Agenda for the Oregon Environmental Quality Commission Meeting

August 18-19, 2010
DEQ headquarters: 811 SW 6th Avenue Portland, room EQC-A   

Wednesday, August 18
The commission will convene at approximately 8:30 a.m.

  1. Regular commission business: Adopt minutes of the June 16-17, 2010 regular meeting
    The commission will review and adopt the minutes from the June 16-17, 2010 regular meeting.
    [Minutes]

  2. Action item: Water quality rulemaking fee increase
    Presenters: Neil Mullane and Chris Clipper
    DEQ will propose a three percent fee increase for water quality permits, based on program funding needs and operations.
    [Staff report and attachments]

  3. Informational item: Oregon’s groundwater
    Presenter: Greg Pettit
    DEQ will present information about groundwater and groundwater quality in Oregon, sources of groundwater contamination, the regulatory and voluntary programs DEQ implements to protect groundwater quality and the relative effectiveness of those programs.
    [Staff report]

  4. Informational item: Combined sewer overflows in Astoria
    Presenters: Neil Mullane, Greg Geist and Mike Pinney
    DEQ will inform the commission of proposed amendments to the stipulation and final order between the city of Astoria and the Oregon Environmental Quality Commission regarding combined sewage overflows to Alderbrook Lagoon, Young’s Bay and the Columbia River.
    [Staff report and attachments]

  5. Action item: Noble contested case hearing
    Presenters: Leah Koss and Jeff Bachman
    The commission will hear and take action on a contested case concerning a land quality violation.
    [Staff report and attachments]
    Note: Item E has been moved to 2:30 p.m. on Thursday, August 19.

  6. Action item: Grabhorn contested case hearing
    Presenters: Leah Koss and Regina Cutler
    The commission will hear and take action on a contested case concerning land quality violations.
    [Staff report and attachments A-C3c, attachments C3d-C3e, attachments C3f-D5a, attachments D5b-1, attachments D5b-2, attachments D55c-M]

The commission will recess for a one-hour lunch at approximately 12:20 p.m.

  1. Informational item: The effects of climate change
    Presenters: Andy Ginsburg, DEQ, and Dr. Thomas Peterson, NOAA
    Dr. Thomas Peterson, research meteorologist at NOAA's National Climatic Data Center and chair of the World Meteorological Organization's Commission for Climatology, will present on the effects of climate change. This is the fourth presentation in a series of informational items on climate change.
    [Staff report]

  2. Informational item: Water quality human health criteria update
    Presenters: Neil Mullane, Jennifer Wigal and Gene Foster
    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 additional input the commission may have on implementation policies.
    [Staff report and attachments]

  3. Informational item: Agency toxics reduction strategy
    Presenters: Wendy Wiles and Kevin Masterson
    DEQ will discuss project updates regarding the development and implementation of a comprehensive toxic chemical and pollutant reduction strategy.
    [Staff report]

The commission will recess at approximately 4:50 p.m.

DEQ staff and commissioners may attend an informal dinner in downtown Portland. The dinner is not a part of the formal meeting agenda, and no commission business will be discussed.

 
Thursday, August 19
The commission will reconvene at approximately 8:30 a.m.
  1. Public forum
    Members of the public are invited to discuss any environmental issue with the commission during this time. Speakers must sign a registration sheet and are asked to limit comments to five minutes. No comments may be presented on proposed rules or actions for which the public comment period is closed. DEQ will provide opportunity for members of the public to comment by telephone at four DEQ offices across the state. People wishing to comment by telephone will be asked to sign a registration sheet. People may comment by telephone at the Bend, Hermiston, Medford and Eugene DEQ offices, which will open at 8 a.m.:
     
    Bend DEQ office
    475 NE Bellevue, Suite 110
    Bend, OR  97701
     
    Hermiston DEQ office
    256 East Hurlburt, Suite 117
    Hermiston, OR 97838
     
    Medford DEQ office
    221 Stewart Avenue, Suite 201
    Medford, OR 97501
     
    Eugene DEQ office
    165 East 7th Avenue, Suite 100
    Eugene, OR 97401

  2. Action item: Field burning rules
    Presenters: Andy Ginsburg and Brian Finneran
    DEQ will propose rules to implement 2009 legislation that greatly reduces the practice of open field burning in the Willamette Valley and establishes new rules for emergency field burning and critical non-burn areas.
    [Staff report and attachments]

  3. Informational item: Status and activity update for the Umatilla Chemical Agent Disposal Facility
    Presenters: Joni Hammond and Steve Potts, with representatives from the U.S. Army
    DEQ will update the commission on activities and projects at the Umatilla Chemical Agent Disposal Facility.
    [Staff report and attachments]

  4. Action item: 2011 Agency Request Budget certification and legislative updates
    Presenters: Greg Aldrich and Jim Roys
    DEQ will update the commission on DEQ’s 2011-13 legislative agenda and will ask Chair Blosser to certify DEQ’s Agency Request Budget on behalf of the commission.
    [Staff report]

Lunch and executive session
The commission will met in executive session from approximately 11:30 a.m. to 1 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).

  1. Action item: Air quality temporary rulemaking for PM 2.5 and ACDP
    Presenters: Andy Ginsburg, Uri Papish and Jill Inahara
    DEQ will propose temporary rules for PM 2.5 and ACDP as part of streamlining and efficiency measures for the Air Quality Division.
    [Staff report and attachments]

  2. Action item: Air quality toxics benchmark concentrations rulemaking
    Presenters: Andy Ginsburg and Gregg Lande
    DEQ will propose rules for several air toxics benchmark concentrations, based on a review of existing benchmarks, consultation with DEQ’s Air Toxics Science Advisory Committee and federal updates.   
    [Staff report and attachments]

  3. Informational item: Director’s dialogue
    Presenter: Dick Pedersen
    Dick Pedersen, DEQ director, will share updates on various DEQ programs and projects, relevant environmental actions at the state and federal level and other topics of interest to the commission.
    [Staff report]
    Note: Item P has been moved to 10:20 a.m. on Wednesday, August 18.

  4. Commissioner reports
    The commissioners will share any updates or information not discussed during the regular meeting agenda.

The commission will adjourn at approximately 3:45 p.m.


Agenda Notes
 Future Oregon Environmental Quality Commission meeting dates and locations include:
October 20-22, 2010 - Portland
December 9 and 10, 2010 - Portland

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 during the morning of Thursday, August 19, for members of the public to speak to the commission. The public forum will begin at 8:30, and individuals wishing to speak to the commission must sign a request form at the meeting and limit presentations to five minutes. People wishing to comment may do so in-person at DEQ’s headquarters, or by telephone conference line at four DEQ offices across the state:

Bend DEQ office
475 NE Bellevue, Suite 110
Bend, OR  97701
 
Hermiston DEQ office
256 East Hurlburt, Suite 117
Hermiston, OR 97838
 
Medford DEQ office
221 Stewart Avenue, Suite 201
Medford, OR 97501
 
Eugene DEQ office
165 East 7th Avenue, Suite 100
Eugene, OR 97401

Each office will open at 8 a.m., and DEQ staff will facilitate the registration for people wishing to comment. 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