SETTLEMENT AGREEMENT

This Settlement Agreement is made by and among the Missouri 

Attorney General’s Office (“Attorney General”), the Missouri Department of 

Natural Resources (“Department”), and Exide Technologies (“Exide”). This 

agreement is deemed to be executed on the date this document is signed and 

dated by the Department following Exide’s signature. 

 WHEREAS, Exide owns and operates the Canon Hollow Recycling 

Facility located 4 miles northwest of Forest City in Holt County, Missouri. 

 WHEREAS, Exide is negotiating the terms of, and will eventually sign, 

a Consent Judgment that sets out control strategies, to be implemented by 

Exide, that are designed to attain and maintain the 2008 National Ambient 

Air Quality Standard (NAAQS) for lead. 

 WHEREAS, this agreement aids in the validity and accuracy of 

establishing maximum quantities of air contaminants that may be emitted 

from an air contaminant source pursuant to Section 643.0501(1)(b), RSMo. 

 WHEREAS, to provide for appropriate instrumentation and quality 

assurance procedures necessary for the collection of data that is adequately 

representative and compatible with air dispersion modeling requirements, 

the parties agree that an on-site meteorological station located on property 
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near Exide’s Canon Hollow Recycling Facility is beneficial to the State and 

Exide. 

NOW, THEREFORE, in consideration of the mutual promises 

contained herein and other good and valuable consideration, the Department, 

the Attorney General, and Exide agree as follows: 

1. The provisions of this Agreement shall apply to and be binding 

upon the parties executing this Agreement, their agents, subsidiaries, 

affiliates, and lessees, including the officers, agents, servants, corporations 

and any persons acting under, through, or for the parties agreeing hereto. 

2. Exide, in order to collect spatially and geographically 

representative meteorological data in furtherance of compliance with the 

lead NAAQS, agrees, without admitting liability or fault, to the following: 

A. Exide installed in March 2014 a meteorological station at a 

location approved by the Department. Exide shall monitor 

meteorological data to support future dispersion modeling or other 

episodic analysis. Meteorological data collection shall include 10 meter 

wind speed, 10 meter wind direction, 2 and 10 meter ambient 

temperature, ambient barometric pressure, 10 meter sigma theta, 2 

meter to 10 meter delta temperature, relative humidity, precipitation 

and incoming solar radiation. Exide shall continue data collection from 
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this station until data collected from the ambient air network for 36 

three-month rolling averages shows continuous attainment with the 

2008 Lead NAAQS, unless terminated earlier by either party on 60 

days written notice after an initial operating period of twelve (12) 

months. This agreement may be extended by written agreement of the 

parties at any time during its effective period. 

B. Meteorological monitoring shall be conducted pursuant to a 

Department-approved Quality Assurance Project Plan (QAPP). Exide 

shall submit the QAPP to the Department for review and approval 

within sixty (60) days of entry of this Agreement. 

C. Exide shall provide to the Department the meteorological 

data and quality assurance summaries in a quarterly report within 

forty-five (45) days after the end of each calendar quarter. Data shall 

be reported electronically in the format identified in the QAPP. 

3. The terms stated herein constitute the entire and exclusive 

agreement of the parties. There are no other obligations associated with the 

meteorological station among the parties, be they express or implied, oral or 

written, except those which are expressly set out in this Settlement 

Agreement. The terms of this Settlement Agreement supersede all previous 
• • 

memoranda of understanding, notes, conversations, and agreements whether 

express or implied. This agreement may not be modified orally. 

SIGNATURES 

MISSOURI DEPARTMENT OF 

NATUR L RESOUR ES 

Kyra . Moore, Director 

Air Pollution Control Program 

DATE: _q---l-'Id."-...:...-G--I-L_ILj--'-------__ 

EXIDE TECHNOLOGIES CHRIS KOSTER 

By: ll~ ~C_~ Kara L. Vale Ine 

Printed Name: D()'\li~ ~\J;tr~~r Assistant Atto ney General 

TITLE: U .{(;~ Q\£: •.t \'1\CY\C.:1(' DATE: 1{~5 -1'( 

DATE: ~{';)S 11~ 

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