A	B	C	D	E	F	G
1	Point ID	short summary	Summary of Comment	DEQ response	Notes	Assigned to	Response Status
2	18	don't apply to glass users	Because of the way that 'melt' and 'furnace' are used in the rule, it may apply to some art glass users that are remelting glass rather than making it from powdered raw materials.	DEQ understands the commenter’s concerns and agrees that it is not DEQ’s intent to regulate glassworking. DEQ’s intent is to regulate the process of making colored art glass using raw material that contains specified HAPs. Thus, for a facility to possibly be regulated under the proposed rule, two criteria must be met: 1. The facility must make (manufacture) glass; and 2. The glass must be colored using raw material that contains specified HAPs. These two criteria are explained below. The facility must make (manufacture) glass. To make (manufacture) glass is a broad concept, and in DEQ’s views it means to make a new glass product that is different from the starting materials. This can include starting with a mix of sand, soda and other materials and heating the mix to create glass. It can also include starting with two pre-made glasses and heating them together to create a new glass product that has a different appearance than the two starting glasses; DEQ considers that a glassworker could “make” glass in this way. The glass must be colored using raw material that contains specified HAPs. The terms “colored” and “specified HAPs” are unambiguous, and most of the definition of “raw material” is also unambiguous, with the possible exception of subsection (c), which is considered in more detail below. For the proposed rules to be applicable to a facility that makes glass (as described above), that facility must make colored glass using raw material that contains the specified HAPs. Two examples are given below to explain this: Example 1: A facility can start with a mix of sand, soda and other materials and heat the mix to create glass. If cadmium sulfide is added to the mix for the purpose of achieving a colored glass product, the cadmium sulfide meets the definition of raw material, and that raw material contains one of the specified HAPs. The facility may be regulated under the rule if it produces more than the threshold amount of colored art glass. Example 2: A facility can start with cullet (i.e. pieces of one or multiple pre-made glasses) and heat the cullet to create a new glass product. Cullet is excluded from the definition of raw material, and if only cullet is melted, then no raw material is used and making glass in this manner is not subject to the proposed rules. However, if cadmium sulfide is added to the cullet, the cadmium sulfide meets the definition of raw material, and that raw material contains one of the specified HAPs. The facility may be regulated under the rule if it produces more than the threshold amount of colored art glass. It is conceivable that a glassworker could make colored art glass in the manner described in Example 2. If that glassworker made more than the threshold amount of colored art glass, then that glassworker would be subject to the proposed rules. However, if a glassworker made any amount glass but did not use raw material that contained the specified HAPs, then that glassworker would not be subject to the proposed rules. In the final analysis, it is making glass using raw materials that contain the specified HAPs that makes a facility potentially subject to the proposed rules. With regard to subsection (c), DEQ agrees that further clarification will be helpful. Subsection (c) in the temporary rules reads as follows: “Raw material includes glass materials that contain metal HAPs in amounts that materially affect the color of the finished product and that are used as coloring agents.” In Examples 1 and 2 above, cadmium sulfide is added for the purpose of achieving a colored glass product, and the cadmium sulfide is a raw material. DEQ understands that cadmium sulfide may be obtained in powder form, or in a glassified or vitrified form to minimize worker exposure to toxic cadmium sulfide dust. In the glassified form, the cadmium sulfide is essentially encased in a glass or glass-like carrier, but it has the same purpose as cadmium sulfide powder. If a glass formulation calls for one pound of cadmium, then that pound can be added by using an amount of cadmium sulfide powder that contains one pound of cadmium, or it can be added by using an amount of glassified cadmium sulfide that contains one pound of cadmium. The powder form of cadmium sulfide is a raw material, and the glassified form of cadmium sulfide is also a raw material. Although cadmium sulfide is used in these examples, the same concept applies to all of the HAPs regulated under the proposed rules. DEQ appreciates the commenter’s suggestions but has determined that the suggested changes are unnecessary. However, in view of any confusion that may be caused by subsection (c) in the definition of raw material, DEQ is proposing to revise subsection (c) to read as follows: “Raw material includes glass materials that contain glass-making HAPs in amounts that materially affect the color of the finished product and that are used as coloring agents. For example, one pound of cadmium sulfide may be used in a glass formulation for the purpose of achieving a particular color throughout the final glass product. The pound of cadmium sulfide may be added in powder form, or in a glassified or vitrified form; all of these are raw materials.”	Chris Mini	George	needs review
3	28	baghouses not effective	In the Bullseye source test, the capture efficiency for chromium was less than for particulate matter. Baghouses are not effective if pollution is in a gas state or in very small particles.	The boiling point for chromium is 4,841°F. Baghouses operate at a much lower temperature than that, so chromium would not be in vapor form when passing through the baghouse. The Bullseye source test referenced in the comment only included one test run, so it's unknown whether that one data point is accurate under all circumstances. It's possible that chromium is being emitted at a very small particle size that is difficult for the baghouse to filter out. In any case, under the revised rule Tier 2 facilities are required to test their outlet emissions using EPA Method 29, which includes all emissions (filterable and condensable) and set production limits to keep chromium emissions below health benchmarks. That further data will measure actual chromium emissions and limit them to keep the air safe to breathe.		George	needs review
4	32	future additions	The rule should include a clause to allow for the future regulation of other materials from glass manufacturing if found to exceed either short and/or long term health standards for air shed quality.	The rule does not include language that would allow new materials to be regulated without going through a new rulemaking process. However, if new information comes to light DEQ could revisit the rule, or in an emergency the Governor's office could order DEQ to take action.	not sure about legal basis for emergency action. Mention Cleaner Air Oregon.	George	needs review
5	34	facility limits vs furnace limits	Rule should set per-facility emission limits so that cumulative impact of multiple furnaces does not exceed health benchmarks.	With respect to chromium emissions, the daily usage limits will be based on the ambient impacts from all furnaces, not just individual furnaces.		George	draft
6	36	enforcement	There should be heavy fines for violations, a plan for repeat offenders, and the ability to shut facility down if it poses an immediate risk to the public and environment.	When major violations are found at a permitted facility, DEQ's Office of Compliance and Enforcement performs formal enforcement, including a penalty calculated in accordance with guidance. Penalties are larger for repeat violations and DEQ does have the ability to do Cease and Desist orders in emergency situations DEQ follows established enforcement procedures, with fines based on the amounts and procedures specified in OAR Chapter 340, Division 12. (Note, asked for Paul G. to help with response) Paul G’s response: You can revoke a permit under OAR 340-216-0082(4). (4)(b) of that rule repeats some of the “serious danger” language that is also in ORS 468.115, which was the statute invoked against Bullseye. You may also want to say something about determining appropriate enforcement steps based on the severity of the violation, but that prior violation history is a factor that you consider when determining how to enforce. Or something like that.	What legal basis is needed for Cease & Desist orders?	George	needs review