Environmental Quality Commission Meeting

June 22-23, 2006^[1]
Department of Environmental Quality
Room 3A, 811 SW Sixth Avenue, Portland, Oregon

The Commission will break the meeting to hold an Executive Session, from noon to 1:00 p.m., on Thursday, June 22, to consult with counsel concerning legal rights and duties regarding current or potential litigation against the DEQ. Only representatives of the media may attend and media representatives may not report on any deliberations during the session.^[2]

1. Approval of Minutes from April 27-28, 2006, EQC Meeting
   The Commission will review, amend if necessary, and approve draft minutes of the April 27-28, 2006, Commission meeting.
   

   *** Note: Agenda Item B will be presented after Agenda Item F. ***

3. Director’s Dialogue
   Stephanie Hallock, DEQ Director, will discuss current events and issues involving the Department and the state with Commissioners.
   [Additional Information:  Director's Dialogue]
4. Public Forum
   The Commission will break the meeting to provide members of the public an opportunity to speak to the Commission on environmental issues that are not part of the agenda for this meeting. Individuals wishing to speak to the Commission must sign a request form at the meeting and limit presentations to five minutes. The Commission may discontinue public forum after a reasonable time if a large number of speakers wish to appear. In accordance with ORS 183.335(13), no comments may be presented on rule adoption items for which public comment periods have closed.
5. Informational Item: Columbia River 2005 Spill Season Total Dissolved Gas Waiver Report
   The Commission will be informed about existing EQC waivers of the Oregon water quality standard for total dissolved gas. The waivers, granted to the U.S. Army Corp of Engineers and the U.S. Fish and Wildlife Service, allow increased water spill over dams for fish passage. This agenda item will report total dissolved gas levels during the 2005 spill season, as required annually under terms of the waivers. No EQC action will be taken on the waivers at this time.
   [Additional information:  Staff Report, Attachment A, Attachment B, Attachment C, Attachment D]
6. Informational Item: Update on the Status of the Umatilla Chemical Agent Disposal Facility
   Joni Hammond, DEQ Chemical Demilitarization Acting Program Administrator, will give an update on the status of recent activities at the Umatilla Chemical Agent Disposal Facility (UMCDF). In August 2004, the Commission gave approval to start chemical weapon destruction at UMCDF and DEQ’s Chemical Demilitarization Program continues close oversight of work at the facility.
   Joni Hammond and Sue Oliver, Department of Environmental Quality
   [Additional Information:  Status Update, Glossary]

7. EQC Discussion: EQC Contested Case Procedures
   The Commission will discuss possible changes to the contested case process. Individual Commissioners have raised concerns about  the process, including concerns about the availability of file information for contested cases under EQC review.
   Anne Price, Department of Environmental Quality
   [Additional information:  Staff Report, Attachment A, Attachment B, Attachment C, Attachment D, Attachment E]
8. Action Item: Rule Adoption, Oregon Low Emission Vehicle Rules*
   The Department proposes that the Commission repeal OAR 340-257 temporary rules and adopt Division 257 permanent rules; adopt OAR 340-256-0220; and amend Division 12 to require that new light and medium-duty vehicles sold in Oregon meet low emission vehicle standards and related rules.
   Andy Ginsburg and Dave Nordberg, Department of Environmental Quality
   [Additional information: Staff Report, Attachment A1, Attachment A2, Attachment A3, Attachment B, Attachment C, Attachment D, Attachment E1, Attachment E2]
9. Rule Adoption: Oregon Title V Operating Permit Program CPI Fee Increase*
   The Department proposes that the Commission amend OAR 340-220-0030 through 0050 to increase Title V operating permit fees by the 2005 Consumer Price Index. Oregon statute establishes Title V permit fees and provides for annual inflationary adjustments. Oregon Administrative Code must be revised annually to reflect these fee changes.
   Andy Ginsburg and Brandy Albertson, Department of Environmental Quality
   [Additional information:  Staff Report, Attachment A, Attachment B, Attachment C, Attachment D, Attachment E, Attachment F]
10. EQC Discussion: Public Comment and EQC Rule Adoption
    The Commission will discuss possible changes to the rulemaking process to allow for direct public testimony during EQC review of controversial rule packages.
    Greg Aldrich and Larry McAllister, Department of Environmental Quality

[Additional information:  Staff Report]
11. Action Item: Pollution Control Facility Tax Credits
    The Department will present recommendations to the Commission on final certification or alternate action for several facilities.
    René-Marc Mangin and Maggie Vandehey, Department of Environmental Quality
    [Additional information:  Staff Report, Tax Credits Spreadsheet (.xls)]

12. Informational Item: DEQ Legislative Concepts and Budget Development
    The Commission will be informed about DEQ’s 2007-09 legislative agenda and budget request. The Commission will be invited to provide policy guidance regarding key DEQ budget issues and priorities.
    Greg Aldrich, Department of Environmental Quality
13. Informational Item: DEQ Strategic Directions
    The Commission will discuss DEQ’s draft strategic priorities and key actions for the five-year strategic plan and will provide guidance for further planning.
    Helen Lottridge and Patti Seastrom, Department of Environmental Quality
    [Addtional Information:  Attachment A, Attachment B]
14. Action Item: Temporary Rule Adoption
    The Department recommends that the Commission amend OAR 340-256-0300 (1) (a) and (b) “Emission Control System Inspection Scope” to expedite phase-out of the enhanced emission test from the Vehicle Inspection Program.  The existing schedule calls for replacement of the enhanced test with the basic test for 1981 through 1995 model year vehicles in three steps from July 2005 to December 2006.  The temporary rule would complete the phase-out in two steps ending in July 2006, speeding the transition by six months for three model years.  This change is needed to address unanticipated incompatibility between the enhanced test equipment and new test equipment and software currently being installed.  The new equipment and software is replacing existing basic and On-Board Diagnostics (OBD) systems. Because most vehicles are now subject to the OBD test and because 12 of 15 model years will have already transitioned from enhanced to basic, the revised phase-out schedule will make the test less stringent for a very small percentage of vehicles tested during the latter part of 2006 and will not significantly affect air quality.
    Andy Ginsburg and Ted Kotsakis, Department of Environmental Quality
    [Additional Information:  Staff Report, Attachment A, Attachment B]
 
15. Commissioner Reports

____________________________________________________________________________________

2006
August 10-11      October 5-6      December 14-15

* Rule Adoptions: Hearings have been held on Rule Adoption items and public comment periods have closed. In accordance with ORS 183.335(14), no comments may be presented by any party to either the Commission or Department on these items at any time during this meeting.

Staff Reports: Staff reports for each item on this agenda can be viewed and printed from DEQ’s Web site at http://www.deq.state.or.us/about/eqc/eqc.htm.  To request a particular staff report be sent to you in the mail, contact Toneasha Kelly, Department of Environmental Quality, Director’s Office, 811 SW Sixth Avenue, Portland, Oregon 97204; telephone 503-229-5990, toll-free 1-800-452-4011 extension 5990, or 503-229-6993 (TTY). Please specify the agenda item letter when requesting reports. If special physical, language or other accommodations are needed for this meeting, please advise Ms. Kelly as soon as possible, but at least 48 hours in advance of the meeting.

Public Forum: The Commission will break the meeting during the morning of Thursday, June 22, to provide members of the public an opportunity to speak to the Commission on environmental issues not part of the agenda for this meeting. Individuals wishing to speak to the Commission must sign a request form at the meeting and limit presentations to five minutes. The Commission may discontinue public forum after a reasonable time if a large number of speakers wish to appear. In accordance with ORS 183.335(13), no comments may be presented on Rule Adoption items for which public comment periods have closed.

Note: Because of the uncertain length of time needed for each agenda item, the Commission may hear any item at any time during the meeting. If a specific time is indicated for an agenda item, an effort will be made to consider that item as close to that time as possible. However, scheduled times may be modified if participants agree. Those wishing to hear discussion of an item should arrive at the beginning of the meeting to avoid missing the item.

The Environmental Quality Commission is a five-member, all volunteer, citizen panel appointed by the governor for four-year terms to serve as DEQ’s policy and rule-making board. Members are eligible for reappointment but may not serve more than two consecutive terms.

Lynn Hampton, Chair
Lynn Hampton serves as Tribal Prosecutor for the Confederated Tribes of the Umatilla Indian Reservation and previously was Deputy District Attorney for Umatilla County. She received her B.A. at University of Oregon and her J.D. at University of Oregon School of Law. Commissioner Hampton was appointed to the EQC in July 2003 and lives in Pendleton.

Bill Blosser, Vice Chair
Bill Blosser is owner of William Blosser Consulting. He is employed by, and has held several positions with, CH2M Hill in Portland. Bill served as Director of the Oregon Department of Land Conservation and Development from 2001-2002 and was formerly president of Sokol Blosser Winery in Dundee, Oregon. Bill has served on and chaired numerous commissions and task forces, including terms as chair of the Water Resources Commission, chair of the Land Conservation and Development Commission and chair of the Policy Advisory Committee on Water Quality to the EQC. Bill has a bachelor of arts degree in history and humanities from Stanford University and a masters degree in regional planning from the University of North Carolina, Chapel Hill. Commissioner Blosser was appointed to the EQC in January 2006 and lives in Portland.

Ken Williamson, Commissioner
Ken Williamson is head of the Department of Civil, Construction and Environmental Engineering at Oregon State University and serves as Co-Director of the Center for Water and Environmental Sustainability. He received his B.S. and M.S. at Oregon State University and his Ph.D. at Stanford University. Commissioner Williamson was appointed to the EQC in February 2004 and he lives in Corvallis.

Judy Uherbelau, Commissioner
Judy Uherbelau is a graduate of Ball State University with a B.S. in Economics/Political Science. She received a J.D. from UCLA School of Law and currently works as an attorney with Thomas C. Howser, PC in Ashland. Judy served in the Peace Corps and the Oregon House of Representatives as well as numerous boards and commissions. Commissioner Uherbelau was appointed to the EQC in February 2005 and lives in Ashland.

Donalda Dodson, Commissioner
Donalda Dodson is currently Interim Executive Director of the Oregon Child Development Coalition.  Previously, she served as Administrator of the Department of Human Services Office of Family Health and as Manager of the Maternal/Child Health Program at the Marion County Health Department.  Donalda has a bachelor of science degree in nursing and a master's degree in public health.  She has chaired or served on nearly a dozen public health committees and task forces and expresses a strong interest in bringing environmental issues into the public health arena. Commissioner Dodson resides in Salem.

Stephanie Hallock, Director
Department of Environmental Quality
811 SW Sixth Avenue, Portland, OR 97204-1390
Telephone: (503) 229-5696 Toll Free in Oregon: (800) 452-4011
TTY: (503) 229-6993 Fax: (503) 229-6124
E-mail: deq.info@deq.state.or.us

Cat Skaar, Assistant to the Commission
Telephone: (503) 229-5301