Current status: Owens-Brockway submitted a modeling protocol in order to demonstrate compliance with short-term NAAQS. DEQ is currently reviewing that protocol, and expects to have a draft permit available for public comment later this year. The permit will address any outcomes from the NAAQS compliance modeling, the Regional Haze, and the June 2021 enforcement action. More information about Regional Haze and Enforcement in the dropdown menus below.
On May 10, 2021, EPA issued an order requiring DEQ to revise Owens-Brockway's Title V air quality permit and/or the permit record in 90 days. Specifically, the order requires DEQ to re-examine how the permit ensures compliance with particulate matter emission limits. DEQ also received a memorandum from EarthJustice on April 24, 2021 that summarized emissions modelling of the facility and raised concerns about the permit's ability to ensure Owens-Brockway did not exceed the National Ambient Air Quality Standards, or NAAQS, for one-hour sulfur dioxide, one-hour nitrogen dioxide and 24-hour PM2.5.
On June 25, 2021, DEQ sent a letter to Owens-Brockway informing the facility of DEQ's intent to reopen its permit in response to EPA's order and to assure compliance with emission limits and NAAQS. In its letter, DEQ requested that the facility provide information that could inform DEQ's permit reopening.
Since then, Owens-Brockway has made a number of submittals. First, Owens-Brockway submitted a permit modification application on July 28, 2021 to remove Furnace A, one of its two remaining glass-making furnaces, from its air quality permit. This permit change would eliminate Owens-Brockway's authorization to operate Furnace A, and signaled the company's intention to keep the furnace permanently shut down. The facility has also requested an opportunity to perform its own NAAQS modelling analysis, and submitted a modelling protocol to DEQ on Sept. 20, 2021. The modelling protocol is currently under review.
Second, on Aug. 9, 2021, the company executed a Regional Haze Stipulated Agreement and Final Order with DEQ, see more information below.
DEQ has also made two visits to the Owens-Brockway plant since the EPA order to verify site conditions and evaluate compliance.
DEQ has asked EPA for an extension of the 90 day deadline to evaluate and incorporate new information into a revised permit and to see if the parties can arrive at a more comprehensive solution. DEQ expects to issue a revised permit this fall that will respond to EPA's order, incorporate the Regional Haze agreement and any final enforcement orders, and impose conditions necessary to assure compliance with NAAQS and emission limits.