EQCMinutes19850927 1 of 2

DETP/19/48788

''Wednesday, August 28, 2019 at 12:01:38 PM (GMT+07:00) Goldstein, Meyer:'' eqc meeting eqc minutes DEQ 12-1985, f. & ef. 9-30-85 DEQ 15-1985, f. & ef. 10-21-85 Eqc environmental quality commission minutes 9/27/85 ( OREGON ENVIRONMENTAL QUALITY COMMISSION MEETING SEPTEMBER 27, 1985 BEND SCHOOL DISTRICT BUILDING 520 N. W. WALL STREET BEND, OREGON ------H~·------------------------------------------------------------------------------ 9:00 a.m. 9:10 a.m. A G E N D A CONSENT ITEMS These routine items are usually acted on without public discussion. If any item is of special interest to the Commission or sufficient need for public comment is indicated, the Chairman may hold any item over for discussion. A. Minutes of July 19, 1985, EQC meeting. B. Monthly Activity Report for June and July, 1985. C. Tax Credits. PUBLIC FORUM This is an opportunity for citizens to speak to the Commission on environmental issues and concerns not a part of this scheduled meeting. The Commission may discontinue this forum after a reasonable time if an exceptionally large number of speakers wish to appear. H.EARING AUTHORIZATIONS D. Request for authorization to conduct a public hearing on proposed amendment of Notice of Violation Rule, OAR 340-12-040. E. Request for authorization to conduct a public hearing on proposed changes in rules relating to the "opportunity to recycle" (OA.R 340-60-025(1) (c) and OAR 340-60-030(4)), to create a West Linn wasteshed. F. Request for authorization to conduct a public hearing on amendments to the State Implementation Plan regarding the Ozone Control Strategy for the Oregon portion of the Portland-Vancouver Interstate AQMA, OAR 340-20-047, Section 4.3, and Growth Increment Allocation OAR 340-20-241. G. Request for authorization to conduct a public hearing on amendments to the Volatile Organic Compound Rules, OAR 340-22-100 to 22-220, and Permit Rules, 340-20-155(1), Table 1; as a revision to the State Implementation Plan. ACTION AND INFORMATION ITEMS Public testimony will be accepted on the following, el<cept i terns for which a public hearing has previously been held. Testimony will _!!?_!: be taken on items marked with an asterisk (*). However, the Commission may choose to question interested parties present at the meeting. (over) ( EQC Agenda -2- September 27, 1985 H. Proposed adoption of modifications to a special groundwater quality protection rule in the Deschutes Basin water Quality Management Plan, OAR 340-41580 (1), for the LaPine shallow aquifer. I. Proposed adoption of amendments to establish boundaries and implement a Motor Vehicle Emission Inspection/Maintenance program in the Medford/Ashland AQMA as a revision to the State Implementation Plan. J. Proposed adoption of rules amending standards of performance for New Stationary Sources, OAR 340-25-510 to 25-805, to include new and amended Federal rules and to request delegation from EPA. I<. Proposed adoption of revisions to New Source Review Rule related to assessment of visibility impacts of major new or modified sources in Class I areas, OAR 340-20-276, as a revision to the State Implementation Plan. L. Appeal of subsurface variance denial by Mr. and Mrs. Nile Sponaugle. M. Request for a variance from OAR 340-·21-027(2) for the Brookings Energy Facility, Curry County. N. Request for a variance from OAR 340-21-015 and OAR 340-21-020, boiler visible and particulate matter emissions, and OAR 340-25-315(1) (b), veneer dryer emission limits, for Lang and Gangnes Corporation, dba Medply. o. Status of Marion County solid waste program and request for extension on closure of Brown's Island Landfill until Marion County/Ogden Martin waste-to-energy facility becomes operational. P. Informational Report: Proposed enforcement guidelines and procedures for the Hazardous Waste Program. Q. Informational Report: Water Quality Standards for nutrients. WORK SESSION The Commission reserves this time, if needed, for further consideration of any item on the agenda. Because of the uncertain length of time needed, the Commission may deal with any item at any time in the meeting except those set for a specific time. Anyone wishing to be heard on any item not having a set ti.me should arrive at 9:00 am to avoid missing any item of interest. The Commi.ssion Hwy 97 , Bend. at Bend School will have breakfast Agenda items may be District Building. (7:30 a.m.) at the Riverhouse Motor Inn, 3075 N. discussed at breakfast. The Commission will lunch The next Commission meeting will be November 22 i.n Eugene. Copies of the staff reports on the agenda items are available by contacting the Director's Office of the Department of Envirorunental Quality, PO Box 1760, Portland, Oregon 97207, phone 229-5395, or toll-free 1-800-452-4011. Please specify the agenda item letter when requesting. DOY869 EQC .l\.G ( 5/83) THESE MINUTES ARE NOT FINAL UNTIL APPROVED BY THE EQC MINUTES OF THE ONE HUNDRED SIXTY-SEVENTH MEETING OF THE OREGON ENVIRONMENTAL QUALITY COMMISSION September 27, 1985 On Friday, September 27, 1985, the one hundred sixty-seventh meeting of the Oregon Environmental Quality Commission convened at the Bend School District Building, 520 N.W. Wall Street, Bend, Oregon. Present were Commission Chairman James Petersen, Vice Chairman Arno Denecke, and commission members Mary Bishop, Wallace Brill and Sonia Buist. Present on behalf of the Department were its Director, Fred Hansen, and several members of the Department staff. The staff repcrts presented at this meeting, which contain the Director's recommendations mentioned in these minutes, are on file in the Office of the Director of the Department of Environmental Quality, 522 SW Fifth Avenue, Portland, Oregon. Written information submitted at this meeting is hereby made a part of this record and is on file at the above address. BREAKFAST MEETING All Commission members were present at the breakfast meeting. 1. Future Meeting Dates October 17 October 18 November 21 November 22 January 31 March 14 April 25 DOY204.l Public hearing on plan on sewer East Multnomah county (Portland) Special meeting and work session on plan to sewer East Multnomah county and Salt Caves Hydro Project Petition (Portland) work session on hazardous waste enfOrcement guidelines and water Quality Compliance Certification (Eugene) (Scheduled after September 27 meeting was held) Regular meeting (Eugene) Regular meeting (Portland) Regular meeting (Portland) Regular meeting (Portland) -1- Director Hansen said the staff would prepare a schedule for the rest of 1986 and submit it to the Commission by mail for their approval. 2. Regional Managers Report Dick Nichols, Manager of the Department's Central Region Office, briefed the Commission on Department activities in the region. 3. Case Management Practices for Hearings Officers in Contested Cases Commissioner Denecke presented the following proposed guidelines for Commission Hearings Officers. The Commission requests the hearings officers to set the docket for contested cases assigned to them; that is, determine the date at which hearings and other proceedings will be held. The desires of the Department and other parties will be considered and accommodated if this can be done consistent with the expeditious disposition of the case. The Commission reque~ts the hearings officers decide all cases submitted to them within three months after submission unless prevented by illness or other unexpected event. (This is the time limit imposed by the Legislature on Oregon trial judges; ORS 1.050.) Commissioner Denecke stressed that there had been no complaints about slowness in rendering decisions, but that the Commission's hearings officer had asked for direction. He said the Attar: ~,y General's office, with the agreement of Director Hansen, could accommodate this schedule by assigning cases to more than one Assistant Attorney General. Commissioner Denecke also said that "submitted" means after everything needed was in. Director Hansen noted that these timeframes would also apply to th~ Attorney General's Office and the Department as well as the Commission's Hearings Officer. Linda Zucker, the Commission's Hearing Officer, and Arnold Silver, Assistant Attorney General, said they found the guidance very helpful. 4. Portland International Airport Noise Abatement Plan John Hector of the Department's Noise Section, summarized a written report concerning a citizen petition regarding Portland International Airport's noise impacts during westerly departures. Mr. Hector said that no enforcement action was needed at this time. The Port of Portland was aware of the problem and were making efforts to improve, but it was impossible to guarantee that no errors would occur. DOY204.l -2- ( i : I ( The Commission postponed discussion to their lunch meeting. Subsequently, the Commission informally asked that this item be returned to them at their next meeting. 5. SB 138 (Toxic Waste Incinerator) Implementation Bob Danko, of the Department's Hazardous and Solid waste Division, reported on the implementation of SB138. He discussed the Department's work plan which will result in draft rules being presented to the Commission at its April 25, 1986 meeting. Assisting the staff in rule development will be a policy advisory committee appointed by Director Hansen and a technical advisory group appointed by Michael Downs, Administrator of the Hazardous and Solid Waste Division. 6. EQC Trip to Chem-Securities Hazardous waste Disposal Facility, Arlington Mike Downs reviewed the difficulty the Department was having in coordinating the commissioners schedules for a proposed trip to the Chem-Security Systems, Inc. facility in Arlington in October. As an alternative, it was suggested the Commission participate in a tour with the Joint Legislative Committee on Hazardous Materials of both the Arlington facility and Hanford, Washington on November 12 and 13. This tour was being arranged by the Department of Energy. The commission agreed to try to attend this tour if their individual schedules would allow. FORMAL MEETING AGENDA ITEM A: Minutes of the July 19, 1985, EQC Meeting Commissioner Bishop asked for the deletion of the following sentence on page 20 of the minutes, under Agenda Item N: If you have questions of staff, we have people here from the noise control and water quality programs and a representative from the laboratory that can address their respective areas. It was MOVED by Commissioner Bishop, seconded by Commissioner BrilJ., and passed with Commissioner Buist abstaining, that the minutes be approved as corrected. AGENDA ITEM B: Monthly Activity Report for June and July, 1985 Commissioner Denecke asked why plans had been rejected for two Rajneeshpuram water quality projects. Dick Nichols, Manager of the Department's Central Region Office, replied that because of the litigation on the status of the City of Rajneeshpuram, the City was unable to obtain a Land Use Consistency Statement. Without the statement, the Department cannot process plans. It was MOVED by Commissioner Denecl<e, seconded by Commissioner Bui st and passed unanimously that the Monthly Activity Report be approved. OOY204.l -3-