432nd Regular Meeting of 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
3 Floor Conference Room
Thursday, May 23, 9 a.m. to 5 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 March 2024 regular meeting.
9:10 a.m.
Item B:
Klamath Falls PM2.5 Maintenance Plan (Action)
Monitored ambient concentrations of fine particulate matter, or PM2.5, measured in the Klamath Falls Air Quality Management Area over the past three years have been below the National Ambient Air Quality Standards for PM2.5. DEQ is proposing to request that the EPA redesignate the area from nonattainment to attainment and accept the proposed maintenance plan. Staff will recommend that the EQC approve: the contents of the maintenance plan; revisions to administrative rules needed to update the State Implementation Plan citation; revisions to administrative rules changing the area from nonattainment to maintenance; and submitting the SIP to EPA for review and approval.
9:55 a.m.
Item C:
Lane Regional Air Protection Agency Rulemakings:
Air Quality Permitting Rules and
Title 47 Outdoor Burning Rules (Action)
Lane Regional Air Protection Agency, or LRAPA, is proposing revisions to existing permitting rules primarily to address changes in DEQ air quality regulations adopted by the commission on Nov. 18, 2022, which became effective March 1, 2023. Some of the proposed changes to existing rules would amend LRAPA's part of the Oregon Clean Air Act State Implementation Plan. LRAPA proposes to update, clarify, improve and streamline Lane County's air quality permit programs. LRAPA is also proposing to update Title 47 Outdoor Burning Rules to address changing community needs. These amendments introduce definitions found in DEQ's Chapter 340, Division 264, enhancing consistency with state regulations and removes a prohibition on outdoor burning in Lowell.
10:40 a.m.
Break
10:55 a.m.
Item D:
Public Forum
The commission will provide an opportunity for the public to share brief comments on any environmental and public health issues relevant to DEQ and EQC. People may sign up to comment at the start of this agenda item. Comment times are limited to three minutes or less at the discretion of the commission. The commission cannot accept comment on the following proposed permit and rules: Lazy Days Water Pollution Control Permit, Aquatic Life Toxics Criteria 2024, Lower Columbia-Sandy Basins Temperature TMDL, Powder River Basin Bacteria TMDL, and Willamette Subbasins Temperature TMDL.
11:55 a.m.
Working Lunch and Executive Session
The 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, May 20, 2024.
1:15 p.m.
Item E: Powder River Basin Bacteria TMDL (Action)
DEQ has developed a Total Maximum Daily Load, or TMDL, to address bacteria impairments in the Powder River Basin with public participation. Staff provided a briefing to the commission in May 2023. At the EQC meeting in May 2024, DEQ will request the commission adopt this TMDL by reference, into rule.
2 p.m.
Item F:
Procedural Item Related to the Contested Case
In the Matter of Bio-Oregon Protein, Inc., nka Pacific Bio Products – Warrenton, LLC (Action)
Commissioners will consider whether to submit a request to the Office of Administrative Hearings asking the Office of Administrative Hearings to review and provide a written response for the case record regarding an exception raised by Bio-Oregon in its Petition for Commission Review. The exception relates to the Office of Administrative Hearing's reassignment of the Administrative Law Judge assigned to the matter between the contested case hearing and the issuance of the Proposed and Final Order.
2:10 p.m.
Item G:
Petition for Declaratory Ruling (Action)
DEQ staff will present a recommendation for the commission's response to a petition, received April 8, 2024, asking the commission to issue a declaratory ruling related to the application of the rules for issuing Air Contaminant Discharge Permits to Zenith Energy.
2:45 p.m.
Break
3 p.m.
Item H:
Lazy Days Water Pollution Control Permit Findings (Action)
The Lazy Days RV and Mobile Home Park along the McKenzie River has an active application with DEQ for a Water Pollution Control Facility-Onsite System permit modification. The Lazy Days Park is continuing to rebuild following the 2020 wildfires. The application requests an increase from the current permit flow limits of 4,850 gallons per day to 6,100 gpd. Under the regulations known as the “Three Basin Rule," this increase in permitted flows triggers a process that includes commission approval.
3:45 p.m.
Item I:
Recognition of DEQ's Ambassadors of Public Service (Informational)
DEQ's Director and the EQC will recognize the employees nominated for the 2024 Ambassadors of Public Service awards, presented annually by the Governor's Office.
4 p.m.
Item J: Director's Report (Informational)
DEQ staff will present written and verbal updates on agency activities and other issues of interest to the commission.
5 p.m.
Adjourn Meeting