World Trade Center
121 SW Salmon Street
Sky Bridge A/B Conference Room
Portland, Oregon
 

Thursday, June 21—Regular meeting began at 9:00

Commissioners present were: Lynn Hampton, Donalda Dodson, Kenneth Williamson and Judy Uherbelau. Commissioner Bill Blosser was unable to attend.

1. Preliminary Commission Business: Adoption of Minutes of the April 19 - 20, 2007 Meeting
   The Commission will reviewed and approved the minutes of the April 19 - 20, 2007, Commission meeting.
    
2. Informational Item: Update on the Status of the Umatilla Chemical Agent Disposal Facility (UMCDF)
   Joni Hammond, DEQ Eastern Region Division Administrator, and Rich Duval, Administrator of DEQ’s Chemical Demilitarization Program gave an update on the status of recent activities at the Umatilla Chemical Agent Disposal Facility (UMCDF). In August 2004, the Commission gave approval to start chemical weapon destruction at UMCDF and DEQ's Chemical Demilitarization Program continues close oversight of work at the facility.
    
3. Informational Item: Recognition of DEQ Employee Greg Geist’s Heroism Award
   The Commission recognized Greg Geist’s heroism award from the City of Portland Police Department. He aided officers in the apprehension of a subject who was armed and had shot at an officer. He assisted the police in locating the suspect, putting himself in personal danger in the process.
    
4. Rule Adoption: Oregon Title V Operating Permit Program: Consumer Price Index Fee Increase for Fiscal Year 2008 (July 1, 2007 – June 30, 2008)
   This item was pulled from the agenda and will be heard during the August 16, 2007 meeting.
    
5. Informational Item: Follow Up on Implementation of the EQC Involvement Report and Watch List of Emerging Issues.
   In December of 2006, the Department of Environmental Quality presented a report and recommendation for supporting and ensuring the Environmental Quality Commission’s desired level of involvement in the policy and direction of the agency. The Department provided a status report and asked for feedback from Commissioners about implementation of actions. Commissioners indicated satisfaction with implementation steps to date and commented that it is helpful to be current on performance measures results, legislative and budget issues. During the December discussion, the Commission also directed the Department of Environmental Quality to maintain a Watch List of Emerging Issues and to apprise the Commission on what actions the DEQ can provide within the current level of resources. The Department updated the Commission on the Watch List during this discussion. Commissioner Williamson noted that the Commission wants to be proactive, and that he is pleased with the Watch List of Emerging Issues.
    
6. Rule Adoption: Water Quality Permit Fee Increase and Criteria for Termination of Septic Permits
   This rulemaking provides fee revenue for administering DEQ’s National Pollutant Discharge Elimination System (NPDES) and Water Pollution Control Facility (WPCF) permit programs, and simplifies regulation of onsite septic systems. The Commission reviewed and discussed the proposed rule. Commissioner Ken Williamson moved to adopt the rule as set out in Attachment A to the staff report. Commissioner Donalda Dodson seconded the motion, which then passed unanimously.

Working Lunch
The Commission held an Executive Session from 12:15 p.m. to 1:30 p.m. to consult with counsel concerning legal rights and duties regarding current or potential litigation against the DEQ^[2].

7. Rule Adoption: Redesignation of the Salem-Keizer Carbon Monoxide Nonattainment Area
   Carbon monoxide (CO) is a colorless, odorless, poisonous gas produced by incomplete combustion. The Salem-Keizer area easily meets the National Ambient Air Quality Standards (NAAQS) for CO and has done so for over twenty years. However, until this Commission meeting, the area still carried its initial nonattainment area designation and was subject to requirements meant for areas with high CO levels. This CO Maintenance Plan demonstrates to the public that CO levels have been and are expected to remain well within public health standards. The plan also allows the Environmental Protection Agency (EPA) to lift the nonattainment designation for the Salem area and redesignate the area to attainment for CO. Under Oregon law, the Salem-Keizer area becomes a CO maintenance area. Redesignating the area to attainment also changed the emission control requirements for new and expanding industry away from the most stringent controls possible to requirements more appropriate for areas with good air quality. Redesignation also simplifies local transportation planning requirements for evaluating air quality impacts of new transportation projects. After the Commission reviewed and discussed the Department’s recommendation, Commissioner Donalda Dodson moved to adopt the Salem-Keizer CO Maintenance Plan as a revision to the State Implementation Plan as presented in Attachment A to the staff report, and to request that the Environmental Protection Agency (EPA) redesignate the area to attainment for carbon monoxide. The motion was seconded by Commissioner Ken Williamson, and carried unanimously.
    
8. Action Item: Amendment to Extend Memorandum of Understanding for Confined Animal Feeding Operations
   The Confined Animal Feeding Operation (CAFO) permitting program protects water quality by preventing CAFO wastes from contaminating surface and ground water. In Oregon, wastewater discharges from CAFOs are co-regulated under a Department of Environmental Quality (DEQ) permit administered by the Oregon Department of Agriculture (ODA) under the terms of a Memorandum of Understanding (MOU).
   
   The current MOU authorizing ODA to administer the requirements for the National Pollutant Discharge Elimination System (NPDES) permitting program related to CAFOs expires on June 30, 2007. This amendment extends the MOU until June 30, 2009. By that time, DEQ and ODA intend to renew the existing CAFO NPDES General Permit and modify the MOU as needed to address any changes in permitting approach. Extending the current MOU authorizes ODA to continue administering the NPDES permitting program as provided under Oregon Revised Statute 468B.217 and 2001 Oregon laws Chapter 248.
   
   Katy Coba, Director of the ODA and Lisa Hanson, Deputy Director of the ODA, explained the CAFO Program to the Commission and emphasized the shortage of resources as well as the importance of increasing partnering between the two agencies.
   
   Regina Chichizole of the Klamath Riverkeeper organization commented to the Commission that the regulation of CAFOs under the ODA is not working and that there is no enforcement on the Klamath and Lost Rivers. She wants the Commission to allow DEQ to have as much oversight as possible over CAFOs in the Klamath Basin.
   
   Commissioner Ken Williamson would like DEQ to come to the Commission once a year to give an assessment report to the Commission on how the CAFO program is working.
   
   Commissioner Ken Williamson moved to extend the October, 2002 Memorandum of Understanding between the Oregon Department of Agriculture and the Oregon Department of Environmental Quality to June 30, 2009. Commissioner Judy Uherbelau seconded the motion, which then passed unanimously.
    
9. Action Item: Request from U.S. Army Corps of Engineers for Renewal of a Waiver to the Total Dissolved Gas Water Quality Standard on the Columbia River
   When water plunges over the spillway of a dam additional air is forced into the water. This results in an amount of total dissolved nitrogen and oxygen gasses that is greater than the saturation amount (greater than the maximum amount which can remain dissolved in water for a long period). Over time, the excess dissolved gas will return to the atmosphere. Until then, the water is "supersaturated” with dissolved gas and can be harmful to fish and other aquatic life. Total dissolved gas is measured in terms of the percentage of gas in excess of the saturation amount.
   
   Oregon adopted the US Environmental Protection Agency’s total dissolved gas standard of 110% of saturation. The 110% of total dissolved gas protects beneficial uses of the Columbia River, including protection of aquatic life and fish, such as endangered and threatened salmonid species.
   
   On November 30, 2006 the Department received a proposal from the U.S. Army Corps of Engineers (ACOE), with USFWS and NOAA Fisheries, requesting a renewal of the waiver to the State’s total dissolved gas standard. The two current USFWS and ACOE waivers are being combined into one. The current total dissolved gas waiver issued in 2003 for a five-year period will expire at midnight on August 31, 2007.
   
   The Commission heard presentations from the DEQ, the Army Corps of Engineers and the US Fish and Wildlife Service, followed by public comment.
   
   Tom Haymaker commented that he supports spill and forebay monitoring, and also 115% in the forebay and 120% in the tailrace.
   
   Terry Flores of the Northwest River Partners voiced support of the spill recommendation and keeping the forebay monitors, but does not support the Spring Creek Hatchery spill.
   
   Liz Hamilton of the Northwest Sportfishing Industry Association supports spill but does not like forebay monitoring. She supports the Spring Creek Hatchery spill.
   
   Rhett Lawrence of Save Our Wild Salmon supports spill and wants to have forebay monitoring discontinued.
   
   James L Buchul of Murphy and Buchul Law firm commented that today, there is higher survival of fish through turbines than over spillways. He left materials for the Commission.
   
   John Saven of Northwest Requirements Utilities supports adoption of the waiver. He believes monitors should be maintained in both places.
   
   Shauna McReynolds of PNUCC supports the DEQ recommendation with a couple of modifications. She questions whether the Spring Creek Hatchery spill is necessary, and commented that when the monitoring is manipulated, it is just like changing the standard.
   
   Bo Downen of the Public Power Council believes the waiver is in excess of state standards and does not support increasing the total dissolved gas or increasing the spill. Instead, support cooperation within the region.
   
   The Commission extended the waiver for two more years and directed the DEQ to begin using an Adaptive Management Process that will, in part, look into the forebay monitoring as soon as possible.

Friday, June 22—Regular meeting begins at 9:00

10. Action Item: Contested Case No. WQ/D-ER-06-054 regarding Shilo Management Corporation
    On April 28, 2006, the Department issued Shilo Management Corporation (Respondent) a Notice of Violation, Department Order and Assessment of Civil Penalty (Notice and Order, Attachment K) alleging three violations. On May 12, 2006, Respondent appealed the Notice and Order, and a contested case hearing was held on October 17, 2006. The ALJ issued an Amended Proposed Order (Attachment G) on November 20, 2006, and on December 15, 2006, the Department appealed the Amended Proposed Order.
    
    The Department was represented by Bryan Smith, Environmental Law Specialist and Jane Hickman, Administrator of the Office of Compliance and Enforcement. The Respondent did not appear.
    
    The Department of Environmental Quality recommended that the Commission issue a Final Order modifying the Conclusions of Law in the Administrative Law Judge’s Amended Proposed Order by:

• Concluding that the installation of the two on-site systems constitutes two separate violations, each subject to a separate penalty, and finding that the penalty for Violation 2 should be $1,500; and
• Concluding that Respondent acted with negligence or constructive knowledge of the provisions of the special condition of its permit and that the penalty for Violation 3 should be $625 consistent with the Notice and Order.

The Commission discussed the issues at length and posed a number of questions to Department staff.

Commissioner Ken Williamson moved to support the Department and to conclude that the installation of the two separate systems constitutes two separate violations, each subject to a separate penalty, and finding that the penalty for Violation 2 should be $1,500. Commissioner Donalda Dodson seconded the motion. The motion carried three to one with Commissioners Ken Williamson, Lynn Hampton and Donalda Dodson voting yes and Commissioner Judy Uherbelau voting no.

Commissioner Judy Uherbelau moved to increase the penalty for Violation 3 from $500 to $625. Commissioner Donalda Dodson seconded the motion, which then passed unanimously.

The Commission then directed counsel to prepare a final order for the Chair's review and signature.

11. Public Forum
    The Commission provided members of the public an opportunity to speak on environmental issues that were not part of the agenda, or for which there was otherwise no public testimony at the meeting. (In accordance with ORS 183.335(13), no comments may be presented on Rule Adoption items for which public comment periods have closed.)
    
    Kristen Monsell of the NEDC expressed remaining concerns about mercury from Ash Grove Cement, especially for children. The substance is bio-accumulative and is active for 10,000 years. She requested that the EQC take an active role to ensure that the DEQ analysis is rigorous.
    
    Anthony Bieda of Lane County presented a petition to the Commission to ban field burning. (Note: this document is on file at DEQ)
    
    Mark Riskedahl of Northwest Environmental Defense Center noted appreciation for the EQC’s commitment to public involvement. He supports the Lane County petition on field burning.
    
    Rob Rockstroh of Lane County voiced support for the ban on field burning.
    
    Brenda Wilson, Intergovernmental Relations Manager for the City of Eugene supports the ban on field burning. She also distributed a letter from Eugene Mayor Kitty Piercy supporting Lane County’s request to issue a moratorium on all open field burning, propane flaming, stack and pile burning in the Willamette Valley for the 2007 and 2008 burning seasons.
    
    Dan Galpern, Attorney with the Western Environmental Law Center urged the Commission to end field burning in the Willamette Valley. He voiced concern for public health, and presented the Commission with a written copy of his remarks. He also presented a letter from Kenny Moore of Eugene, who is a biographer of Bill Bowerman and Steve Prefontaine, in support of a ban.
    
    Lisa Arkin, Executive Director of the Oregon Toxics Alliance, supported the ban and expressed concern about children having scarred lungs as a result of smoke inhalation.
    
    Marie Bowers, a senior at Washing State University and a fifth generation grass seed farmer in Linn and Lane Counties, testified that there are no proven sustainable options to field burning. She commented that turning soil creates dust and fossil fuel particles. She provided a written copy of her remarks.
    
    Dave Nelson of the Oregon Seed Council testified in opposition of the petition. He stated that this is a legislative matter, and that the seed farmers do not exceed standards. They receive few complaints. Mr. Nelson also indicated that smoke from field burning pales in comparison to that produced by wood stoves and fireplaces. Mr. Nelson provided written information.
    
    Don Haagensen, Legal Counsel for the Oregon Seed Council, noted that three agencies control burning. There are intricate regulations to allow necessary burning to go on. Mr. Haagensen asserted that the petition asks the EQC to second-guess the legislature, and that the petition for rulemaking letter does not comply with the statute and rules.
     
12. Informational Item: City of Portland Combined Sewer Overflow (CSO) Control Program: Presentation by the City on Current Activities
    A large part of the City of Portland is served by a combined sewer system that historically discharged large quantities of untreated sewage and storm water to the Columbia Slough and the Willamette River during most rain events. Such overflows are a significant public health and water quality concern.
    
    In 1991, the Commission and the City entered into a legal agreement (Stipulation and Final Order, or SFO) which established the framework for a twenty-year CSO control program that would drastically reduce overflow frequency and volume. The agreement was amended in 1994 (the ASFO).
    
    The City of Portland provided the Commission with up-to-date information on the implementation of its Combined Sewer Overflow (CSO) control program. Mr. Dean Marriott, Director of the City of Portland Bureau of Environmental Services focused on major current construction activities and the successful functioning of the recently completed west side Willamette control facilities.
     
13. Action Item: Pollution Control Tax Credit Considerations
    The Commission’s certification entitles the Oregon taxpayer to subtract up to 35 percent of the cost of a pollution control facility from their Oregon tax liability. The Commission reviewed current applications. Commissioner Donalda Dodson moved to approve pollution control tax credits as set out in Attachment A to the staff report. Commissioner Ken Williamson seconded the motion, which then passed unanimously.
     
14. Informational Item: Director’s Dialogue and Update on Budget and Legislative Outcomes
    Stephanie Hallock, Greg Aldrich and Andree Pollock discussed current events and issues involving the Department and provided a budget and legislative update to the Commissioners.
     
15. Commissioners’ Reports
    Commissioner Ken Williamson reported that the Oregon Watershed Enhancement Board (OWEB) has an increase in lottery funds, and is looking at funding some large projects. A task force will look at potential projects. One consideration is the City of Eugene cooling water from processes to lower the temperature in the Willamette River.
    
    Commissioner Williamson also noted that there is an excess of fuel loads in forests after fires, which has an impact on water quality. About 30-40 million acres in Oregon need to be treated, which is a huge operation that could affect Oregon for the next thirty years or so.
    
    With the increased burning of ethanol, Air Quality programs will have to follow what the effects are on ozone. In the grand scheme of things, ethanol is may be no cleaner than gasoline depending upon climatic conditions and air stagnation . The Commission is interested and wants to hear more as we go along.

Adjourn