TCEQ – Documents Related to Exide Frisco

Below is an ongoing listing of EPA actions and downloadable documents related to the Exide lead smelter in Frisco.

SEPTEMBER 2011

September 13, 2011

TCEQ Takes Formal Enforcement Action Against Frisco Exide Plant Because of Dangerously High Levels of Lead, Cadmium Found During May/June Inspections

From May 6, 2011 to June 29, 2011, the TCEQ DFW Region office conducted four separate investigations at the Frisco Exide Techonologies lead battery recycling plant to evaluate compliance with requirements for Industrial Solid Waste and Municipal Hazardous Waste.

During the inspections, TCEQ officials found dangerously high levels of lead and cadmium – enough to qualify the facility for Superfund site status, according to one expert. In its Sept. 12,  formal Notice of Enforcement for Compliance Evaluation Investigation letter to Exide, the TCEQ listed 12 alleged violations and six concerns, and it noted that additional violations may be forthcoming.

You also can download and read complete copies of the related TCEQ documents below.

Among the numerous alleged violations and concerns – similar to concerns about soil and water contamination raised by the EPA in the Administration Order it levied against Exide in August –  the recent TCEQ inspections found evidence of toxic discharges that raised concerns about adverse affects on downstream waters, such as Lake Lewisville, and the stream beds of Stewart Creek. Below is taken from the TCEQ investigation report:

During the investigation, TCEQ DFW Region staff observed liquid discharging through cracks and seeps in the barrier wall into the environment (Stewart Creek embankment). The cracks and seeps in the barrier wall were observed on the Stewart Creek (south) side of the barrier wall and south of the Slag Treatment building. The analytical sample results of the soil collected at this location detected elevated concetrations of lead (Total = 3,560 mg/kg; TCLP = 2.86 mg/L).

TCEQ DFW Region staff also observed a discharge running down the barrier wall beneath the stormwater pipe that discharged to the stormwater pond. The liquids appeared to be water generated during the street sweeping activities and stormwater. According to the analytical sample results, the soil collected at this location exhibited the toxicity characteristic for lead (Total = 39,800 mg/kg; TCLP =1 27 mg/L) and cadmium (Total = 894; TCLP = 12.2 mg/L).

The discharges are occurring along the banks of Stewart Creek which runs through the facility. These discharges have the potential to adversely affect the downstream waters and stream beds of Stewart Creek.”

You can download and read complete copies of the:

TCEQ Notice of Enforcement Against Frisco Exide Lead Smelter

TCEQ Summary of Investigation Findings Against Frisco Exide Lead Smelter

TCEQ Investigation Report for Frisco Exide Lead Smelter

You can see photos from both the TCEQ and EPA Exide inspection reports of the poorly maintained Frisco Exide lead smelter by clicking here, or just go to the flickr gallery on the right-hand section of this page.

AUGUST 2011

August 17, 2011

TCEQ Fines Exide for Repeated Violations in Effluent Monitoring, Reporting Fluid Toxicity at Frisco Plant

The TCEQ fined Exide’s Frisco plant $32,940 in penalties for reporting violations regarding effluent monitoring and fluid toxicity it discovered during a late October 201o investigation. The TCEQ found 27 violation events at the plant that occurred between March 31, 2009 through June 30, 2010. During the same time period, the Frisco Exide plant was in violation for 562 days, according to the TCEQ Executive Summary/Enforcement Matter/Agreed Order.

Specifically, the TCEQ investigation discovered that Exide failed to submit effluent monitoring results at intervals specified in its permit for monthly discharge monitoring  from-March 31 2009 through Aug. 31, 2010. It also failed to provide whole fluid toxicity testing reports for quarterly monitoring periods ending March 31, June 30, Sept. 30 and Dec. 31, 2009, and March 31, and June 30, 2010. Exide also didn’t provide whole fluid toxicity testing reports for the semi-annual periods ending June 30 and Dec. 31, 2009, and June 30, 2010.

TCEQ ordered Exide to pay the penalty fine and to correct its reporting procedures.

You can download and read the full TCEQ Enforcement Matter/Agreed Order by clicking on the link below:

 TCEQ Enforcement Matter Against Exide for Reporting Violations

 

August 8, 2011

EPA Rejects TCEQ Plan for Exide

Guy Donaldson, chief of the Air Planning Section for Section 6 of the Environmental Protection Agency, has notified the TCEQ that the EPA has rejected the agency’s proposed SIP (State Implementation Plan) for Exide, citing that “the SIP as currently constructed is not approvable.” He continued, “The SIP must include enforceable limitations to achieve the emission projections in the model.”

Download the entire EPA letter and comments below:

EPA Rejection, Comments on TCEQ Plan for Exide Lead in Frisco