EPA v. EXIDE CORPORATION(GENERAL BATTERY CORP.)

Case summary

In a settlement with the United States, Exide Technologies, has agreed to install air pollution control equipment, continue operating existing pollution controls, and comply with emission rates to reduce harmful air pollution from the company's secondary lead smelting facility located in Muncie, Indiana, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today. The settlement will resolve claims that the company violated the Clean Air Act by failing to operate the facility in compliance with the National Emission Standards for Hazardous Air Pollutants from Secondary Lead Smelting (Secondary Lead NESHAP), which resulted in the release of excess lead in an area designated by EPA as non-attainment for the National Ambient Air Quality Standard for lead. EPA expects that the actions required by the settlement will reduce harmful emissions of lead, particulate matter (PM), total hydrocarbons (THC), and dioxin/furans (D/F). The company estimates that it will spend over $3,900,000 to implement the required measures. The pollution reductions will be achieved by the installation, upgrade, and operation of state-of-the-art pollution control devices designed to reduce emissions and protect public health. The settlement requires the company to pay a civil penalty of $820,000 to resolve Clean Air Act violations. The settlement requires the company install pollution control technology and implement other measures to reduce lead, PM, THC, and D/F emissions from its Muncie facility. Among other requirements, the company must continue to operate a recently installed baghouse used to comply with building negative pressure requirements at the facility. The company also must conduct a ventilation study to determine if the additional baghouse provides adequate control of fugitive lead emissions at the facility. In addition, the company must install an afterburner to control D/F and THC emissions from its blast and reverberatory furnaces. Lead and PM, the predominant pollutants emitted from secondary lead smelters, have numerous adverse effects on human health. Lead can affect almost every organ in the body, but is most detrimental to the nervous system. In children, low levels of lead in the blood can result in permanent damage to the brain and nervous system, leading to behavior and learning problems, lower IQ, hearing problems, slowed growth, and anemia. In adults, lead has nervous system effects, cardiovascular effects, and causes decreased kidney function. PM exposure contributes to: irritation of the airways, coughing and difficulty breathing, decreased lung function, aggravated asthma, chronic bronchitis, irregular heartbeat, nonfatal heart attacks, and premature death in people with heart or lung disease. Modification CD to change name of owner of Facility to Garfield Facility LLC

Defendants (1)

• EXIDE CORPORATION(GENERAL BATTERY CORP.)Named in complaintNamed in settlement

Facilities (1)

• GARFIELD FACILITY LLC

  2601 W MOUNT PLEASANT BLVD, MUNCIE, IN, 47302

  Registry ID: 110000397712

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 112 — Hazardous Air Pollutants
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (2)

• EXIDE CORPORATION(GENERAL BATTERY CORP.)entered 2020-09-02

  Primary law: CAA

• EXIDE CORPORATION(GENERAL BATTERY CORP.)entered 2015-10-23

  Primary law: CAA

  Federal penalty: $410,000 · State/local: $410,000

Timeline (6 milestones)

• 2013-09-30Referred To Dept Of Justice
• 2013-10-21Enforcement Action Data Entered
• 2014-08-14Supplemental Referral-Other
• 2015-03-16Complaint Filed With Court
• 2020-09-02Final Order Entered
• 2020-09-02Final Order Lodged