Environmental Quality Commission

392nd Regular Meeting

Multiple locations

Approved meeting minutes


Tuesday, Jan. 17, 2017: 9 a.m. to 5 p.m.

Note: Tuesday's meeting has been postponed due to state office closure. This will be rescheduled with a time and location to be determined
1. Workshop: Agency permitting systems and next steps
DEQ staff will present a comprehensive overview of the agency’s permitting programs, the status of the Water Quality Permitting Program improvement efforts and next steps. The workshop will last from approximately 9 a.m. to 5 p.m., with a working lunch and executive session held under the authority of ORS 192.660(2)(h).

Wednesday, Jan. 18, 2017: 8 a.m. to 5 p.m.

Wednesday’s meeting will be in the main conference room of DEQ’s laboratory in Hillsboro.
A. Opening and welcome: New commissioner​
The commission will open its meeting with an introduction of Commissioner-appointee Sam Baraso. Commissioner Baraso’s four-year term begins Feb. 1, 2017.
B. Action item: Meeting minutes
Commissioners will take action on the proposed draft minutes from recent EQC meetings.
C. Informational item: Portland Harbor updates
Director Whitman will present an update on recent state and federal actions related to the Superfund cleanup site in Portland Harbor.
D. Action item:Proposed phase-two fee increase for Title V permits
DEQ staff will propose the second of a two-phase fee increase for Title V air quality permits. The proposal would increase these permit fees by 0.80 percent, in accordance with the annual increase in the Consumer Price Index.

E. Action item: Proposed update to the Oakridge-Westfir PM2.5 Attainment Plan
DEQ staff, in coordination with the Lane Regional Air Protection Agency, will propose an update to the PM2.5 Attainment Plan for the Oakridge-Westfir area. This proposed update was approved by LRAPA in 2016, and state law requires that any action by LRAPA, the state’s only regional air authority, also be approved by EQC and submitted to EPA as an update to the State Implementation Plan under the federal Clean Air Act.
Attachment A  |  Attachment B  |  Attachment C
F. Informational item: Study on market mechanisms for reducing greenhouse gases
DEQ staff will present information about its report, as request in March 2016 and due to the 2017 Oregon Legislature, regarding a market-based strategy for reducing greenhouse gases statewide.
G. Informational item: Materials Management Program updates
DEQ staff will present updates about the activities, recent and planned, for the Materials Management Program. The commission has requested regular updates from the program as it works to implement Materials Management in Oregon: 2050 Vision and Framework for Action as approved by the commission in 2012.
H. Action item: Proposed revisions to Oregon’s rules for recycling
DEQ staff will present proposed revisions to Oregon’s recycling rules, as directed in Senate Bill 263 from the 2015 Legislative Session.
Lunch: The commission will recess from approximately 12:30 to 1:30 p.m. for lunch.
I. Informational item: Budget and Legislative updates
DEQ staff will present updates on agency, state and federal budget and legislative matters of interest to the commission, including updated budget forecast information.
J. Action item: Budget certification request
DEQ staff will request that Chair O’Keeffe, on behalf of the commission, certify the agency’s 2017-19 Governor’s Recommended Budget submittal. This certification is required for all state agencies that have a board or commission with oversight responsibilities.
K. Informational item: Legislative process
DEQ staff will present an overview of the agency’s role, responsibilities and regular activities in a Legislative Session and discuss key topics for the agency in 2017.
L. Recognition of service for Chair O’Keeffe
Staff and commissioners will celebrate Chair O’Keeffe’s tenure. The Jan. 17-19, 2017, EQC meeting is Chair O’Keeffe’s final regular EQC meeting as a commissioner, with service starting July 2008.
M. Informational item and tour: DEQ’s monitoring program 
DEQ staff will present a brief informational item on the work of the lab to support the agency’s monitoring programs and lead the commission on a walking tour of the lab facility.
 The commission will recess at approximately 5 p.m. until 8:30 a.m. on Thursday, Jan. 19, 2017.

Thursday, Jan. 19, 2017: 8:30 a.m. to 5 p.m.

Thursday’s meeting will be in the main conference room of DEQ’s laboratory in Hillsboro
N. Public forum
At approximately 8:30 a.m., the commission will open a 60-minute public comment opportunity. People who wish to present comment are asked to complete a short registration form, available at the meeting, and are asked to limit comments to five minutes or less. No comments may be presented on a proposed rule adoption for which a comment period has been held and closed.

People may present comments in-person at the Hillsboro meeting venue, or via telephone conference call at the Bend or Eugene DEQ offices.
  • Bend: 475 NE Bellevue Drive
  • Eugene: 165 East 7th Avenue
O. Informational item: Nationwide Permit for Section 401 Water Quality Certifications
DEQ staff will present information regarding potential re-issuance of the U.S. Army Corps of Engineers’ Nationwide Permit for Section 401 Water Quality Certification.
P. Informational item: DEQ’s information technology infrastructure
DEQ staff will present updates on the current state of the agency’s IT infrastructure, progress toward improvements and next steps. A representative from Oregon’s Chief Information Office may co-present during this item to provide additional contextual information about the state’s systems, generally, and how DEQ’s efforts connect to state objectives for information technology. This item is in response to a request from commissioners for regular updates on the state of the agency’s IT environment.
Lunch and executive session
The commission will recess from approximately 12:15 to 1:30 p.m. for a working lunch and executive session. The executive session is held pursuant to public meeting law under ORS 192.660(2)(h).
Q. Action item: Contested case​
The commission will hear a contested case regarding water quality violations. This case was remanded back to the commission by the Oregon Court of Appeals following a 2011 EQC decision to uphold the civil penalty and fees DEQ issued to Bandon Pacific for water quality violations in 2009.
R. Action item: Proposed Ballast Water Program rule revisions
DEQ staff will present proposed revisions to the Oregon’s Ballast Water Program to better protect Oregon’s water from aquatic invasive species. Part of the rule proposal also includes administrative updates to the organization of the tables of the state’s noise regulations, officially defunded by the 1991 Oregon Legislature.
Attachment A  |  Attachment B
S. Informational item: Commissioner reports and agenda planning
Commissioners will present written and verbal updates on their recent activities and other items of interest to the commission. Staff will present potential items or planning ideas for future EQC meetings.
T. Informational item: Director’s report
Director Whitman will present written and verbal updates on items of interest to the commission.
U. Discussion and informational item: Director’s recruitment next steps
Deputy Director Feldon will provide an update on next steps for the director’s recruitment process, including a proposed draft agenda for a special meeting to complete interviews and other public engagement. During this item, the commission may also announce the finalists for the recruitment.
The commission will adjourn at approximately 5 p.m.