445th Regular Meeting of the Oregon Environmental Quality Commission
This meeting was held by Zoom and in person at the Portland DEQ headquarters.
Location:700 NE Multnomah Street
Portland, OR 97232
3rd Floor Conference Room
Note: To comply with federal accessibility requirements, DEQ may post documents in their source file format (Word, Excel, PowerPoint, etc.). Document type will be noted next to the link for that document. If you require materials in a specific format (such as PDF), please submit a Public Records Request. Thursday, Sept. 10, 9 a.m. to 4:45 p.m.
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 July 2026 regular meeting.
9:10 a.m.
Item J: Temporary Variance for Motor Vehicle Fuel Standards (DOCX)
- Action DEQ is requesting EQC approval of a temporary variance that would allow wintertime gasoline supplied through Pasco, Washington and Boise, Idaho to be distributed in Oregon through Sept. 15, 2026. The variance would address current fuel supply and distribution constraints affecting eastern Oregon.
9:25 a.m.
Item B: Smoke Management Rulemaking Update (DOCX)
- InformationalDEQ will provide an update on a rulemaking in process related to the Oregon Smoke Management Program (OSMP). The OSMP is reviewed and updated by the Oregon Department of Forestry and the Oregon DEQ, in collaboration with the Oregon Health Authority, every five to ten years as directed by ORS 477.013. DEQ is also coordinating with the U.S. Environmental Protection Agency to complete a 110(l) demonstration to revise the Oregon Clean Air Act State Implementation Plan, which contains the OSMP. This presentation will include details about the proposed rule revisions and the 110(l) demonstration.
10:35 a.m.
Break10:50 a.m.
Item C: Toxic Air Contaminant Review and Update Rulemaking (DOCX)
- InformationalDEQ will provide an update on the Toxic Air Contaminant Review and Update rulemaking. Under Division 247 rules, DEQ and OHA are directed to review and update the Toxicity Reference Values (TRVs) and Priority Toxic Air Contaminant List every three years to ensure that these health-based standards continue to be grounded on the most current and representative science. This process involves two phases – the first phase is scientific review of the TRVs that involves convening an Air Toxics Science Advisory Committee (ATSAC), and the second phase is the formal rulemaking process. This presentation will include details about the process thus far and a request for input from the commission on DEQ's implementation proposal.
12 p.m.
Working Lunch and Executive Session The commission will hold a working lunch and executive session, pursuant to ORS 192.660(2), (f) and (h). Per state law, members of the media are permitted to attend executive sessions; however, they may not report on the specifics or details of any discussions or information presented during these sessions. To request access as a member of the media, please
email Lindsay Trapp by 12 p.m. on Friday, Sept. 4, 2026.
1:15 p.m.
Item D: Winchester Water Control District and TerraFirma Foundation Repair, Inc. Hearing (DOCX) -
ActionThe commission will hear oral argument from and have an opportunity to ask questions of representatives from DEQ, the Winchester Water Control District, TerraFirma Foundation Repair, Inc., and the Limited Parties addressing the Winchester Water Control District and TerraFirma's Petitions for EQC Review of the Administrative Law Judge's March 2026 Proposed Orders regarding alleged violations of Oregon water quality law during a 2023 repair project at the Winchester Dam outside of Roseburg. The commission will then deliberate and determine by motion its decision on the final order in this matter.
3:15 p.m.
Break3:30 p.m.
Item E: Director's Report (DOCX)
- Informational DEQ will present written and verbal updates on agency activities and other issues of interest to the commission.
4:45 p.m.
Adjourn MeetingFriday, Sept. 11, 12:30 p.m. to 3:15 p.m.
9 a.m.
Item F: Arkema In-Situ Stabilization Cleanup Project Tour (DOCX) -
InformationalCommissioners will receive a tour of the Arkema In-Situ Stabilization Cleanup Project. This site tour will include viewing the remediation activities underway to address the monochlorobenzene (MCB) source area in the former Acid Plant Area of the facility using in-situ stabilization/solidification (ISS) technologies. Please note that this tour is not open to the public.
12:30 p.m.
Welcome and Meeting Open The commission will open the meeting and review the day's agenda.
12:35 p.m.
Item G: Recycling Modernization Act Temporary Rulemaking (DOCX)
- ActionDEQ will propose temporary rules for two elements of the Recycling Modernization Act rulemaking. The two proposed elements, if adopted, would reduce fees paid by the producers of garbage bags, under specific circumstances, and glass packaging. DEQ intends to include the same elements in the permanent rulemaking proposal scheduled for EQC consideration in January 2027. Fee-setting processes occur in fall for the subsequent year and by adopting temporary rules in late 2026, rather than in early 2027, the commission would allow these producers to obtain fee relief in 2027, not 2028.
2:15 p.m.
Break2:30 p.m.
Item I: Public Forum (DOCX)
The commission will provide an opportunity for public comment on any environmental and public health issues relevant to DEQ and EQC. Sign-ups to comment will occur shortly before the start of this agenda item, and people should limit comments to two minutes or less. The commission may reduce comment times at its discretion. The commission cannot accept comment on the following rulemaking: Landfill, Crematory and Non-Technical Updates 2026.
3:15 p.m.
Adjourn Meeting