupola baghouse. 12. In the event that Defendant Resumes Operations prior to IDNR's issuance of an effective Air Quality Constmction Permit or Pe1mit Amendment requiring the Facility
to meet
a lead emission limit for the cupola baghouse that is at least as stringent
as the lead emission limit required by Paragraph

11 of this Decree ("Amended Permit"), Defendant shall: a. Immediately upon the Resumption
of Operations, continuously operate the cupola baghouse

to achieve and maintain an emission rate of no greater than 0.046 lb/hr lead. b. Within sixty (60) Days of Resumption
of Operations, conduct perfmmance testing to determine compliance with the cupola baghouse lead emission rate. Perfmmance testing shall be conducted
in accordance with the requirements
of the effective Air Quality Constmction Permit, No. 71-A-009-SS

or I 0-A-270-P, Section 12, as applicable. c. Upon issuance of the Amended Permit, comply with the cupola baghouse lead emission limit required by the Amended Pe1mit. 13. If Defendant intends

to Resume Operations prior to IDNR's issuance of an Amended Pennit, no later than sixty

( 60) Days prior to the Resumption
of Operations

at the Facility, Defendant shall submit to EPA and the United States, in accordance with Section XIV (Notices), w1itten notice of the Resumption
of Operations and the anticipated Resumption
of Operations Date, and provide

a detailed description
of the anticipated operations. No later than fifteen (15) Days after Resumption
of Operations, Defendant shall submit to EPA and the United States, in accordance with Section XIV (Notices), written confi1mation
of the Resumption
of Operations Date. VII. REPORTING REQUIREMENTS 14. Defendant shall submit the following reports: a.

If there is a Resumption
of Operations after entry of this Consent Decree, within thirty (30) Days after the end of each calendar year, until termination
of this Decree pursuant
to Section XVIII, Defendant shall submit via regular mail and electronic transmission

a report for the preceding calendar year that shall include the status of any environmental mitigation measures required by Section VI (Environmental Mitigation)
of the Decree; problems encountered

or anticipated, together with implemented

or proposed solutions; and the status of the requested modification
of Air Quality Construction Permit Nos. 71-A-009-SS

or 1 0-A-270-P, 

### 5

### Griffin Pipe Consent Decree 

# as applicable; b. The repmi shall also include

a description
of any non-compliance with the requirements
of this Consent Decree and an explanation
of the violation's likely cause and of the remedial steps taken, or to be taken, to prevent or minimize such violation.
If Defendant violates, or has reason to believe that it may violate, any requirement
of this Consent Decree, Defendant shall notify the United States of such violation and its likely duration,

in writing, within ten business days of the Day Defendant first becomes aware of the violation, with an explanation
of the violation's likely cause and of the remedial steps taken, or to be taken, to prevent or minimize such violation.
If the cause of a violation cannot be fully explained

at the time the report is due, Defendant shall so state in the report. Defendant shall investigate the cause of the violation and shall then submit an amendment

to the repmt, including

a full explanation
of the cause of the violation, within 30 Days of the Day Defendant becomes aware of the cause of the violation. Nothing
in this Paragraph
or the following Paragraph relieves Defendant of its obligation

to provide the notice required by Section IX (Force Majeure). 15. Whenever any violation of this Consent Decree or any other event affecting Defendant's performance under this Decree, or the performance
of its Facility, may pose an immediate tlu·eat to the public health or welfare or the environment, Defendant shall notify EPA orally or by electronic
or facsimile transmission

as soon as possible, but no later than 24 hours after Defendant first knew of the violation or event. This procedure

is in addition
to the requirements
set fmih in the preceding Paragraph. 16. All repmis shall be submitted

to the persons designated in Section XIV (Notices). 17. Each report submitted by Defendant under this Section shall be signed by an official of the submitting party and include the following certification: I cetiify under penalty oflaw that this document and all attachments were prepared under my direction or supervision

in accordance with
a system designed
to assure that qualified personnel properly gather and evaluate the infonnation submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.

I am aware that there are significant penalties for submitting false information, including the possibility
of fine and imprisonment
for knowing violations. 18. This certification requirement does not apply to emergency
or similar notifications where compliance would be impractical. 19. The reporting requirements
of this Consent Decree do not relieve Defendant

of any reporting obligations required by the CAA and CW A or implementing regulations,

or by any other federal, state, or local law, regulation, penni!, or other requirement. 6

### Griffin Pipe Consent Decree 

# 20. Any information provided pursuant
to this Consent Decree may be used by the United States in any proceeding

to enforce the provisions
of this Consent Decree and as otherwise permitted by law. VIII. STIPULATED PENAL TIES 21. Defendant shall be liable for stipulated penalties
to the United States for violations of this Consent Decree as specified below, unless excused under Section IX (Force Majeure).

A violation includes failing to perform any obligation required by the terms of this Decree, including any work plan or schedule approved under this Decree, according

to all applicable requirements
of this Decree and within the specified time schedules established by or approved under this Decree. 22. Late Payment of Civil Penalty. If Defendant fails to pay the civil penalty required to be paid under Section V (Civil Penalty) when due, Defendant shall pay a stipulated penalty of $5,000 per Day for each Day that the payment

is late. 23. Environmental Mitigation Requirements. a. The following stipulated penalties shall accrue per violation per Day for each violation of the requirements identified

in Section VI: Penalty Per Violation Per day Period of Noncompliance $1,000 ................................................

I st through 14th day $2,500 ................................................

15th through 30th day $5,000 .................................................

31st day and beyond 24. Reporting Requirements. The following stipulated penalties shall accrue per violation per Day for each violation of the repotiing requirements
of Section VII: Penalty Per Violation Per day Period of Noncompliance $500 ...................................................

I st through 14th day $750 ..................................................

15th through 30th day $1 ,500 .................................................

31st day and beyond 25. Stipulated penalties under this Section shall begin to accrue on the Day after perfonnance

is due or on the Day
a violation occurs, whichever

is applicable, and shall continue to accrue until performance

is satisfactorily completed
or until the violation ceases. Stipulated penalties shall accrue simultaneously
for separate violations of this Consent Decree. 26. Subject to dispute resolution

as described below, Defendant shall pay any stipulated penalty within 30 Days of receiving the United States' written demand. 27. The United States may in the unreviewable exercise of its discretion, reduce or waive stipulated penalties othetwise due it under this Consent Decree. 

# 7Griffin Pipe Consent Decree 28. Stipulated penalties shall continue
to accrue as provided
in Paragraph 25, during any Dispute Resolution, but need not be paid until the following: a.

If the dispute
is resolved by agreement
or by a decision of EPA that is not appealed
to the Court, Defendant shall pay accmed penalties determined

to be owing, together with interest,
to the United States within 30 Days of the effective date of the agreement
or the receipt ofEPA's decision or order. b.

If the dispute
is appealed
to the Comi and the United States prevails
in whole or in part, Defendant shall pay all accmed penalties detennined
by the Court to be owing, together with interest, within 60 Days of receiving the Court's decision or order, except as provided
in subparagraph

c, below. c.

If any Party appeals the District Court's decision, Defendant shall pay all accrued penalties determined

to be owing, together with interest, within 15 Days of receiving the final appellate comi decision. 29. Obligations Prior to the Effective Date. Upon the Effective Date, the stipulated penalty provisions of this Decree shall be retroactively enforceable with regard to any and all violations of Paragraphs

12 and 13 that have occurred prior to the Effective Date, provided that stipulated penalties that may have accmed prior to the Effective Date may not be collected unless and until this Consent Decree
is entered by the Comi. 30. Defendant shall pay stipulated penalties owing to the United States in the manner set forth and with the confirmation notices required by Paragraph

9, except that the transmittal letter shall state that the payment

is for stipulated penalties and shall state for which violation(s) the penalties are being paid. 31. If Defendant fails to pay stipulated penalties according

to the terms of this Consent Decree, Defendant shall be liable for interest on such penalties,
as provided for in 28 U.S.C.

§ 1961, accruing
as of the date payment became due. Nothing in this Paragraph shall be construed
to limit the United States from seeking any remedy otherwise provided by law for Defendant's failure to pay any stipulated penalties. 32. Subject
to the provisions of Section XII (Effect of Settlement/Reservation

of Rights), the stipulated penalties provided for in this Consent Decree shall be in addition
to any other rights, remedies,
or sanctions available
to the United States for Defendant's violation of this Consent Decree or applicable law. Where

a violation of this Consent Decree
is also
a violation of relevant statutmy or regulatory requirements

or petmits, Defendant shall be allowed a credit, for any stipulated penalties paid, against any statutmy penalties imposed by the United States for such violation.

IX. FORCE MAJEURE 33. "Force majeure," for purposes of this Consent Decree,
is defined as any event arising fi·om causes beyond the control of Defendant,
of any entity controlled by Defendant,
or of 8Griffin Pipe Consent Decree Defendant's contractors, that delays or prevents the performance
of any obligation under this Consent Decree despite Defendant's best efforts to fulfill the obligation. The requirement that Defendant exercise "best efforts to fulfill the obligation" includes using best efforts to anticipate any potential force majeure event and best effmis to address the effects of any such event (a) as it is occun·ing and (b) after it has occurred
to prevent or minimize any resulting delay to the greatest extent possible. "Force Majeure" does not include Defendant's financial inability
to perform any obligation under this Consent Decree. 34. If any event occurs or has occurred that may delay the performance
of any obligation under this Consent Decree, whether or not caused by a force majeure event, Defendant shall provide notice orally or by electronic
or facsimile transmission

to Joe Terriquez at EPA in accordance with Section XIV (Notices), within 72 hours of when Defendant first knew that the event might cause

a delay. Within seven (7) Days thereafter, Defendant shall provide
in writing to EPA an explanation and description
of the reasons for the delay; the anticipated duration of the delay; all actions taken or to be taken to prevent or minimize the delay;

a schedule for implementation

of any measures

to be taken to prevent or mitigate the delay or the effect of the delay; Defendant's rationale for attributing such delay to a force majeure event if it intends to assert such
a claim; and a statement
as to whether,
in the opinion of Defendant, such event may cause or contribute

to an endangerment

to public health, welfare or the environment. Defendant shall include with any notice all available documentation suppmiing the claim that the delay was attributable

to a force majeure. Failure to comply with the above requirements shall preclude Defendant fi·om asserting any claim of force majeure for that event for the period of time of such failure to comply, and for any additional delay caused by such failure. Defendant shall be deemed to know of any circumstance
of which Defendant, any entity controlled by Defendant,
or Defendant's contractors knew or should have known. 35. If EPA agrees that the delay or anticipated delay is attributable

to a force majeure event, the time for perfonnance
of the obligations under this Consent Decree that are affected by the force majeure event will be extended by EPA for such time as is necessary
to complete those obligations. An extension of the time for performance
of the obligations affected by the force majeure event shall not, of itself, extend the time for performance
of any other obligation. EPA will notify Defendant

in writing of the length of the extension,
if any, for perfonnance
of the obligations affected by the force majeure event. 36. If EPA does not agree that the delay or anticipated delay has been or will be caused by a force majeure event, EPA will notifY Defendant
in writing of its decision. 37. If Defendant elects to invoke the dispute resolution procedures set forth in Section X (Dispute Resolution),

it shall do so no later than 15 Days after receipt of EPA's notice. In any such proceeding, Defendant shall have the burden of demonstrating
by a preponderance of the evidence that the delay or anticipated delay has been or will be caused by a force majeure event, that the duration of the delay or the extension sought was or will be warranted under the circumstances, that best efforts were exercised
to avoid and mitigate the effects of the delay, and that Defendant complied with the requirements
of Paragraphs
33 and 34. If Defendant carries 9Griffin Pipe Consent Decree this burden, the delay at issue shall be deemed not to be a violation by Defendant
of the affected obligation of this Consent Decree identified
to EPA and the Comi. X. DISPUTE RESOLUTION 38. Unless otherwise expressly provided for in this Consent Decree, the dispute resolution procedures
of this Section shall be the exclusive mechanism

to resolve disputes arising under or with respect to this Consent Decree. Defendant's failure to seek resolution of a dispute under this Section shall preclude Defendant fi"mn raising any such issue as a defense to an action by the United States to enforce any obligation of Defendant arising under this Decree. 39. Informal Dispute Resolution. Any dispute subject to Dispute Resolution under this Consent Decree shall first be the subject of infonnal negotiations. The dispute shall be considered

to have arisen when Defendant sends the United States

a written Notice of Dispute. Such Notice of Dispute shall state clearly the matter in dispute. The period of infmmal negotiations shall not exceed twenty (20) Days from the date the dispute arises, unless that period
is modified by written agreement.

If the Parties cannot resolve

a dispute by informal negotiations, then the position advanced by the United States shall be considered binding unless, within twenty (20) Days after the conclusion
of the informal negotiation period, Defendant invokes formal dispute resolution procedures

as set forth below. 40. Fonnal Dispute Resolution. Defendant shall invoke formal dispute resolution procedures, within the time period provided
in the preceding Paragraph, by serving on the United States

a written Statement of Position regarding the matter in dispute. The Statement of Position shall include, but need not be limited to, any factual data, analysis, or opinion supporting Defendant's position and any supporting documentation relied upon by Defendant. 41. The United States shall serve its Statement of Position within sixty (60) Days of receipt of Defendant's Statement of Position. The United States' Statement of Position shall include, but need not be limited to, any factual data, analysis, or opinion supporting that position and any supporting documentation relied upon by the United States. The United States' Statement of Position shall be binding on Defendant, unless Defendant files
a motion for judicial review of the dispute in accordance with the following Paragraph. 42. Defendant may seek judicial review of the dispute by filing with the Court and serving on the United States, in accordance with Section XIV (Notices),

a motion requesting judicial resolution of the dispute. The motion must be filed within ten (I 0) business days of receipt of the United States' Statement of Position pursuant
to the preceding Paragraph. The motion shall contain

a written statement of Defendant's position on the matter in dispute, including any suppmiing factual data, analysis, opinion, or documentation, and shall set forth the relief requested and any schedule within which the dispute must be resolved for orderly implementation

of the Consent Decree.

10Griffin Pipe Consent Decree 43. The United States shall respond
to Defendant's motion within the time period allowed by the Local Rules of this Court. Defendant may file a reply memorandum,

to the extent pennitted by the Local Rules. 44. Standard of Review a. Disputes Concerning Matters Accorded Record Review. Except as othe1wise provided
in this Consent Decree, in any dispute brought under Paragraph 40 pertaining

to the adequacy
or approp1iateness

of plans, procedures

to implement plans, schedules or any other items requiring approval by EPA under this Consent Decree; the adequacy of the performance
of work undertaken pursuant
to this Consent Decree; and all other disputes that are accorded review on the adminish·ative record under applicable principles of administrative law, Defendant shall have the burden of demonstrating, based on the administrative record, that the position of the United States is arbih·ary and capricious
or otherwise not in accordance with law. b. Other Disputes. Except as othe1wise provided
in this Consent Decree,
in any other dispute brought under Paragraph 40, Defendant shall bear the burden of demonstrating that its position complies with this Consent Decree and better furthers the objectives of the Consent Decree. 45. The invocation of dispute resolution procedures under this Section shall not, by itself, extend, postpone,
or affect in any way any obligation of Defendant under this Consent Decree, unless and until final resolution of the dispute so provides. Stipulated penalties with respect to the disputed matter shall continue
to accme fi·om the first Day of noncompliance,
but payment shall be stayed pending resolution
of the dispute as provided
in Paragraph 28. If Defendant does not prevail on the disputed issue, stipulated penalties shall be assessed and paid as provided
in Section VIII (Stipulated Penalties). XI. INFORMATION COLLECTION AND RETENTION 46. The United States and its representatives, including attorneys, contractors, and consultants, shall have the light of entry into any facility covered by this Consent Decree,
at all reasonable times, upon presentation
of credentials,
to: a. monitor the progress of activities required under this Consent Decree; b. veiify any data or infonnation submitted

to the United States in accordance with the terms of this Consent Decree; c. obtain samples and, upon request, splits of any samples taken by Defendant
or its representatives, contractors,

or consultants; d. obtain documentary evidence, including photographs and similar data; and IIGriffin Pipe Consent Decree e. assess Defendant's compliance with this Consent Decree. 47. Upon request, Defendant shall provide EPA or its authorized representatives splits of any samples taken by Defendant. Upon request, EPA shall provide Defendant splits of any samples taken by EPA. 48. Until five years after the termination
of this Consent Decree, Defendant shall retain, and shall instruct its contractors and agents to preserve, all non-identical copies of all documents, records, or other infmmation (including documents, records, or other information

in electronic form) in its or its contractors'

or agents' possession
or control, or that come into its or its contractors'
or agents' possession
or control, and that relate in any manner to Defendant's performance
of its obligations under this Consent Decree. This infmmation-retention requirement shall apply regardless of any contrary corporate
or institutional policies or procedures.
At any time during this information-retention period, upon request by the United States, Defendant shall provide copies of any documents, records, or other infmmation required to be maintained under this Paragraph. 49. At the conclusion of the information-retention period provided
in the preceding Paragraph, Defendant shall notify the United States at least ninety (90) Days prior to the destruction
of any documents, records, or other information subject to the requirements

of the preceding Paragraph and, upon request by the United States, Defendant shall deliver any such documents, records, or other infonnation

to EPA. Defendant may assert that certain documents, records, or other information

is privileged under the attorney-client privilege or any other plivilege recognized by federal law. If Defendant asserts such
a privilege,

it shall provide the following:
(a) the title of the document, record, or information;
(b) the date ofthe document, record, or infonnation;
(c) the name and title of each author of the document, record, or information;
(d) the name and title of each addressee and recipient; (e) a description
of the subject of the document, record, or information; and (f) the privilege asserted by Defendant. However, no documents, records, or other information created or generated pursuant
to the requirements
of this Consent Decree shall be withheld on grounds ofptivilege. 50. Defendant may also assett that infonnation required
to be provided under this Section
is protected
as Confidential Business Information ("CBI") under 40 C.F.R. Part 2. As to any infmmation that Defendant seeks to protect as CBI, Defendant shall follow the procedures set fmth in 40 C.F.R. Part 2. 51. This Consent Decree in no way limits or affects any right of entty and inspection, or any right to obtain information, held by the United States pursuant
to applicable federal laws, regulations,
or permits, nor does it limit or affect any duty or obligation of Defendant

to maintain documents, records, or other information imposed by applicable federal or state laws, regulations,
or permits.

12Griffin Pipe Consent Decree XII. EFFECT OF SETTLEMENT/RESERVATION

OF RIGHTS 52. This Consent Decree resolves all civil liability of Defendant

to the United States for the claims alleged in the Complaint filed in this action through the date of lodging of this Consent Decree, including:

a claim based on alleged violations of Sections 110 and 502 of the Clean Air Act, 42 U.S.C. §§ 7410 and 7661a, the Iowa State Implementation Plan, federal and state regulations pe1iaining

to lead and particulate matter emission limits, and Defendant's State air quality construction pe1mit and CAA Title V operating pe1mit for the Facility;

a claim based on alleged violations of National and State Pollutant Discharge Elimination System requirements under Sections 301 and 402 of the CWA, 33 U.S.C. §§ 13ll and 1342, applicable federal, state, and local regulations, and the applicable NPDES permits for pe1missible discharges of pollutants fi"om the Facility, including effluent limitations and storm water discharges;

a claim based on alleged violations of pretreatment requirements
for a baseline monitoring report and pennitting requirements under Sections 307 and 308 of the CW A, 33 U .S.C. §§ 1317 and 1318, 40 C.P.R. Parts 403 and 464, and applicable state and local regulations. 53. The United States reserves all legal and equitable remedies available
to enforce the provisions of this Consent Decree, except as expressly stated in Paragraph 52. This Consent Decree shall not be construed

to limit the rights of the United States to obtain penalties
or injunctive relief under the CW A and CAA or implementing regulations,

or under other federal laws, regulations,

or permit conditions, except as expressly specified
in Paragraph 52. The United States finiher reserves all legal and equitable remedies
to address any imminent and substantial endangerment

to the public health or welfare or the environment arising at, or posed by, Defendant's Facility, whether related to the violations addressed
in this Consent Decree or otherwise. 54. In any subsequent administrative

or judicial proceeding initiated by the United States for injunctive relief, civil penalties, other appropriate relief relating to the Facility or Defendant's violations, Defendant shall not asse1i, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting,

or other defenses based upon any contention that the claims raised by the United States in the subsequent proceeding were or should have been brought
in the instant case, except with respect to claims that have been specifically resolved pursuant
to Paragraph 52. 55. This Consent Decree
is not a permit, or a modification
of any pennit, under any federal, State, or local laws or regulations. Defendant

is responsible for achieving and maintaining complete compliance with all applicable federal, State, and local laws, regulations, and permits; and Defendant's compliance with this Consent Decree shall be no defense to any action commenced pursuant
to any such laws, regulations,

or permits, except as set fmih herein. The United States does not, by its consent to the entJy of this Consent Decree, warrant or aver in any manner that Defendant's compliance with any aspect of this Consent Decree will result in compliance with provisions
of the Clean Air Act, 42 U.S.C.

§ 7401, 

### et seq., Clean Water Act, 33 U.S.C.

§ 1251, 

### et seq., or with any other provisions
of federal, State, or local laws, regulations, or permits.

13

### Griffm Pipe Consent Decree 

## 56. This Consent Decree do es not limit or affect th e rights of Def e nd ant or of the United States against any third pa1iie s, not patiy to thi s Consent
D ec ree, nor d oes it limit the right

s of third parties, not party to this Consent Decree, against De fe ndant

, except as other w i se provided by
l aw. 5 7. This Consent Decree

s hall not be con
s h · ued to create rights in, or grant any cause of action to , any third party not party to this Co ns ent Decree. XIII. COSTS 58. The Parties

s hall bear their own co s t s of this action

, including attorneys'

f ees, except that the United State

s s hall be entitled to collect the co s t s (including attorneys' fee s) incurred
in any a ction nece ssary to collect

a ny p01iion of the ci v il penalty or any sti pulated penalties due but not paid by Defendant. XIV. NOTI CE S 59. Unless otherwi se specified
in this Decre e, whenever notifications

, su bmi ss i o n s, or communication

s are requir

e d b y thi s Consent Decre e, they

s hall be made in writing and addressed
as follows: As to the United States by email: As to the Unite
d State

s by mail: As to EPA by mail: A s to EPA by email

, phone, or fac s imile: eescasemanagement.enrd@usdoj.

gov Re: DJ # 90-5-2-1-10126 EES Case Managem

e nt U nit Environm

e nt and Natu

r a l Resource

s Division U.S. Depatiment
of Ju s tice P.O. Box 76 11 Washington, D.C. 20044-7611 Re: OJ# 90-5-2-1-10126 Air Compliance and Enforcement Section U.S Environment

a l Protection Agency

, Region

7 11201 Renner Blvd

. Lenexa, Kansas 66219 Joe Terriquez U.S Environmental

Pr ote ction A ge n cy, Region

7 Email: terriguez.joe@epa

. gov Phone

: ( 9 13) 551- 7 105 Facsimile: (913) 551-9105 14

### Griffin Pipe Consent Decree 

## As to Defendant:

Ray Ostrowski Environmental Manager Griffin Pipe Products Co., LLC 1011 Warrenville Road, Suite 550 Lisle, IL 60532 Phone: 630-7 19-650

6 Email: ros trowski@griffinpipe.com Gary S. Rovner Foley & 

## Lardner LLP 321 North C lark Street



# I Suite 2800 Chicago, IL 60654-5313 Phone: 312.832.4918 Email: GRov1_1er@foley.com 60. Any Party may, by written notice to the other Parties, change its designated notice recipient or notice address provided above. 61. Notices submitted pursuant
to this Section shall be deemed submitted upon mailing, unl ess otherwise provided
in this Consent De cree or by mutual agreement of the Parties in writing

.

XV. EFFECTIVE DATE 62. The Effective Date of this Consent Decree shall be the date upon which this Consent De cree is entered by the Court or a motion to enter the Consent Decree
is granted, whichever occurs first, as recorded on th e Court's docket. XVI. RETENTION OF JURISDICTION 63. The Comt shall retain jurisdiction over this case until termination
of this Consent Decree, for the p urpose of resolving disput es arising under this Decree or entering orders modifying this Decree, pursuant
to Sections
X and XVII, or effectuating

or enforcing compliance with the terms ofth is Decree. XVII. MODIFICATION 64. The terms of this Consent Decree may be modified only by a subsequent written ag r eement signed by all th e Parties. Where the modification constitutes

a material change to this Decree,

it s hall be effective on l y upon approva

l by the Court. 65. Any disputes concerning modification
of this D ecree shall be resolved pursuant
to Section
X (Dispute Resolution), provided, however, that, instead of the burden of proof provided 15Griffin Pipe Consent Decree by Paragraph 44, the Party seeking the modification bears the burden of demonstrating that it is entitled to the requested modification

in accordance with Federal Rule of Civil Procedure 60(b). XVIII. TERMINATION 66. After Defendant has completed the requirements
of Section VI (Environmental Mitigation), has paid the civil penalty and any accmed stipulated penalties
as required by this Consent Decree, and IDNR has issued an effective Air Quality Construction Pennit or Permit Amendment requiring the Facility to meet
a lead emission limit for the cupola baghouse that is at least as stringent
as the lead emission limit required by Paragraph
II of this Decree, Defendant may serve upon the United States

a Request for Termination, stating that Defendant has satisfied those requirements, together with all necessary suppmiing documentation. 67. Following receipt by the United States of Defendant's Request for Termination, the Pmiies shall confer informally concerning the Request and any disagreement that the Parties may have as to whether Defendant has satisfactorily complied with the requirements
for termination
of this Consent Decree. If the United States agrees that the Decree may be terminated, the Pmiies shall submit, for the Court's approval,

a joint stipulation terminating the Decree. 68. If the United States does not agree that the Decree may be terminated, Defendant may invoke Dispute Resolution under Section X. However, Defendant shall not seek Dispute Resolution
of any dispute regarding tennination until sixty (60) Days after service of its Request for Termination.
XIX. PUBLIC PARTICIPATION 69. This Consent Decree shall be lodged with the Comi for a period of not less than 30 Days for public notice and comment
in accordance with 28 C.P.R.

§ 50.7. The United States reserves the right to withdraw
or withhold its consent if the comments regarding the Consent Decree disclose facts or considerations indicating that the Consent Decree
is inappropriate, improper,
or inadequate. Defendant consents
to entry of this Consent Decree without further notice and agrees not to withdraw fi·om or oppose enlly of this Consent Decree by the Court or to challenge any provision of the Decree, unless the United States has notified Defendant
in writing that it no longer suppmis entry of the Decree. XX. SIGNATORIES/SERVICE 70. Each undersigned representative

of Defendant and the Assistant Attorney General for the Environment and Natural Resources Division of the Department
of Justice certifies that he or she is fully authmized

to enter into the terms and conditions of this Consent Decree and to execute and legally bind the Pmiy he or she represents

to this document. 71. This Consent Decree may be signed in counterpmis, and its validity shall not be challenged
on that basis. Defendant agrees to accept service of process by mail with respect to 16Griffin Pipe Consent Decree all matters mising under or relating
to this Consent Decree and to waive the formal service requirements
set forth in Rules
4 and 5 of the Federal Rules of Civil Procedure and any applicable Local Rules of this Court including, but not limited to, service of a summons. XXI. INTEGRATION 72. This Consent Decree constitutes the final, complete, and exclusive agreement and understanding among the Pmiies with respect to the settlement embodied
in the Decree and supersedes
all prior agreements and understandings, whether oral or written, concerning the settlement embodied herein. No other document, nor any representation, inducement, agreement, understanding,

or promise, constitutes any part of this Decree or the settlement

it represents, nor shall it be used in construing the tenns of this Decree. XXII. FINAL JUDGMENT 73. Upon approval and entry of this Consent Decree by the Comi, this Consent Decree shall constitute

a final judgment of the Comi as to the United States and Defendant. Dated and entered this_ day of ____

, 2014 UNITED STATES DISTRICT JUDGE 17

## Griffin Pipe Conse nt D e cre e 

## THE UNDERSIGNED PARTY enters into this Consent Decree

in th e matter of United States
v. Griffin Pipe Products Co

. . 

# LLC. subject
to th e public notice and comment requir eme nts of28 C.F.R. §50. 

## 7. 

## For the 

## Plaintiff United States 

## of America: DATED: 

# 01

- 2 2 - 

# 2 0 /'j DATED:



# 1

- J)-

- Jj) ( 

# 1 THOMAS


## A. 

## tv1AH

I 

## NI
, JR. Deputy Section Chief Environmental Enforcement Section Environment and Natural Resources Division U.S

. Department
of Justice Post Office Box 7611 Washington,

D .C

. . 20044-7611 

# t:ii#. **!!b L~**  Senior Litigator Environmental Enforcement Section Environment and Natural Resources Division U

. S. Department
of Justice 601 D Street NW Washington

, DC 20004 Telephone: (202) 616-6560 Facsimile: (202) 514-8865 E-mail: Cynthia.Ferguson@usdoj.gov 18Griffin Pipe Consent Decree THE UNDERSIGNED PARTY enters into this Consent Decree
in the matter of United States
v. Gri{fin Pipe Products Co

. , LLC. subject to the public notice and comment requirements
of 28 

### C.F.R. §50. 7. For the Plaintiff United States Environmental Protection Agency: DATED: __ 

# z 

# __ q __ ( __ (V ____ DATED

: 

# _ J

--' { 2_ =- q ---t....: { 

# 't __ Regional Administrator U.S. EPA Region

7 11201 Renner Boulevard Lenexa

, KS 66219 ANNE RAUCH Assistant Regional Counsel U.S. EPA Region

7 11201 Renner Boulevard Lenexa, KS 66219 19Griffin Pipe Consent Decree THE UNDERSIGNED PARTY enters into this Consent Decree in the matter oJ_ United States
v. Griffin Pipe Products Co .. LLC For Defendant Griffin Pipe Products Co., LLC:

' ' /.1(. 20