429th Regular Meeting of Oregon Environmental Quality Commission
Nov. 16-17, 2023: Hybrid meeting
By Zoom and in-person at DEQ Portland Headquarters:
700 NE Multnomah Street, Portland, Oregon 97232
3rd floor conference room
Please note that the Zoom information is different on each day.
Thursday, Nov. 16: 9 a.m. to 3:55 p.m.
All times are approximate and subject to change.
9 a.m.
Welcome and meeting open
The commission will open the meeting and review the day's agenda.
9:05 a.m.
Item A: Draft meeting minutes (Action)
Commissioners will review and take action on proposed draft minutes from the Sept. 2023 meeting.9:10 a.m.
Item B: Strategic Planning Update (Informational)Agency staff will provide the commission an update on its process to develop a strategic plan. The briefing will include a synopsis of the work to date, expectations issued by Governor Kotek, and next steps in the process.
9:55 a.m.
Item C: Low NOx Omnibus Temporary Rule (Action)DEQ is proposing a temporary rule to delay implementation of California's Heavy Duty Low NOx Omnibus Rule until 2025 because this rule is undergoing changes. The rule requires heavy duty engine makers to meet more stringent NOx and PM emissions by Jan. 1, 2024. DEQ proposes to delay implementation until both regulatory and implementation issues are resolved.
10:25 a.m. - Break
10:40 a.m.
Item D: Climate 2023 Rulemaking (Action)To provide the agency and regulated parties with better guidance on program rules, DEQ proposes modifications to rules that govern three different climate programs at DEQ: Greenhouse Gas Reporting program, Third Party Verification program, and our Climate Protection Program.
11:40 a.m.
Working lunch and executive sessionThe commission will hold a working lunch and executive session, pursuant to ORS 192.660(2)(a), (f) and (h). Executive session is a closed meeting for commissioners, specific DEQ staff and staff from the Oregon Department of Justice, to discuss confidential legal information and updates. Per state law, members of the media may attend executive session; however, they may not report on the specifics or details of any discussions or information presented during executive session. To request access as a member of the media, please
email Lindsay Trapp by 12 p.m. on Monday, Nov. 13, 2023.
1:10 p.m.
Item E: Ballast Water Rulemaking (Action)DEQ proposes to extend the sunset date of its “exchange plus treatment" rule which requires commercial vessels carrying freshwater ballast sourced outside the Pacific Northwest to use a two-step management strategy in order to discharge that ballast in Oregon waters. The current rule has been adopted federally for application to the entire Pacific Coast, but is not yet in force. Delays in rule implementation at the federal level have created a scenario in which the federal requirement will not be in effect by the time Oregon's rule expires on Dec. 19, 2023. Extending the sunset of Oregon's state-level rule will prevent a regulatory gap until the federal rule is fully adopted.
1:55 p.m.
Item F: Fish and Aquatic Life Use Updates (Action)DEQ proposes rule adoption to correct and update Oregon's fish and aquatic life use designations using the best available data and information. These designations determine where and when different temperature and dissolved oxygen criteria apply to a waterbody to protect aquatic life. Use designations must be accurate and based on the best available information so DEQ applies the correct water quality criteria in Clean Water Act programs to protect Oregon waters.
2:40 p.m. - Break
2:55 p.m.
Item G: Recycling Modernization Act Rulemaking (Action)The DEQ Materials Management program is presenting proposed rules to establish foundational elements of the Plastic Pollution and Recycling Modernization Act. The program is proposing rules related to recycling acceptance lists, local government compensation and Producer Responsibility Organization (PRO) obligations. Proposed rules also include responsible end markets, compensation to local governments, collection convenience and performance standards, coordination with other PROs, market share and modified market share and fees.
3:55 p.m. - Adjourn meeting
Friday, Nov. 17: 9 a.m. to 12:20 p.m.
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Find your local number All times are approximate and subject to change. 9 a.m.
Welcome and meeting openThe commission will open the meeting and review the day's agenda.
9:05 a.m.
Item H: Director's Report (Informational)
DEQ will present written and verbal updates on agency activities and other issues of interest to the commission.
10:05 a.m.
Item I: Agency Request Budget Development (Informational)Agency staff will brief the commission on DEQ's budget structure and the process and key milestones for developing the 2025-2027 Agency Request Budget and associated policy agenda.
10:50 a.m. - Break
11:05 a.m.
Item J: Public ForumThe commission will hold a comment opportunity for any environmental and public health issues relevant to DEQ and EQC. Sign-ups to comment will occur at the start of this agenda item, and people are asked to limit comments to three minutes or less. Comment times may be reduced at the discretion of the commission if needed. The commission cannot accept comment on the following proposed rule: Round 2 Regional Haze Supplement.
11:50 a.m.
Item K: Round 2 Regional Haze Supplement (Action)EPA asked DEQ to update the Round 2 Regional Haze State Implementation Plan submitted in 2022 with additional information to ensure the SIP, or plan, can be approved. This information includes monitoring, record keeping and reporting requirements for facilities included in the plan, as well as more information on DEQ's decision-making process when evaluating certain submittals and updated Stipulated Agreement and Final Orders. Updates to the SIP must be conducted via rulemaking and require commission action.
12:20 p.m. - Adjourn meeting