October 23, 2008
Preliminary Commission Business: Adoption of Minutes of the August 21-22, 2008
Regular Meeting
The Environmental Quality Commission will review, amend if necessary, and
approve draft minutes of the August 21-22, 2008, regular EQC meeting.
[Attachments:
Draft August 21-22 minutes]
Informational Item: Update on the Status of the Umatilla Chemical Agent
Disposal Facility (UMCDF)
Joni Hammond, Department of Environmental Quality Deputy Director, and Rich Duval, Administrator of DEQ’s Chemical Demilitarization Program, will give an update on the status of recent activities at the Umatilla Chemical Agent Disposal Facility. In August 2004, the EQC 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 Rich Duval, Department of Environmental Quality
[Attachments]
Rule Adoption Item: Greenhouse Gas
Reporting
The 2007 Oregon Legislature established greenhouse gas reduction goals for
Oregon (House Bill 3543). Governor Kulongoski sent a letter to the EQC in July
2007 requesting the Commission to consider adopting GHG reporting rules as soon
as possible. If adopted, the proposed greenhouse gas reporting rules would
assist Oregon policy makers in tracking emissions and evaluating and developing
strategies to achieve greenhouse gas reduction goals. The proposed rules would
require sources emitting at least 2,500 metric tons of carbon dioxide
equivalents per year to register and annually report direct greenhouse gas
emissions to DEQ.
Andy Ginsburg, Uri Papish and Brandy Albertson, Department of Environmental
Quality
[Attachments]
Informational Item: Director’s Dialogue
Dick Pedersen, DEQ Director, will discuss current events and issues involving
DEQ.
Action Item: Request for dismissal of contested case No. AQ/AB-WR-06-264,
regarding Keith Michael Smith
The EQC will consider a request to dismiss contested case No. AQ/AB-WR-06-264,
as filed by the DEQ’s Office of Compliance and Enforcement on August 26, 2008.
The EQC may dismiss the Petition for Commission Review submitted by Keith
Michael Smith due to his failure to timely submit written exceptions and brief
or a request for extension. Alternatively, the Commission may schedule the case
for a future EQC meeting.
Jane Hickman and Brian Smith, Department of Environmental Quality
[Attachments]
Public Forum
At approximately 11:30 a.m., the EQC will provide members of the public an
opportunity to speak to Commission members on environmental issues. Individuals
wishing to speak to the EQC must sign a request form at the meeting and limit
presentations to five minutes. The EQC 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.
Working Lunch
The EQC will meet in executive session from approximately 12:00 p.m. to 1:00
p.m. 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]
Action Item: Oregon’s Fish Consumption Rate – For Use in Setting Water
Quality Standards for Toxic Pollutants
Oregon’s water quality standards contain
criteria designed to protect human health from toxic pollutants that may
occur in the water we drink and accumulate in fish. A key component of the
human health criteria is the fish consumption rate, which is intended to
reflect how much fish people eat. Recognizing that many Oregonians actually
eat more fish and shellfish than the current fish consumption rate, over the
last two years DEQ has collaborated with the Confederated Tribes of the
Umatilla Indian Reservation and the U.S. Environmental Protection Agency
Region 10 on a project to reconsider the fish consumption rate. At the
October meeting DEQ will ask the EQC to provide direction to the Department
on revising the rules for Oregon’s water quality standards based on a
recommended fish consumption rate.
Neil Mullane, Department of Environmental Quality; Mike Gearhead, EPA
Region 10; Rick George, Confederated Tribes of the Umatilla Indian
Reservation
[Attachments]
Action Item: Tax Credit Considerations
The Pollution Control Facilities Tax Credit regulations direct the EQC to
“certify a pollution control, solid waste, hazardous waste or used oil facility
or portion thereof if the Commission finds that the facility qualifies as a
pollution control facility.” EQC certification entitles an Oregon taxpayer to
subtract up to 35 percent of a facility’s cost from its Oregon tax liability.
Maggie Vandehey, Department of Environmental Quality
[Attachments]
Rule
Adoption Item: Expedited Enforcement Offers
These proposed rules would allow DEQ to use expedited
enforcement offers, or EEOs, to settle violations of environmental law that
do not result in a significant adverse impact on human health or the
environment. DEQ expects to achieve faster compliance with state
environmental laws using EEOs, as well as greater deterrence for future
violations because inspectors will be able to spend more time in the field.
Jane Hickman, Courtney Brown and Les Carlough, Department of
Environmental Quality
[Attachments]
Discussion Item: Design of New Annual Financial Report by DEQ to EQC
At the August 2008 meeting, the EQC completed a self assessment of its 15 best
practices, and indicated its interest in establishing a more detailed and
structured approach to the financially-oriented performance measures. This
discussion item will seek comment and suggestions from the EQC on a new Annual
Financial Report that would be used to provide information for three of the
EQC’s performance measures.
Jim Roys, Department of Environmental Quality
[Attachments]
Informational Item: Proposal for PGE Boardman BART and Overview of 2008 Oregon
Regional Haze Plan
Regional haze is air pollution comprised of small particles that travels long
distances and reduces color, clarity, and visibility. The main haze-forming
pollutants are organic and elemental carbon (i.e. smoke and soot), sulfate and
nitrate particles, and fine dust. This agenda item will inform the EQC about an
upcoming rulemaking regarding the proposed 2008 Oregon Regional Haze Plan,
developed in accordance with the EPA’s Regional Haze Rule (1999). DEQ staff will
also provide information on the Department’s rule proposal for emission controls
through implementation of Best Available Retrofit Technology at the PGE Boardman
electric generating facility.
Andy Ginsburg and Brian Finneran, Department of Environmental Quality
[Attachments]
Adjourn
[1] This executive session will be held pursuant to ORS 192.660(2)(f), (h).
Future Environmental Quality Commission meeting dates include:
December 11 - 12, 2008 (Hillsboro, DEQ Laboratory)
February 26 – 27, 2009
April 23 – 24, 2009
June 18 - 19, 2009
August 20 – 21, 2009
October 22 - 23, 2009
December 10 – 11, 2009
(Note: Locations for 2009 meetings have not yet been determined.)
Agenda Notes
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 503-229-5301, toll-free 1-800-452-4011 extension 5301, 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 afternoon of Thursday, October 23, 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.
Bill Blosser, Chairman
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.
Ken Williamson, Vice Chairman
Ken Williamson is head of the School of Chemical, Biological and Environmental
Engineering at Oregon State University in Corvallis. 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 Portland. 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 reappointed in June 2008. She 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.
Jane O’Keeffe, Commissioner
Jane O’Keeffe has been an operating partner in the O’Keeffe Family Ranch, a
fourth-generation cattle operation in Adel, near Lakeview, for more than 25
years and has served as partner in the Campbell Crossing Ranch in Kimberly since
2007. She has served as a member and co-chair of the Oregon Watershed
Enhancement Board and has been active in other local natural resource boards
involving forest lands and sustainability. Her public service also includes work
as consultant to the National Forest Counties and Schools Coalition and seven
years as a Lake County commissioner. Jane has a bachelor’s degree in agriculture
and resources economics from Oregon State University. Commissioner O’Keeffe was
appointed to the EQC in June 2008. She is a native of northeast Oregon and
resides in Adel.
Dick Pedersen, 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
Stephanie Clark, Assistant to the Commission
Telephone: (503) 229-5301