Environmental Quality Commission

386th Regular Meeting

DEQ headquarters
Room EQC-A, 10th floor
811 SW 6th Avenue
Portland, OR 97204


This agenda reflects the order in which items are scheduled, and is subject to change. 

Wednesday, Dec. 9, 2015 - 8:30 a.m. to 4 p.m.

A. Action item: Meeting minutes
Commissioners will take action on the proposed draft minutes from the October 14-15 regular meeting and November 5 work session.
B. Informational and discussion item: Budget and legislative updates
DEQ staff will present information about the DEQ Operating Budget for 2015-17, the development process for DEQ’s 2017-19 Agency Request Budget and legislative information.
C. Action item: Draft final order regarding a recent contested case
DEQ staff will present a draft final order for commission action in a contested case matter. The case, No. LQ/SW-ER-11-108 regarding Kinzua Resources, LLC; ATR Services, Inc.; Frontier Resources, Inc.; and Gregory M. Demers, was presented to the commission at its August 2015 regular meeting and commissioners requested specific amendments and follow-up prior to a final order decision.
D. Informational and discussion item: Contested case process
DEQ staff will present a follow-up discussion item for the commission to consider incorporating a subpanel process for the review of contested cases. This item is a follow-up to informational presentations by DEQ’s Office of Compliance and Enforcement.
E. Action item: Proposed temporary rules for asbestos
DEQ staff will present proposed temporary rules regarding the survey, handling and disposal of residential building materials that may contain asbestos. The proposed temporary rules are to implement Senate Bill 705, approved by the Oregon Legislature in 2015.
F. Action item: Proposed rules for greenhouse gas reporting requirements
DEQ staff will present proposed rules to revise greenhouse gas reporting requirements for some sources in Oregon. The proposed rules reduce administrative burden for the sources and businesses required to report to DEQ and otherwise improve the program’s operations.
G. Action item: Proposed rules for Oregon’s Clean Fuels Program
DEQ staff will present proposed rule revisions and changes for the Oregon Clean Fuels Program. The proposed rules will made technical and substantive adjustments to the program’s operations.
H. Informational item: Advanced Hardwood Biofuels Northwest Project
DEQ staff will present information about a regional biofuels project. Advanced Hardwood Biofuels Northwest is a consortium of Pacific Northwest university and industry partners led by the University of Washington. The consortium is working to prepare Washington, Oregon, Northern California, and Northern Idaho for a sustainable hardwood bioproducts and biofuels industry.
I. Action item: Proposed Medford Carbon Monoxide Limited Maintenance Plan
DEQ staff will propose adoption of a new limited Maintenance Plan to replace Medford’s first carbon monoxide Maintenance Plan adopted in 2002. The community continues to meet the air quality standard for carbon monoxide and the proposed plan would retain existing air quality control measures but remove transportation planning demonstrations no longer needed to protect air quality. The federal Clean Air Act requires a maintenance plan be in effect until 2022 for Medford.
J. Informational item: Clean Power Plan
DEQ staff will present information about Oregon’s response and planning for the federal Clean Power Plan as proposed by EPA. This item is a follow-up to previous commission discussion about the federal plan.
R. Informational item: Director’s report
Director Pedersen will present written and verbal updates on agency, state and federal environmental topics of interest to the commission.
The commission will recess at approximately 4 p.m. until 9 a.m. on Thursday.
Some members of the commission and DEQ staff may meet for an informal dinner in downtown Portland on Wednesday evening. No commission business will be held at the optional, self-pay social dinner event.

Thursday, Dec. 10, 2015: 9 a.m. to 4:30 p.m.

K. Public forum
Members of the public may provide comment to the commission on environmental issues. People wishing to present comment must complete a registration form, available at 8:30 a.m. at the meeting venue prior to comment. All comments must be five minutes or less and may not address any pending rule item for which a formal comment period was held by DEQ.
L. Informational item: Commissioner reports
Commissioners will present verbal updates on their activities of interest to the commission. DEQ staff will also solicit input on future agenda topics and meeting planning for 2016.
M. Action item: Proposed Water Quality Trading Program rules
DEQ staff will present proposed rules for a Water Quality Trading Program. The proposed rules formalize voluntary permit conditions related to trading credits for certain water quality improvements.
N. Action item: Proposed Water Quality Permit Fee increases
DEQ staff will present a proposed fee increase for most types of Water Quality Program permits.
Working lunch and executive session
The commission and some DEQ staff will meet over a working lunch from approximately noon to 1:30 p.m. for an executive session with Department of Justice representatives. This working lunch will be held in accordance with Oregon public meeting rules.
O. Action item: Proposed updates to the CAFO memorandum of understanding with the Department of Agriculture
DEQ and Department of Agriculture staff will co-present a proposed update to the memorandum of understanding governing the Confined Animal Feeding Operation. The current MOU expired Dec. 31, 2015, and the proposed update would incorporate some clarifying information and be in effect through Dec. 31, 2020.
P. Informational item: Clean Water Services Tree for All recognition
Representatives from Clean Water Services will present a recognition award for DEQ staff related to the Tree for All program, which plants native trees along Oregon’s streams to reduce in-stream temperature and provide habitat.
Q. Informational item: Oregon’s earthquake resiliency
Ian Madin, Oregon’s State Geologist, will present on the science behind the projected Cascadia Subduction Zone earthquake hazard, the likely consequences and challenges of recovery from a major earthquake event.
The commission will adjourn at approximately 4:30 p.m.