Bullseye 3.1.16 DRAFT

1. Bullseye Glass Co. (Bullseye) owns and operates a glass manufacturing facility located at 3722 SE 21^st Avenue, Portland, Oregon, 97202 (the Facility).

2. The Facility commenced operations in 1976. The Facility currently employs approximately 140 people.

3. Typically, the Facility uses the following elements in the production of glass at the Facility: arsenic, cadmium, chromium III, chromium VI, lead, manganese, cobalt and nickel.

4. In January, 2016, DEQ identified the facility as a suspected source of elevated levels of cadmium and arsenic within a short distance of the Facility.

5. On [DATE], DEQ requested that Bullseye cease use of arsenic, cadmium and chromium as raw materials in its production of glass at the Facility.

6. On [DATE], Bullseye agreed to cease and did cease use of arsenic, cadmium and chromium at its Facility and has continued to operate without the use of arsenic, cadmium and chromium as of the date of this executed agreement.

8. DEQ and Bullseye enter into this agreement with the intention of protecting public health and the environment during an interim period prior to the development of new air toxics emissions regulations. Provided that Bullseye complies with the provisions of this agreement, DEQ agrees not to take further enforcement action at this time related to Bullseye’s emissions of metals in Table 1.

9. This agreement is not intended to limit, in any way, DEQ's right to proceed against Bullseye in any forum for any past or future violations not expressly addressed herein.

10. By entering into this agreement, Bullseye neither admits nor denies the allegations related to or arising from any of the matters in this agreement.

11. For the purpose of this agreement, the following terms will have the given meanings:

a. “Chromium III” means chromium in the +3 oxidation state, also known as trivalent chromium;

b. “Chromium VI” means chromium in the +6 oxidation state, also known as hexavalent chromium;

c. “Chromium”, without a following roman numeral, means chromium in any oxidation state; and

12. No later than September 1, 2016, Bullseye must install one or more baghouses to control all furnaces that are intended to use cadmium, chromium or lead.

13. Bullseye must not use cadmium or chromium VI in any glass-making furnace that is not controlled by a baghouse approved by DEQ.

a. This limitation applies to all furnaces that are not controlled by a baghouse approved by DEQ;

b. In any calendar week, Bullseye must use no more than the listed Maximum Weekly Usage for that metal;

c. This limitation applies to the total usage of that metal in all glass-making furnaces that are not controlled by a baghouse approved by DEQ; and

d. This limitation applies to the amount of the metal itself, not the weight of the compounds that contain the metal.

e. Bullseye must reduce or cease use of the Metals Used as provided in paragraph 6.

15. There are no restrictions on the raw materials that may be used in a glass-making furnace that is controlled by a baghouse approved by DEQ.

Metal	Reduce Use Level (ng/m³)	Stop Use Level (ng/m³)	Maximum Weekly Usage, pounds per week	Reduction Step 1, pounds per week	Reduction Step 2, pounds per week	Reduction Step 3, pounds per week
Chromium III	1.6	3.2
Lead	150	150
Cobalt	2,000	4,000
Nickel	40	80
Manganese

Reduce Use Level = 20 x DEQ Ambient Benchmarks Concentration except lead, which is the National Ambient Air Quality Standard

Stop Use Level = 40 x DEQ Ambient Benchmarks Concentration except lead, which is the National Ambient Air Quality Standard

In the range of 20-50 times benchmarks for these pollutants is lower than any acute health levels, therefore acceptable to OHA as protective action levels.

16. Prior to installation of all baghouses required in paragraph XX, in the event that bi-weekly averages of ambient monitoring data exceed an Action Level listed in Table 1, Bullseye must reduce or stop usage of each metal for which an Action Level was exceeded as specified below:

i. The term “monitored level” means the bi-weekly average of the ambient monitoring data of the metals listed in Table 1, based on the most recent two weeks of monitoring that pertains to the Bullseye’s location; and

b. The requirements in this paragraph apply to each metal listed in Table 1 on an individual metal basis. A requirement to reduce or stop usage of one metal does not apply to the other metals; however, the requirement to reduce or stop usage may apply individually to multiple metals.

i. If the monitored level of any of the metals in Table 1 exceeds the Reduce Use Level, Bullseye must reduce the use of the identified metal in uncontrolled furnaces to Reduction Step 1 upon being notified to do so by DEQ. The requirement to reduce usage applies to the calendar week following the calendar week in which notification was given.

ii. If a second consecutive monitored level of any of the metals in Table 1 exceeds the Reduce Use Level, Bullseye must reduce the use of the identified metal in uncontrolled furnaces to Reduction Step 2 upon being notified to do so by DEQ. The requirement to reduce usage applies to the calendar week following the calendar week in which notification was given.

iii. If a third consecutive monitored level of any of the metals in Table 1 exceeds the Reduce Use Level, Bullseye must reduce the use of the identified metal in uncontrolled furnaces to Reduction Step 3 upon being notified to do so by DEQ. The requirement to reduce usage applies to the calendar week following the calendar week in which notification was given and all following calendar weeks until DEQ provides notification that the monitored level is again below the Reduce Use Level per subparagraph (X).

iv. If the monitored level of any of the metals in Table 1 exceeds the Stop Use Level, Bullseye must stop using the identified metal in uncontrolled furnaces upon being notified to do so by DEQ. The requirement to stop usage applies to the calendar week following the calendar week in which notification was given and all following calendar weeks until DEQ provides notification that the monitored level is again below the Reduce Use Level per subparagraph (X). In the event that DEQ requires Bullseye to stop using a metal three times pursuant to this subparagraph, Bullseye must stop using the metal in uncontrolled furnaces.

v. Following any requirement to reduce or stop usage of a metal, Bullseye may resume usage of that metal at the Maximum Weekly Usage level of that metal after DEQ provides notification that the monitored level of that metal is again below the Reduce Use Level. Bullseye may resume usage in the calendar week following the calendar week in which notification is given and all following calendar weeks until Bullseye is required to reduce or stop usage again.

vi. Bi-weekly averages will be calculated using the most appropriate ambient monitoring data that pertains to the Bullseye’s location, and will be calculated as a rolling two-calendar week average.

b. Bullseye must submit a Notice of Intent to Construct in accordance with OAR 340-210-0205 through 340-210-0250 no later than 15 days prior to the date installation begins. If DEQ does not deny or approve the Notice of Intent to Construct within 10 days of receipt of the Notice, the Notice will be deemed to be approved.

i. A differential pressure gauge to monitor pressure drop across the baghouse, and

e. Each baghouse must be equipped with inlet ducting that provides the following:

i. Sufficient cooling of exhaust gases to no more than the maximum design inlet temperature under worst-case conditions; and

ii. Provision for inlet emissions testing, including sufficient duct diameter, sample ports, undisturbed flow conditions, and access for testing.

f. Each baghouse must be equipped with outlet ducting that provides for outlet emissions testing, including sufficient duct diameter, sample ports, undisturbed flow conditions, and access for testing.

g. After commencing operation of any baghouse, Bullseye must observe and record the following at least once per day of operation for each baghouse:

iii. If multiple furnaces are controlled by a baghouse, the number of furnaces in operation at the time observations are made.

h. Bullseye must perform the following source testing on one baghouse controlled furnace within 60 days of commencing operation of the baghouse to demonstrate at least 99% removal efficiency and complies with the emission limits in Table 1 of 40 CFR Part 63 Subpart SSSSSS:

i. Test baghouse inlet and baghouse outlet for particulate matter using DEQ Method 5;

ii. A source test plan must be submitted at least 30 days before conducting the source test; and

iii. The source test plan must be approved by DEQ before conducting the source test.

iv. If results of the source test show emission levels at or exceeding the action level in the table above, DEQ reserves the right to require production reductions as detailed in the table above.

Metal	Reduce Use Level (ng/m³)	Stop Use Level (ng/m³)	Reduction Step 1	Reduction Step 2	Reduction Step 3
Arsenic	4	8	80% of the amount used in the previous week	60% of the amount used in the previous week	40% of the amount used in the previous week
Chromium III	1.6	3.2
Lead	150	150
Cobalt	2,000	4,000
Nickel	40	80
Manganese
Cadmium

Reduce Use Level = 20 x DEQ Ambient Benchmarks Concentration except lead, which is the National Ambient Air Quality Standard

Stop Use Level = 40 x DEQ Ambient Benchmarks Concentration except lead, which is the National Ambient Air Quality Standard

In the range of 20-50 times benchmarks for these pollutants is lower than any acute health levels, therefore acceptable to OHA as protective action levels.

18. On and after the date that all baghouses required by paragraph XX begin operating:

a. In the event that bi-weekly averages of ambient monitoring data exceed an Action Level listed in Table 2, Bullseye must reduce or stop usage of each metal for which an Action Level was exceeded as specified below:

a. The term “monitored level” means the bi-weekly average of the ambient monitoring data of the metals listed in Table 2, based on the most recent two weeks of monitoring that pertains to the Bullseye’s location; and

ii. The requirements in this paragraph apply to each metal listed in Table 2 on an individual metal basis. A requirement to reduce or stop usage of one metal does not apply to the other metals; however, the requirement to reduce or stop usage may apply individually to multiple metals.

iii. If the monitored level of any of the metals in Table 2 exceeds the Reduce Use Level, Bullseye must reduce the use of the identified metal to Reduction Step 1 upon being notified to do so by DEQ. The requirement to reduce usage applies to the calendar week following the calendar week in which notification was given.

iv. If a second consecutive monitored level of any of the metals in Table 1 exceeds the Reduce Use Level, Bullseye must reduce the use of the identified metal to Reduction Step 2 upon being notified to do so by DEQ. The requirement to reduce usage applies to the calendar week following the calendar week in which notification was given.

v. If a third consecutive monitored level of any of the metals in Table 1 exceeds the Reduce Use Level, Bullseye must reduce the use of the identified metal to Reduction Step 3 upon being notified to do so by DEQ. The requirement to reduce usage applies to the calendar week following the calendar week in which notification was given and all following calendar weeks until DEQ either provides notification that the monitored level is again below the Reduce Use Level per subparagraph (X), or stops providing ambient monitoring data for the Bullseye’s location.

vi. If the monitored level of any of the metals in Table 2 exceeds the Stop Use Level, Bullseye must stop using the identified metal upon being notified to do so by DEQ. The requirement to stop usage applies to the calendar week following the calendar week in which notification was given and all following calendar weeks until DEQ either provides notification that the monitored level is again below the Reduce Use Level per subparagraph (X), or stops providing ambient monitoring data for the Bullseye’s location.

vii. Following any requirement to reduce or stop usage of a metal, Bullseye may resume unrestricted usage of that metal under either of the following circumstances:

a. DEQ provides notification that the monitored level of that metal is again below the Reduce Use Level. Bullseye may resume unrestricted usage in the calendar week following the calendar week in which notification is given and all following calendar weeks until Bullseye is required to reduce or stop usage again; or

b. DEQ does not provide ambient monitoring data for Bullseye’s location. Bullseye may resume unrestricted usage in the calendar week following the calendar week in which notification is given and all following calendar weeks until Bullseye is required to reduce or stop usage again.

viii. Bi-weekly averages will be calculated using the most appropriate ambient monitoring data that pertains to Bullseye’s location, and will be calculated as a rolling two-calendar week average.

19. Notwithstanding this agreement, Bullseye will be subject to any rules adopted by the Environmental Quality Commission.

20. The parties agree that damages caused by any violation of this agreement by Bullseye to the public health or the environment is diffuse, difficult to determine and that an alternative remedy is infeasible. The parties agree that the following stipulated damages are a reasonable approximation of the anticipated or actual damages caused by such violations. Upon receipt of a written DEQ finding that Bullseye has violated a provision of this agreement, Bullseye must pay the following stipulated damages:

a. $1,600 for each day that Bullseye violates any compliance requirements detailed in Paragraphs XX through XX of this agreement; and

b. $800 for each violation of any of the production requirements in Paragraphs XX through XX or any other provision of this agreement.

21. If any event occurs that is beyond Bullseye’s reasonable control that causes or may cause a delay or deviation in performance of the requirements of this agreement, Bullseye must immediately notify DEQ verbally of the cause of delay or deviation and its anticipated duration, the measures that have been or will be taken to prevent or minimize the delay or deviation, and the timetable by which Bullseye proposes to carry out such measures. Bullseye must confirm in writing this information within five (5) working days of the onset of the event. It is Bullseye’s responsibility in the written notification to demonstrate to DEQ’s satisfaction that the delay or deviation has been or will be caused by circumstances beyond the reasonable control and despite due diligence of Bullseye. If Bullseye so demonstrates, DEQ will extend times of performance of related activities under this agreement as appropriate. Circumstances or events beyond Bullseye’s control include, but are not limited to, acts of nature, unforeseen strikes, work stoppages, fires, explosion, riot, sabotage, or war. Increased cost of performance or consultant’s failure to provide timely reports will not be considered circumstances beyond Bullseye’s reasonable control. However, delay in DEQ approval of documents due to no act or omission of Bullseye’s will be considered circumstances beyond Bullseye’s control.

22. DEQ reserves the right to enforce this agreement through appropriate administrative and judicial proceedings.

23. DEQ and Bullseye may amend the terms of this agreement only by mutual written agreement.

24. Bullseye agrees that this agreement shall be binding on Bullseye and its respective successors, agents, and assigns. The undersigned representative of Bullseye certifies that he or she is fully authorized to execute and bind Bullseye to this agreement. No change in ownership or corporate or partnership status relating to the Facility will, in any way, alter Bullseye’s obligation under this agreement, unless otherwise approved in writing by DEQ.

25. All reports, notices and other communications required under or relating to this agreement should be sent to: Air Quality Section, DEQ Northwest Region Office, 700 NE Multnomah St., Suite 600, Portland, OR 97232. The contact person for Bullseye is: Eric Durrin, 3722 SE 21^st Avenue, Portland, Oregon 97202.

26. Bullseye acknowledges that it has actual notice of the contents and requirements of this agreement and that failure to fulfill any of the requirements hereof will constitute a violation of this agreement and will subject Bullseye to payment of stipulated damages.

27. Any stipulated damages imposed pursuant to Paragraph XX are due upon written demand. Stipulated damages must be paid by check or money order made payable to the "State Treasurer, State of Oregon" and sent to: Business Office, Department of Environmental Quality, 811 SW Sixth Avenue, Portland, Oregon 97204.

28. This agreement will terminate in 5 years of the date this agreement is fully executed or at mutual agreement of the parties, whichever is sooner, and on condition that Bullseye has paid all stipulated damages required by Paragraph XX.