433rd Regular Meeting of the Oregon Environmental Quality Commission
This meeting will be held by Zoom and in-person at the Portland DEQ headquarters. Please note that the Zoom information changes for each of the three portions of the meeting.
Location:
700 NE Multnomah Street
Portland, OR 97232
3rd Floor Conference Room
Thursday, Sept. 26, 9 a.m. to 3 p.m.
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Meeting ID: 879 1592 8948
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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 May 2024 regular meeting, the July 2024 special meeting and the August 2024 special meeting.
9:10 a.m.
Item B: Bio-Oregon Protein, Inc. Hearing (Action)The commission will hear oral argument from and have an opportunity to ask questions of both DEQ and Bio-Oregon representatives regarding Bio-Oregon's Petition for EQC Review of the Administrative Law Judge's October 2023 Proposed Order regarding a National Pollutant Discharge Elimination System permit issued by DEQ to Bio-Oregon for its seafood processing facility in Warrenton, Oregon. The commission will then deliberate and determine by motion its decision on the Final Order in this matter.
10:25 a.m.
Break
10:40 a.m.
Item C: Safety-Kleen Systems, Inc. Hearing (Action)
The commission will hear oral argument from and have an opportunity to ask questions of both DEQ and Safety-Kleen representatives regarding DEQ's Petition for EQC Review of the Administrative Law Judge's July 2022 Proposed Order regarding alleged violations of federal financial assurance requirements adopted by reference by the EQC, as applied to Safety-Kleen's hazardous waste treatment, storage and disposal facility in Clackamas, Oregon. The commission will then deliberate and determine by motion its decision on the Final Order in this matter.
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). 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, Sept. 23, 2024.
1:15 p.m.
Item D: Recycling Updates 2024 Rulemaking (Informational)
DEQ will provide introductory information about the second Recycling Modernization Act rulemaking before bringing draft rules to the commission for consideration in November 2024. This is the second of two rulemakings conducted by the program to implement the requirements of the Act that was passed by the Oregon legislature in 2021 (Senate Bill 582). DEQ staff will be presenting background information about the RMA and the rule topics that are addressed through rulemaking.
2 p.m.
Item E: Climate Protection Program 2024 Rulemaking (Informational)
DEQ will provide an update on the Climate Protection Program 2024 rulemaking. This is a rulemaking to reinstate a program establishing enforceable limits on climate pollution from the use of fossil fuels throughout Oregon. This rulemaking was prompted by a determination by the Oregon Court of Appeals that invalidated the Climate Protection Program rules that EQC adopted in late 2021.
3 p.m.
Pause Meeting (End Zoom Session)
Thursday, Sept. 26, 3:15 p.m. to 5:20 p.m.
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Meeting ID: 856 2289 4176
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3:15 p.m.
Resume Meeting (New Zoom Session)
3:20 p.m.
Item F: Public Hearing on Proposed Climate Protection Program 2024 Rulemaking
The commission will hold an opportunity for the public to make comment on the Climate Protection Program 2024 rulemaking. Sign-ups to comment will occur shortly before the start of this agenda item, and people will be asked to limit comments to two minutes or less. Comment times may be reduced at the discretion of the commission.
5:20 p.m.
Adjourn Meeting
Friday, Sept. 27, 9 a.m. to 4:15 p.m.
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Meeting ID: 863 4696 6844
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9 a.m.
Welcome and Meeting Open
The commission will open the meeting and review the day's agenda.
9:05 a.m.
Item G: Climate Protection Program 2024 Rulemaking, Continued (Informational)
This item is a continuation of Item E, with an opportunity for the commission to discuss the draft rules released for public comment, and to ask questions of agency staff.
10:00 a.m.
Item H: Wastewater Operator Certification 2024 Rulemaking (Informational)
DEQ will present information on an ongoing rulemaking to update Wastewater Operator Certification requirements. The rulemaking seeks to clarify existing rules and address the growing challenge of ensuring there is a sustainable, certifiable workforce to operate and maintain Oregon's wastewater utilities. DEQ intends to propose rules to the commission for consideration at their November 2024 meeting.
10:30 a.m.
Break
10:50 a.m.
Item I: 2024 Total Dissolved Gas Modification Order for the Mainstem Columbia River (Informational)
DEQ will provide an overview of total dissolved gas management on the Columbia River and the benefits and relative risks that voluntary spill for fish passage and the associated elevated TDG levels have on salmonids and other resident aquatic species. Oregon's current TDG Modification Order expires on Aug. 31, 2024. The U.S. Army Corps of Engineers requested DEQ renew its TDG modification to allow for the anticipated operations to proceed in the upcoming 2025 fish passage spill season. This informational item will provide background in advance of an action item planned for November 2024. The presentation will include additional related information regarding agreements Oregon, Washington, the Nez Perce Tribe, the Confederated Tribes and Bands of the Yakama Nation, the Confederated Tribes of the Umatilla Indian Reservation, and the Confederated Tribes of the Warm Springs Indian Reservation of Oregon recently entered into with the United States government.
11:50 a.m.
Lunch Break
1 p.m.
Item J: Public Forum
The commission will hold a comment opportunity for 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 are asked to limit comments to three minutes or less. Comment times may be reduced at the discretion of the commission. The commission cannot accept comment on the following proposed rules:
- Aquatic Life Toxics Criteria
- Medium Heavy-Duty ZEV Rebate 2024
- Recycling Updates 2024
- Willamette River Mainstem and Major Tributaries TMDL
Note: A public hearing is scheduled for Thursday, Sept. 26, at 3:20 p.m. for the commission to hear comments on the proposed Climate Protection Program 2024 rulemaking. Public comment on the Climate Protection Program 2024 rulemaking must be delivered at the hearing on Sept. 26 in order to be formally considered.
2 p.m.
Item K: Aquatic Life Toxics Criteria Rulemaking (Action)
DEQ will propose rules to update Oregon's water quality criteria for toxic chemicals to protect aquatic life. DEQ's last comprehensive update to these criteria was in 2004. Since then, EPA has published several new or updated criteria recommendations. DEQ is proposing to adopt new aquatic life criteria for six toxic chemicals into OAR-340-041-8033 Table 30: acrolein, aluminum, cadmium, carbaryl, diazinon and tributyltin. In addition, DEQ is proposing to remove Table 31: “Aquatic Life Water Quality Guidance Values for Toxic Pollutants" from OAR-340-041-8033 for clarity because the values are outdated and are not regulatory criteria.
2:50 p.m.
Break
3:05 p.m.
Item L: Medium Heavy-Duty ZEV Rebate 2024 (Action)
DEQ is proposing rules to establish the Medium and Heavy-Duty Vehicle Rebate Program and make updates to the low- and moderate-income rebates for the Oregon Clean Vehicle Rebate Program. The proposed rules are based on direction from the 2023 and 2024 legislative sessions. The proposed MHD rebate program sets rebate levels, outlines application process and requirements for MHD purchasers and dealers, determines DEQ application review process, and creates clear conditions for award of rebates and purchaser requirements. The proposed updates to OCVRP include establishing a stand-alone Charge Ahead fund for low- and moderate-income households.
3:45 p.m.
Item M: Director's Report (Informational)
DEQ staff will present written and verbal updates on agency activities and other issues of interest to the commission.
4:15 p.m.
Adjourn Meeting