In the Matter of: ) Docket No. R9-2014-05

)) Finding and Notice of Violation

Exide Technologies )

Vernon, California )

)

Proceeding Under Section 113(a), )

Clean Air Act, As Amended

This Finding and Notice of Violation (“NOV”) is issued to Exide Technologies for violations of

the Clean Air Act (“CAA” or “Act”) as amended, 42 U.S.C. § 7401-7671q, at its lead battery recycling

facility located in Vernon, California (the “Facility”). The Facility is located within the jurisdiction of the

South Coast Air Quality Management District (“SCAQMD” or “District”). Section 1 13(a)(1) ofthe Act

requires the EPA Administrator to notify a person in violation of a state implementation plan. The

authority to issue NOVs has been delegated to the Director ofthe Enforcement Division for EPA, Region

Ix.

GENERAL STATUTORY AND REGULATORY BACKGROUND

1. Section 110(a) ofthe Act requires that all states adopt state implementation plans (“SIPs”) that provide

for the implementation, maintenance and enforcement of primary and secondary air quality standards.

42 U.S.C. §7410(a).

2. The Facility is located within the jurisdiction ofthe South Coast Air Quality Management District

(“SCAQMD” or “District”).
from Large Lead-Acid Battery Recycling Facilities

), as adopted by the District on November 5, 2010,

into SCAQMD’s portion ofthe California SIP. 78 Fed. Reg. 5305 (Jan. 25, 2013).

5. Section 1420.1(b) states that the provisions ofthe rule apply to all persons who own or operate a leadacid battery recycling facility that has processed more than 50,000 tons of lead a year in any calendar

year prior to November 5, 2010, or annually thereafter.

‘6. Section 1420.1(d)(2) specifies that on and after January 1, 2012, the owner or operator of a large leadacid battery recycling facility is subject to a requirement that prohibits emissions that contribute to

ambient air concentrations that exceed 0.15 g/m3averaged over any 30 consecutive days. Section

1420.1 (b)(2) further specifies that ambient cOncentrations of lead shall be determined by monitors

pursuant to Section 1420.1(j) or at any District-installed monitor.

7. Section 1420.1 (j) requires the owner or operator of a large lead-acid battery recycling facility to

conduct ambient air monitoring and sampling at a minimum of four sampling sites approved by the

Executive Officer ofthe District. Section 1420.1(j) further specifies that the locations ofthese ,monitors shall be at or beyond the property line.

FINDINGS OF FACT

8. Exide Technologies is the owner and/or operator ofthe Facility, located at 2700 South Indiana Street

in Vernon, California. The Facility is a secondary lead smelter that recycles lead batteries and other

lead-bearing scrap materials.

9. Exide Technologies operates monitoring equipment to measure levels of lead in ambient air at various

locations at or just beyond the Facility property line, including but not limited to: (i) the Railyard

2
11. On or about September 18, 2013, emissions from the Facility exceeded the standard in Section

1420.1(d)(2) as measured at the OSN monitor.

12. On or about January 2 through January 3, 2014, emissions from the Facility exceeded the standard in

Section 1420.l(d)(2) as measured at the OSN monitor.

13. On or about March 22 through April 19, 2014, emissions from the Facility exceeded the standard in

Section 1420.1 (d)(2) as measured at the NE monitor.

FINDING OF VIOLATION

Finding of Failure to Comply with Rule 1420.1

On the dates noted above, Exide Technologies violated Rule 1420.1 by allowing emissions in

excess of 0.15 jig/rn 3averaged over 30 days as measured by monitors installed and operated pursuant to

Section 1420.1(j).

NOTICE OF VIOLATION

Notice is given to Exide Technologies that the Administrator ofthe United States Environmental

Protection Agency, by authority duly delegated to the undersigned, finds that Exide Technologies has

violated section 110 ofthe Act, the California SIP, and SCAQMD Rule 1420.1, as set forth in the Finding

of Violation.

ENFORCEMENT

Section 113(a)(1) ofthe Act provides that when any person has violated any requirement or

prohibition of an applicable implementation plan or permit, EPA may:

- issue an order requiring compliance with the requirements or prohibition ofsuch

3
not more than $37,500 per day for each violation.

Furthermore, if a person knowingly violates any requirements of an applicable implementation

plan more than 30 days after notification of violation, section 113(c) provides for criminal penalties or

imprisonment, or both.

Under section 306(a) ofthe Act, the regulations promulgated thereunder (2 C.F.R. Parts 180 and

1532), and Executive Order 11738, facilities to be used in federal contracts, grants, and loans must be in

full compliance with the Act and all regulations promulgated pursuant to it. Violations ofthe Act may

• result in the facility being declared ineligible for participation in any federal contract, grant, or loan.

. 4 ,.-•.

PENALTY ASSESSMENT CRITERIA

Section 1 13(e)(1) ofthe Act states that the Administrator or the court, as appropriate, shall, in

determining the amount of any penalty to be assessed, take into consideration (in addition to such other

factors as justice may require) the size ofthe business, the economic impact ofthe penalty on the business,

the violator’s full compliance history and good faith efforts to comply, the duration ofthe violation as

established by any credible evidence (including evidence other than the applicable test method), payment

by the violator of penalties previously assessed for the same violation, the economic benefit of

noncompliance, arid the seriousness ofthe violation.

Section 1 13(e)(2) ofthe Act allows the Administrator or the court to assess a penalty for each day

of violation. For the purposes of determining the number of days of violation, where the EPA makes a

prima facie showing that the conduct or events giving rise to this violation are likely to have continued or

recurred past the date of this NOV. the days of violation shall be presumed to include the date of this NOV

4
OPPORTUNITY FOR CONFERENCE

Exide Technologies may, upon request, confer with EPA. The conference will enable Exide

Technologies to present evidence bearing on the finding of violation, the nature ofthe violations, and any

efforts it may have taken or proposes to take to achieve compliance. Exide Technologies has the right to

be represented by counsel. A request for a conference with EPA must be made within ten (10) working

days ofreceipt ofthis NOV. The request for a conference or other inquiries concerning the NOV should

be made in writing to:

Kara Christenson

Office of Regional Counsel (ORC-2)

U.S. Environmental Protection Agency

75 Hawthorne Street

San Francisco, California 94105

(415)972-3881

christenson.karaepa.gov

5kz%

Date Kath en H. John

Director, Enforcement Division

5