Agenda for the
three hundred and sixtieth regular meeting
of the Oregon Environmental Quality Commission

Feb. 16-18, 2011
DEQ headquarters: 811 SW 6th Avenue Portland, 10th floor, room EQC-A   

Wednesday, February 16  
The commission will hold an executive session and working lunch from noon to 1:30 p.m.  

Following the working lunch, the commission will convene a hearing on water quality standards for toxics at 1:30 p.m.

1. Hearing: Water quality standards for toxics
DEQ staff will present a brief introduction of this proposed rulemaking, and the commission will hold a hearing. People wishing to comment will be asked to complete a request-to-speak form, available at the meeting, and limit their testimony on the proposed rules to approximately five minutes.  

Please note that the commission and DEQ staff will not respond directly to comments and testimony at this hearing, and all comments presented will be entered into the official rulemaking record. This proposed rulemaking is scheduled for commission action in June 2011.
[Documents]  

The commissioners and some DEQ staff will meet for an optional, informal and self-pay dinner at a restaurant in downtown Portland. This dinner is not a formal part of the meeting, but must be noticed under state public meeting law.

Thursday, February 17
The commission will reconvene at 8:30 a.m.   

  1. Action item: Approval of meeting minutes
    The commission will approve, or amend and approve with corrections, minutes from the special Nov. 18, 2010, and regular Dec. 9-10, 2010, commission meetings.
    [Documents]

  2. Informational and discussion item: Hermiston Foods
    DEQ staff will present a report and information regarding odor and nuisance complaints at a site in eastern Oregon belonging to the Hermiston Foods company.

    People who wish to comment on Hermiston Foods’ facility will have the opportunity to so during this item. People may attend the EQC meeting in-person in Portland and submit a request-to-speak form, available at the meeting, or they may offer comment by telephone at the Hermiston DEQ office, 256 East Hurlburt, Suite 117. Both offices will open at 8 a.m., and this item is scheduled to start at 8:40 a.m. 
    [Staff report]

  3. Action item: City of Portland combined sewer overflow stipulated and final amended order
    The commission will take action on a recommendation from DEQ staff and representatives from Portland Bureau of Environmental Sciences to approve the city’s post-2011 combined sewer overflow facilities plan. This plan is part of the stipulated and final amended order between EQC and Portland regarding combined sewer overflows.
    [Staff report and attachments]

  4. Action item: Ballast water management rules
    The commission will take action on a recommendation from DEQ staff to adopt revised rules for the management of ballast water.
    [Staff report and attachments]

  5. Informational item: Climate-friendly nurseries in Oregon
    Staff from the Oregon Association of Nurseries and Oregon Environmental Council will present information on the Climate Friendly Nurseries Program, a collaborative initiative among Oregon nurseries, OEC and Oregon State University for greenhouse gas reductions and more sustainable nursery operations.
    [Staff report]
     

  6. Action item: Senate Bill 737 temporary rule proposal
    The commission will take action on a recommendation from DEQ staff to temporarily revise plan development requirements for the 52 municipal facilities subject to the provisions of Senate Bill 737. The temporary revisions would remove the requirement for the facilities to create pollutant reduction plans for cholesterol and coprostanol, two pollutants that were present in all facilities’ sampled effluent but for which there are there are no feasible pollution prevention activities or cost-effective treatment options and would require an administrative process with little or no environmental benefit.
    [Staff report and attachments]
     
  7. Action item: Petition to initiate rulemaking
    The commission will take action on a petition from Idaho Power asking the commission to initiate rulemaking for a site-specific temperature criteria for fall Chinook salmon spawning in the Hells Canyon Reach of the Snake River.
    [Staff report] 

Lunch and executive session
The commission will recess for lunch and an executive session from approximately 12:20 to 1:30 p.m. The session will be held pursuant to ORS 192.660(2)(f), (h).

  1. Action item: Rule adoption for the Heat Smart program for residential woodstoves and other solid fuel burning devices
    The commission will take action on a recommendation from DEQ staff to adopt rules for the Heat Smart program. DEQ developed the proposed rules in response to the 2009 Oregon Legislature’s direction and requirements in Senate Bill 102.
    [Staff report and attachments]
     
  2. Action item: Proposed adoption of federal air quality regulations and related permit rules
    The commission will take action on a recommendation from DEQ staff to adopt amendments to Oregon’s Clean Air Act statutes to align Oregon’s rules with recent federal rule updates, a requirement of DEQ’s Clean Air Act delegation.
    [Staff report and attachments]
     
  3. Action item: 401 Certification Program fee increase
    The commission will take action on a recommendation from DEQ staff to adopt rules that increase program fees for the Water Quality Division 401 Certification Program.
    This item has been removed from the agenda

The commission will recess at approximately 4:30 p.m.


Friday, February 18
The commission will reconvene at 8 a.m.

  1. Informational item: Water quality partnership work between DEQ and Oregon Department of Transportation
    Matthew Garrett, ODOT director, will present information about water quality project partnerships between DEQ and the Oregon Department of Transportation.
    [Staff report]
  1. Public forum

    At 8:15 a.m., the commission will open public forum. This item is scheduled for 60 minutes, but time allotted may be extended or shortened at the commission’s discretion. People may present comment in-person or remotely at the Medford (221 Stewart Avenue, suite 201) or Bend (475 NE Bellevue, suite 110) offices. No comments may be presented on DEQ rulemakings for which the public comment period has closed. All people wishing to comment must complete request-to-speak forms and the commission may limit times based on the number of people wishing to comment.

     
  2. Action item: Magar contested case
    The commission will take action on a contested case related to water pollution control facility permit violations.
    [Staff report, attachments, audio]

  3. Informational item: Supplemental environmental projects
    DEQ staff will present information on supplemental environmental projects, which allow people who must pay a civil penalty for violating environmental laws to apply some of the penalty fees toward local environmental improvement projects and reduce the fees paid to the state, up to 80 percent of the total penalty owed.
    [Staff report and attachments]
     
  4. Informational item: Budget and legislative updates
    DEQ staff will present an update on DEQ’s budget development process, legislation and other related topics.
    [Staff report and attachment]
     
  5. Informational and discussion item: DEQ key performance measures
    Director Pedersen will present, and offer for commission discussion, a report on DEQ’s annual key performance measures. This presentation is in preparation for DEQ’s presentation to the Joint Ways and Means Committee of the Oregon Legislature.
    [Staff report; attachment]

Lunch
The commission will recess for an informal lunch from approximately 12:15 to 1:15 p.m.


  1. Director’s dialogue 
    Director Pedersen will present updates and information on DEQ projects and activities not otherwise presented during the course of the meeting.
    [Staff report]
     
  2. Action item: Director’s financial transactions for 2010 
    The commission will take action on a recommendation from DEQ staff to approve Director Pedersen’s financial transactions for 2010. The annual review of the director’s transactions is required by state and agency accounting rules.
    [Staff report and attachments]
     
  3. Commissioner reports
    The commissioners may present updates on any environmental issues or their other activities not discussed during the meeting.


The commission will adjourn at approximately 5 p.m.

2011 EQC meeting dates and locations
April 21-22: Western Region, location to be determined
June 16-17: Eastern Region, location to be determined
August 18-19: Western Region, location to be determined
October 20-21: Northwest Region, location to be determined
December 15-16: Portland