Oregon Environmental Quality Commission Meeting

April 28-30, 2010

Red Lion Hotel Coos Bay
South Umpqua Room
1313 N. Bayshore Drive
Coos Bay, OR    

Wednesday, April 28.

1. The commissioners will tour local sites of interest the afternoon of Wednesday, April 28. The tour is not part of the formal meeting agenda.
   
2. The commissioners will hold a town hall-style meeting at the Red Lion Hotel from 6:30 to 8 p.m. The town hall is not part of the formal meeting agenda, but summary notes will be kept and posted with the meeting minutes. Members of the public are invited and encouraged to attend and discuss any issue of concern in the Coos Bay area and engage in dialogue with the commissioners and DEQ staff. Light refreshments will be provided, and no reservation or registration is required.
   

Thursday, April 29. Regular meeting starts at 8 a.m.

1. Preliminary commission business: Review and adopt minutes of the February 18-19, 2010 regular meeting
   The Environmental Quality Commission will review, amend if necessary and adopt the minutes from the February 18-19, 2010 regular commission meeting.
   [Draft February 18-19, 2010 minutes]
   
   
2. Informational item: Status update for the Umatilla Chemical Agent Disposal Facility
   Presenters: Joni Hammond, deputy director, and Steve Potts, Chemical Demilitarization Program
   DEQ will present a general update on the status and activities at the Umatilla Chemical Agent Disposal facility since the last commission meeting in February 2010.
   [Report and acronym list]
   
   
3. Action item: Clean Water State Revolving Fund temporary rules
   Presenters: Neil Mullane and Judy Johndohl, Water Quality Division
   DEQ will present temporary rules for proposed adoption. The proposed temporary rules are required to ensure the necessary amendments for subsidization and green projects are incorporated in rule so DEQ can apply for and receive the 2010 capitalization grant of $23 million before the end of the federal fiscal year on Sept. 30, 2010.
   [Staff report and attachments]
   
   
4. Informational item: Lower Umatilla Basin groundwater management area
   Presenters: Mitch Wolgamott, Eastern Region administrator
   Oregon’s 1995 Groundwater Protection Act requires DEQ to declare a groundwater management area if groundwater contamination, resulting at least in part from nonpoint source activities, exceeds certain contamination levels. Oregon has three groundwater management areas, including the Lower Umatilla Basin area. Staff will present an update on the status of the Lower Umatilla Basin groundwater management, including information on widespread nitrate contamination of groundwater in the area.
   [Staff report]
   
   
5. Informational item: Senate Bill 737 update
   Presenters: Neil Mullane, Jennifer Wigal and Bruce Hope, Water Quality Division
   This item will update the Oregon Environmental Quality Commission on the Department of Environmental Quality’s progress in fulfilling the requirements of Senate Bill 737, regarding persistent pollutants in Oregon’s waters. Specifically, DEQ will provide background information on the status of the rulemaking and DEQ’s process for developing trigger levels, the 2010 draft report to the Legislature and the coordination with municipalities to screen wastewater treatment plant effluent for persistent pollutants.
   [Staff report and attachments]
   
   
6. Informational item: Water quality standards for human health
   Presenters: Neil Mullane and Jennifer Wigal, Water Quality Division
   DEQ will update the commission on the development of rules and other approaches for implementing revised human health water quality standards for toxic pollutants, which DEQ expects to propose for adoption in mid 2011. DEQ will ask for any additional input the commission may have on implementation policies.
   [Staff report and attachments]
   

Lunch and executive session
The commission will met in executive session from approximately 12:35 to 2:05 p.m. to consult with counsel concerning legal rights and duties regarding current or potential litigation against DEQ. This executive session is held pursuant to ORS 192.660(2)(f), (h).

AA.   Action item: Extension of industrial stormwater settlement agreement
        Presenter: Neil Mullane

The commission is a party to the settlement agreement for revising the Industrial Stormwater NPDES General Permits and must also be a party to any amendment to the agreement. DEQ and the plaintiffs agree that an extension is warranted, but the commission’s concurrence is also required to finalize the amendment.
[Staff report]

7. Informational item: Budget and legislative updates
   Presenter: Jim Roys, Management Services Division
   Staff will update the commission on the status of DEQ’s 2011-13 legislative agenda. This informational item also informs the commission of ideas DEQ is considering for legislative concepts and budget policy packages. EQC will be asked for guidance to staff as development of budget and legislative documents continues.
   [Staff report and attachments]
   
   
8. Informational item: Annual financial report
   Presenter: Jim Roys, Management Services Division
   DEQ staff will present the agency’s annual financial update, review and discuss the report with the commission and gather feedback for improvements to financial reports. EQC has three performance measures, one of which requires the commission to periodically review key financial information and audit findings, appropriately account for resources and assure that DEQ adheres to accounting rules and other relevant financial controls.
   [Staff report and annual report]
   
   
9. Informational and discussion item: EQC retreat
   Presenter: Dick Pedersen, director
   DEQ will update the commission on the planning process for a fall 2010 EQC retreat. The retreat is part of DEQ’s review and update to the agency-wide Strategic Directions document and gives the commission an opportunity to review agency priorities, direction and long-range planning. 
   [Staff report]
   
   
10. Director’s dialogue
    Presenter: Dick Pedersen, director
    Director Pedersen will update the commission on special issues and events related to DEQ but not otherwise covered during the course of the meeting’s agenda.
    [Staff report]
    

The commission will recess until Friday, April 30.

 
Friday, April 30. Regular meeting reconvenes at 8 a.m.

11. Public forum
    At approximately 8 a.m. on April 30, the commission will provide members of the public an opportunity to speak to commission members on environmental issues. Individuals wishing to speak to EQC 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.
    
    Members of the public may also offer comment by telephone conference call at DEQ’s headquarters. The conference line will be available at 8 a.m., the start of Friday’s agenda and public forum, and will be available in room EQC-A on the 10th floor of DEQ’s headquarters: 811 SW 6th Avenue in Portland. This room will open at approximately 7:50 a.m., at which time all people wishing to comment by telephone will be asked to submit a request to comment form. DEQ staff will facilitate the telephone conference call, and any written materials or comments must be submitted to DEQ staff for submission to the commission’s official record. All people wishing to comment will be limited to five minutes of speaking time.
    
    
12. Action item: Infrastructure State Implementation Plan changes
    Presenters: Andy Ginsburg and CarrieAnn Capp
    DEQ will present updates to the Oregon State Implementation Plan as proposed rule. The proposed updates are needed to ensure that Oregon has the appropriate rules, technical documentation and agreements in place to implement the federal Clean Air Act. The proposed rule revisions update Oregon’s infrastructure State Implementation Plan allowing for EPA approval and the rule package contains other proposed changes to align DEQ and EPA rules. 
    [Staff report and attachments]

This item has been postponed
   M.  Action item: Air toxics benchmarks

This item is taken out of order
   R.  Informational item: VirtualPaint demonstration

        Presenters: Keith Andersen and John Taylor

DEQ will present information on and demonstrate the use of the VirtualPaint system, an innovative training technology. Staff will explain how this portable, stand-alone virtual spray painting system will help DEQ provide instruction on the fundamentals of effective spray coating application.
[Staff report]

14. Informational item: Climate change
    Presenter: Jessica Shipley, Pew Center on Global Climate Change
    This presentation is the second in a presentation series on climate change, and will focus on the policy and politics of efforts to combat climate change. The commission will hear information on federal legislation and regulations, California's program, including AB 32, international agreements and the results of the Copenhagen meeting. The session will provide the Environmental Quality Commission with insight on the current political framework and on what to expect in the coming months.
    [Staff report]

15. Informational item: Heat Smart program
    Presenters: Andy Ginsburg and Rachel Sakata, Air Quality Division
    DEQ will present information about an upcoming rulemaking regarding the implementation of Senate Bill 102, a measure to protect Oregonians from wood smoke by accelerating the turnover of older uncertified woodstoves. EQC will not be asked to take any action at this meeting, but the discussion will help inform staff in developing the rulemaking proposal.
    [Staff report and attachment]

16. Action item: Beneficial use rules
    Presenters: Wendy Wiles and Tom Roick, Land Quality Division
    DEQ will present proposed rules to establish criteria and procedures for DEQ to approve the beneficial use of solid waste that would otherwise be disposed of at a permitted facility. The proposed rules would authorize certain “standing” beneficial uses of solid waste, and provide a clear process for DEQ to approve other beneficial uses of solid waste.
    [Staff report and attachments]

17. Informational and discussion item: Oregon Solutions
    Presenters: Greg Wolf and Steve Greenwood, co-directors of Oregon Solutions
    This item provides the commission an opportunity to meet Steve Greenwood and Greg Wolf, co-directors of the Oregon Solutions program, and discuss the current and future status of a partnership between DEQ and the program
    [Staff report and attachment]

19. Informational and discussion item: Sustainability at DEQ
    Presenters: Wendy Wiles and members of DEQ’s sustainability team
    Staff will provide the commission with an overview of DEQ’s draft sustainability plan, and discuss opportunities for future commission engagement and discussion on DEQ’s sustainability plan and implementation.
    [Staff report and attachment]

20. Action item: Horecny contested case dismissal
    Presenters: Leah Koss and Bryan Smith, Office of Compliance and Enforcement
    The commission will be asked to dismiss contested case AQ/OB-NWR-09-078 regarding Edward Clarence Horecny.
    [Staff report and attachments]

21. Action item: Pennie contested case
    Presenters: Leah Koss and Regina Cutler, Office of Compliance and Enforcement
    The commission will hear contested case LQSW-WR-07-225 regarding Dale Alan Pennie.
    [Staff report and attachments]

22. Commissioner reports
    The commissioners will share information and items that have not been covered during the regular meeting.

Adjourn

Future Oregon Environmental Quality Commission meeting dates and locations include:
June 16 and 17, 2010 - Lakeview
August 18 and 19, 2010 – Portland
October 21 and 22, 2010 - Astoria
December 9 and 10, 2010 - 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 6th Avenue, Portland, Oregon 97204; telephone 503-229-5301, or toll-free 1-800-452-4011 extension 5301 in Oregon. Please specify the agenda item letter when requesting reports. If special physical, language or other accommodations are needed for this meeting, please contact 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, April 30, 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. All agenda times are subject to change.

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