Oregon EQC Special Meeting Minutes

Oregon Environmental Quality Commission

Minutes of Special Meeting and Public Hearing
Concerning Proposed Oregon Regional Haze Plan and PGE Boardman BART Rulemaking

January 6, 2009
6:00 p.m.
Oregon Department of Environmental Quality Headquarters
811 SW 6th Avenue, Portland, OR
Room EQC-A, 10th floor

The following members of the Oregon Environmental Quality Commission were in attendance:

Kenneth Williamson, Vice Chair
Donalda Dodson, Commissioner
Jane O’Keeffe, Commissioner

A question and answer period followed the presentation, with time for clarifying questions only. Linda Hayes-Gorman then opened the public comment period at 6:47 p.m. and eleven people gave verbal testimony.

Arya Behbehani-Divers, Manager of Environmental Services at PGE, gave a brief presentation regarding the proposed Oregon Regional Haze Rule and PGE Boardman BART rules. In her comments, she indicated that PGE agrees with some of the determinations made by DEQ in regard to nitrous oxides and sulfur dioxides, but only in the Boardman plant is to stay open past 2040. Ms. Behbehani-Divers noted PGE’s objections to the goals and dates established for a reasonable progress milestone in 2017 relating to the proposed Oregon Regional Haze Plan

Bob Elliot, Washington’s Southwest Clean Air Agency, distributed a handout from SWCAA and summarized its major points. Mr. Elliot requested that DEQ reject PGE’s amendments to the proposed rules and shorten the proposed timelines for implementation of various pollution controls at PGE’s Boardman plant.

Jan Groh, a citizen, noted her support for immediate closure of the PGE Boardman plant, with the $471 million that would have been used for BART controls to be invested in energy efficiency and renewable energy programs. She also stated that if the choice is to keep the Boardman plant open or start importing liquefied natural gas, she supports the use of domestic coal and new blue-green algae technologies being developed in Oregon to sequester emissions over the use of foreign liquefied natural gas.

David Rupar, a citizen, also supported the immediate closure of the Boardman plant with investment in renewable energy and energy efficiency programs. He stated he would rather pay a higher electricity rate for clean air and shut the Boardman plant as soon as possible.

Michael Lang, Friends of the Columbia Gorge, submitted written comments on behalf of Friends of the Columbia Gorge and noted that the Gorge is not a Class I area, which are the areas intended to be protected by the proposed Regional Haze Rule, but has the same qualities of a Class I area. Mr. Lang noted that Friends of the Columbia Gorge supports adoption of the proposed Oregon Regional Haze Plan and rules, with more stringent controls and/or a requirement for early closure of the PGE Boardman plant, which he stated has never been compliant with the Clean Air Act.

Alan Edwards, a citizen, submitted some supporting materials, and will send more before the end of public comment period, regarding an alternative retrofit technology for nitrous oxide and sulfur dioxide emissions at the PGE Boardman plant. He stated that the technology, known as a cloud chamber scrubber, has proved successful in a variety of applications and is cost-effective

Gordon Fulks, a citizen, stressed the need for DEQ to recognize its own and others’ programs that might require the PGE Boardman plant to shut down on a more accelerated timeline than the BART determinations take into account. Mr. Fulks questioned DEQ’s use of “deciview,” the level at which changes in visibility are noticeable to the human eye and liked to the auditory measurement of decibel, as a non-linear measurement that was compared with other linear measurements in Mr. Finneran’s presentation. Mr. Fulks stated that he wants better forest management practices and plans to deal with wildfire and prescribed burning haze issues and asked what the percentages of visual improvements will translate to in deciview measurements (i.e., an 80 percent increase in visibility would be equivalent to how many deciview units?). Mr. Fulks noted that the Boardman plant is a base load plant and very important to the power supply for many Oregonians and strongly opposes any controls that would be required without an assessment of the plant’s future.

Aubrey Baldwin, Pacific Environmental Advocacy Center, expressed the group’s plans to submit additional written comments during the public comment period in addition to tonight’s verbal testimony. She noted that it has been 40 years since the first federal determinations for Class I area visibility and implementation of any plans, and that the PGE Boardman plant has been operating at polluting levels since 1980. Ms. Baldwin stated that PEAC agrees with DEQ’s proposed BART determinations but have issue with DEQ’s proposed timelines and allowed emission levels. She noted that the PGE Boardman plant is only required to meet the 80th percentile control level for sulfur dioxide, while many comparable plants achieve 90th percentile, or better, control levels. Ms. Baldwin stated that the PGE Boardman plant must immediately meet mercury emission standards and then choose between extensive retrofits or timely plant closure.

Andrew Holly, Northwest Environmental Defense Center, stressed the need for DEQ to move quickly to finalize the Oregon Regional Haze Plan with specific and implementable measures for air quality improvement. He stated that the PGE Boardman plant is operating in violation of the Clean Air Act and is the largest emissions source for sulfur dioxide and nitrous oxide in Oregon, both of which present a major public health issue.

Tom Wood, Associated Oregon Industries, stated that AOI would be strongly and negatively impacted by proposed rules, and disputes the levels and timelines for emissions limits and reasonable progress determination developed by DEQ. Mr. Wood stated that AOI supports the EQC adopting DEQ’s proposal with the PGE-proposed amendments.

Brian Pasco, Sierra Club - Oregon Chapter, stated that the PGE Boardman plant has operated without controls since opening and significantly and adversely impacts the lives of Oregonians by polluting their air and is also the state’s largest stationary source of greenhouse gases. He continued that the proposed Oregon Regional Haze Plan will have major beneficial effects on greenhouse gas reductions and carbon emissions in Oregon. Mr. Pasco stated a need for investment in energy efficiency programs, renewable energy and a phase-out of coal-fired electrical generation plants like PGE’s Boardman plan and supports DEQ giving PGE time to make informed decisions but rejects PGE’s timeline. He closed by stating that it makes economic and environmental sense to shut down the PGE Boardman plant in a shorter timeframe than has been proposed, and PGE should make a decision to apply the proposed BART controls or close by July 1, 2011.

The public comment period of this hearing closed after all testimony had been heard. Vice Chair Williamson thanked the DEQ staff members for their presentation and the hearing’s attendees for their testimony and input. Linda Hayes-Gorman officially closed the public hearing at 8:07 p.m. at which time the EQC adjourned its special meeting.