Department of Toxic Substances Control

Maziar Movassaghi
Linda S. Adams Arnold Schwarzenegger
Secretary for
Acting Director
Governor
Environmental Protection 9211 Oakdale Avenue
Chatsworth, California 91311

CERTIFIED MAIL

June 14, 2010

Mr. Ed Mopas
Environmental Manager
Exide Technologies
2700 South Indiana Street
Los Angeles, California 90023

Dear Mr. Mopas:

On April 13, 15, 22, and 28, 2010, the California Environmental Protection Agency,
Department of Toxic Substances Control (DTSC), conducted a Compliance Evaluation
Inspection of Exide Technologies located at 2700 South Indiana Street, Los Angeles,
California 90023. EPA ID Number CAD097854541. The enclosed report describes the
findings of this inspection.

However, subsequent to the inspection, additional violations were found. Therefore, as

stated in the Summary of Violations issued to you on April 28, 2010, additional
violations may be found after the site visit, and these will be identified in the Violation
---sectlonof tlTeins-pectiontepoft.----------·---------·------------·---

You are required by section 25183 (c) (3) of the Health and Safety Code to submit a
written response to the Department within 30 days describing the corrective actions that
you have taken or propose to take to bring your company into compliance. If you
dispute the violation, you should explain your disagreement in this written response.

The issuance of this letter and report does not preclude the Department from taking
administrative, civil or criminal action as a result of the violation noted in the report. All
pertinent information derived from the inspection, including documents and photographs
are included as attachments to the report. The report will become a public document.
Mr. Ed Mopas
Exide Technologies
June 10, 2010
Page 2 of 2

You may request that any trade secret or facility security information be withheld from
public disclosure. (See Health and Safety Code Section 25173)

If you wish to assert the trade secret privilege, please provide DTSC specific written
answers to each of the following questions with 10 days of receipt of the inspection
report.

• To what extent is there knowledge of the information conveyed by the

photograph/document outside of your business?
• To what extent is there knowledge of the information conveyed by the
photograph/document, by employees and others in your business?
• To what extent have measures been taken to guard the secrecy of the
information?
• Is the information valuable to competitors? If so, why?
• Has there been sUbstantial monetary expenditure in the development of the
information?
• Could the information be easily and properly acquired or duplicated by others?

DTSC will review your response to these questions to determine if the information
should be treated as trade secret and will notify you of its decision.

If you have any questions regarding this letter, or if you wish to meet with the
Department to discuss any questions or concerns you have with the inspection, the
report,the violations, or the proposed corrective action, please contact me at
(818) 717-6668 or Ruth Williams-Morehead at (818) 717-6578.

Sincerely, ~.~-

u Agarwal
Supervising Sen or Hazardous ubstances Scientist
Enforcement and Emergency Response Program
Chatsworth Office

Enclosures

Certified Mail No.7008 1830 0003 5238 6389

Return Receipt Requested
 INSPECTION REPORT

I. GENERAL INFORMATION:

Company Name: Exide Technologies, Inc,

Facility Address: 2700 South Indiana Avenue

Los Angeles, California 90023

Telephone Number: (323) 262-1101 ext. 259

EPA 10 Number: CAD097854541

Registration Number: 2157

Facility Type: RCRA Hazardous Waste Treatment Facility

Regulated Units: The facility is currently operating under an ISO for the
Storm Water Retention Pond, the Reverberatory and
Blast smelting furnaces, the Waste Water Treatment
Plant and six Spent Lead-Acid Battery and Lead Waste
Storage areas,

Waste Streams: Lead acid batteries and other lead bearing waste,
polypropylene waste, furnace slag, rubber and plastic
casing material, lead and acid contaminated waste
water, filter cake sludge, lead contaminated wipes,
rags and trash, etc,

Dates of Inspection: Ruth Williams-Morehead, HSS - 4/13, 15, 22, and 28,
2010
.... ---MicnaEWFIaynes, AirQualifyTnspectclf;-South CoastAir'-
Quality Management District - 4/13/2010
Brian Wu, HSS - 4/13, 15,22, and 28, 2010

Type of Inspection: CEI XX CME - O&M _ Focused

Limited _ Transporter

Facility Rep,: Ed Mopas, Environmental Manager

Ken Copeland, Plant Manager
 Galindo Felix, Waste Water Treatment
Unit Supervisor
Vianey Mendez, Health and Safety Manager
Andy Enriques, Environmental Administrative Assistant.

Type of Business: Exide Technologies, Inc, is a secondary lead smelter

that recovers lead by smelting lead from spent lead acid
batteries, lead bearing materials and hazardous waste,
The recycled lead is sold and reused in. manufacturing
new batteries,

II. CONSENT:

Consent to conduct an inspection that involves: taking photographs, reviewing and

copying records, questioning personnel and inspecting hazardous waste handling
areas,

Consent given by: Ed Mopas, Environmental Manager,

On April 22, 2010, Ed Mopas was not at the facility, but gave me consent to conduct
the inspection when I contacted him by telephone to inform him that I had returned
to the facility to continue the inspection, We conducted the inspection with Vianey
Mendez, Health and Safety Manager and Andy Enriques, Environmental
Administrative Assistant.

III. DOCUMENTS REVIEWED:

a. Manifests, Bills of Lading, LOR's, Exception Reports:

During the inspection of the Manifest, no violations were found,

b, Contingency Plan:

. -DUFingtmnnspecticfn-6ftne-C6ntingencypran, 1'10 violatianswere faDna,

c. Training Plan and Records:

The facility has all the elements for a good training plan; however it needs to
be reorganized to better document that personnel that are directly
responsible for handling hazardous waste are trained on hazardous waste
requirements that are directly related to their job descriptions,

d. Incident Report:
 No incidents have occurred since the last inspection.

e. Waste Analysis Plan and Records:

During the inspection of the Waste Analysis Plan, no violations were found.

f. Operating Log:

During the inspection of the Operating Log, no violations were found.

g. Inspection Records:

The inspection logs for the tanks, sumps, and the waste water treatment plant
had only one word to describe the area for which the equipment is being
inspected. Also the logs did not have the time of the inspection.

h. Tiered Permitting Applications and Authorization Letters:

N/A

i. Annual/Biennial Reports:

The facility filed the Annual Report for 2009.

j SB 14 Plans:

N/A

k. Closure Cost Estimates and Updates:

No violations cited.

I. Part A: An application was filed in 1981 by Gould, Inc. former owner of

GNB. Exide purchased GNB in 2000, but the facility has never been issued
'-aHazardous WasteFadlity PermTfExide is -currentlyoperating-undeTEln
Interim Status Document.

m. Part B: Part B application is under review by the Southern California

Permitting and Corrective Action Division.

n. POTW Compliance Data:

The facility has a perrnit to discharge treated wastewater into the Los
Angeles County Sanitation District.
 o. Tank and/or Containment Certifications:

During the walk-through of the facility, I did not observe any violations
associated with the tank system.

p. Air Board Permits:

Several of the facility's hazardous waste management units are equipped

with Air Monitoring Control Devices. All permits for these devices are
current.

q. Variances:

The facility does not have any variances.

r. Recycling Records:

N/A

s. Other:

N/A

IV. NARRATIVE OF OBSERVATIONSIDISCUSSION WITH OPERATOR:

On April 13, 2010, I, Ruth Williams-Morehead and Brian Wu, conducted a

Comprehensive Evaluation Inspection at Exide Technologies. We met with Mr. Ed
Mopas, Environmental Manager and Mr. Ken Copeland, Plant Manager. We were
also joined by Michael Haynes from the South Coast Air Quality Management
District. Mr. Mopas gave us permission to conduct the inspection. I asked Mr.
Mopas and Mr. Copeland if the there had been any changes in the hazardous waste
management operation since my last inspection. They both stated that the
operation has not changed, but to meet compliance with the Southcoast Air Quality
Management District's Proposed Rule 1420.1, they plan to enclose the RMPS,
Battery Wrecker, Truck Wash area, Rotary Kiln and the hoods that pick up acid mist
Uiafls senno thescru5Eer.-- ------ - - --------- - - -- ------- -------

They also stated that they re-asphalted a portion of the facility to create better
house keeping.

I asked them if the Storm Water Retention Pond (Pond) contained hazardous waste
water or sludge, and they both stated yes, and that they would probably start
cleaning out the pond in Mayor June.

I asked them what is the capacity of the Pond and I was told that the Pond has a
capacity of 3.3 - 3.6 million gallons. I told them that I spoke to some one at the Los
 Angeles Sanitation District and based on the information they gave me, I calculated
that Exide can discharge a maximum of 424,000 gallons of treated water into the
sewer each day. Mr. Copeland stated that they only pump between 80-100 gallons
of water a day from the pond to the waste water treatment plant. He stated that the
amount of water they remove from the pond depends on "how hard they are running
the smelting unit". He stated that the lead recycling operation interrupts the amount
of water they can remove from the Pond and discharge into the sewer. Mr.
Copeland stated that the water in the Pond never exceeds 2.5 million gallons of
water.

I told Mr. Copeland that during past inspections I noticed that the Pond always
contains sludge. I told him that I thought the Dropout Boxes were installed to filter
out the sediment before it entered into the Pond. He stated that all of the water
generated in the plant is sent to a 2,000 gallon centralized sump, and is pumped
from the sump into the Dropout boxes. He said that the four Dropout Boxes, which
are 9,000 gallons each, are designed to settle out dirt and rocks but not lead,
although a small amount of lead is settled out.

We concluded the opening interview, and I asked to conduct a walk-through and

inspection of the facility's hazardous waste management units. I, Brian Wu, and
Michael Haynes, conducted the walk of the hazardous waste management units
listed below, and were accompanied by Mr. Copeland, Mr. Mopas, and Mr. Galindo
Felix, Waste Water Treatment Unit Supervisor.

Trailer Staging Area:

This area is used to store incoming and outgoing trailers that contain hazardous
waste. The incoming trailers usually consist of lead acid batteries and other lead
bearing waste that will be recycled at the facility. The outgoing trailers usually
contain lead contaminated plastic that is generated by the facility from crushing lead
acid batteries during the recycling process. The plastic is sent to KW Plastics in
Bakersfield, California for disposal.

During the walk-through of the area I noticed that several forty foot trailers were
staged in the area. The trailers contained hazardous waste plastic and spent lead
.... acidbatteries.-"fheirailerswhich-contained the lead-acid-batteries-were-marked-with-·
the date the batteries arrived at the facility. The dates on the labels did not exceed
ten days.

The trailers that contained hazardous waste plastic were marked with hazardous
waste labels that contained th.e start date of accumulation and the other appropriate
information. The dates on the labels did not exceed 10 days.

I also observed that the trailers were closed and I did not notice any leaks or spills
coming from the trailers.
Waste Water Treatment Plant:

The waste water treatment plant treats hazardous waste water that is
contaminated with spent battery acid, lead and other heavy metals. The waste
water is generated from the facility's smelting operation, the wash down of the
facility, and from rainwater water that is collected in the Storm Water Retention
Pond.

During the walk-through of the waste water treatment plant I did not observe any
violations. I need not observe any leaks coming from the treatment tanks, or tank
accessories. The coating covering the floor of the secondary containment, and the
floor and the wall that comprise the secondary containment were found intact.

Storm Water Retention Pond:

The Storm Water Retention Pond (photos 1-4) is used to collect rainwater, and
hazardous waste water generated from washing down the facility. The Storm Water
Retention Pond also receives hazardous waste water from four 9,000 gallon
Dropout Boxes (photos 5-7). Hazardous waste water is collected in a centralized
sump and pumped into the Dropout Boxes to filter out dirt and rock from the
hazardous waste water. The filtered water is pumped from the Dropout Boxes into
Storm Water Retention Pond.

During the walkthrough, the Retention pond contained liquid and I also observed
sludge on the bottom of the pond.

Battery Storage Area - Bins 103-108:

Numerous pallets of batteries and drums of lead shot were stored in bins 103-108
(photos 8-16). Each pallet of batteries was marked with a label that contained the
date of receipt at the facility. The batteries were intact and I did not observe any
leaks or spills. The pallets are wrapped in plastic to enclose the batteries and to
keep the pallets intact, and I did not observe that each battery was placed into an
individual plastic bag. No violations were observed.

The fumaces recover lead from a material that is generated from crushing the
batteries called battery wrecker material. The plastic is separated from the battery
wrecker material before it is stored in the containment building. The material is fed
into the reverberatory furnace to recover the lead. Primary slag is generated from
smelting the battery wrecker material in the Reverberatory Furnace. The primary
slag contains a high percentage of lead and the slag is placed into the Blast
Furnace to recover lead from the slag. A secondary slag is generated from the
Blast Furnace, which is exhausted of much of its lead content and is sent off-site for
disposal.
 I observed that the Containment Building which houses the battery wrecker
material, primary slag, and the Reverberatory and Blast furnaces is intact and under
negative pressure.

West Yard:

The facility is prohibited from storing hazardous waste in the West Yard. The facility
uses the west yard to store equipment. During the walk-through I observed that
there were only empty trailers and equipment stored on the West Yard.

After we finished the walk-through of the West Yard, I concluded the inspection for
the day.

Record Review

I, Ruth Williams-Morehead and Brian Wu returned to the facility on April 15,22,

and 28, 2010 to conduct the record review. Mr. Mopas gave us consent on all
three days to continue the inspection. However on April 22, 2010, Mr. Mopas
was not at the facility during the inspection, and when I notified him via
telephone that I had returned to the facility to continue the record review he
gave me consent to continue the inspection. During the record review only one
violation was found. The daily inspection logs for the hazardous waste tanks
and sumps did not have the time of the inspection, and the logs did not identify
the problems that are looked for during an inspection.

V. SUMMARY OF VIOLATIONS:

Additional Violations:

1. Health and Safety Code Section 25202

Exide violated Health and Safety Code section 25202, in that on or about April 13,
2010, the facility illegally stored hazardous waste lead contaminated sludge in an
unauthorized unit, to wit: During the facility walk-through of the facility, I observed
hazardous waste sludge and water stored in the Storm Water Retention Pond.

Corrective Action: Effective immediately Exide shall cease from

illegally storing hazardous waste in the Storm Water Retention Pond.

2. California Code of Regulations, title 22, section 66265.193 subdivision c (4) and
Consent Order HWCA 97/98-3021

Exide violated California Code of Regulations, title 22, section 66265.193

subdivision c (4) and Consent Order HWCA 97/98-3021, in that on or about
April 13, 2010, the facility failed to remove sludge and precipitation from
the Storm Water Retention Pond within 24 hours or in as timely a manner as
 possible, to wit: During the April 13.2010 CEI, the Storm Water Retention Pond
contained hazardous sludge and water.

Corrective Action: Effective immediately Exide shall remove hazardous waste

sludge and precipitation from the Storm Water Retention Pond within 24 hours or in
as timely a manner as possible.

Violation Cited in the Summary of Violations issued on April 28, 2010:

Title 22, California Code of Regulations (CCR), section 66265.15 b (3) and d

Exide violated Title22, CCR, section 66265.15 b(3) and d, in that on or about April
22, 2010, the facility did not completely identify the types of problems that are
looked for during an inspection, and the inspection logs did not have the time of the
inspection, to wit: on the Daily Inspection Logs for Tanks, Sumps and the new
WWT, there is only one word to describe the area of the equipment that is being
inspected, which does not identify the problems that are looked for when the
equipment is being inspected.

Corrective Action: Within 30 days of the inspection, Exide shall revise the
inspection log and provide a more complete description of the area of the
equipment that is being inspected and identify the problems that are looked for
during an inspection. Exide shall also place on the inspection logs the time of the
inspection.

VI. EXIT INTERVIEW:

After we completed the record review, we concluded the inspection, and I issued the
facility a Summary of Violations. I cited the facility for one minor violation and we
discussed the area of concern that was mentioned in the Summary of Violations.
At the end of our discussion, we concluded the inspection and exited the facility at
the end of our discussion.

VII. ATT ACHEMNTS:

1. Photos, 1-16

~
j,M..e .~ I[

Ruth Williams-Morehead
0)4ao1
Date
D
 Exide Technologies
04/13/201

The Storm Water Retention Pond contains hazardous waste sludge and 1
Water. The hazardous waste water in the pond is low.
 Exide Technologies
04/13/2010

The Storm Water Retention Pond contains hazardous waste sludge and
Water. The hazardous waste water in the pond is low. 2
Exide Technologies

3
 Exide Technologies
04/13/
...,.,."" .. ~
-'

The Storm Water Retention Pond contains hazardous waste sludge and
Water. The hazardous waste water in the pond is low. . 4
 Exide Technologies

Photo of the four Dropout Boxes. The Dropout Boxes are 9,000 gallons each.
Hazardous Waste Water is collected in a centralized sump and pumped into the
I

Dropout Boxes; and pumped from the Dropout Boxes into Storm Water 5
Retention Pond.
 the four Dropout Boxes. The Dropout Boxes are ~,OOO gallons each.
Hazardous Waste Water is collected in a centralized sump! and pumped into the
Dropout Boxes; and pumped from the Dropout Boxes into Storm Water 6
Retention Pond.
 Exide Technologies

Photo of the four Dropout Boxes. The Dropout Boxes are 9,000 gallons each.
Hazardous Waste Water is collected in a centralized sump and pumped into the
Dropout Boxes; and pumped from the Dropout Boxes into Storm Water 7
Retention Pond.
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 Exide Technologies
04/13/2010

Lead shot bought by Exide. The lead shot will be recvcled 10

Pallets of batteries are wrapped in plastic; not each irldividual battery. 11
 Exide Technologies
201

Pallets of batteries are wrapped in plastic; not each individual battery. 12

 Exide Technologies
201

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I 13
 Exide Technologies !

04/13/2010

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 Exide Technologies
13

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 Exide Technologies
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! 16
 Department of Toxic Substances Control
Maziar Movassaghi, Acting Director
linda S. Adams 9211 Oakdale Avenue Arnold Schwarzenegger
secretary for Chatsworth California 91311 Governor

·Envl,onmental Protection 1 . - 1_ _S_U_M_M_A_R_Y_O_F_V_I_O_L_A_T_IO_N_S

__ ---!

On April 13, 15,22, and 28,2010, the Department of Toxic Substances Control
(DTSC), California Environmental Protection Agency, conducted an inspection at:

Facility Name: Exide Technologies

Facility Address: 2700 .Indiana Street.. Los Angeles, California 90023

EPA 10 Number: CAD 097854541 County: Los Angeles

As a result of this inspection, violations of hazardous waste laws, regulations, and

requirements listed on the attached pages were discovered. All violations must be corrected;
the actions you must take to correct the violations are listed with each violation. If you
disagree with any of the violations or proposed corrective actions listed in this Summary of
Violations, you should inform DTSC. Additional violations may be found after the site visit,
and these will be identified in the Violation section of the inspection report.

DlSC will provide you a complete inspection report within 65 days of the date of this
inspection. You may request a meeting with DTSC to discuss the inspection, inspection
report, or the Summary of Violations. The issuance of this Summary of Violations does not
preclude DTSC from taking administrative, civil, or criminal action as a result of the violations
noted in the Summary of Violations or violations that have not been corrected within the time
provided. A false statement that compliance has been achieved is a violation of the law and
punishable by a fine of not less than $2,000 or more than $25,000 for each occurrence.
DTSC many re-inspect this facility at any time.

Company Representative Accepting Summary DTSC Representative

---------

Signature 4;iL~~9d..--_ _

Title Hazardous Substance Scientist

Date Date Al2ril 28, 2010

7 (
 Department of Toxic Substances Control
9211 Oakdale Avenue
Chatsworth, California 91311

SUMMARY OF VIOLATIONS
Facility Name: Exide Technologies Date: April 28, 2010

SECTION II: MINOR VIOLATIONS I NOTICE TO COMPLY

(Minor Violations not corrected at the time of the inspection)
You must correct the following violation(s) within the specified time frame for each violation.
Within five working days of achieving compliance, you are required to sign the certification
below, and return it to DTSC at the above address.

1. Title 22, California Code of Regulations (CCR), section 66265.15 b(3) and d

Exide Technologies violated Title 22, CCR, section 66265.15 b(3) and d , in that on or
about April 22, 2010, the facility did not completely identify the types of problems that
are looked during an inspection and the inspection logs did not have the time of the
inspection, to wit; on the Daily Inspection log for Tanks, Sumps and new WWT, there is
only a word to describe the equipment that you are inspecting, but it does identify the
problems that are looked for when you are inspecting the equipment.

I certify under penalty of law that the corrective actions listed in SECTION II of this
document have been taken and the violations have been corrected. I am aware that there
are significant penalties for submitting false information.
Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date _ _ _ _ __

Name _ _ _ _ _ _ _ _ _ _ _ _ Title _ _ _ _ _ _ _ _ _ _ _ __
 Department of Toxic Substances Control
9211 Oakdale Avenue
Chatsworth, California 91311

SUMMARY OF VIOLATIONS
Facility Name: Exide Technologies Date: April 28, 2010

SECTION IV: OTHER ISSUES/CONCERNS

The following issues/concernswere identified during this inspection. Further research may
identify additional violations. Any new violations, with the required corrective action and
compliance schedule, will be identified in the Violation section of the inspection report.

The facility has all the elements for a good training plan; however it needs to be reorganized
to better document that personnel that are directly responsible for handling hazardous waste
are trained on hazardous waste requirements that are directly linked to their job descriptions.