Oregon Environmental Quality Commission Meeting

October 22-23, 2009

Oregon Institute of Technology

Mt. Scott room in the College Union building
Klamath Falls, OR

Thursday, October 22  — Regular meeting begins at 8:30 a.m.

  1. Preliminary Commission Business: Adoption of minutes of the August 20-21, 2009 regular meeting
    The Environmental Quality Commission will review, amend if necessary and approve draft minutes of the August 20-21, 2009 regular EQC meeting.
    [August 20-21, 2009 draft minutes]

  2. Informational Item:  Update on the status of the Umatilla Chemical Agent Disposal Facility
    An update on the status of the agent disposal program at the Umatilla Chemical Agent Disposal Facility.
    Joni Hammond and Rich Duval, Department of Environmental Quality
    [Staff report]

  3. Item has been postponed until December 2009

  4. Informational item: DEQ’s toxics reduction strategy
    Staff members from the land, air and water quality divisions will present information on the agency-wide toxics reduction strategy at DEQ. The presenters will focus on three specific projects as they relate to an integrated approach to toxics reduction.
    Wendy Wiles, Neil Mullane, and staff members from the air, land and water quality divisions, DEQ
    [Staff report]

Lunch and Executive Session
The EQC will meet in executive session over lunch from approximately 12:20 to 1:35 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).

  1. Informational and Discussion Item: Oregon Toxics Report Year One (Willamette Basin)
    Staff members from DEQ’s Laboratory and Environmental Assessment Division will present a draft report of the first-year findings from a toxics project in the Willamette Basin. The commission will review the report, discuss key questions, and recommend next steps for the program’s communications and outreach plan.
    Greg Pettit and Dennis Ades, DEQ
    [Staff report, attachment A]

  1. Informational and Discussion Item: Draft Willamette Rivers and Streams Assessment Report
    Staff members from DEQ’s Laboratory and Environmental Assessment Division will present a draft of the Willamette Rivers and Streams Assessment Report. The commission will review the report, discuss key questions, and suggest feedback for the draft report and presentation.
    Greg Pettit and Aaron Borisenko, DEQ
    [Staff report; attachment A]

  2. Informational Item: Air Quality Attainment Plan in Klamath Falls
    The U.S. EPA sets the federal air quality standard for small particulate matter, known as PM 2.5. Klamath Falls is one of two communities in Oregon currently not achieving this standard, and is considered in nonattainment based on the past three years of monitoring data. DEQ is working to develop an attainment plan and associated rules over the next three years. As part of this informational item, a representative from Klamath County will discuss the county ordinance and relevant local actions for air quality attainment in Klamath Falls.
    Mitch Wolgamott, Rachel Sakata and Larry Calkins, DEQ; John Elliot, Klamath County
    [Staff report]

  3. Action Item: Clean Water State Revolving Fund Rulemaking
    The proposed rules, if approved, will make minor refinements to the temporary administrative rules for the Clean Water State Revolving Fund adopted in April 2009. These refinements would be permanent and govern the use of American Recovery and Reinvestment Act funds when those funds are utilized within the Clean Water State Revolving Fund loan program and will define the use of the funds, the types of eligible projects and activities, the allocation of the funds and specific financial terms. The proposed rules would also clarify language used for design or construction loans, and allow DEQ to more frequently update the Clean Water State Revolving Fund Intended Use Plan when necessary.       
    Neil Mullane and Judy Johndohl, DEQ
    [Staff report; attachments A, B, C, D, E and F]

  4. Town hall meeting on local environmental issues.
    The commission will open a town hall-style meeting with residents, stakeholders, local officials and other interested persons to address issues of local concern.

Recess until Friday, Oct. 23, 2009

Friday, October 23 — Regular meeting begins at 10:30 a.m.

  1. Tour
    Mitch Wolgamott, Eastern Region Administrator, will lead the commission on a tour of sites and projects of interest in the Klamath Falls area.  

    The commissioners will be on the tour from approximately 8:30 to 10:30 a.m., and will reconvene the public meeting at 10:30 a.m.

  2. Informational item: Director’s dialogue
    Director Pedersen will update the commission on current and anticipated issues at DEQ.
    [Document not yet available]

  3. 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.

Lunch Break
The commission will recess for lunch from approximately noon to 1:30 p.m. and have a government-to-government meeting with representatives from the Klamath Tribes.

  1. Action item: Mills contested case
    The EQC will hear DEQ’s contested case regarding Mr. Mills’ septic system. The EQC has the authority to hear this appeal under OAR 340-011-0575, and will hear arguments from DEQ Office of Compliance and Enforcement staff and Mr. Mills before making a decision. |
    Leah Koss and Bryan Smith, DEQ
    [Staff report; attachments A through Q]
    Please note: attachment R, the audio transcript of the contested case hearing before Judge Webster is not attached. Please contact Stephanie Clark,, the EQC assistant, if you require a copy.

  2. 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]

  3. Informational and Discussion item: Key performance measures report
    Greg Aldrich, DEQ’s government relations manager, will update the commission on DEQ’s 2009 Key Performance Measures report and status. The commissioners will discuss the report and their self-evaluations on performance measures.
    Greg Aldrich, DEQ
    [Staff report, attachment A, attachment B]

  4. Informational and Discussion Item: EQC retreat and Strategic Directions update
    Joan Stevens-Schwenger, Office of Communications and Outreach manager, and Greg Aldrich, government relations manager, will discuss with the commission ideas and proposals for moving ahead with a planning session and retreat plan.
    Joan Stevens-Schwenger and Greg Aldrich, DEQ
    [Staff report, attachments A and B]

  5. Informational item: Annual performance evaluation for DEQ director
    Joan Stevens-Schwenger, Office of Communications and Outreach manager, will introduce the process for the DEQ director’s annual performance evaluation. The Oregon Legislature passed a bill in 2007 to require annual reports on key performance measures from all state agencies. DEQ’s key           performance measures include fifteen performance measures for the EQC, which included conducting a review of the director. Director Pedersen started June 2008, and the commission agreed to evaluate him after at least one year in the position. The proposed evaluation timeline will allow for full review by internal and external stakeholders, and a final document will be issued in early 2010.
    Joan Stevens-Schwenger, DEQ
    [Staff report, attachments A, B and C]

  6. Commissioner Reports
    Commissioners will present information and updates not covered in the regular meeting agenda.

Adjourn


Future Oregon Environmental Quality Commission meeting dates include:
December 10 – 11, 2009: Portland

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 (or 711). 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, 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. 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, click here to visit the EQC homepage:
http://www.deq.state.or.us/about/eqc/eqc.htm