The South Coast Air Quality Management District Hearing Board is an independent, quasi-judicial panel authorized to adjudicate District requests for orders for abatement, as well as facility requests for variances and challenges related to the issuance of permits.
UPDATE -- Currently, the General Counsel’s Office of the SCAQMD is representing the Executive Officer in the following matters concerning Exide:
- Order for Abatement (Case No. 3151-32): In this case, the District alleged Exide’s maintenance and construction activities resulted in Exide discharging into the atmosphere emissions which contribute to ambient concentrations of lead that exceed 0.150 µg/m³ averaged over 30 days, which is a violation of District Rule 1420.1.
- On July 10, 2014, the Hearing Board issued an Order (PDF, 1.1MB) requiring Exide to comply with strict dust control measures during construction and maintenance activities. These measures are designed to prevent lead-containing dust from traveling off-site.
- On January 13, 2015, the Hearing Board issued an Order (PDF, 1.53MB) modifying this Order for Abatement by incorporating the revised Mitigation Plan for Construction of Risk Reduction Measures, RCRA RFI Sampling, and Other Plant Activities (dated September 9, 2014) and by extending jurisdiction over Exide until December 31, 2015.
- On February 6, 2016, the Hearing Board further modified the Order by extending its jurisdiction over Exide until December 15, 2016.
On Wednesday, December 7, 2016, the Hearing Board will consider an extension of the above mentioned Maintenance Order for Abatement until September 29, 2017. The extension would keep in place the following essential terms as agreed upon by the South Coast Air Quality Management District and Exide Technologies to ensure:
- All Exide work that is expected to generate fugitive emissions would be conducted under an SCAQMD-approved mitigation plan.
- All Exide work necessitating a SCAQMD-approved mitigation plan would be conducted under both SCAQMD oversight and the oversight of a third-party monitor.
- The third-party monitor will continue to prepare weekly reports, and Exide will continue to provide regular status reports to the Hearing Board.
Below are related documents:
Hearing Date and Time: Wednesday, December 7, 2016 at 1:00 p.m. (New Time)
Location: SCAQMD Hearing Board Room, 21865 Copley Drive, Diamond Bar, CA 91765
Live Webcast: http://www.aqmd.gov/home/library/webcasts
For more information, please contact the Public Advisor at 909-396-2432 or by email at PublicAdvisor@aqmd.gov.
Past Hearing Board actions include:
- Order for Abatement (Case No. 3151-29): On July 10, 2014, the Hearing Board issued an Order (PDF, 9.7MB) requiring Exide to remain shut down pending instillation of upgrades to its air pollution control systems. On April 7, 2015, Exide notified the District of its intent to permanently close the facility. Based on this decision, on June 2, 2015, the Hearing Board found good cause to terminate this Order for Abatement.
- Variance Petition (Case No. 3151-33): On July 24, 2014, Exide filed a regular Variance Petition requesting the Hearing Board grant it an extension to complete a second source test required by Rule 1420.1. On August 28, 2014, the District’s Hearing Board granted Exide’s regular Variance Petition. Exide is now required to comply with the source test requirement in Rule 1420.1 by July 31, 2015.
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