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 Technol ogies (“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 i n Holt County, Missouri. WHEREAS, Exide is negotiating the terms of, and wi ll 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 a ccuracy 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 instrumentatio n and quality assurance procedures necessary for the collection o f data that is adequately representative and compatible with air dispersion m odeling requirements, the parties agree that an on-site meteorological st ation located on property2013-11-003930 2 near Exide’s Canon Hollow Recycling Facility is bene ficial to the State and Exide. NOW, THEREFORE, in consideration of the mutual prom ises contained herein and other good and valuable consid eration, 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 ag ents, subsidiaries, affiliates, and lessees, including the officers, ag ents, servants, corporations and any persons acting under, through, or for the p arties agreeing hereto.
2. Exide, in order to collect spatially and geographic ally 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 stat ion at a location approved by the Department. Exide shall m onitor meteorological data to support future dispersion mo deling 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 humid ity, precipitation and incoming solar radiation. Exide shall continue data collection from2013-11-003930 3 this station until data collected from the ambient air network for 36 three-month rolling averages shows continuous attai nment with the 2008 Lead NAAQS, unless terminated earlier by eithe r party on 60 days written notice after an initial operating peri od 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 pursua nt 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 meteorolo gical 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 e xclusive agreement of the parties. There are no other oblig ations associated with the meteorological station among the parties, be they e xpress or implied, oral or written, except those which are expressly set out i n 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 

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4 2013-11-003930