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Oregon

Department of Environmental Quality


Agency Headquarters

811 SWSbcth Avenue


Kate Brown/ Governor Portland/ OR 97204-1390

(503) 229-5696
FAX (503) 229-6124
TTY711

March 8, 2016
Sent via email and U.S. Mail

Jeff Hunter
Perkms Coie, LLP
1120 NW Couch Street, 10th Floor
Portland, OR 97209-4128

Dear Mr. Hunter:

Thank you for working with DEQ staff regarding Bullseye Glass Co.'s (Bullseye's) operations,
use of metals in its glass making processes, and air emissions that result from those operations

and processes. The Department of Environmental Quality (DEQ) appreciates the interim
voluntary steps that Bullseye has taken to cease use ofarsenic, cadmium, and all chi'omium

while considering an agreement to specify conditions under which DEQ would agree that the
company's continued operations are appropriately protective of human health and the
environment during an interim period while Bullseye works to install effective emissions control
equipment designed to provide a long-term means to prevent significant air toxics emissions

from its facility.


Bullseye has expressed a strong interest m resuming the use oftrivalent chromium in its
operations before emissions controls are installed. As you are aware, however, DEQ staff and
EPA glass manufacturing process experts are concerned that some portion of the trivalent
chromium used m Bullseye's processes may convert to hexavalent chromium under high
temperature and may be included in air emissions from the facility. DEQ is not currently
prepared to concur in the use of trivalent chromium prior to the installation of emissions controls
unless certain conditions are met in order to understand the extent of conversion and the resulting

implications for public health.


DEQ now can concur with Bullseye's use oftrivalent chromium prior to installation of emissions
control equipment only ifil is demonstrated that the use oftrivalent cb-omium will not result in
emissions ofhexavalent chromium that presents significant health or environmental risks. This
can be done by carrying out the following steps:

First, performing a source test as specified below:


Test using DEQ approved protocols and methods for hexavalent and total chromium and

submit a source test plan detailing the approach to DEQ for approval;
Test while making a glass that contains trivalent chromium, and under operational
conditions that are agreed to by DEQ as representing conditions most likely to result m
the conversion oftrivalent chromium to hexavalent chromium;
Keep records of the amount of chromium III used in the batches that are produced during
the source test runs, as well as other operational parameters identified in the source test

plan; and
Prior to the source test, clean the furnace stack in a manner that has been approved by

DEQ and complies with applicable OSHA standards or replace the furnace stack to be
tested.

Second, performing dispersion modeling to determine the ambient concentrations ofBullseye's


air emissions at nearby and adjacent receptors as follows:

Submit a modeling protocol for approval by DEQ;


Use the maximum chromium VI emission rate;
Determine the impact at receptors approved by DEQ; and
Establish a maximum chromium III usage so as not to exceed the reduce use level in the
agreement.

Third, keeping daily records of all batches produced and providing to DEQ, each week, the daily
amount ofDEQ monitored metals used.
IfBullseye agrees to these terms, the above provisions will be incorporated into the agreement
that we have been developing to address concerns with air emissions from the Bullseye facility.

DEQ will continue to operate its ambient air quality monitors now located in the vicinity of
Bullseye^s facility to assure that air quality is safe for public health and the environment. If
Bullseye elects to operate using trivalent chromium without an agreement with DEQ as

described above, DEQ is prepared to take appropriate action in the event that monitoring
indicates emissions of hexavalent chromium at levels that present a significant risk to public

health or the environment. In addition, DEQ expects that Bullseye will continue to honor its
commitment to not use cadmium, arsenic or hexavalent chromium until appropriate emissions
controls are installed. Finally, Bullseye also should be aware that DEQ will recommend to the

Environmental Quality Commission that it adopt temporary rules m the near future that will
confirm requirements for air emissions controls for certain glass manufacturers currently
operating uncontrolled furnaces. It is expected that these requirements will apply to Bullseye

and similarly situated facilities where uncontrolled emissions may result in ambient air quality
that presents an unacceptable risk to public health or the environment.

Bullseye Glass has worked cooperatively with DEQ and other public agencies to address
concerns with its air emissions. We are similarly committed to identifying how Bullseye can
continue to operate in a manner that is protective while permanent emissions controls are put in
place. Please let us know how Bullseye intends to proceed.
Sincerely,

t^
fl-i-'Hammond

Deputy Director

ec: Daniel Schwoerer, Bullseye Glass Co.


Lymie Saxton, Oregon Health Authority
Gabriela Goldfarb, Office of Governor Kate Brown
Deborah Kafoury, Multnomah County

Charlie Hales, City of Portland

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