Current Status:
On Nov. 10, 2022, DEQ issued Owens-Brockway's construction air quality permit to install its pollution controls. Owens-Brockway now has 18 months to complete the installation of the pollution controls with interim deadlines to ensure progress is made in a timely manner.
In December 2022, Owens-Brockway notified DEQ that it signed a contract with an air pollution controls vendor and DEQ determined the contract meets the requirements for the February 2023 deadline. The next deadline is in September 2023, more information below.
Owens-Brockway will continue operating under restricted interim limits until they install the specified air pollution controls.
Background: On June 3, 2021, DEQ issued a $1 million civil penalty and order to Owens-Brockway for air quality violations, including ongoing exceedances of the total particulate matter and opacity limits in the permit. On Oct. 22, 2021, DEQ signed an agreement with Owens-Brockway resolving the enforcement action and giving Owens-Brockway two options: install pollution controls or shut down.
There are three main components to the agreement: deadlines, an interim opacity limit and a supplemental environmental project.
Deadlines
On June 30 2022, Owens-Brockway sent an application to DEQ to install a ceramic filter. The controls must reduce particulate matter, or PM, emissions by 95% and ensure compliance with applicable PM limits. Within 18 months of DEQ's approval of that application, Owens-Brockway must complete installation of the controls.
Interim opacity limit
Until Owens-Brockway installs controls, the company will continue to be subject to an interim opacity limit. Opacity is a surrogate for PM, and the limit helps ensure that Owens-Brockway will operate the facility in a manner that reduces PM emissions until the company installs controls. Violations of the interim limit will result in a penalty of $18,000 per violation.
Supplemental environmental project
DEQ required Owens-Brockway to spend $529,404 of the penalty on one or more projects that will provide air quality benefits to the surrounding community. In March 2022, DEQ approved Owens-Brockway's application for a supplemental environmental project to contribute these funds to Friends of Trees for tree planting efforts. DEQ incorporated this into Owens-Brockway's agreement with DEQ. The project will pay to plant trees in the Sumner neighborhood, where the facility is located, as well in the adjacent neighborhoods of Cully, Parkrose, Argay and Wilkes, and within the nearby Columbia Slough Watershed in northeast Portland. Learn more about supplemental environmental projects in general at DEQ's Supplemental Environmental Projects page.
The total settled civil penalty is $661,756 from the original $1 million. The penalty reduction, as compared to the penalty assessed in DEQ's June 2021 notice of civil penalty assessment and order, is primarily due to Owens-Brockway's commitment to install controls.
Owens-Brockway notified DEQ on June 30, 2022 that they intend to install pollution controls. Under the signed agreement between the facility and DEQ, Owens-Brockway submitted a Notice of Approval application, permit modification and associated materials. Their application proposes installation of a catalytic ceramic filter, to control particulate matter. In addition, the filter will control emissions of nitrogen oxides and sulfur dioxide.
On Nov. 10, 2022, DEQ issued Owens-Brockway's construction air quality permit to install its pollution controls. DEQ put this permit on public notice from Sept. 29, 2022 to Nov. 7, 2022 and held a public hearing on Nov. 3, 2022. View the presentation from the public hearing.
Owens-Brockway will continue operating under restricted interim limits until they install the specified air pollution controls.
Owens-Brockway now has 18 months to complete the installation of the pollution controls with interim deadlines to ensure progress is made in a timely manner.
These deadlines include:- 3 months (February 2023): Execute a contract to install controls.
- 10 months (September 2023): Complete construction drawings.
- 13 months (December 2023): Begin pollution control installation.
- 18 months (May 2023): Pollution controls fully installed.
Deadline status- December 2022: Owens-Brockway notified DEQ near the end of December that it signed a contract with an air pollution controls vendor for a catalytic ceramic filter. DEQ determined the contract meets the requirements for the February 2023 interim deadline.