Oregon Environmental Quality Commission Meeting

October 17, 18 and 19, 2007

Oregon Convention Center
Room A-106
777 NE Martin Luther King Jr. Blvd.
Portland, Oregon

 

Wednesday, October 17—Regular meeting begins at 8:30 am

  1. Preliminary Commission Business: Adoption of Minutes of the August 16, 2007 Meeting
    The Commission will review, amend if necessary, and approve draft minutes of the
    August 16, 2007, Commission meeting.

Informational Item: Director’s Dialogue
Stephanie Hallock will discuss current events and issues involving the Department.

  1. Rule Adoption: Clarification of Proposed Orders in Contested Enforcement Cases
    The Environmental Quality Commission (EQC) asked the Department of Environmental Quality (DEQ) to improve the clarity and completeness of contested case appeals coming before the EQC. Additionally, DEQ regulations governing the appeals process (Division 11) need updating, clarification, and correction of an error in order to make the contested case process more effective. The Department will recommend rule changes to accomplish these goals.
    Jane Hickman and Sarah Greenley, Department of Environmental Quality
    [Attachments: Staff Report, Attachment A, Attachment B, Attachment C, Attachment D, Attachment E, Attachment F]
     
  2. Rule Adoption: Oregon Air Contaminant Discharge Permit Fee Increase
    The Air Contaminant Discharge Permit (ACDP) program contributes to the prevention of air pollution and helps reduce the number of unhealthy air days and the risks from air toxics. For example, the ACDP program limits the amount of pollution through permit requirements and prevents pollution through technical assistance. Oregon’s (ACDP) program is part of Oregon’s federally approved State Implementation Plan (SIP) to achieve national air quality standards. The proposed increase to ACDP fees is needed to effectively protect Oregon’s air quality.
    Andy Ginsburg and Andrea Curtis, Department of Environmental Quality
    [Attachments: Staff Report, Attachment A, Attachment B, Attachment C, Attachment D, Attachment E, Attachment F]
     
  3. Adoption of Air Quality Permit Program Streamlining and Updates
    Controlling the amount of pollution from industrial facilities through the Air Permitting program is an important part of the Department of Environmental Quality’s strategy to maintain clean air. Air permits ensure that existing industrial facilities comply with state and federal pollution emission standards and require new facilities to have pollution controls to protect air quality. The program helps reduce the number of unhealthy air days and reduces risk from air toxics through timely and up-to-date permits, inspections and by assisting facilities in complying with the law. This rulemaking will clarify, simplify and correct Air Permitting rules while maintaining equivalent environmental protection and stringency. The changes further streamline and better align the rules with requirements under the Federal Clean Air Act.
    Andy Ginsburg and Sarah Armitage, Department of Environmental Quality
    [Attachments: Staff Report, Attachment A, Attachment B, Attachment C, Attachment D, Attachment E, Attachment F, Attachment G, Attachment H1, Attachment H2, Attachment H3, Attachment H4, Attachment H5, Attachment H6]
     
  4. Rule Adoption: Asbestos Abatement Notification Filing Fee Increase
    Asbestos is a hazardous air pollutant, a known carcinogen. There is no known safe level of exposure. DEQ regulates the abatement and disposal of asbestos-containing materials from any public or private building involving demolition, renovation, repair, construction and maintenance activities. The DEQ’s asbestos program protects public health and the environment by reducing the amount of asbestos in the air.

    The 2007 Oregon Legislature approved an increase in the Asbestos Abatement Notification Filing Fees. The fee increase will allow DEQ to maintain existing staff levels in the program and add one position to provide additional technical assistance and public education about the dangers posed by improper asbestos removal. These rules implement the legislatively adopted budget.
    Andy Ginsburg and Ed Druback, Department of Environmental Quality
    [Attachments: Staff Report, Attachment A, Attachment B, Attachment C, Attachment D, Attachment E, Attachment F]
     
  5. Commissioners’ Reports
     
  6. Public Forum
    The Commission will provide members of the public an opportunity to speak to the Commission on environmental issues that are not part of the agenda, or for which there is otherwise no public testimony at 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.
     
  7. Informational Item: Oregon Fish and Shellfish Consumption Rate Project Update
    The purpose of this agenda topic is to:
    1. Update the Environmental Quality Commission on the progress of the Oregon Fish and Shellfish Consumption Rate Project. The Department of Environmental Quality last updated the EQC on February 22, 2007
    2. Update the EQC about the preliminary findings of the Human Health Focus Group
    3. Get direction from the EQC on what information the EQC will need and be looking for as the project progresses
    4. Provide an opportunity for members of the project’s Core Group and members of the public to offer comments to the EQC

    Lauri Aunan and Jordan Palmeri, Department of Environmental Quality
    [Attachments: Staff Report, Attachment A, Attachment B, Attachment C]

     

Thursday, October 18—Regular meeting begins at 9:30
The Commission will hold an Executive Session from 8:30 am to 9:30 am 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.[1] 

  1. Discussion and Dialogue: DEQ Strategic Plan Check-In and Look to the Future
    DEQ is completing year 2 of a 5-year strategic plan. The purpose of the EQC strategic planning discussion is to assess and evaluate our progress on the 5-year strategic plan, deepen the EQC/DEQ working relationship, enhance the commission and DEQ’s ability to work collaboratively on environmental issues, and examine current DEQ assignments and science to inform future strategic directions. The discussion will focus on the over-arching question: "What are Oregon’s environmental priorities and what role should DEQ play?"

    Sub-agenda for Agenda Item I:
    1. Open: Stephanie Hallock
    2. Reflections and vision: Chairwoman Lynn Hampton, Director Stephanie Hallock, Mike Carrier, Natural Resources Policy Director for Governor Ted Kulongoski, Vice-Chairman Bill Blosser, Commissioner Ken Williamson, Commissioner Donalda Dodson and Commissioner Judy Uherbelau.
    3. Public comment (at approximately 10:45 a.m.)
    4. Four perspectives on the current state of DEQ: regulatory responsibilities; the natural resource; community; legislature.
    5. Impressions of the day
       

The Commissioners will join the DEQ Director and Executive Management Team at 6:00 for dinner at the Porto Terra Restaurant.

Friday, October 18—Regular meeting begins at 9:30 am

  1. Continuation of the strategic planning discussion.
    Sub-agenda for Agenda Item I, continued:
  1. Discussion and conclusions
  2. Recap

Adjourn

__________________________________________

[1] This executive session will be held pursuant to ORS 192.660(1)(h).


Future Environmental Quality Commission meeting dates include:

December 13 – 14, 2007 in Portland
February 21 - 22, 2008
April 24 - 25, 2008
June 19 - 20, 2008
August 21 - 22, 2008
October 23 - 24, 2008
December 11 - 12, 2008

 

 

Agenda Notes

* 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 the EQC Assistant, 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 the EQC Assistant as soon as possible, but at least 48 hours in advance of the meeting.

Public Forum: The Commission will provide time in the meeting during the late morning of Wednesday, October 17, for members of the public to speak to the Commission. 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 the 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 recently retired 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.

Ken Williamson, Commissioner
Ken Williamson is head of the School of Chemical, Biological and Environmental Engineering at Oregon State University. 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 reappointed in May, 2007. He lives in Corvallis. He represents the EQC on the Oregon Watershed Enhancement Board (OWEB).

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 recently closed her law practice 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 was appointed to the EQC in August of 2005 and reappointed in July of 2007. She resides in Salem.

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 master’s 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.

 

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

Helen Lottridge, Assistant to the Commission
Telephone: (503) 229-6725