TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

AGENDA ITEM REQUEST 

for Proposed Revision to the State Implementation Plan 

AGENDA REQUESTED: June 22, 2011 

DATE OF REQUEST: June 3, 2011 

INDIVIDUAL TO CONTACT REGARDING CHANGES TO THIS 

REQUEST, IF NEEDED: Joyce Spencer, 239-5017 

CAPTION: Docket No. 2011-0521-MIS. Consideration for publication 

of, and hearing on, proposal of an Agreed Order with Exide Technologies in 

Collin County to require Exide Technologies to install and implement 

control strategies for lead emissions as part of the Collin County Attainment 

Demonstration State Implementation Plan (SIP) Revision for the 2008 

Lead National Ambient Air Quality Standard (NAAQS). The proposed 

Agreed Order also includes contingency measures that are required by the 

Federal Clean Air Act to be part of an attainment demonstration SIP 

revision. 

This proposed Agreed Order with Exide Technologies would make legally 

enforceable control strategies and contingency measures for the Collin 

County Attainment Demonstration SIP Revision for the 2008 lead NAAQS. 

(Holly Brightwell, Amy Browning) 

Susana M. Hildebrand 

Chief Engineer

David Brymer 

Division Director

Joyce Spencer 

Agenda Coordinator 

Copy to CCC Secretary? NO X YES

Texas Commission on Environmental Quality 

Interoffice Memorandum

To: 

Thru: 

From: 

Docket No.:

Commissioners 

LaDonna Castañuela, Chief Clerk 

Mark R. Vickery, P.G., Executive Director 

Susana M. Hildebrand, P.E., Chief Engineer 

2011-0521-MIS 

Date: June 3, 2011

Subject: Commission Approval for Proposed Agreed Order for Exide Technologies 

Lead Acid Battery Recycling Plant in Collin County

Background and reasons for the proposed Agreed Order: 

On October 15, 2008, the United States Environmental Protection Agency (EPA) 

substantially strengthened the National Ambient Air Quality Standard (NAAQS) for lead. 

The new standard, set at 0.15 micrograms per cubic meter (μg/m3) measured as a rolling 

three-month average, is 10 times more stringent than the previous standard of 1.5 μg/m3

measured as a quarterly average. Effective December 31, 2010, the EPA designated an area 

surrounding Exide Technologies (Exide) located in Frisco, Collin County, as nonattainment 

for the 2008 lead NAAQS (75 FR 71033). 

Section 110(a)(1) of the Federal Clean Air Act (FCAA) requires states to submit a state 

implementation plan (SIP) revision for areas that have been designated nonattainment to 

provide for the implementation, maintenance, and enforcement of the NAAQS. States are 

required to adopt and submit attainment demonstration SIP revisions within 18 months of 

designation. In accordance with FCAA, §172 and implementation guidance published with 

the November 12, 2008, final lead NAAQS (73 FR 66964), the proposed SIP revision 

contains a reasonably available control measures analysis, a reasonably available control 

technology analysis, demonstration of attainment through air dispersion modeling, a 

control strategy demonstration, an emissions inventory, a demonstration of reasonable 

further progress, and contingency measures. The proposed 2011 Collin County Attainment 

Demonstration SIP Revision for the 2008 Lead NAAQS Docket No. 2011-0582-SIP (2008 

Lead Attainment Demonstration SIP revision) contains control measures to bring Collin 

County into attainment and contingency measures ready to be implemented to correct a 

violation of the 2008 lead NAAQS before November 1, 2012, the date that the area must 

begin monitoring attainment of the lead NAAQS. 

This proposed Agreed Order between the Texas Commission on Environmental Quality 

(TCEQ) and Exide would make the control measures and contingency measures contained 

in the proposed SIP revision legally enforceable. 
Commissioners 

Page 2 

June 3, 2011 

Re: Docket No. 2011-0521-MIS 

Scope of the proposed Agreed Order: 

A.) Summary of what the Agreed Order will do: 

The control measures and contingency measures that have been identified for the proposed 

2008 Lead Attainment Demonstration SIP revision will be enforceable through this agreed 

order, which is between the TCEQ and Exide, the only lead source in the nonattainment 

area. The Agreed Order would include legally binding requirements for Exide to relocate, 

enclose, and install specific control devices for some operational areas and implement 

other maintenance and control measures necessary for Collin County to reach attainment 

of the 2008 lead NAAQS by November 1, 2012. The requirements contained in the Agreed 

Order are listed in stipulations 15 through 37 of the agreed order. The Agreed Order would 

also include legally binding contingency measures that are to be implemented if the area 

fails to meet milestones described in the Agreed Order. 

 

Statutory authority: 

The authority to propose and adopt this Agreed Order is derived from Texas Health and 

Safety Code, Texas Clean Air Act (TCAA), §382.002, which provides that the policy and 

purpose of the TCAA is to safeguard the state’s air resources from pollution; TCAA, 

§382.011, which authorizes the commission to control the quality of the state’s air; TCAA, 

§382.012, which authorizes the commission to prepare and develop a general, 

comprehensive plan for the control of the state’s air; and Texas Water Code, §5.02, General 

Powers, and §5.013, General Jurisdiction of the Commission. 

The FCAA, 42 United States Code §§7401, et seq., requires states to submit SIP revisions 

that specify the manner in which the NAAQS will be achieved and maintained within each 

air quality control region of the state. Additionally, the specific requirements for the 2008 

lead NAAQS were published in the November 12, 2008, issue of the Federal Register (73 

FR 66963). 

Effect on the: 

A.) Regulated community: 

The affected regulated community currently consists only of Exide Technologies, the sole 

contributing source in the nonattainment area. The affected source would be required to 

install control technologies to meet the lead NAAQS, implement new work practices, and 

comply with additional monitoring and recordkeeping requirements. For further 

information, please refer to the executive summary of the 2008 Lead Attainment 

Demonstration SIP revision Docket No. 2011-0582-SIP being proposed June 22, 2011, 

which contains details of the controls set out in the Agreed Order. 

B.) Public: 

The general public in the lead nonattainment area would benefit from improved air quality 

from reduced lead emissions. 

C.) Agency programs: 
Commissioners 

Page 3 

June 3, 2011 

Re: Docket No. 2011-0521-MIS 

This Agreed Order will increase the workload in the Office of Compliance and Enforcement 

staff when inspecting the affected facility to verify compliance with the Agreed Order and 

when coordinating the alternative monitoring method that is part of the Agreed Order. In 

addition, Chief Engineers Office staff workload would increase when comparing 

compliance with the requirements of the Agreed Order.

Stakeholder meetings: 

A stakeholder meeting for the proposed SIP revision associated with this Agreed Order was 

held on January 19, 2011, in Frisco. Stakeholders expressed numerous concerns about air 

quality, public health, industry-related emissions, proposed control strategies, and 

property values. 

Potential controversial concerns and legislative interest: 

The City of Frisco, the citizens of Frisco, and the Honorable Florence Shapiro, Texas 

Senator District 8, have expressed considerable concern regarding Frisco’s air quality. 

Parties have also expressed great interest in implementing additional controls to reduce 

emissions as expeditiously as possible. 

Will this Agreed Order affect any current policies or require development of 

new policies? 

No

What are the consequences if this Agreed Order does not go forward? Are 

there alternatives to this Agreed Order? 

Agreed Order Docket No. 2011-0521-MIS makes legally enforceable the control measures 

and contingency measures contained in the 2008 Lead Attainment Demonstration SIP 

revision. If the Agreed Order is not signed by the TCEQ and Exide Technologies, the TCEQ 

must make control strategies and contingency measures legally enforceable through a rule 

revision. 

Key points in the proposed Agreed Order schedule: 

Anticipated proposal date: June 22, 2011 

Public hearing date: July 28, 2011 

Public comment period: June 24, 2011 through August 8, 2011 

Anticipated adoption date: December 7, 2011

Agency contacts: 

Holly Brightwell, 239-4905, Air Quality Division 

Amy Browning, 239-0891, Environmental Law Division 

cc: Chief Clerk, 2 copies 

Executive Director's Office 

Susana M. Hildebrand, P.E. 

Anne Idsal 
Commissioners 

Page 4 

June 3, 2011 

Re: Docket No. 2011-0521-MIS 

Curtis Seaton 

Ashley Morgan 

Office of General Counsel 

Holly Brightwell 

Joyce Spencer 

Tony Walker 
APPENDIX A 

AGREED ORDER 2011-0521-MIS 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

IN THE MATTER OF AN 

AGREED ORDER CONCERNING 

EXIDE TECHNOLOGIES, INC. 

ACCOUNT NO. CP-0029-G

§

§

§

§

BEFORE THE TEXAS 

COMMISSION ON 

ENVIRONMENTAL

QUALITY

AGREED ORDER

DOCKET NO. 2011-0521-MIS

The Texas Commission on Environmental Quality (the Commission or TCEQ), 

hereby orders Exide Technologies (Exide), formerly known as GNB Technologies Inc. 

(GNB), and, prior to being GNB, known as Gould National Battery, Incorporated, to 

comply with the requirements herein regarding control of emissions of lead from the 

facilities referenced below, pursuant to § 382.023 of the Texas Clean Air Act (the Act), 

Texas Health and Safety Code, Chapter 382, and § 110 of the Federal Clean Air Act, 42 

U.S.C. § 7401 et seq., for the purpose of revising the Texas State Implementation Plan 

(SIP) for control of lead. The Executive Director of the Commission and Exide have 

agreed on these control requirements, subject to the approval of the Commission. The 

Executive Director and Exide enter into this Agreed Order for the purpose of 

implementing the SIP measures in the Collin County 2008 Lead Standard Attainment 

Demonstration SIP Revision.

I. STIPULATIONS

For the purpose of this Agreed Order, the parties have agreed and stipulated as 

follows:

1. Section 110 of the Federal Clean Air Act, 42 U.S.C. 7401 et seq., requires 

Texas to submit SIP revisions to the United States Environmental 

Protection Agency (EPA) for approval and to demonstrate that such SIP 

revisions provide protection of the National Ambient Air Quality 

Standards (NAAQS) and the Prevention of Significant Deterioration 

increments for lead.

2. Exide owns and operates a secondary lead smelter/lead oxide 

manufacturing plant, located at 7471 South Fifth Street, Frisco, Collin 

County, Texas (the plant).

3. The plant consists of one or more sources as defined in § 382.003(12) of 

the Act.

4. In 1992, GNB entered into Agreed Board Order 92-09(k) (Order 92-09(k)) 

with the Texas Air Control Board (TACB), predecessor to the TCEQ, and 

special provisions were included in amendments to Air Quality Permits R-
Agreed Order 2011-0521-MIS

Page 2

1147A and R-5466D to resolve notices of violations regarding exceedances 

of the NAAQS for lead. The purpose of Order 92-09 (k) was to assure 

maintenance of the NAAQS for lead, and required GNB to continue 

implementation of or to implement certain measures to prevent 

recurrence of the violations alleged in Order 92-09(k).

5. GNB amended Texas Natural Resources Conservation Commission 

(TNRCC) Air Quality Permit Nos. 1147A and 3048A to incorporate the 

provisions of Order 92-09(k) as permanent and enforceable reductions.

These permits were renewed in 2006 by Exide. The maximum allowable 

emission rate of lead in these permits ensure that lead emissions will not 

exceed 4.27 tons per year (tpy), unless otherwise authorized by an 

amendment or new permit that had demonstrated through air dispersion 

modeling that the increase would not cause or contribute to a violation of 

the NAAQS. GNB and the TNRCC agreed to terminate Order 92-09(k).

However, GNB agreed to continue implementation of the requirements of 

paragraph 8 in Order 92-09(k) as incorporated into Permit Numbers 

1147A and 3048A, or to implement additional measures or control 

technologies proposed by GNB that were judged by the Executive Director 

to be similarly effective in controlling lead emissions from the plant. Exide 

agrees to continue to abide by these representations agreed to by GNB.

6. In 1993, GNB entered into Agreed Board Order 93-12 (Order 93-12) with 

the TACB to establish contingency measures related to the 1993 Lead State 

Implementation Plan revisions for Collin County, Texas.

7. GNB implemented the measures in Order 93-12 by: adding a supplemental 

ventilation baghouse to its metallurgical furnace operation (the 

reverberatory and blast furnaces); covering its blast furnace bins and 

installing a water spray system over the bin area; installing a baghouse at 

the raw materials storage building; installing a feed dryer and baghouse to 

reduce the possibility of reverberatory furnace explosions due to wet feed; 

writing and implementing detailed site operation and maintenance plans 

for its baghouse operations; and installing a Tri-bo Flow® System in all 

baghouse ducts to detect upset emissions. The parties to Order 99-0351-

SIP agreed to terminate Order 93-12; however, Exide agreed to continue 

implementation of these measures, or to implement additional measures 

or control technologies proposed by Exide that were judged by the 

Executive Director to be similarly effective in controlling lead emissions 

from the plant.

8. In 2009 Exide entered into Agreed Order 2009-0071-MIS with the 

Executive Director as part of the second (2009) ten-year Maintenance 

Plan for the 1978 lead NAAQS. As part of that Agreed Order, Exide agreed 
Agreed Order 2011-0521-MIS

Page 3

to continue implementation of the measures previously implemented as 

detailed in paragraphs 4-7. Exide also agreed to maintain records for the 

period of the second (2009) Maintenance Plan and make those records 

available upon request by the TCEQ or any other air pollution control 

agency with jurisdiction.

9. This Agreed Order does not authorize or prohibit any modification of the 

plant listed above, nor does it authorize or prohibit the construction of any 

abatement equipment that may be necessary to achieve the emission limits 

set forth in this Agreed Order, other than that which is specifically 

authorized in this Agreed Order.

10. Emissions Points Numbers (EPNs), as used in this Agreed Order, are as 

specified in TCEQ Air Permits 1147A and 3048A as of April 28, 2011. In 

addition, definitions for purposes of this Agreed Order are as follows:

a. The term "condition" is defined as the existence of data showing an 

exceedance of the 0.15 micrograms per cubic meter (μg/m3) lead 

NAAQS measured as a rolling three-month average at any TCEQ 

ambient air quality lead monitoring site in Collin County after 

quality assurance.

b. The term "contingency measures" is defined to include the 

following:

i. Full enclosure of the lead oxide operational area and install 

negative pressure ventilation, a new point source, and 

filtration media (either a baghouse or cartridge filter) (EPN 

46). This will include the full enclosure of the lead oxide 

operational area, the installation of negative pressure 

ventilation sufficient to ensure that lead oxide operational 

area fugitives are routed to the new baghouse, the 

installation of a new point source, installation of a new 

baghouse with PTFE filter media and improved seating 

design bags (see Attachment A), or equivalent or superior 

design if approved by TCEQ, and secondary HEPA filtration. 

All HEPA filters shall be rated by the manufacturer to 

achieve a minimum of 99.97% capture efficiency for 0.3 

micron particles. The enclosure performance shall be 

consistent with the requirements of 40 CFR §63.544(b) and 

63.547(e) as of March 7, 2011.

ii. Install vacuum hooding over lead oxide loading operations 

(currently EPNs 27 and 28).
Agreed Order 2011-0521-MIS

Page 4

iii. Designate that wheeled and powered plant equipment such 

as forklifts used inside a fully enclosed area will not be used 

outside of such an area without cleaning inside a permanent 

total enclosure.

11. Recognizing the importance of access to data for purposes of decisionmaking and implementation of this Agreed Order, the Executive Director 

of the TCEQ shall provide Exide with all quality-assured air monitoring 

data within forty (40) days after the sample is collected. TCEQ will seek to 

enable Exide to co-locate monitors at TCEQ monitoring locations. TCEQ 

agrees that it will install sample-saver devices on all TCEQ ambient air 

quality lead monitors in Collin County that do not have such devices as 

expeditiously as possible, but not later than November 1, 2012.

12. The Commission and Exide agree that the Commission has jurisdiction to 

enter this Agreed Order, and Exide is subject to the Commission's 

jurisdiction.

13. To better safeguard the air resources of this state, Exide agrees to comply 

with the terms of this Agreed Order. This Agreed Order includes emission 

control measures, specifically the measures in paragraphs 17, 23, 26, and 

27, which are in addition to those measures considered, based on TCEQ 

attainment demonstration modeling, to be necessary for attainment of the 

Collin County 2008 Lead Standard. 

14. This Agreed Order continues in effect until attainment is achieved with the 

2008 lead NAAQS and TCEQ submits a redesignation request and 

maintenance plan to the EPA, at which time this Agreed Order shall be 

deemed revoked by TCEQ.

II. ORDER

It is therefore ordered by the Texas Commission on Environmental Quality 

(TCEQ) that Exide Technologies shall, from and after the date of this Agreed Order:

15. Relocate the slag treatment building to a location adjacent to the furnace 

and refining operations to reduce fugitive emissions, and replace the 

existing baghouse at the Slag Fixation operation stack (EPN39) with a new 

baghouse fitted with polytetrafluoroethylene (PTFE) membrane media 

and improved seating design (see Attachment A) or equivalent or superior 

design if approved by TCEQ, all to be accomplished as expeditiously as 

practicable but no later than March 31, 2012. All baghouses must be 

maintained in good working order at all times.
Agreed Order 2011-0521-MIS

Page 5

16. Fully enclose the battery breaker and covered raw materials storage area.

This will include the full enclosure of the battery breaker operations and 

contiguous covered raw materials storage area, the installation of negative 

pressure ventilation sufficient to ensure that battery breaker and covered 

raw materials storage area fugitives are routed to the new baghouse, the 

installation of a new point source, and installation of a new baghouse with 

PTFE filter media and improved seating design bags (see Attachment A), 

or equivalent or superior design if approved by TCEQ. The enclosure 

performance shall be consistent with the requirements of 40 CFR 

§63.544(b) and 63.547(e) as of March 7, 2011. This measure is to be 

completed and operational as expeditiously as possible but no later than 

March 31, 2012.

17. Complete the retrofitting of baghouses (Permit 1147A EPNs 18, 21, 22, 37, 

38). Exide will replace all bags in the identified baghouses with PTFE 

membrane media and replace all of the baghouse tube sheets with 

improved seating design as expeditiously as possible, but no later than 

April 30, 2011 (see Attachment A), or equivalent or superior design if 

approved by TCEQ. All baghouses must be maintained in good working 

order at all times.

18. Operate under a traffic plan for trucks unloading batteries at the facility

and for traffic to, from, and across the on-site landfill (see Attachments B 

and C). Exide will relocate the spent battery loading docks to the north 

side of the battery breaker operation and reconfigure the traffic route such 

that the spent battery delivery trucks enter and leave along the north route 

and never enter the center of the facility. Traffic excluded from this plan 

includes chemical delivery trucks, plant service vehicles, and other scrap 

delivery vehicles. This measure is to be completed and operational as 

expeditiously as possible, but not later than March 31, 2012.

19. Replace the existing seals on the blast furnace “doghouse” emissions 

capture and ventilation hooding system (EPN 10) as expeditiously as 

possible, but no later than April 30, 2011. 

20. Replace the reverberatory furnace (EPN 35) hydraulic ram feeder with a 

rotary screw as expeditiously as possible but no later than April 30, 2011.

21. Until Paragraphs 25-26 are implemented, install a non-fouling area 

misting system in the blast and reverberatory furnace area (EPNs 10 and 

35) as expeditiously as possible, but no later than July 31, 2011. 
Agreed Order 2011-0521-MIS

Page 6

22. Fix and seal all holes and cracks of greater than 15 cm2 in surface area and 

at least 1.0 cm wide along the entire length of the opening in the existing 

secondary lead process and lead oxide operational area enclosures and the 

raw material storage building as expeditiously as possible but no later than 

March 31, 2012. Holes and cracks are unintended openings in roofs and 

walls that occur due to corrosion or damage.

23. Upon receipt, any lead acid battery or palletized group of batteries that is 

cracked or leaking and is readily visible without removing shipping 

material, shall immediately be sent to the battery breaking area for 

processing or stored in a full enclosure kept under negative pressure with 

emissions routed to a control device.

24. Replace the existing roll-up doors in the raw material storage building, as 

expeditiously as possible but no later than November 1, 2012.

25. Fully enclose and place under negative pressure ventilation the blast and 

reverberatory furnace area, including the refining/casting area (EPNs 10, 

35, 36, and 37) as expeditiously as possible, but no later than November 1, 

2012. This will include the full enclosure of the blast and reverberatory 

furnace area, including the refining/casting area, the installation of 

negative pressure ventilation sufficient to ensure that blast and 

reverberatory furnace area fugitives, along with the refining/casting area 

fugitives are routed to the new baghouse or an existing baghouse, the 

installation of a new point source, and installation of a new baghouse with 

PTFE filter media and improved seating design bags (see Attachment A), 

or equivalent or superior design if approved by TCEQ. The enclosure 

performance shall be consistent with the requirements of 40 CFR 

§§63.544(b) and 63.547(e) as of March 7, 2011. 

26. Install secondary HEPA filtration on all baghouses that receive lead 

emissions (EPN 11-18, 21-26, 37, 39), except for the reverberatory furnace 

baghouse and the blast furnace baghouse (EPN 38). All HEPA filters shall 

be rated by the manufacturer to achieve a minimum of 99.97% capture 

efficiency for 0.3 micron particles. Exide will evaluate the technical 

feasibility of installing secondary HEPA filtration on the reverberatory 

furnace baghouse and the blast furnace baghouse, and, if technically 

feasible, will also install secondary HEPA filtration on these two 

baghouses. If HEPA filtration is not technically feasible for these two 

baghouses, Exide will install high efficiency PTFE secondary filtration 

devices. This measure is to be completed and operational as expeditiously 

as possible, but not later than November 1, 2012.
Agreed Order 2011-0521-MIS

Page 7

27. Process or mobile equipment that is contaminated with lead shall be 

initially cleaned inside of a permanent total enclosure prior to being 

moved to the maintenance building. This measure shall be implemented 

by March 31, 2012.

28. For the secondary filtration on the baghouses, pressure drop monitoring 

must be conducted at least daily.

29. For the enclosures maintained under negative pressure, at least once each 

shift with each event not less than four hours apart, negative pressure 

monitoring must be conducted according to 40 CFR §63.544(b) and 

63.547(e) as of March 7, 2011.

30. All lead point sources will be stack tested according to the provisions in 

Appendix T1.

31. In addition to other required record-keeping, Exide shall keep records of 

the following:

a. Results of all stack tests conducted in accordance with paragraph 

30 that are not already required to be maintained by 40 CFR 

Subpart X as of March 7, 2011;

b. Records of fugitive control activities required under this Agreed 

Order and lead control device inspection and maintenance 

requirements not otherwise required by permit or 40 CFR Subpart 

X as of March 7, 2011, including the name of the person performing 

the activity, and the dates and times on which specific activities 

were completed.

c. Negative pressure monitoring in accordance with paragraph 29.

d. Quarterly inspections of the buildings under negative pressure to 

ensure that they are maintained at least to the standard described 

in paragraph 22.

e. Results of the daily pressure drop monitoring required in paragraph 

28.

32. Maintain records until TCEQ revokes this Agreed Order but no longer than 

eight (8) years from the creation of any such records, sufficient to 

demonstrate compliance with the requirements in paragraphs 15 to 31, 

and make those records available upon request by the TCEQ or any other 

air pollution control agency with jurisdiction. Retention of these records 

does not affect in any way any other terms of this Agreed Order. 

33. Apply for and obtain necessary authorizations to implement the control 

strategies listed in paragraphs 15 to 27 above, and to ensure that any 
Agreed Order 2011-0521-MIS

Page 8

changes at the facilities will be incorporated into Permits 1147A and 

3048A. Any necessary NSR applications for these permit changes will be 

submitted by Exide to the Executive Director within ninety (90) days upon 

signature of this Agreed Order by both parties, and the applications will be 

administratively complete within 120 days of signature of this Agreed 

Order by both parties, unless a later deadline is approved by the Executive 

Director.

34. Exide shall notify TCEQ’s Chief Engineer’s Office prior to submitting an 

application for a permit amendment that would allow Exide to increase 

site-wide actual lead emissions above currently permitted levels, in order 

to determine whether an amendment to this Agreed Order or issuance of a 

new agreed order with corresponding revisions to the SIP are needed.

35. Exide agrees to continue to maintain all air pollution abatement 

equipment in good working order and operate it properly during normal 

operations.

36. Beginning February 1, 2013, if TCEQ provides notice of a condition, within 

thirty (30) days of TCEQ notification Exide shall have the opportunity to 

submit to the TCEQ’s Chief Engineer’s Office for review and approval or 

disapproval within forty-five (45) days thereafter an affirmative 

demonstration that an identifiable problem involving existing operations 

is the root cause of the condition and a proposal for remedy and 

prevention of recurrence of the problem (a “demonstration and proposal 

for correction”). If Exide does not submit a demonstration and proposal 

for correction within the allotted thirty (3o) days or TCEQ disapproves of 

such submission within the allotted forty-five (45) days, Exide shall 

implement the contingency measures (B.1 - B.3) as expeditiously as 

possible but no later than twelve (12) months after TCEQ’s notification to 

Exide of the condition.

37. The Executive Director may grant an extension of any deadline in this 

Agreed Order occurring before November 1, 2012 upon a written and 

substantiated showing of good cause, except that no deadline shall be 

extended beyond November 1, 2012. All requests for extensions by Exide 

shall be made in writing to the Executive Director. Extensions are not 

effective until Exide receives approval from the Executive Director. While 

the determination of what constitutes good cause rests solely with the 

Executive Director, approval of an extension shall not unreasonably be 

withheld. 

The provisions of this Agreed Order shall apply to and be binding upon Exide 

Technologies Inc., its successors, assigns and upon those persons in active concert or 
Agreed Order 2011-0521-MIS

Page 9

participation with them who receive actual notice of this Agreed Order by personal 

service or otherwise. Exide Technologies Inc. is hereby ordered to give notice of this 

Agreed Order to any successor in interest prior to transfer of ownership of all or any part 

of its plant, located at 7471 South Fifth Street, Frisco, Collin County, Texas, and, within 

ten days of any such transfer, provide the Texas Commission on Environmental Quality 

with written certification of such transfer, and that such notice has been given.

If any portion of this Agreed Order is for any reason held to be invalid by a court 

of competent jurisdiction, the invalidity of any portion shall not affect the validity of the 

remaining portions.
Agreed Order 2011-0521-MIS

Page 10

SIGNATURE PAGE

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

______________________________ _________________

For the Commission Date

Bryan W. Shaw, Ph.D.

Chairman 

Texas Commission on Environmental Quality

I, the undersigned, have read and understand the attached Agreed Order. I am 

authorized to agree to the attached Agreed Order on behalf of the entity, if any, 

indicated below my signature, and I do agree to the terms and conditions specified 

therein.

______________________________ ________________

Joseph P. Dowd Date

Vice President and General Manager, Recycling

Exide Technologies Inc.

______________________________ ________________

Stephanie Bergeron Perdue Date

Deputy Director

Office of Legal Services

Texas Commission on Environmental Quality
Appendix T1

Stack Testing
1

Stack Testing Appendix T1

1. All existing lead point sources shall be stack tested as soon as possible, but no later 

than April 1, 2012, to demonstrate compliance with the control measures and 

emission specifications of this agreed order. 

2. All new point sources after December 31, 2011, shall be stack tested within 60 days of 

commencement of operation to demonstrate compliance with the control 

measures and emission specifications of this agreed order. 

3. After April 1, 2012, all lead point sources subject to the requirements of 40 CFR 63, 

Subpart X (NESHAP for Secondary Lead Smelting) will be stack tested at least 

annually to demonstrate compliance with the control measures and emission 

specifications of this agreed order. 

4. Prior to conducting a stack test, Exide shall submit a pre-test plan to the executive 

director and the TCEQ Dallas-Fort Worth Regional Office for approval at least 60 

calendar days prior to conducting the stack test. The pre-test plan shall include a 

Stack Test Information Form (STIF), the source test criteria of the end user and 

all assumptions, required data, and calculated targets for testing the following: 

target lead control standard, preliminary lead analytical data, planned sampling 

parameters, and information on equipment, logistics, personnel, and other 

resources necessary for an efficient and coordinated test. A pre-test meeting may 

be required by the regional office after review of the above documentation.

5. Stack tests shall be conducted while operating at a minimum of 80% of equipment 

maximum capacity and in accordance with EPA Method 1-4 (40 CFR Appendix 

A) for determining stack flow velocity and Method 12 of appendix A–5 or Method 

29 of appendix A–8 of 40 CFR part 60 must be used to determine lead emissions 

rate of the stack gas. A performance test shall consist of at least three runs. For 

each test run with Method 12 of appendix A–5 or Method 29 of appendix A–8 of 

40 CFR part 60, the minimum sample time must be 60 minutes and the 

minimum volume must be 1 dry standard cubic meter (35 dry standard cubic 

feet). The average of triplicate samples, obtained according to approved test 

methods, shall be used to determine compliance. The operator may use 

alternative or equivalent source test methods as defined in U.S. EPA 40 CFR 

§ 60.2, approved in writing by the executive director, and the U.S. EPA. Minor 

modifications to the test methods may be approved by the TCEQ Dallas-Fort 

Worth Regional Office.

6. Laboratory analysis of the stack testing samples from the source test methods cited 

in this Agreed Order must be performed by a laboratory that has been accredited 

by the Texas Laboratory Accreditation Program for the National Environmental 

Laboratory Accreditation Conference (N.E.L.A.C.) standards and shall provide 

this accreditation certification to the regional office upon request. If there is no 

approved laboratory, then approval of the testing procedures used by the 
2

laboratory shall be granted by the executive director on a case-by-case basis 

based on commission protocols and procedures.

7. Final test reports must be submitted to the TCEQ Dallas-Fort Worth Regional Office 

within 60 days after completion of field testing for review and approval. The 

TCEQ Dallas-Fort Worth Regional Office shall specify the stack test report 

content requirements.
Attachment A

Seating Design Diagram for 

Baghouses

Attachment B

Traffic Plan for Trucks Delivering 

and Unloading Batteries

Attachment C

Traffic Plan for Landfill
Please contact the EPA Docket Center, Public 

Reading Room to view this document. 

Address: 

1301 Constitution Ave, NW 

Room 3334 

Washington, DC 20004 

Telephone: 

202-566-1744 

Fax: 

202-566- 9744 

Email: 

docket-customerservice@epa.gov