Oregon Environmental Quality Commission Meeting

December 10-11, 2009

DEQ Headquarters, 10th floor, room EQC-A
Portland, OR  

Note: a number of the agenda items for this meeting have been rescheduled or will be taken out of order.
Please review the information below for the updated schedule

Thursday, December 10 — Regular meeting begins at 8:30 a.m.
  1. Preliminary commission business: Adoption of minutes of the October 22-23, 2009 regular meeting
    The Environmental Quality Commission will review, amend if necessary and approve draft minutes of the October 22-23, 2009 regular EQC meeting. 
    [Draft October 22-23, 2009 minutes]

    This item is taken out of order

  1. Informational item: Best available technology for the treatment of spent carbon at the Umatilla Chemical Agent Disposal Facility
    DEQ must determine the best available technology for treatment of spent carbon, including spent sulfur-impregnated carbon used to capture mercury emissions, at the Umatilla Chemical Agent Disposal Facility. The commission will be asked to review and possibly approve the determination in early 2010.
    Joni Hammond and Rich Duval, Department of Environmental Quality
    [Staff report; status update; attachment A and B]

    2. This item is taken out of order

  2. Action item:  Tax credits approval
    The Pollution Control Facilities Tax Credit regulations direct 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
    [Staff report; attachment A]

    3. This item is taken out of order

  3. Informational item: Oregon’s Middle Columbia Steelhead Recovery Plan
    Oregon finalized its the Conservation and Recovery Plan for Endangered Species Act-listed Middle Columbia Steelhead in September 2009, and this item will update the commissioners on the plan and DEQ’s role to help implement this plan for recovery.
    Suzanne Knapp, Governor’s Office of Natural Resources
    [Staff report]

  4. Informational Item: Update on the memorandum of understanding between EQC and the Oregon Department of Agriculture for CAFOs
    The Oregon Department of Agriculture operates the confined animal feeding operations permit program under a memorandum of understanding between EQC and ODA. In order to continue the Oregon Department of Agriculture’s authority for the CAFO permit program, a new memorandum of understanding must be in place before the current agreement expires on February 28, 2010.
    Neil Mullane and Beth Moore, DEQ
    [Staff report; attachment A, attachment B, attachment C, attachment D, attachment E]

  1. Informational Item: Annual Rulemaking Agenda
    DEQ’s rule coordinator will present the 2010-11 rulemaking agenda for commission review and discussion. DEQ prepares and updates biennial rulemaking plans on an annual basis, and submits the plans to EQC so that the commissioners can identify rulemaking efforts that will benefit from additional EQC involvement and guidance.
    Maggie Vandehey and division administrators, DEQ
    [Staff report, attachment A, attachment B, attachment C]

Lunch and Executive Session

The commission will meet in executive session from approximately 12:15 to 1:45 p.m. to consult with counsel concerning legal rights and duties regarding current or potential litigation against DEQ. Only representatives of the media may attend and media representatives may not report on any deliberations during the session. This executive session will be held pursuant to ORS 192.660(2)(f), (h). The public meeting will reconvene at 1:45 p.m.

  1. Action Item: Streamlining water quality permit adoptions
    DEQ is proposing to revise a section of Oregon Administrative Rule 340-045-0033, which allows DEQ to issue general permits by department order to reduce permitting timeframes and costs. The revision provides for the transition of EQC-adopted permits as they are replaced by permits issued by department order. This rulemaking also includes several revisions to the text as matters of housekeeping.
    Neil Mullane and Beth Moore, DEQ
    [Staff report and attachments A, B, C, D, E and F]

  2. Action Item: Restoration of the Onsite Program  
    This proposed rulemaking increases fee revenue for administering DEQ’s Onsite Wastewater Management Program. DEQ operates the program in 14 direct-service counties in Oregon, with the remaining 22 counties operating under contract with DEQ.
    Neil Mullane, Mike Kucinski and Randy Trox, DEQ
    [Staff report and attachments A1, A2, B, C, D, E, F, G and H]

  3. This item has been removed from the meeting agenda.

  4. This item has been removed fro the meeting agenda.

    5. This item is taken out of order

  5. Informational item: DEQ bottled water study
    DEQ periodically uses life cycle assessments to help determine the potential environmental impacts of products, processes or services through production, usage and disposal. Such assessments help DEQ estimate, for example, possible impacts on emissions of greenhouse gases and toxic pollutants, and help provide useful information to both consumers and producers of goods. DEQ commissioned a study to assess the life cycle environmental impacts of drinking water delivery systems, and found that the results support DEQ’s Strategic Directions and principle of reduction and reuse before recycling.
    Wendy Wiles, Loretta Pickerell, David Allaway and Abby Bourdouris, DEQ
    [Staff report, attachment A]

    6. This item is taken out of order

  6. Informational item: Upcoming legislative sessions and budget
    Greg Aldrich, DEQ’s government relations manager, will update the commission on the 2010 interim legislative session and initial planning for the 2011-2013 legislative session and budget.
    Greg Aldrich, DEQ
    [Staff report, attachment A]  

Recess until Friday, Dec. 11, 2009


Friday, December 11 — Regular meeting begins at 9 a.m.

The commissioners meet in executive session from approximately 8 to 9 a.m., and will reconvene the public meeting at 9 a.m.

  1. Public forum
    At approximately 9 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.

    2. This item is taken out of order

  2. Action Item: NESHAP rulemaking, phase two
    These proposed rules are important to protect human health, ensure that Oregon implements federal programs that regulate hazardous air pollutants and new sources, and improve Oregon’s implementation of these programs. The proposed rules include an update to Oregon’s Clean Air Act State Implementation Plan, align DEQ rules with federal standards, establish simplified permit and registration requirements, improve compliance and correct and clarify errors in current rules.
    Andy Ginsburg and Jerry Ebersole, DEQ
    [Staff report and attachments A, B, C1, C2, C3, D, E, F and G]

  3. Informational item: Director’s dialogue
    Director Pedersen will update the commission on current and anticipated issues at DEQ.
    [Staff report]

  4. This item has been removed from the meeting agenda

  1. Action item: Greenhouse gas fee rulemaking
    The Environmental Quality Commission adopted greenhouse gas reporting rules in 2008. Recent legislation authorized EQC to establish fees to cover the anticipated costs of developing and implementing Oregon’s reporting program. This temporary rulemaking proposes fees to cover DEQ’s costs in 2010 for the greenhouse gas reporting program.
    Andy Ginsburg and Andrea Curtis, DEQ
    [Staff report, attachment A, attachment A1, attachment B, attachment C, attachment D, attachment E, and attachment F]

  2. Commissioner reports
    Commissioners will present information and updates not covered in the regular meeting agenda.

Lunch Break and Executive Session

The commission will meet in executive session from approximately 12:15 to 1:45 p.m. to discuss the annual performance evaluation for Director Pedersen. The public meeting will adjourn at approximately 1:45 p.m.

 

Adjourn


Future Oregon Environmental Quality Commission meeting dates include:
 February 18 and 19, 2010
April 29 and 30, 2010
June 16 and 17, 2010
August 18 and 19, 2010
October 21 and 22, 2010
December 9 and 10, 2010

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 Oregon Telecommunications Relay Service 1-800-735-2900. 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 morning of Friday, December 11, 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. 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.

For more information, visit the EQC homepage:
http://www.deq.state.or.us/about/eqc/eqc.htm