Agenda for the three hundred and sixty-ninth regular meeting
of the Oregon Environmental Quality Commission

August 23-24, 2012
DEQ headquarters, room EQC-A
811 SW 6
th Avenue
Portland, Oregon

Thursday, August 23
The commission will convene at approximately 8:30 a.m.

A. Action item: Minutes from the June 21-22, 2012, EQC meeting

Commissioners will review and take action on the draft minutes from the June 21-22, 2012, EQC meeting.
[Draft meeting minutes]

B. Informational item: Proposed 401 Water Quality Certification fee increase

DEQ staff will present an informational item about proposed fee increases for the Water Quality Division 401 Certification program.
[Staff report]

C. Hearing before the commission: Proposed 401 Water Quality Certification fee increase

The commission will preside over a hearing regarding the fee increases for the Water Quality Division 401 Certification program. Members of the public will have the opportunity to present comments on the proposed fee increase. DEQ plans to bring proposed final rules and a proposal for changes to the program’s fees for commission action at the October 2012 EQC meeting.
[There is no document for this item]

D. Informational item: Graywater program update

DEQ staff will present an update about the graywater program, which the commission approved in August 2011. The commission requested an update on the program, which permits graywater reuse and disposal systems in Oregon, after one year.
[Staff report]

Lunch and executive session
Commissioners and senior DEQ staff will meet with Oregon Department of Justice staff over a working lunch in an executive session from approximately noon to 1:30 p.m. The session will be held pursuant to ORS 192.660(2) (h).

E. Informational item: DEQ’s Central Safety Committee

Director Pedersen and DEQ staff will present this informational and recognition item. DEQ’s Central Safety Committee is comprised of DEQ employees who go above and beyond their daily work assignments to provide assurance that the agency can provide a safe and healthy work environment.
[Staff report]

F. Action item: Request for authorization to solicit approval for a bond sale – Clean Water State Revolving Fund program

DEQ staff will present a request for authorization to solicit approval for a bond sale to support the Clean Water State Revolving Fund program and provide state matching funds for federal money. Clean Water State Revolving Fund grants provide needed funding for local municipalities to maintain or upgrade wastewater facilities. If approved, DEQ must solicit approval for the bond sale through the Oregon State Treasurer’s office.
[Staff report and attachments]

G. Informational item: Budget and legislative updates

DEQ staff will present an update on DEQ’s budget development status, discuss the 2013-15 Agency Request Budget and provide updates on legislative items.
[Staff report and attachments]

H. Action item: DEQ’s 2013-15 Agency Request Budget

DEQ staff will present the agency’s 2013-15 Agency Request Budget for commission approval. The commission chair must certify the Agency Request Budget by Aug. 31, 2012, for DEQ to submit the materials to the Oregon Legislative Fiscal Office for consideration.
[Staff report and attachment]

I. Informational item: Portland Air Toxics Solutions project next steps

DEQ staff will present a report, as follow-up from the June 2012 EQC meeting, about the summary of comments and next steps for the Portland Air Toxics Solutions project. DEQ is seeking commission acknowledgement and support for this approach to implementing the PATS recommendations.
[Staff Report and attachments]

J. Informational item: Outcome-based management at DEQ

Director Pedersen and DEQ staff will present about the outcome-based management system DEQ has developed and is implementing. Commissioners are invited to attend the quarterly performance reviews at which DEQ staff review progress against the agency’s measures and prepare problem-solving plans for measures not meeting intended performance targets.
[Staff Report and attachment]

K. Informational item: Commissioner reports

Commissioners will present verbal updates on their activities of interest and relevancy to DEQ and the commission.
[There is no document for this item]

L. Recognition item: Commissioner Uherbelau’s EQC service

DEQ staff and the commission will recognize Commissioner Uherbelau for her service to EQC and Oregon environment. The August 2012 meeting is scheduled to be Commissioner Uherbelau’s last meeting, after serving on the commission since March 1, 2005.
[Staff report]

The commission will recess at approximately 5 p.m. Commissioners and some DEQ staff may attend an informal, optional and self-pay dinner in downtown Portland on Thursday evening. No commission business will be held during dinner. Public meeting law requires notice of this dinner.
  

Friday, August 24
The commissioners will reconvene at approximately 8:30 a.m.

M. Public forum

At 8:30 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 by teleconference call at one of several DEQ offices across the state. 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.
[There is no document for this item]

People wishing to present comment by telephone may do so at the Bend, Eugene, Medford or Pendleton DEQ offices.

Bend: 475 NE Bellevue, Suite 110
Eugene: 165 East 7th Avenue, Suite 100
Medford: 221 Stewart Avenue, Suite 201
Pendleton: 700 SE Emigrant, #330

N. Informational item: Oregon’s Clean Fuels Program

DEQ staff will present an informational item about the Clean Fuels Program. The 2009 Oregon Legislature authorized the commission to adopt a low carbon fuel standard, now known as the Oregon Clean Fuels Program. In April 2012, Governor Kitzhaber asked DEQ to begin the rulemaking process.
[Staff report and attachments]

O. Hearing before the commission: Oregon’s Clean Fuels Program

The commission will preside over a hearing regarding the proposed rules for the Clean Fuels Program. Members of the public will have the opportunity to present comments on the proposed rules. DEQ plans to bring proposed final rules for commission action at the December 2012 EQC meeting.
[There is no document for this item]

**Recognition item: National award from the U.S. Institute for Environmental Conflict Resolution

The commission will recognize a national award given to DEQ, EPA and the Confederated Tribes of the Umatilla Indian Reservation by the U.S. Institute for Environmental Conflict Resolution. The groups were given this award in May 2012, in recognition of their collaborative and innovative work on the 2011 toxics rulemaking and fish consumption rate process.
[There is no document for this item]

P. Informational item: Director’s dialogue

Director Pedersen will present written and verbal updates on agency, state and federal program activities of interest and relevancy to DEQ and the commission.
[Staff report]

The commission will adjourn its meeting at approximately 12:45 p.m.

2012 EQC meetings
October 25-26 – Bend
December 13-14 - Portland