From: Andy Peters
Sent: Mon Oct 28 13:07:00 2019
To: Alice Cannon; Dan Huff; Gerald Fisher; Dan Zinder
Subject: RE: Hemp Facility - Illegal chemical discharge?b Importance: Normal
Alice, one more idea for us: we could ask them for a “Stack Test” to see if any of the constituents being emitted are regulated under NESHAP, which is 40 CFR part 61. EPA publishes Stack Testing guidance, linked below. Even if EPA or DEQ won’t help us, I believe we are within our rights to request a stack test ourselves as a local government for two reasons. First, the front paragraphs of the Clean Air Act specifically state it’s local government’s purview take action to protect their air quality, that’s on the first page of USC 42 4401, linked below. Second, we can say that in order to determine whether their emissions are following 8.05.030, or whether the emissions are “affecting public health”. The only way to know would be a stack test. I’d be happy to draft a letter for you to consider, or pass to our attorney to review, it won’t take long at all.
For your info: someone like Geosyntec would have people that could perform such tests.
https://www.law.cornell.edu/cfr/text/40/part-61
https://www.epa.gov/compliance/clean-air-act-national-stack-testing-guidance
https://www.law.cornell.edu/uscode/text/42/7401
From: Gerald Fisher <gfisher@cityofmolalla.com>
Sent: Monday, October 28, 2019 11:10 AM
To: Alice Cannon <acannon@cityofmolalla.com>; Dan Zinder <dzinder@cityofmolalla.com>
Cc: Andy Peters <apeters@cityofmolalla.com>; Dan Huff <dhuff@cityofmolalla.com>
Subject: Hemp Facility - Illegal chemical discharge?
Alice,
They are using a chemical process to extract oils from the hemp. If they are venting these chemicals into the air without any DEQ oversight we could be in for a lot of trouble. That plume is drifting in the direction of two schools. Their water use is 110 CF so it is low. If DEQ has not conducted a site visit to determine no health risk to the public then you probably should light a fire under them before we have a health issue and claim against the City.
If you have all of the information then please share with Andy and I so we can pass on to our staff. Thanks.
Regards,
Gerald Fisher, P.E. | Public Works Director
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Office: 503.829.6855 | Direct: 503.759.0218
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From: Andy Peters <apeters@cityofmolalla.com>
Sent: Monday, October 28, 2019 10:26 AM
To: Alice Cannon <acannon@cityofmolalla.com>; Dan Zinder <dzinder@cityofmolalla.com>; Dan Huff <dhuff@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>
Subject: Great video of the hemp plant
Check this one out. At about :42 sec is when it’s really going full bore. Gross!! Haha!
https://www.youtube.com/watch?v=0ZNi3260iVI
Respectfully,
Andy Peters
City of Molalla
Public Works Operations Supervisor
(503) 829-6855 x220
Cell: 503-793-0507
117 N Molalla Ave
Molalla, OR 97038