BEFOR? THE ENVIRONMENTAL QUALITY COMMISSION OF THE STATE OF OREGON MUTUAL AGREEMENT IN THE MATTER OF. AND FINAL ORDER AMERITIES WEST, LLC, Dela nied lay company No.AQACERI6-9 7 WHEREAS: 1. AmesiTies West, LLC, «Delaware limited liability ompany (AmexTies), owns and operates a wood preseving facility at 100 Tie Plant Road, The Dales, Oregon the Facility). “The wood preserving process atthe Fail includes two boilers, thee cyclones and five retorts (ood tein liners) to preserve riod tes, Creaote is uted aa wood preservative i the process and has the bility to emit trong odors. 2, Residents of The Dalles, or those in lose proximity, have periodically complained to DEQ that tong odors emanate frm the Facility. On Febmoy 1, 2015, the Deparnen of Eavionmesal Quality (DEQY's Nuisance Strategy was tggered due tothe ‘number and description ofthe odor complains DEQ received concerning the Facility. As a result, DEQ staff have bean conducting odor surveys in The Dalles sea and bave documented that erosotesype odors ee often present in the community 2. OaMareh24, 2015, DEQ renewed and e-isued AmesTis' Stndard Air Contaminant Discharge Feit No, 33-0003-ST-01 (Pemit). The Permit autborizes AmeriTies fo ischarge exhaust gases containing ae contaminansin accordance with the requirements, limitations and conditions of the Permit. Condition 6.3 ofthe Pent requires AmeriTies to evaluat potential sources of dors tthe Ecliy ant take menses tn rn odors hy developing plan for adtonal odor minimiaton best work practices 4, To dst, mesiTics has implemented multiple odor contol measures a the Facility showm in the AneriTies West Odor Action Plan (Fable 1) ataced hereto and corporate herein by sfeence a age MUTUAL ARREEMENT AND ORDER (Cin AQAC ERD UGT10 u 2 B us 5 5, This Mumal Agreement and Order (MAO) is being entered int votusarily by AmeriTics and DEQ ta memerialige AmetiTes' commitment to implement best Work practoes to minimize odors and t develop enforeable milestones that wil enable the implementation of odor contol measures in an expeditions mane. 6. Byenterng into this MAO, AmriTies iter admits nor denis the allegations slated oor arising fom ny ofthe mater inthis MAO. NOW THEREFORE, itis spulated and agreed tat 7. Imaccordance with OAR 340-208-0320), soures may voluntarily ener into an agresment with DEQ to inplement specifi pracies to abate suspected nuisance conditions including odors. Compliance with this MAO andthe DEQ-approved Odor Action Pan (Table 1 and any DEQ-approved plates) in Paragraphs 7A (1) and 2) constitutes implementation of best work practices and compinee with OAR 340-208-0300 while this MAO isin effect. 8, The Enviroumental Quality Commission sal issue final onder: ‘A. Requiring AmeriTies to implement est work practices to mitigate odors by complying with he flowing sedate and conditions: (1) nplement end comply withthe odor reduction scons in Table L ofthe Odor Action Plan snsitent wits the schedules identified therein; 2) Uponisssance ofthis MAO, AmesTies mst evaluate each odor reduction ation in Tale I thet AmeiTies hs implemented fo at leat 60 ays, and submit an cvalation report to DEQ within 60 day of date ofthis MAO. The evaluation report ust inciud a desrpton ofeach implemented aeton, longterm fesbility of implementing the cction, date the action was implemented, andthe Fait’ observations ofthe efestivenes of the action (©) Foreoct action fom Table 1 that Ameriies has not implemented for 60 days as ofthe dat ofthis MAO, oor each new action that AmeriTies implements as part or any DEQ-approved pan update, AmeriTies must evaluate the newly-implemented action for | 60 days after implementation ofthe action and submit a report to DEQ within 90 days of ‘age2- MUTUAL AOREEMENT AND ORDER (Coane aQacenies | | |‘implementation ofthe action tat includes a deseription ofthe action, date the action vas implemented, and the Fuelity’s observations ofthe effectiveness of the action (@)_DEQwill independently assess the effectiveness of AmeriTies? ‘odor reduction actions by 2onducting odor surveys in The Dalles area, Beginning January 1, 2017, if more than 10% ofthe average odor survey reaings over any ling 9O-y period equals or exceeds a value of "6" onthe Intensity/Offensiveness scale below, or if more than 5% ofthe average ador survey readings over uy rolling 90-lay period equals or exceeds a value of “oon the Inesity/Oesiveness scale below, then DEQ will notify AmesTies hat it must evaluate whether additonal odor reduction ations are reasonably achievable, For the purposes ofthis MAO, a valid sling 90-day odor surveyléate set encompass «minimum, 30 separste DEQ readings Intensity/Offensiveness Seale Vo Score VeqScomn | 6a] 8a [ata [a Sone (@) [8A] 1A ~[9A [1 MoJeate G) [4a] ot [a8 [108 Noticeable @ [3 | s_[_ mon {tase [2a tec fac 5 | flee Noodor) [EHS] 24 29 S56) fs cee Oitensivenes (©) Nolater than 90 days after eceiving writen notice from DEQ of the need to asses whether additional odor redution ations are reasonably achievable, AmetiTies must submit‘o DEQ for review and approval, an updated plan identifying any ditional posible actiens and a schedule for implementation of each sdtional reasonably achievable atin, 1Fany age) MUTUAL AGREEMENT AND ORDER (Coen AOAC ER. 6)1] possible actions are entied as not bing reasonably achievable, AmeriTies must provide an explanation and documeniation to support that finding, (©) IFDEQ and AmesiTies disagree as to whether aditional possible actions are reasonably actcvable, they shall meet to discuss ther opinions and to seek # reasonable resolution, which may include but isnot limited to, a mutual agreement on alternative ‘odor reduction actions, orto amend or terminate this MAO. IfDEQ and AmeriTies esanot reach 7] resolution and agre to teminate the MAO, those action roquited under this MAO at the time 8] Amesitiesis informed ofthe need for the additional ection assessment wil be incorporated into 9}, AmesiTies’ Air Contaminant Discharge Permit by DEQ-intisted permit modifiestion or upon 10] permit renewal, n (7) Once DEQ approves updates to the Odor Action Plan in wating, 12) AmeeiTies must begin inplementaion ofthe approved plan updates consistent with the schedule 413] presented in the updated plan, 4 9, any eveat occurs that is beyond AmesiTies’ reasonable contol and that 15| causes or may cause a delay or deviation in performance ofthe requirements of this MAO, 16| AmeriTies will immedisely notify DEQ verbally of the cause of delay or deviation and its 17| anticipated duration, the measures that have been or wil be taken to prevent or minimize the 18| delay or deviation, and the timetable by which AmeciTes proposes fo camry out such messures. 19} AmeriTies shall confirm in writing this information within ive (5) working days ofthe onset of 20] the event. Itis AmeriTics’ esponsibility in the writen notification to demonstrate to DEQ's 21 saisfeton that she doy or deviation hasbeen or will be caused by circumstances beyond the 22| control and despite de diligence of AmeriTies. F AmeriTies so demonsttates, DEQ will extend 23| times of performance ofrelated activities under this MAO as appropriate. Crcunstances or 24| events beyond AmeriTics* conta include, but are not limited to, acts of nature, unforeseen 25) sukes, work stoppages fires, explosion, rot, sabotage, or war Increased cost of performance ot 26], consultant's failure to provide timely eports may not be considered circumstances beyond 21], AmesTies' contol ‘aged MUTUAL AGREEMENT AND ORDER (Conte AQACRIG)u 2 B “ 5 6 0 8 » a 2 2 26| 2 10. DEQ and AmeriTies may amend the tems ofthis MAO by murusl wten agreement. 11, DEQ may amend the schedule and conditions in this MAO upos finding thst such rodificton is necestary to protect public heh. DEQ will provide Ameriies a minimum of thiny (0) days written nae prio to issuing an Amended MAO modiing any schedules or conditions, and th condtious wll be immedistely effective, IF AmeriTies contests the Amended MAO the apliable procedures for conduct of contested eases in such mates will apply (ORS CCnpter183, OAR Chapter 340, Division O11 snd OAR 137-003-0501 1 0700). 12, AmeriTesagres tht this MAO shal be binding on AmeiTis anit respective sccestors, gents, and asigns. The undersigned representative of AmeriTies crits that he or she is illy authorized to exerste and bind AmesiTies to this MAO. No change in ownership ot cotporte or partnership sats relating to the Fact wil in any way, alter AmeiTies bligation under this MAO, unless otherwise approved in wetng by DEQ 13, All reports, notices and other communications required under or relating to this MAO shouldbe sett: Messina, Oregon DEQ, 475 NE Welles Dive, Suite 110, Ben, ‘Oregon 9701, ot mena Sank eq stat 08 14, AmeriTie acknowledges that thas actual natie ofthe contents and requirements ofthis MAO and thet fue to fulfil any of the requirements hereof woul consti a violation ofthis MAO and subject Ametiies to potential enforcement under OAR 340, Division 12. 15, This MAO will eaninate when the Odor Action Plan is incorporated into ‘AmetiTies" Air Contaminant Discharge Permit upon DEQ iitisted permit modfiaton or permitreneal aw m a (evn AQAC ER).AMERITIES WEST, LLC eo ee 2] apis, 2016 ¢ ¢ it | Dee 5 C T Jeffrey L Teompson 4 ‘Name (pint) 5 ‘Title (print) 6 7 8 DEPARTMENT OF ENVIRONMENTAL QUALITY ro] 2pwl © 20 Sch, We be te Dae Leah K.Feléon, Manager n Office of Compliance and Enforcement re) 3 FINAL ORDER 14] ITI SO ORDERED: 5 ENVIRONMENTAL QUALITY COMMISSION 16 nn] Ae £206 Se Whelan fg Date ieah K Felon, Manager 1 Office of Compliance and Enforcement on behalf f DEQ pursuant to OAR 340-012-0170 7 and OAR 340-208-0320(1) 20 on teal fhe EQC pursuant to OAR 340-011-0508 2 n Fs 2a 2s 6 a] ‘age 6= MUTUAL: JGREEMENT AND ORDER (CaseNo. AQACERS)mien pe mao eee pawanpe a prea a one po oR seo ra voy raves eed smog ono tne] a Aas uejd uonpy Jopo 359M SeLawY :T aqeL0 u 2 B 4 3 16 n 8 » a 2 26 a [BEFORE THE ENVIRONMENTAL QUALITY COMMISSION OF THE STATE OF OREGON MUTUAL AGREEMENT AND FINAL ORDER. ‘ADDENDUMNO. | No. AQAC-ER-16.067 INTHE MATTER OF: AMERITIES WEST, LLC, ‘Delaware limited liability company. WHEREAS: 1, On Apsil 8 2016, the Department of Envitonmental Quality (DEQ) and AmetiTies West, LLC, PmeriTis) entered into Mutual Agreement and Final Orde No AQIAC-ERI6-067 (AD). 2. Paragraph ofthe MAO contsined a reference enor, DEQ and AmedTies agree thatthe MAO should be mended to correct the eno. ‘NOW THEREFORE, itis stipulated and agreed tht: ‘The Envizonmental Quality Commission shall issu fin orer that 5, Hnaccordmce with Paragraph 10 of the MAO, by this Addendum No.1, Paragraph 7 ofthe MAO is hereby amended to real follows “tn accordance vith OAR 340-208.0320(1), sources may voluntarily enter ito an sgreement with DEQ to implement specific practice to abate suspected msance condition, including odors, Compliance wit the schedule in Paragraphs 8A(1) trough 3)(S)and (7) ofthe [MAO and the DEQ-approved Odor Action Plan (Table Land any DEQ-approved updates) ‘onstitts implementation of best work pracies andl compliance with OAR 340-208-0300 hile the MAO i inefeee” 5S. Nothing i this Addendum No, |i intended to amend any ther tems conditions ofthe MAO, mt a a Page| MUTUAL AGREEMENT AND ORDER Attn No. (Gara AQACER 6087) | | 110 " B 8 a4 1s 16 1 i » 20 a 2 24| 26| an] Dad ITIS SO ORDERED: Bapeck IS Dols AMERITIES WEST, LLC ee ie " Tile (pint) FINAL ORDER ENVIRONMENTAL QUALITY COMMISSION Gabe (ne ieahK Fldn, Manager Oe of Compliance tn Efercement on eal of DEQ punt to OAR 340.012.0170 ted OAR 4020603200) th bof he EQCpuseat o OAR 3400110505 ‘aged MUTUAL AGREEMENT AND ORDER Aen. (Cacho AQAC-ERAGOH