A G E N D A S - Lane Regional Air Protection Agency, OR

A G E N D A S

LANE REGIONAL AIR PROTECTION AGENCY

MONTHLY BOARD OF DIRECTORS MEETING

BUDGET COMMITTEE MEETING

MONDAY, MARCH 24, 2014

Note Location ➜ SPRINGFIELD JUSTICE CENTER EOC (Emergency Operation Center Room) 230 4th STREET,

SPRINGFIELD, OREGON - There is limited street parking (Currently not enforcing 2 hour limit). Additional parking

available in lot directly across from the entrance (behind Church).

(Note: Start times for agenda items are approximate.)

BOARD OF DIRECTORS MEETING / NOTE - SPLIT AGENDA

1. (11:00 a.m.) Call to Order

2. (11:00 a.m.) Adjustments to Agenda

3. (11:05 a.m.) Public Participation (time limited to three minutes per speaker)

A. Comments On an Item On Today’s Agenda

B. Comments On a Topic Not Included On Today’s Agenda (Note: This is an opportunity for

the public to bring up unscheduled items. The board may not act at this time but may, if it deems necessary, place

such items on future agendas. Issues brought up under this agenda item are to be limited to three minutes’

speaking time by the person raising the issue. If additional time is necessary, the item may be placed on a future

agenda.)

WORK SESSION:

4. (11:10 a.m.) Appointments

Board Vice-Chair

Budget Officer

New Budget Committee Member

Postponed February 24, 2014 meeting – quorum absent

RECESS BOARD MEETING

BUDGET COMMITTEE MEETING

1. (11:15 a.m.) Call meeting to Order

2. (11:20 a.m.) Introductions

3. (11:25 a.m.) ACTION ITEM: Election of Chair and Vice-Chair for 2014

4. (11:30 a.m.) INFORMATION ITEM: Presentation of Draft FY 2014/15 Budget Document

12:00 p.m.–LUNCH

5. (12:30 p.m.) QUESTIONS AND ANSWERS

(1:00 p.m.) ADJOURNMENT

AGENDAS-March 24, 2014

RECONVENE BOARD MEETING

ACTION ITEM: Consent Calendar

5. (1:05 p.m.) A. Approval of Minutes of January 27, 2014 Board of Directors Meeting

B. Approval of Expense Reports Through January 31, 2014


A. Approval of Minutes of February 24, 2014 Meeting

B. Approval of Expense Reports Through February 28, 2014

REPORTS:

6. (1:10 p.m.) Advisory Committee

Action Item – Committee Appointments & Re-appointments

7. (1:20 p.m.) Director’s Report of Agency Activities for February 2014

DISCUSSION:

8. (1:30 p.m.) Old Business

May and July 2014 Meeting Dates


9. (1:40 p.m.) New Business

(1:45 p.m.) Adjournment

If you have questions regarding items on this agenda, would like to request a copy of backup material

for an agenda item, or would like to be added to the mailing list to receive the agendas for the monthly

LRAPA Board of Directors meetings, please call Debby Wineinger at (541)736-1056 Ext. 219.

Location is wheelchair accessible (WCS). American Sign Language (ASL) interpretation is available

with 48 hours’ notice. Please call Debby Wineinger at (541)736-1056 Ext. 219. Or email –

[email protected]

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LRAPA BOARD OF DIRECTORS AGENDA ITEM SUMMARY

Appointments and Elections

Meeting Date: March 24, 2014 Agenda Item No. 4 Department: Director’s Office Staff Contacts: Merlyn Hough/ Debby Wineinger www.lrapa.org Contact Telephone: 736-1056 x216 / x219

ISSUE STATEMENT AND SUMMARY A number of appointment and election decisions are made by the LRAPA Board early each year, usually at its February meeting. A few of those decisions were made at the January meeting. There was no quorum at the February meeting, so the remaining appointments and elections were carried over to this meeting. BACKGROUND The LRAPA Board appoints members of the Budget Committee as vacancies occur or terms expire. In addition, the LRAPA Board elects a board chair and vice-chair each year. Budget Committee. The LRAPA Budget Committee consists of 18 members, the nine members of the LRAPA Board of Directors plus nine other members of the community. Budget committee members are recruited individually by board members who nominate them for appointment by the Board. Budget committee members are appointed to 3-year terms and can be reappointed to subsequent terms. One position on the LRAPA Budget Committee (to replace Earl Koening, the designee from Eugene by Scott Lucas) requires appointment now before the budget meetings in March-May. Scott Lucas has nominated Marianne Dugan; a copy of her resume was distributed by e-mail and is also attached. Budget Officer. Now is also the time for the LRAPA Board to appoint its budget officer for FY2015. The LRAPA budget is prepared during March-May of each year for the following July-June fiscal year. The LRAPA Board has the choice of appointing the Director or the Finance Manager to serve as the budget officer for the coming fiscal year. The LRAPA Board has appointed Nasser Mirhosseyni, LRAPA Finance/HR Manager, as the budget officer for the past seven years.

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Election of Officers. Although it is not mandatory, the LRAPA board has traditionally rotated the offices among the local participants represented on the board. The attached list shows the officers since the agency was formed in 1968. The previous year’s vice-chair traditionally becomes chair for the current year, and that was the case when the LRAPA Board elected Mike Fleck as the 2014 Chair at its January 27, 2014 meeting. During the year, the vice-chair participates in pre-meeting sessions before monthly board meetings, as well as extra meetings which include just the board officers and the director. This keeps the vice-chair informed as to what is happening with the board and the director and makes it easier for that person to lead meetings if the chair is absent. It is also helpful in the transition from year to year, when the vice-chair for one year will likely be elected to the office of chair in the following year. BOARD ACTION The Board is scheduled at this meeting to:

1. Appoint a member to the Budget Committee from the Eugene area; 2. Appoint a Budget Officer for the preparation of the FY2015 budget; and 3. Elect a 2014 Vice-Chair.

STAFF RECOMMENDATION Staff recommends that the Board:

1. Appoint Marianne Dugan to the LRAPA Budget Committee for a 3-year term; 2. Appoint Nasser Mirhosseyni as the LRAPA Budget Officer for the FY2015 budget; and 3. Elect a 2014 Vice-Chair from the LRAPA Board of Directors.

. SUGGESTED MOTIONS

1. I MOVE THAT MARIANNE DUGAN BE APPOINTED TO THE LRAPA BUDGET COMMITTEE FOR A 3-YEAR TERM.

2. I MOVE THAT NASSER MIRHOSSEYNI BE APPOINTED AS THE LRAPA BUDGET OFFICER FOR THE FY2015 BUDGET.

3. I MOVE THAT _____________ BE ELECTED AS THE 2014 LRAPA VICE-CHAIR.

ATTACHMENTS

1. History of LRAPA Chairs and Vice-Chairs 1968-2013. 2. Resume of Marianne Dugan.

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Year Chair/Jurisdiction Vice-Chair/Jurisdiction 2013 Bill Brommelsiek/At-Large Mike Fleck/ At-Large 2012 Bill Brommelsiek/At-Large Mike Fleck/Cottage Grove 2011 David Monk/Eugene Bill Brommelsiek/At-Large 2010 Glenn Fortune/Oakridge David Monk/Eugene 2009 Bill Carpenter/At-Large (Springfield) Glenn Fortune (Oakridge) 2008 David Monk/Eugene Bill Carpenter/At-Large (Springfield) 2007 Faye Stewart/Lane County Earl Koenig/Eugene 2006 Dave Ralston/Springfield Faye Stewart/Lane County 2005 Dave Ralston/Springfield Gary Rayor/Eugene 2004 Shannon McCarthy/Eugene Dave Ralston/Springfield 2003 Pete Sorenson/Lane County Shannon McCarthy/Eugene 2002 Carol Tannenbaum/At-Large Pete Sorenson/Lane County 2001 Betty Taylor/Eugene Carol Tannenbaum/At-Large 2000 Betty Taylor/Eugene Pat Patterson/Cottage Grove 1999 Al Johnson/Eugene Betty Taylor/Eugene 1998 Al Johnson/Eugene Gary Whitney/At-Large 1997 Al Johnson/Eugene Maureen Maine/Springfield 1996 Pat Patterson/Cottage Grove Al Johnson/Eugene 1995 Mark Hommer/At-Large Ralf Walters/Springfield Gretchen Nicholas/Eugene Mark Hommer/At-Large 1994 Steve Dodrill/Eugene Terry Callahan/Oakridge 1993 Terry Callahan/Oakridge Steve Dodrill/Eugene 1992 George Wojcik/Springfield Terry Callahan/Oakridge 1991 George Wojcik/Springfield Darrell Williams/Cottage Grove 1990 Emily Schue/Eugene Chris Larson/Springfield

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1989 Ellie Dumdi/Lane County Emily Schue/Eugene 1988 Rich Gorman/Springfield Ellie Dumdi/Lane County 1987 Betty Horvath/Cottage Grove Rich Gorman/Springfield 1986 Emily Schue/Eugene Betty Horvath/Cottage Grove John Lively/At-Large 1985 Richard Hansen/Eugene John Lively/At-Large 1984 Bill Rogers/Lane County Richard Hansen/Eugene 1983 Sandra Rennie/Springfield Bill Rogers/Lane County 1982 Bill Whiteman/Cottage Grove Sandra Rennie/Springfield 1981 Bill Hamel/Eugene Bill Whiteman/Cottage Grove 1980 Otto t’Hooft/Lane County Bill Hamel/Eugene 1979 Bob Adams/Springfield Otto t’Hooft/Lane County 1978 Jack Delay/Eugene Keith Bates/Springfield 1977 Bob Adams/Springfield Jack Delay/Eugene 1976 Nancy Hayward/Lane County Bob Adams/Springfield 1975 Gus Keller/Eugene Bob Wood/Lane County 1974 Nancy Hayward/Lane County Gus Keller/Eugene 1973 Nancy Hayward/Lane County Darwin Courtwright/Springfield 1972 Wickes Beal/Eugene Nancy Hayward/Lane County 1971 Wickes Beal/Eugene Darwin Courtwright/Springfield 1970 Orlo Bagley/Cottage Grove Wickes Beal/Eugene Charles Teague/Eugene 1969 Frank Elliott/Lane County Darwin Courtwright/Springfield Charles Teague/Eugene 1968 Frank Elliott/Lane County Bruce Lassen/Eugene L. H. Wojcik/Springfield

MARIANNE DUGAN259 East 5th Avenue, Suite 200-D

Eugene, OR 97401

ADMITTED TO PRACTICE in Oregon state and federal courts, the U.S. Supreme Court,U.S. Court of Federal Claims; and Third, Sixth, Eighth, Ninth, D.C., and Federal CircuitCourts of Appeals

EDUCATION: University of Oregon, School of Law, Eugene, Oregon J.D. 1993Class rank 5th; Order of the CoifCertificate of Completion in Environmental & Natural Resources LawCertificate of Completion in Ocean & Coastal LawTeaching Ass't, Envtl Policy & Research SeminarExecutive Editor, J. of Envir. Law & Litigation

University of Oregon, Environmental Studies DepartmentM.A. 1998, terminal project on Citizen Participation in Wetlands Planning

University of Colorado, Boulder, B.A. in Anthropology, June 1980

EMPLOYMENT: Sole Practitioner, Marianne Dugan, Attorney at Law, May 2005-presentEugene, OregonDevelop and handle all aspects of cases involving employment law, civilrights, public lands law, National Environmental Policy Act, EndangeredSpecies Act, National Forest Management Act, administrative law, realproperty disputes, legal malpractice, and state and federal appeals.

Adjunct Professor, University of Oregon School of Law, 2008- 2011 – Introduction to American Legal System and Common LawReasoning (aimed at international LL.M. students); Public Lands Law;Natural Resources Law

Partner, Facaros & Dugan, Feb. 1999-Apr. 2005 Eugene, Oregon

Develop and handle all aspects of cases involving National EnvironmentalPolicy Act, Endangered Species Act, Clean Water Act, public lands, landuse, administrative law, personal injury, legal and medical malpractice,real property, employment law, civil rights, and state and federal appeals.

Associate Director, Aug. 1995-Jan. 1999Attorney, Aug. 1993-Jan. 1999

Western Environmental Law Center, Eugene, OregonNon-profit public interest environmental litigation firm. Developed andhandled all aspects of cases involving public lands, wildlife, NationalEnvironmental Policy Act, and Freedom of Information Act, and served asAssociate Director, handling administrative duties such as personnel, non-profit status, and budget development.

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Law Clerk, May 1992-May 1993, Johnson & Kloos, Eugene, OregonLand use, water, and environmental law, including preparing pleadingsand discovery requests and reviewing and organizing discovery.

Law Clerk, March 1992-May 1993, Gildea & Facaros, Eugene, OregonGeneral practice, especially personal injury (plaintiffs), property, and landuse law. Legal research, pleadings, client interviews.

Law Clerk, May 1991-March 1992, Sahlstrom & Dugdale, Eugene, OregonPersonal injury (plaintiffs) and family law. Research, drafting pleadings,motions, discovery requests and responses; clients interviews.

Free-Lance Writer, November 1988-August 1995Researched and wrote articles for Current Biography, a library referenceperiodical published by H.W. Wilson Co., New York.

Patient Accounts Manager, February 1989-June 1990 Patient Accounts Representative, May 1988-Feb. 1989

Ashland Community Hospital, Ashland, Oregon Managed patient relations and billing; supervised and trained patient reps.

Senior Program Coordinator and Advocate, 1987-1988 Gleaning Project, Medford, Oregon (VISTA Volunteer) Designed advocate program for elderly and disabled; recruited, trainedand supervised volunteers; coordinated annual delivery of 500,000 poundsof food to senior citizen and disabled "adoptees."

Housing Program Administrator/Grantwriter, 1980-1981 Karuk Tribe, Happy Camp, California (VISTA Volunteer)

Wrote and administered HUD grants; developed policies & procedures;trained staff; developed housing resources directory and library.

VOLUNTEER Oregon State Bar Civil Rights Section Executive Committee, 2008-present; EXPERIENCE: Treasurer 2012 - present

Board Member, Portia Project, 2005 - present (assisting incarcerated women)

University of Oregon Environmental Moot Court Coach, 2007 - present

Chair, Sierra Club Litigation Committee, November 2013 - present; MemberJuly 2003 - present

Treasurer (previously President and Secretary and board member), Friends ofLand-Air-Water, 1995-present

Board member/Treasurer, Western Lands Project, 1999-present

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Secretary and President (at various times), Civil Liberties Defense Center,2004 - 2013

Oregon State Bar Federal Practice & Procedure Committee, 2008-2010

Panelist, annual Public Interest Environmental Law Conference, Universityof Oregon, several years from 1998 to present, on 9th Circuit procedure,NEPA case law, and Ethics

Sierra Club Associate Inspector of Elections, 2014Alternate Inspector of Elections, 2008-13

Member, Sierra Club national ad hoc task force (internal issues), 2008

Member, Sierra Club Election Reform Task Force, 2004 - 2005

Co-Chair, Oregon Trial Lawyers Association Publications Committee, July2005 to 2009 (member of committee Feb. 2003 - Feb. 2009)

Member, Oregon Trial Lawyers Association Education Committee, Dec.2003 to 2007

Grantwriter and Board Secretary, So. Oregon Gleaning Network, 1988-1990

Board Secretary, Southern Oregon NOW, 1988-1989

Steering Committee, So. Oregon Women's History Month Program, 1988-89

PUBLICATIONS: Oregon State Bar CLE, Torts, 2012 update of chapter on Toxic Torts

"Ninth Circuit Procedure," unpublished, 25 pages, updated regularly anddistributed at lectures and to public interest attorneys free of charge, alongwith similar guides, such as an 18-page Oregon federal civil practiceguide.

"Obtaining Attorney Fees in 42 U.S.C. § 1983 Cases"-- Presented at April1, 2005, Oregon State Bar CLE on Federal Civil Rights Litigation,unpublished

"Overview of the National Environmental Policy Act -- NEPA," presentedat March 2005 Public Interest Law Conference, and in Univ. of Oregonadministrative law class October 2006 – unpublished, 16 pages, updatedregularly and distributed at lectures and to public interest attorneys

"Obtaining EAJA and Civil Rights Attorney Fees When Your Case IsMooted out of Court," unpublished, March 2004, 2 pages, updatedregularly and distributed a lectures and to public interest attorneys

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"U.S. District Court Amends Local Rules of Civil Practice, Part II," in theAugust 2002 Portland Federal Bar Section newsletter (co-authored withRichard J. Vangelisti)

Co-author, Oregon State Bar CLE, Torts, 2000 update of chapter on"Vehicle Collisions and Crashes."

"Getting Paid to Create Justice – State and Federal Fee Shifting Statutes"unpublished, 14 pages; distributed at 2002 OTLA convention

"Employment Law Overview," unpublished, 10 pages, distributed at apresentation at Oak Hills School in Eugene, Oregon, June 22, 2002

"Are Citizen Suits CERCLA § 113(h)'s Unintended Victims?" 27Environmental Law Reporter 10003 (Jan. 1997)

"Citizen Participation in Wetlands Planning in the Northwest," 9 Journalof Environmental Law and Litigation 29 (1994).

"GATT and NAFTA Implications for the Organic Farmer, the Consumer,and the Environment," In Good Tilth, Oct. 1992

"Inert Ingredients and Legal Action," J. Pesticide Reform, Fall 1992

Editor/Researcher/Writer for Southern Oregon Fair Share -- Newsletter,"Legislative Update," report on southern Oregon economy, 1987-1989

Approximately 20 articles in Current Biography

AWARDS: Listed in "Oregon Super Lawyers" 2007, 2008, and 2009 as one of the topenvironmental lawyers in Oregon (and the only one of those selected whois not a member of a large law firm)

Kerry Rydberg award for Achievement in Public Interest EnvironmentalActivism, Public Interest Environmental Law Conference, University ofOregon School of Law, 2004

Order of the Coif, 1993

Amer. Jurisprudence Award, Constitutional Law II, 1993

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M I N U T E S LANE REGIONAL AIR PROTECTION AGENCY

B O A R D O F D I R E C T O R S M E E T I N G

MONDAY-FEBRUARY 24, 2013

LRAPA MEETING ROOM

1010 MAIN STREET

SPRINGFIELD, OREGON

ATTENDANCE:

Board: Mike Fleck, Chair; - (At-Large General); Dave Ralston-Springfield; Joseph Gonzales–Eugene;

Pat Farr–Lane County

Absent: Claire Syrett-Eugene; Bill Brommelsiek-–At-Large (Springfield Area); Scott Lucas–Eugene;

Jeannine Parisi–Eugene; Glenn Fortune–Cottage Grove/Oakridge

Staff: Merlyn Hough–Director; Debby Wineinger; Nasser Mirhosseyni; Max Hueftle; Robbye

Lanier; Sally Markos

Others: LRAPA Advisory Committee Chair Maurie Denner; LRAPA Advisory Committee Member

Jim Daniels

1. OPENING: Fleck called the meeting to order at 12:15 p.m.

2. ADJUSTMENTS TO AGENDA:

None

3. PUBLIC PARTICIPATION:

None

4. CONSENT CALENDAR:

Approval of Minutes of January 27, 2014 Board of Directors Meeting

Approval of Expense Reports Through January 31, 2014

QUORUM ABSENT – NO ACTION, POSTPONED UNTIL MARCH 24, 2014 MEETING

5. ADVISORY COMMITTEE:

Denner said there was an additional page with the CAC report that listed possible topics for 2014. The

second half of the page shows completed tasks during 2012 & 2013.

The CAC is continuing with the open burning topic with proposals for size requirements for

ceremonial fires.

New board member Lane County Commissioner Pat Farr asked how many members were on the

advisory board. Robbye Lanier said there were 12 members. Denner added that they are recruiting to

fill a vacancy through the end of February. Also, Maurie Denner was reelected for the CAC chair.

M I N U T E S February 24, 2014

LRAPA Board of Directors Meeting -2-

6. DIRECTOR’S REPORT OF AGENCY ACTIVITIES FOR JANUARY 2014:

Hough started by saying the first page shows the most recent month’s air quality. He explained that

the AQI charts included in the report give a longer view perspective. Overall, this winter has made it a

challenge to stay within standards.

Hough said page two reports the number of complaints that are received in comparison to previous

years. The table included on the middle of page three is relatively new. It gives a perspective of the

enforcement actions previous years to date.

Hough talked about the bottom of page three where he recently has added updates on some national

issues of LRAPA interest. They are highlights from the National Association of Clean Air Agencies

(NACAA) Washington Update. This part of the director’s report gives a quick glance of things that

might be of potential interest to the board.

Hough said the next topic in the report was public information. Sally Markos outlines the activities for

the month. There is information on new projects, on-going and completed work. Following this

information are updates on future agenda items.

The last part of the report contains details on the enforcement actions that were summarized earlier in

the report. Fleck asked about the hearings and wanted to know if they were at the director’s or the

board’s level. Hough said there were all at staff’s level. Fleck said the reason he was asking was if

they appeal staff’s decision, does it goes up to the board’s level? Hough said there is that potential, but

unlikely. Occasionally someone will ask for a hearing, but really what they want is to be able to

present their side of the case. We send a letter letting them know there are three responses they could

have: (1) just pay the fine, or (2) request a settlement at a reduced amount after further explanation of

the circumstances, or (3) contest that the violation occurred and take it to a contested case hearing.

That would happen with an administrative hearings officer. If the respondent disagreed with the

decision of the hearings officer, it could then be appealed to the board. It is rare that a case comes to

board level.

7. DASHBOARD REPORT:

Hough said this is sort of an extension to the director’s report. This report aligns with priorities that

we update every year. The first page shows outcomes determined by EPA under the Clean Air Act.

The more we looked at this information at the staff level this may not be necessary, because some of

the information on the first page is duplicated in the other three pages of the report. The text

highlighted in purple designates issues staff feels is particularly important.

The second page shows work related to particulate matter, the third page air toxics and ozone, and the

fourth page agency administration or other cross-program activities.

Hough said that staff has also discussed adding something to show a dashboard update for Airmetrics.

Ralston and Gonzales commented that they appreciated the work that went into all of the reporting

and find it useful.

8. APPOINTMENTS:

QUORUM ABSENT – NO ACTION, POSTPONED UNTIL MARCH 24, 2014 MEETING

M I N U T E S February 24, 2014

LRAPA Board of Directors Meeting -3-

Discussion:

Jeannine Parisi had called and left a message with Debby Wineinger and it was forwarded via email to

Merlyn Hough and Mike Fleck. She will not be able to attend today’s meeting. She wanted to let the

board know she would entertain the vice chair position if her name comes up, but she will be at the

end of her three year term in July 2014”. Ralston thought she would be a good candidate. Fleck

mentioned that he thought the City of Eugene would reappoint Jeannine if she was interested in

continuing to represent the city. (Note: The terms of Eugene representatives Jeannine Parisi and Scott

Lucas both end on June 30, 2014, but it is staff's understanding that both are eligible to be reappointed

by the Eugene Mayor and Council if they are willing to continue and reapply to do so).

The next meeting scheduled for March 24th, will be for both the normal board meeting and the first

budget committee meeting. The matter of appointing a budget officer, and new budget committee

member will have to done before the budget portion of the meeting begins.

Advisory committee will have some potential reappointments coming up and possible new applicant.

9. OLD BUSINESS:

None

10. NEW BUSINESS

May and July 2014 Meeting dates

QUORUM ABSENT– NO ACTION, POSTPONED UNTIL MARCH 24, 2014 MEETING

Discussion:

The normal May meeting would fall on the 26th that date is the Memorial Day holiday. The consensus

of the group was to hold the meeting Thursday, May 29th.

Merlyn Hough has a conflict with the meeting date in July. The group discussed a possible date of

Thursday, July 31st or meeting in August (there normally is no meeting in August). Another option is

cancelling the meeting in July altogether.

An email will be sent out to include board members that were not at today’s meeting to advise them on

the discussion of these dates.

11. ADJOURNMENT:

The meeting adjourned at 1:07 p.m. The next regular meeting of the LRAPA Board of Directors

and first Budget Committee Meeting is scheduled for 11:00 am (please note earlier start time) on

Monday, March 24, 2014. Location - Springfield Justice Center Second Floor Emergency

Operation Center (EOC) Meeting Room, located at 230 4th Street, Springfield, OR 97477.

Respectfully submitted,

Debby Wineinger

Recording Secretary

LRAPA Board Report

YEAR TO DATE % OF YEAR

ALL FUNDS OVER

July 1, 2013 - February 28, 2014 66.67%

GENERAL FUND TOTAL PERIODIC % RECEIVED

BUDGET ACTUAL AVERAGES REMAINING OR USED

REVENUES

GRANTS: 532,600.00 247,263.36 355,066.67 285,336.64 46.43%

Federal Base 237,320.00 135,817.00

State 128,900.00 31,233.00

Others 166,380.00 80,213.36

LOCAL DUES: 131,350.00 106,354.00 87,566.67 24,996.00 80.97%

City of Eugene 55,000.00 30,000.00

Lane County 42,200.00 42,200.00

City of Springf. 21,220.00 21,224.00

City of Cottage Grove 3,670.00 3,670.00

City of Oakridge 9,260.00 9,260.00

PERMIT FEES: 745,370.00 647,117.24 496,913.33 98,252.76 86.82%

Point Source 506,960.00 468,338.00

GDF & GHG & Other Fees 48,740.00 85,286.00

Asbestos Fees 112,480.00 85,582.00

Misc Fees & Others 77,190.00 7,911.24

TRANSFERS FROM OTHER FUNDS 40,000.00 0.00 26,666.67 40,000.00 0.00%

TOTAL REVENUES $1,449,320.00 $1,000,734.60 $966,213.33 $448,585.40 69.05%

EXPENDITURES

PERSONNEL 1,056,990.00 648,329.88 704,660.00 408,660.12 61.34%

MATERIAL & SERVICES: 226,740.00

SUPPLIES & SERVICES: 204,680.00 114,296.88 136,453.33 90,383.12 55.84%

OTHER GRANTS PASS-THRU 0.00 0.00 0.00 0.00 0.00%

TRAVEL & TRAINING 11,700.00 7,694.35 7,800.00 65.76%

VEHICLE OPERATING EXPENSES 10,360.00 6,311.42 6,906.67 4,048.58 60.92%

CONTINGENCY 95,000.00 0.00 63,333.33 95,000.00 0.00%

CAPITAL/DEBT SERVICE 30,000.00 0.00 20,000.00 30,000.00 0.00%

TOTAL EXPENDITURES $1,408,730.00 $776,632.53 $939,153.33 $628,091.82 55.13%

BEGINNING FUND BALANCE 614,980.00 614,980.00 614,980.00

INCREASE/(DECREASE) IN FUND BALANCE 40,590.00 224,102.07 27,060.00

ENDING FUND BALANCE $655,570.00 $839,082.07 $642,040.00

TITLE V TOTAL PERIODIC % RECEIVED

BUDGET ACTUAL AVERAGES REMAINING OR USED

REVENUES

PERMIT FEES 534,900.00 542,620.00 356,600.00 -7,720.00 101.44%

TOTAL REVENUES $534,900.00 $542,620.00 $356,600.00 ($7,720.00) 101.44%

EXPENDITURES

PERSONNEL 405,530.00 226,217.62 270,353.33 179,312.38 55.78%

MATERIAL & SERVICES 73,500.00 49,000.00 73,500.00 0.00%

SUPPLIES & SERVICES: 66,400.00 28,374.54

TRAVEL & TRAINING 7,100.00 6,982.39 4,733.33 117.61 98.34%

CONTRACT SERVICES 0.00 0.00 0.00 0.00 0.00%

TRANSFER TO GENERAL FUND 15,000.00 0.00 10,000.00 15,000.00 0.00%

CAPITAL/DEBT SERVICE 0.00 0.00 0.00 0.00 0.00%

TOTAL EXPENDITURES $494,030.00 $261,574.55 $334,086.67 $267,929.99 52.95%

BEGINNING FUND BALANCE 252,970.00 252,970.00 252,970.00

INCREASE/(DECREASE) IN FUND BALANCE $40,870.00 $281,045.45 $22,513.33


LRAPA Board Report

YEAR TO DATE % OF YEAR

ALL FUNDS OVER

July 1, 2013 - February 28, 2014 66.67%

AIRMETRICS

TOTAL PERIODIC % RECEIVED

REVENUE BUDGET ACTUAL AVERAGES REMAINING OR USED

SAMPLER SALES 1,051,880.00 397,485.25 701,253.33 654,394.75 37.79%

FILTER WEIGHING SERVICES 100.00 0.00 66.67 100.00 0.00%

INTEREST & FREIGHT INCOME 31,380.00 26,460.44 20,920.00 4,919.56 84.32%

SAMPLER RENTAL INCOME 7,500.00 4,050.00 5,000.00 3,450.00 54.00%

SALES OF PARTS & ACCESSORIES 105,210.00 84,118.75 70,140.00 21,091.25 79.95%

TOTAL REVENUE $1,196,070.00 $512,114.44 $797,380.00 $683,955.56 42.82%

EXPENSES

PERSONNEL 114,220.00 86,537.27 76,146.67 27,682.73 75.76%

MATERIAL PURCHASE 925,550.00 361,019.74 617,033.33 564,530.26 39.01%

LICENSOR FEES (ROYALTIES) 0.00 0.00 0.00 0.00 0.00%

EQUIPMENT 2,500.00 0.00 1,666.67 2,500.00 0.00%

CONSULTANTS/RESEARCH & DEVELOPMENT 5,000.00 0.00 3,333.33 5,000.00 0.00%

GENERAL EXPENSE & OTHERS 20,390.00 15,101.94 13,593.33 5,288.06 74.07%

TRANSFER TO GENERAL FUND 25,000.00 $78.51 16,666.67 24,921.49 0.00%

TOTAL EXPENSES $1,092,660.00 $462,737.46 $728,440.00 $629,922.54 42.35%

BEGINNING FUND BALANCE $410,700.00 $410,700.00 $410,700.00

INCREASE/(DECREASE) IN FUND BALANCE $103,410.00 $49,376.98 $68,940.00


LRAPA Board Report % OF YEAR

YEAR TO DATE OVER

ALL FUNDS

July 1, 2013 - February 28, 2014 66.67%

Keep financial reserves at 120 days minimum (LRAPA Board Adopted Target)

Below 120 days =

Below 90 days =

$0

$200,000

$400,000

$600,000

$800,000

$1,000,000

$1,200,000

Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Cas

h in

Do

llars

Monthly Cash Balance

LRAPA Government Activities Operating Cash Flow2013-2014

Projected Cash Balance Actual Cash Balance

SPECIAL PROJECTS STATUS REPORT

Everybody Wins, Phase I & II –

The program is in the maintenance stage and the status is on-going. The final audited financials

for BETC (State of Oregon DOE Business Energy Tax Credit) was filed during September 2012

and LRAPA is awaiting the ODOE determination to qualify the project. Staff is to follow up with

Oregon DOE and inquire about the status of this project and the reasons for delay.

Cascade Sierra Solutions (CSS) – CSS and LRAPA will continue to collaborate in joint

programs that will benefit both operations. CSS webpage is www.cascadesierrasolutions.org . To

see the board composition, log on to the site and click on the about us tab.

Warm Homes, Clean Air Project/Oakridge Non-attainment Program –

LRAPA secured the customary allocation from the State through the Department of

Environmental Quality to continue its efforts in Oakridge to achieve attainment under the

newest air quality standards.

Exploring potential diesel retrofit projects for Lane County Public Works vehicles. DEQ

is to provide funding and LRAPA will coordinate with Lane County.

LRAPA staff met with Oakridge city manager, police chief, and circuit court judge to

discuss home wood heating enforcement. Continue to explore the use of City funds for

change-outs, and a start of a fire wood exchange program.

Staff will be partnering with Spokane Clean Air Agency and other Washington

locals to produce new television commercial highlighting the health impacts related

to exposure to wood smoke.

http://www.cascadesierrasolutions.org/

LRAPA CITIZENS ADVISORY COMMITTEE (CAC)

Meeting Notes

February 25, 2014

Attending: Maurie Denner (chair), Jim Daniels, Randy Hledik, Link Smith

Absent: John Tamulonis, Paul Engelking, Russ Ayers, Hugh Larkin II, Larry Dunlap, Chuck

Gottfried, Laura Seyler, Gery Vander Meer

Public: No members of the public

Staff: Merlyn Hough, Sally Markos

Call to Order: 12:10PM Public Participation: None

Matter at hand:

Board update: Maurie recapped his report to the LRAPA board. He reviewed the list

of topics the CAC had identified as future agenda items. The board gave the go-ahead to put the topics on the CAC agenda for future discussion. Maurie brought up a request from Larry Dunlap. Larry would like to have another member of the public health sector added to the CAC. Maurie mentioned the dates had been set for the LRAPA budget committee meetings. The committee will meet on March 24 and April 28. If a third meeting is needed, the committee will meet on May 29.

Organizational matters: Due to lack of a quorum, this item was postponed until the March meeting.

LRAPA Rules and Regulations: Title 47 – Open Burning – Part 2 of discussion:

Same discussion as last meeting: It was noted staff drafted language changes to Title 47 and brought it to the CAC for review. The changes included religious ceremonial fires being defined by the size and type of material being burned. The restrictions on the size of this type of fire was differentiated from the larger bonfire type which would require an Open Burning Letter Permit. Questions arose regarding the issuance of letter permits for burning outside of the season. That discussion will continue when LRAPA staff are available to answer questions.

The discussion continued to address the topic of burning grass clippings and leaves. Staff explained the problems of excessive smoke from grass clippings and leaves, which tend to smolder when burned because of their moisture content. Burning grass clippings and leaves is currently prohibited within the Eugene/Springfield UGBs. A discussion followed about the need to expand the ban to all areas where open burning is allowed. Smoke trespass was the final topic discussed. A question came up about implementing a rule regarding visible smoke trespass onto neighboring properties. If a rule was passed, it was thought a two-year grace period would be needed to give LRAPA time to inform and educate residents about the rule. Enforcement of the rule was discussed including the challenge of how to distinguish between the nuisance of smelling smoke and actually seeing visible smoke.

Roundtable: No items.

Adjourned 1:10 PM

Next Meeting: March, 25 2014

http://www.lrapa.org/downloads/permit_forms/ReqOpenFire_-_fillable.pdf

1

LRAPA BOARD OF DIRECTORS AGENDA ITEM SUMMARY

Advisory Committee Appointment and Reappointments

Meeting Date: March 24, 2014 Agenda Item No. 6 Department: Director’s Office Staff Contacts: Merlyn Hough/ Robbye Lanier

www.lrapa.org Contact Telephone: 736-1056 x216 / x214

ISSUE STATEMENT AND SUMMARY There are vacancies on the LRAPA Advisory Committee. There are twelve members at this time and can be up to fifteen allowed under the by-laws. Two members resigned from the Advisory Committee in November 2013. Four appointment terms have recently expired or will be expiring in the near future and all four members have applied for reappointment to another three-year term. BACKGROUND

The LRAPA Board periodically appoints or reappoints persons to the Advisory Committee. Terms are staggered to ensure continuity of committee activities. The Board appointed one new committee member in January 2012 and one in May 2012. Advisory Committee members are appointed to three-year terms. The Advisory Committee consists of seven and not more than fifteen members representing several areas of interest specified in the Oregon statues and LRAPA rules. The groups are: Public health agencies; Agriculture; Industry; Community Planning; Fire Suppression; and General Public. New applicant. This past year the Advisory Committee had fourteen members, but two members recently resigned (Earl Koening and Moniqué Lopez). Openings were advertised for applications through February 28, 2014, and one general public category application was received from Terry S. Richardson. Reappointments. Four members of the Advisory Committee are up for reappointment due to

term expirations. All four of the members have indicated they would like to serve another three-

http://www.lrapa.org/

2

year term. For the past several years, it has been board policy to reappoint committee members automatically after the first term expiration if a member indicates the desire to continue to serve. The board has indicated it would like other members who are completing their second or subsequent terms to be reconsidered along with new applicants. The by-laws stipulate only that members shall serve three-year terms and may be reappointed. Two members are ending their first term while the other two members are ending their second or subsequent terms.

Jim Daniels, industry, 1 term served Laura Seyler, industry, 1 term served Maurie Denner (Chair), general public, 3 terms served Dr. Larry Dunlap, public health agencies, 5 terms served

BOARD ACTION

1. The Board could appoint additional member(s) to the Advisory Committee at this time, or not.

2. The Board could reappoint all four members at this time. 3. The Board could choose to solicit additional interest from the public.

STAFF RECOMMENDATION Staff recommends that the Board:

1. Appoints Terry S. Richardson as a new member of the Advisory Committee to represent the General Public;

2. Reappoints all four Advisory Committee members reapplying for another three-year term.

SUGGESTED MOTIONS

I MOVE APPROVAL OF THE ABOVE RECOMMENDATION.

ATTACHMENTS

1. Terry S. Richardson application for the LRAPA Advisory Committee (NEW). 2. 2014 Current Advisory Committee Membership. 3. Maurie Denner application for reappointment to the LRAPA Advisory Committee. 4. Larry Dunlap application for reappointment to the LRAPA Advisory Committee. 5. Jim Daniels application for reappointment to the LRAPA Advisory Committee. 6. Laura Seyler application for reappointment to the LRAPA Advisory Committee.

Rev. 3/13/2014

Current Advisory Committee Membership

2014

Name Interest Employer Area of Original Term Represented or profession Residence Appointment Expires

Russ Ayers General Public International Paper Eugene 05/09/00 05/09/16

(Retired Env Engineer)

Maurie Denner General Public Looking Glass Eugene 04/26/05 04/26/14

(Chair)

Larry Dunlap Health Physician Eugene 05/11/99 05/11/14

Paul Engelking General Public U of O Chemistry Lowell 02/18/97 04/11/15

Professor

John Tamulonis Planning City of Springfield Eugene 06/24/97 04/11/15

Community Development

Gery VanderMeer General Public Auto Broker Springfield 04/08/03 03/11/15

Hugh Larkin II General Public Green Gear/Bike Friday Eugene 02/01/07 02/01/16

Chuck Gottfried Agriculture City of Springfield Springfield 04/14/09 04/14/15

Link Smith Fire suppression ODF Veneta 04/14/09 04/14/15

Jim Daniels Industry Rosboro Cottage Grove 4/25/11 4/25/14 auto

Laura Seyler Industry International Paper Eugene 4/25/11 4/25/14 auto

Randy Hledik Industry Wildish Sand & Gravel Eugene 01/31/12 01/31/15

LRAPA BOARD OF DIRECTORS

AGENDA ITEM SUMMARY

Director’s Report for February 2014

Meeting Date: March 24, 2014 Agenda Item No.: 7

Department: Director’s Office Staff Contact: Merlyn Hough, Director

www.lrapa.org Contact Telephone: (541) 736-1056 Ext. 216

AIR QUALITY

Eugene-Springfield

Air quality in February was in the good category on 21 days, moderate on 6 days and unhealthy for sensitive

groups on 1 day, with a high AQI of 101 for particulate matter (PM) on February 9th.

Oakridge

Air quality in February in the good category on 19 days and moderate on 9 days, with a high AQI of 72 for

particulate matter (PM) on February 7th.

Attachment No. 1: Air quality index (AQI) charts for Eugene/Springfield (February)

Attachment No. 2: Air quality index (AQI) charts for Oakridge (February)

(Giles, Hough, Markos, Wagstaff)

COMPLAINTS: 02/01/14 to 02/28/14

TOTAL: 29

1. Smoke – 24 total smoke complaints: 15 for open burning and 9 for home-wood heating.

2. Odor – 4 total odor complaints: 2 for J.H. Baxter; 1 for Momentive Specialty Chemical and

1 for unknown odor.

3. Fugitive Dust - 1 total odor complaints: 1 for unknown.

http://www.lrapa.org/

Director’s Report March 24, 2014

For February 2014 -2-

For perspective, here is how the number of complaints received year-to-date in 2013 compares to

previous years:

Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014*

Dust 15 17 35 33 6 21 21 34 33 44 30 1

Ag/Field Burning 96 103 330 576 341 101 24 9 13 1 17 -

General Air Quality 6 2 8 7 63 14 21 2 6 6 26 5

Home Wood Heating 71 82 80 89 82 130 113 62 135 95 219 38

Industry 530 880 768 465 327 231 270 265 169 128 122 9

Open Burning 90 163 179 169 390 293 277 268 341 268 321 41

Slash Burning 9 8 31 41 33 25 3 5 16 7 5 -

Miscellaneous 32 66 75 95 109 137 61 77 101 79 52 2

Unknown 103 110 97 105 124 59 25 12 25 17 14 5

Total 1056 1525 1719 1643 1496 1011 815 7345 734 645 806 101

* Year-to-date.

(Freeman/Markos/Morrissey/Wagstaff)

OPEN BURNING LETTER PERMITS

There were two (2) Special Letter Permits issued in February for land clearing debris and

commercial debris.

1. Issued Special Letter Permit 20B14-02-03 on February 3 to Emerald Valley Golf/Resort -

Scott Larsen, 83301 Dale Kuni Road, Creswell, to burn 50 cubic yards of Commercial debris

located at the same address.

2. Issued Special Letter Permit 20B14-02-04 on February 12 to Steven Swetland, 46440 Hines

Way, Westfir, to burn 30 cubic yards of Land Clearing debris located at Middle Forks

Subdivision - Lot #4, End of Hines Way, Westfir.

(Morrissey/Wagstaff)

ENFORCEMENT: 02/1/14 to 02/28/14

Category of Violation New Follow-Up Action Pending Closed Total

Asbestos - - - - -

Industrial - - 1 - 1

Open Burning 2 3 6 1 12

Fugitive Dust - 1 2 - 3

Home-Wood Heating - - - - -

Totals 2 4 9 1 16

Attachment No. 3: Enforcement activities during these reporting periods for case details.



For perspective, here is how the number of enforcement actions year-to-date in 2013 compares to

previous years:

Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014*

Notices of Non-compliance and Warnings 103 52 55 51 48 57 37 57 64 41 51 7

Notices of Violation with Civil Penalties 67 31 39 33 47 36 28 39 42 29 23 11

* Year-to-date.

(Freeman/Hough/Morrissey/Wagstaff)

ASBESTOS ABATEMENT

During February, LRAPA received 23 notices of asbestos removal projects, one of which was a

school (Blue Mountain School). (Freeman/Lanier)

UPDATE ON SOME NATIONAL ISSUES OF LRAPA INTEREST

The National Association of Clean Air Agencies (NACAA, the organization of state and local air

directors) publishes a Washington Update every Friday. The following excerpts relate to some

national issues reported since the February 24, 2014 LRAPA Board meeting, and that may be of

interest to the LRAPA Board of Directors and other readers of this Director's Report. I organized the

updates under the topics of:

Residential Woodsmoke and Particulate Matter Strategies;

Cleaner Fuels and Cleaner Vehicles;

Air Toxics;

Ozone Health Standards;

Federal-State-Local Partnerships and National Air Grant Funding; and

Energy Policies and Climate Change.

Residential Woodsmoke and Particulate Matter Strategies

NACAA Testifies at EPA Hearing on Proposed NSPS for Residential Wood Heaters (February

26, 2014) – Nancy Seidman (MA) testified on behalf of NACAA at EPA’s public hearing on the

proposed New Source Performance Standards (NSPS) for new residential wood heaters. In its

testimony, NACAA notes the emissions, air quality and public health impacts of residential wood

combustion and highlighted several features of the proposal with which the association is especially

pleased. The proposal is for federal standards, which are essential for these sources because

residential wood combustion is extremely difficult to regulate at the state level. In addition, EPA’s

proposal would, for the first time, apply federal emission limits to an expanded array of new

residential wood combustion devices beyond the narrowly defined set of indoor wood stoves covered

by the existing federal rules. NACAA also indicates that it is in favor of rigorous emission limits for

all sources affected by the proposal. There are several provisions of the proposal that NACAA

believes could be strengthened. In particular, the association believes manufacturers can do better



than what EPA has proposed, especially regarding the level of the emission standards and the pace of

required improvements. Although NACAA is still studying these provisions, the association notes

that at least 70 percent of the affected devices already meet a standard that is one-third lower than

EPA’s proposed Phase 1 standard of 4.5 grams PM per hour for new woodstoves, pellet stoves and

single burn rate stoves. In addition, NACAA questions whether five years, as contemplated under

EPA’s preferred compliance approach, is too long given that the proposed final standards are already

being met by top industry performers. NACAA will continue to study these and other provisions of

the proposal and provide additional comments to EPA in writing by the May 5, 2014 comment

deadline. For further information: http://4cleanair.org/Documents/NACAA_Testimony-

Proposed_Wood_Heater_NSPS-02-26-14.pdf

Cleaner Fuels and Cleaner Vehicles

NACAA Meets with OMB to Urge Swift Promulgation of Tier 3 with Implementation

Beginning in 2017 (February 20, 2014) – Representatives of NACAA met with officials from the

Office of Management and Budget (OMB) and the White House Council on Environmental Quality

to urge the Administration to support and enable EPA to adopt the final Tier 3 vehicle emissions and

gasoline sulfur standards this month so they will take effect in 2017, as EPA proposed last year. EPA

sent its final Tier 3 rule package to OMB for review on Friday, January 24, 2014. The group

conveyed the overarching message that there is no other air pollution control strategy we are aware

of that can achieve such substantial, cost-effective and immediate emission reductions as Tier 3 and

that it is imperative that this rule take effect – and that state and local air agencies are able to garner

the associated emission reductions – beginning in 2017. Among the key points they highlighted are

that the cars and light trucks that are the focus of Tier 3 are a primary contributor to the air quality

challenges many areas across the country face, especially with respect to ozone and fine particulate

matter; that reducing annual average sulfur concentrations in gasoline to 10 parts per million (ppm)

beginning January 1, 2017 will result in an immediate reduction in nitrogen oxide (NOx) emissions

of nearly 300,000 tons from the existing fleet, which, according to a NACAA analysis conducted in

2011, is equivalent to taking 33 million Tier 2 vehicles off the road in 2017; that states and localities

are counting on the emissions reductions from Tier 3, beginning in 2017, to fulfill statutory

obligations; that by 2030, Tier 3 will reduce onroad mobile source emissions of NOx, volatile

organic compounds, carbon monoxide and total air toxics by one-quarter, fine particulate matter by

10 percent and the potent toxic air pollutant benzene by more than a third; and that every single state

in the country will reap environmental and public health benefits from the rule. All this comes at a

cost of less than a penny a gallon for the 10-ppm sulfur gasoline and less than $150 per vehicle for

the Tier 3 vehicle emissions control technology and at a cost-effectiveness that cannot be matched by

other available strategies. The participating air directors also offered illuminating remarks on the

benefits of Tier 3 specific to their respective areas. NACAA’s meeting delegation (some of whom

participated in person and some by phone) included the association’s Co-Presidents, Tad Aburn

(MD) and Merlyn Hough (Springfield, OR), as well as Bryce Bird (UT), Arturo Blanco (Houston,

TX), Mike Fitzgerald (NH), Bart Sponseller (WI), Eddie Terrill (OK), NACAA’s Mobile Sources

and Fuels Committee Co-Chairs, Nancy Seidman (MA) and Barry Wallerstein (Los Angeles, CA),

Bill Becker (NACAA), Nancy Kruger (NACAA) and Paul Miller (NESCAUM). For further

information: http://4cleanair.org/Documents/NACAA_Tier3_Letter_to_OMB_EPA-02-04-141.pdf

EPA Announces Final Tier 3 Rule (March 3, 2014) – EPA Administrator Gina McCarthy held a

national press call to announce the final Tier 3 motor vehicle emission and fuels standards. The

Administrator was joined by representatives of three key stakeholder groups, each of whom also

made remarks on the call: Tad Aburn (MD), Co-President of NACAA: Harold Wimmer, National

http://4cleanair.org/Documents/NACAA_Testimony-Proposed_Wood_Heater_NSPS-02-26-14.pdf

http://4cleanair.org/Documents/NACAA_Testimony-Proposed_Wood_Heater_NSPS-02-26-14.pdf

http://4cleanair.org/Documents/NACAA_Tier3_Letter_to_OMB_EPA-02-04-141.pdf



President and CEO of the American Lung Association; and Mike Robinson, a Vice President of

General Motors. The final Tier 3 rule establishes tighter vehicle tailpipe standards and gasoline

sulfur requirements, including new fleet-average standards for the sum of non-methane organic gases

plus nitrogen oxides (NMOG+NOx) and per-vehicle particulate matter standards, to take effect

beginning with the 2017 model year, and a 10-parts-per-million average fuel sulfur standard, to take

effect on January 1, 2017. As NACAA has stated for several years, there is no other air pollution

control strategy that we know of that will yield as substantial, cost-effective and immediate emission

reductions as Tier 3. EPA expects the low-sulfur gasoline program to reduce nitrogen oxide

emissions by over 260,000 tons in the first year (2017) alone. According to the study NACAA

conducted several years ago on the need for and benefits of a Tier 3 program, that magnitude of

emission reduction is equivalent to taking 33 million cars off the road. In addition, NOx reductions

will continue to grow as the fleet turns over to Tier 3 vehicles. The program will also yield important

reductions in volatile organic compounds, particulate matter, toxic air pollutants and carbon

monoxide out to 2030 and beyond. From a cost perspective, the low-sulfur gasoline component of

the program comes in at about two-thirds of a penny per gallon of gasoline and the tailpipe standards

at about $72 per vehicle. EPA estimates the monetized benefits of Tier 3 will be between $7 billion

and $19 billion in 2030 compared to the costs of the program at about $1.5 billion in 2030. From a

public health perspective, Tier 3 is anticipated to prevent up to 2,000 premature deaths a year as well

as a host of adverse health impacts. NACAA congratulates EPA on issuing this important final rule.

For further information: http://www.epa.gov/otaq/tier3.htm

Rep. John Dingell to Retire After Nearly 60 Years in Congress (February 24, 2014) – Rep. John

Dingell (D-MI) announced that he will not seek reelection and will retire from Congress at the end of

the current term, after serving nearly 60 years in the House of Representatives. Dingell, currently

aged 87, has served in Congress longer than anyone else in U.S. history. He chaired the powerful

House Energy and Commerce Committee twice (for a total of nearly 15 years) and was instrumental

in the passage of several important pieces of environmental legislation, including the Clean Air Act

and several of its amendments. During his time as a lawmaker, Dingell has been known for his

defense of the U.S. auto industry, based in his home state of Michigan. In announcing his retirement,

he stated, “I’ll continue to fight for our autos every step of the way.” Dingell also lamented the

political climate in Washington, DC, stating that this Congress has been a “great disappointment to

everyone.” For further information: http://dingell.house.gov/press-release/congressman-john-d-

dingell-retire-end-term

Air Toxics

EPA Requests Partial Remand of Boiler Rules (February 28, 2014) – EPA asked the U.S. Court

of Appeals for the District of Columbia Circuit for a 60-day voluntary remand of portions of its

emission regulations for industrial and commercial boilers and incinerators. EPA requested that the

court remand, but not vacate, portions of the record and specific numeric standards in its 1) March

21, 2011 National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial and

Institutional Boilers at major sources and the major source reconsideration rule of January 31, 2013,

2) the area source rules, and 3) the rules for Commercial and Industrial Solid Waste Incineration

(CISWI) Units, so that the agency may supplement the rules’ administrative records in light of the

court’s August 2013 decision in National Association of Clean Water Agencies v. EPA (No. 11-

1131) (“NACWA”). In NACWA, the court remanded portions of the emission standards for sewage

sludge incinerators to EPA for further explanation of the variability analysis used in setting the

Maximum Achievable Control Technology (MACT) standards. At issue are the statistical methods

EPA used – namely the Upper Prediction Limit – to address variability in data sets with fewer than

http://www.epa.gov/otaq/tier3.htm

http://dingell.house.gov/press-release/congressman-john-d-dingell-retire-end-term

http://dingell.house.gov/press-release/congressman-john-d-dingell-retire-end-term



nine sources. The boiler MACT and incinerator standards have been challenged by industry and

environmental groups. Environmental group petitioners have indicated that they will oppose EPA’s

motions to remand the major source boiler MACT and CISWI rules. The cases are United States

Sugar Corp. v. EPA, No. 11-1108 et al. (major source boiler MACT); American Chemistry Council

v. EPA, No. 11-1141 et al. (area source boiler MACT); and American Forest & Paper Association v.

EPA, No. 11-1125 et al. (CISWI rule). For further information: http://4cleanair.org/Documents/US-

Sugar-v-EPA-EPA-Mot-for-Remand-2-28-14.pdf; http://4cleanair.org/Documents/AFPA-v-EPA-11-

1125-EPA-Mot-for-Remand-2-28-14.pdf; http://4cleanair.org/Documents/ACC-v-EPA-Mot-for-

Part-Remand-2-28-14.pdf

Ozone Health Standards

EPA Asks Court to Set November 15, 2015 as Deadline for Completing Ozone NAAQS Review

(February 25, 2014) – EPA filed a Cross-Motion for Summary Judgment (Case No: 4:13-cv-02809-

YGR) in the U.S. Court of Appeals for the Northern District of California, Oakland Division,

seeking a deadline of November 15, 2015 for final action on the agency’s review of the National

Ambient Air Quality Standards (NAAQS) for ozone; EPA also requests a January 15, 2015 deadline

for proposed action on the NAAQS review. EPA’s filing follows a January 21, 2014 Motion for

Summary Judgment filed by plaintiffs American Lung Association, Sierra Club, Natural Resources

Defense Council and Environmental Defense Fund, who requested that the court find that EPA failed

to perform its non-discretionary duty to complete the review of the ozone NAAQS by March 12,

2013, as required by the Clean Air Act. The plaintiffs asked the court to require EPA to sign a

proposed rule by December 1, 2014 and a final rule by October 1, 2015. EPA’s cross motion seeks to

extend each of these dates by 45 days. In making its case for the later deadlines, EPA argues that the

court has discretion to determine a reasonable schedule for well-reasoned, scientifically supported,

defensible action by EPA; that the agency’s anticipated dates for proposed and final action are the

most expeditious schedule it can reasonably meet under the current circumstances; and that the

plaintiffs’ requested deadlines for proposed and final action are not reasonable. For further

information: http://4cleanair.org/Documents/Litigation-

O3_NAAQS_Rev_EPA_Motion_Summ_Judg-022514.pdf

Federal-State-Local Partnerships and National Air Grant Funding

EPA Assistant Administrator Janet McCabe Endorses NACAA-ECOS-EPA SIP Reform

Workgroup’s SIP Backlog Agreement (February 26, 2014) – EPA Assistant Administrator Janet

McCabe sent a letter to NACAA Executive Director Bill Becker endorsing the NACAA-ECOS-EPA

SIP Reform Workgroup Commitments and Best Practices for Addressing the SIP Backlog sent to her

by the Workgroup on February 5, 2014. The agreement is intended to resolve the SIP backlog and

keep it from recurring (see related article in February 3-7, 2014 Washington Update). Of the

agreement, Janet states, “I am so pleased that the state and federal representatives were able to

identify both principles to guide our work together but also very concrete tools and actions that we

can take to address pending SIPs and make the process more efficient and sustainable into the

future.” The Assistant Administrator also says, “I endorse and am very supportive of the

commitments and best practices developed by the workgroup. I look forward to working together

with you and your other partners at the state and local levels to begin implementing the practices,

tools and strategies captured in this document.” The agreement includes a total of six commitments

and seven best practices. The first commitment is, “EPA will clear the SIP backlog (as of October 1,

2013) by no later than the end of 2017, and manage the review of other SIPs consistent with Clean

Air Act deadlines.” For further information: http://4cleanair.org/Documents/Signed-Response-to-

http://4cleanair.org/Documents/US-Sugar-v-EPA-EPA-Mot-for-Remand-2-28-14.pdf

http://4cleanair.org/Documents/US-Sugar-v-EPA-EPA-Mot-for-Remand-2-28-14.pdf

http://4cleanair.org/Documents/AFPA-v-EPA-11-1125-EPA-Mot-for-Remand-2-28-14.pdf

http://4cleanair.org/Documents/AFPA-v-EPA-11-1125-EPA-Mot-for-Remand-2-28-14.pdf

http://4cleanair.org/Documents/ACC-v-EPA-Mot-for-Part-Remand-2-28-14.pdf

http://4cleanair.org/Documents/ACC-v-EPA-Mot-for-Part-Remand-2-28-14.pdf

http://4cleanair.org/Documents/Litigation-O3_NAAQS_Rev_EPA_Motion_Summ_Judg-022514.pdf

http://4cleanair.org/Documents/Litigation-O3_NAAQS_Rev_EPA_Motion_Summ_Judg-022514.pdf

http://4cleanair.org/Documents/Signed-Response-to-William-Becker.pdf



William-Becker.pdf and http://4cleanair.org/Documents/State-EPA-Commitments-revisions-2-4-

142.pdf

President’s Proposed FY2015 Budget Announced, Includes Increases for State/Local Air

Grants (March 4, 2014) – President Barack Obama announced the Administration’s proposed FY

2015 federal budget, which includes $7.89 billion for EPA. While this represents a decrease in

EPA’s total budget of $309.9 million below FY 2014 levels, it includes an increase of $15 million in

federal grants to state and local air agencies under Sections 103 and 105 of the Clean Air Act,

bringing the total to $243.2 million. Details of the budget will not be available until next week;

however, we have learned that the $15 million increase, primarily for climate change activities,

comes at the expense of decreases in other core air programs, including monitoring. Specifically, the

budget would (1) add $19.8 million to air grants for state work in support of the Climate Action

Plan, including the development of state plans; (2) add $4.5 million in air grants for state greenhouse

gas (GHG) permitting activities, including the collection and use of GHG emission data; and (3)

reduce $9.3 million in air grants from continuing environmental state programs, including the

completion of monitoring networks and the compilation of updated emission inventories for

updating SIPs. Among the other cuts in the proposed budget is the Diesel Emissions Reduction Act

(DERA) grant program, which received $20 million in FY 2014 but would be cut entirely under the

FY 2015 budget proposal. For further information: http://www2.epa.gov/sites/production/files/2014-

03/documents/fy15_budget_in_brief.pdf (see page 13 for Addressing Climate Change and

Improving Air Quality and page 71 for grant details) and

http://www.4cleanair.org/documents/03042014-PrelimCongJustificationAirGrantsFY2015.pdf

Energy Policies and Climate Change

Supreme Court Hears Oral Arguments in Greenhouse Gas Case (February 24, 2014) – Oral

arguments in Utility Air Regulatory Group v. EPA took place before the U.S. Supreme Court this

week, as the court considers whether EPA’s regulation of greenhouse gases (GHGs) from mobile

sources triggers stationary source GHG regulation under the Clean Air Act’s Prevention of

Significant Deterioration (PSD) and Title V programs. This marks the third time since 2007 that the

court is reviewing EPA’s regulation of GHGs under the Clean Air Act. The oral arguments focused

on two related statutory questions: the meaning of “any air pollutant” within the PSD program and

EPA’s decision in the Tailoring Rule to apply PSD and Title V permitting requirements based on

“major source” emission thresholds higher than the amounts specified in the Clean Air Act. EPA

argued that its decision to treat tailpipe GHG emissions as a trigger for PSD permitting under the

statute’s “any air pollutant” language was consistent with 34 years of agency precedent. Some of the

court’s more liberal justices appeared to agree. Noting the complexity of the Clean Air Act and

divisions among the petitioners, who filed six separate briefs with divergent legal arguments, Justice

Sotomayor appeared to voice support for EPA: “That to me is the quintessential ambiguity in a

statute where we give deference to the Agency. So if your side can’t even come to one interpretation,

why shouldn’t we defer to the Agency?” The court’s probing of EPA’s approach to setting major

source emission thresholds was generally less favorable. Justice Scalia, among others, posed hard

questions to EPA’s advocate during oral argument: “Here we have a statutory provision that has very

specific numbers, and the agency has said these numbers are absurd. We’re going to multiply them

by 400. Now in the entire history of Federal regulations what is the best example you can give us of

an agency’s doing something like that, where it has taken a statute with numbers and has crossed

them out and written in numbers it likes?” Ultimately, the treatment of GHGs under the Clean Air

Act may turn on which of the two competing statutory issues – the meaning of “any air pollutant” or

the “major source” emission thresholds – each Justice decides to emphasize. “…[Y]ou have this new

http://4cleanair.org/Documents/Signed-Response-to-William-Becker.pdf

http://4cleanair.org/Documents/State-EPA-Commitments-revisions-2-4-142.pdf

http://4cleanair.org/Documents/State-EPA-Commitments-revisions-2-4-142.pdf

http://www2.epa.gov/sites/production/files/2014-03/documents/fy15_budget_in_brief.pdf

http://www2.epa.gov/sites/production/files/2014-03/documents/fy15_budget_in_brief.pdf

http://www.4cleanair.org/documents/03042014-PrelimCongJustificationAirGrantsFY2015.pdf



kind of emission that basically makes these two terms irreconcilable, and the agency has essentially

picked one,” said Justice Kagan. This case may present the court with a choice between respecting

EPA’s 34-year interpretation of “any air pollutant” at the cost of allowing “crossed out” emission

thresholds, or perhaps exempting GHGs from the PSD and Title V programs to avoid the emission

threshold issue altogether. The oral argument left unclear which outcome would get a majority vote.

For further information: http://4cleanair.org/Documents/UARG_Oral_Argument_Transcript.pdf

New Climate Report Offers “Plain English” Summary of Climate Science (February 27, 2014)

– A group of U.S. and United Kingdom scientists has released a new non-technical report presenting

the latest climate research for policy makers and educators. The report is intended to serve as a

generally accessible guide to the more technical and specialized scientific research underlying the

climate change debate. Summaries of well-settled climate issues are included alongside areas that are

more uncertain. For example, the authors point to the strong scientific consensus that human-caused

climate change is occurring, but note that the correlation between climate change and extreme

weather as well as the likely extent of future sea-level rise are both less well understood. The report,

entitled Climate Change: Evidence and Causes, was authored jointly by the U.S. National Academy

of Sciences and the U.K. Royal Society. For further information:

http://4cleanair.org/Documents/Climate-Change-Evidence-Causes-Royal-Society-Natl-Academy-of-

Sciences-2014.pdf

PUBLIC INFORMATION

New

On-Going

• Asbestos

Staff sends out asbestos informational packages to Lane County residents who received building

permits for remodeling projects and new homeowners. Residents are directed to contact LRAPA

with any questions. Residents of the cities of Eugene, Springfield and Coburg now receive

information with their permits. LRAPA will keep the local planning departments and contractors,

upon request, stocked with the fliers so that they can help get the word out to residents who might

encounter asbestos-containing materials while remodeling their homes. (Freeman/Lanier/Markos)

• General

Staff had one media contact in February regarding the open burning season. (Markos)

Staff mails new homeowner packages for home sales, including materials about the home wood

heating, open burning rules, asbestos and home remodeling. Eugene and Springfield planning

departments provide names and addresses of new home owners on a periodic basis. Residents are

directed to contact LRAPA with any questions. Staff mailed out 159 packets for January home sales.

(Markos)

Partnering with Spokane Clean Air Agency and other Washington locals to produce new television

commercial highlighting the health impacts related to exposure to wood smoke. (Markos)

http://4cleanair.org/Documents/UARG_Oral_Argument_Transcript.pdf

http://4cleanair.org/Documents/Climate-Change-Evidence-Causes-Royal-Society-Natl-Academy-of-Sciences-2014.pdf

http://4cleanair.org/Documents/Climate-Change-Evidence-Causes-Royal-Society-Natl-Academy-of-Sciences-2014.pdf



Scheduling a class at Dorena Middle school to teach air quality lesson. (Markos)

Starting 2013 LRAPA Annual Report. (Markos)

Started planning for vehicle emission testing event to be held in April. (Hough/Markos)

Developing new presentation for University of Oregon law school class (Environment, Law &

Policy) schedule for April 22. (Hough/Markos)

Starting research into EcoBiz Program for landscapers. Preparing a fact sheet of best management

practices for all aspects of landscape design and maintenance. (Markos)

Running new backyard burning commercial on Comcast Cable stations. Scheduled television

commercials for home wood heating, proper firewood cutting and seasoning. (Markos)

Updating dashboard progress report on LRAPA priorities and key issues. (Markos/Hough)

Prepared materials for 2014 Lane County Spring Home and Garden Show in March. Lane Area p2c

booth will feature pollution issues related to motor vehicles. (Markos)

Issuing backyard burning advisories. Season opened for Eugene/Springfield UGBs and Oakridge.

(Markos)

• Oakridge PM2.5 Attainment Plan Advisory Committee

Staff is working on task assignments for the Oakridge PM2.5 attainment plan. Finalized plan

approved by Environmental Quality Commission. Continued monthly telephone meetings with EPA

and DEQ. (Hough/Markos/Lanier)

Representing LRAPA on Oakridge Biomass Advisory Committee. Writing outreach materials

including article for Dead Mountain Echo newspaper. Article submitted and now under review.

Assisting in written correspondence with Congressman DeFazio regarding funding for wood stove

replacement. (Markos)

Completed

Gave a wood smoke pollution presentation for South Eugene neighborhood meeting to be held on

February 25. (Markos)

Attended EcoBiz workshop for auto shops on February 19. (Markos)

Received final chimney surveys in Oakridge. HWH advisories and surveys ended February 28.

(Markos)

Re-designing EcoBiz brochure and postcard for event in February 2014. (Markos)



UPCOMING LRAPA BOARD AGENDA ITEMS

This schedule outline is a preview of upcoming agenda items, and we will update it as the time

frames for additional issues become firmer.

February 2014:

Tour AirMetrics new facility (before meeting)

Elect board vice-chair.

Appoint new budget committee member.

Appoint budget officer.

Dashboard report.

Review meeting schedule for May, July, August.

March 2014:

Elect board vice-chair.

Appoint new budget committee member.

Appoint budget officer.

Hold first budget meeting on proposed budget for FY2015 (July 2014 to June 2015).

Review meeting schedule for May, July, August.

April 2014:

Second budget committee meeting on proposed budget for FY2015.

Review DEQ-proposed rulemaking.

Appoint advisory committee member(s).

May 2014:

Adopt FY2015 budget.

June 2014:

Authorize public hearing on Eugene carbon monoxide maintenance plan.

July 2014:

Dashboard report.

Review progress and update strategic priorities.

Hold public hearing on Eugene carbon monoxide maintenance plan.

August 2014: No meeting.

MLH/cmw

ENFORCEMENT ACTION REPORT FOR: Page 1 of 6

FOR: FEBRUARY, 2014 ATTACHMENT NO. 3 TO DIRECTOR’S REPORT, MARCH 24, 2014

NEW/OPEN ENFORCEMENT ACTIONS

02/01/14 -- 02/28/14

Report of open and actions initiated since last report

NEW: 02/01/14 -- 02/28/14

1. SMITH, JAY (CRESWELL)

A. Violation: Failure to attend open burning; open burning on a day when open

burning was prohibited; open burning of prohibited materials (tires); open burning

of construction/demolition debris without first obtaining appropriate permits

B. Initial Action Taken: NON #3505 issued 02/03/14

C. Subsequent Action: NCP #14-3505 ($825) issued 02/26/14

D. Resolution: PENDING

2. DUNNIVAN, KEVIN (COTTAGE GROVE)

A. Violation: Failure to attend open burning until extinguished; open burning when

open burning was prohibited; open burning of prohibited materials (asphalt

roofing material, carpet padding, plastics); open burning of

construction/demolition debris without first obtaining appropriate permits






ACTIONS PERFORMED (Enforcement Actions issued prior to 02/01/14 with subsequent

action in the current reporting period):

1. WINTERBOTHAM, JOHN D (DEXTER)

A. Violation: Conducting the open burning of prohibited materials (railroad ties,

nylon bailing twine); conducting the open burning of demolition debris without

first obtaining a letter permit form LRAPA



D. Resolution: CASE CLOSED on 02/21/14

2. KOKKELER, DEAN (EUGENE)

A. Violation: Demolished a facility located at 89950 Greenhill Road in Eugene

without first obtaining an asbestos survey by an accredited asbestos inspector;

open burning of prohibited materials (insulation, writing, asphalt roofing

material); open burning of demolition waste without first obtaining appropriate

permits


C. Subsequent Action: NCP #13-3480 ($5,575) issued 02/26/14


3. KOKKELER, LOUIS (EUGENE)

A. Violation: Demolished a facility located at 89950 Greenhill Road in Eugene

without first obtaining an asbestos survey by an accredited asbestos inspector;

open burning of prohibited materials (insulation, writing, asphalt roofing

materials); open burning of demolition waste without first obtaining appropriate

permits


C. Subsequent Action: NCP #13-3481 ($5,735) issued 02/26/14




4. PACIFIC RECYCLING (EUGENE)

A. Violation: Failure to take reasonable precautions to prevent particulate emissions

from becoming airborne; failure to promptly remove trackout generated from

Pacific Recycling activities on Meadow Lane, Davis Street, Cross Street and

Maple Street


C. Subsequent Action: NCP #13-3494 ($1,563) issued 01/16/14; request for

reduction approved and reduced to $938 with signed SFO


5. ADROIT CONSTRUCTION COMPANY, INC. (EUGENE)

A. Violation: Failure to take reasonable precautions to prevent particulate matter

from becoming airborne from construction operations, demolition activities,

material stockpiles




6. BENNETT, JOE (CRESWELL)

A. Violation: Open burning on a day when open burning was prohibited; open

burning of prohibited materials (plastics); open burning of

construction/demolition debris without first obtaining a letter permit from

LRAPA






PENDING (Enforcement actions issued prior to 02/01/14 with no subsequent action in the

current reporting period):

1. HIDDEN VALLEY GOLF COURSE (COTTAGE GROVE)

A. Violation: Conducting the open burning of commercial waste without first

obtaining a letter permit form LRAPA


C. Subsequent Action: NCP #13-3237 ($925) issued 12/04/13; request for hearing –

Postponed to negotiate settlement


2. WILDISH CONSTRUCTION COMPANY (EUGENE)

A. Violation: Failure to take reasonable precautions to prevent particulate matter

from becoming airborne; rotary sweeper - no means of precautions; stripe

remover - no means of precautions


C. Subsequent Action: NCP #13-3238 ($625) issued 01/23/14; request for reduction

under review


3. LOUGHARY, JODI (CRESWELL)

A. Violation: Open burning of household trash






4. MOHAWK VALLEY GRILLE WORKS, INC. (SPRINGFIELD)

A. Violation: Failure to submit application for air Contaminant Discharge Permit

(ACDP)


C. Subsequent Action: NCP #13-3468 ($887) issued 01/02/14; submitted incomplete

application and $447 for permit fees (waiting for completed LUCs)


5. PETERSON, TINA (BLUE RIVER)

A. Violation: Failure to promptly extinguish illegal open burning; open burning at a

time when open burning was prohibited


C. Subsequent Action: NCP #13-3473 ($300) issued 11/15/13; request for hearing -

TBA


6. CHARLES CRAWFORD (SPRINGFIELD)

A. Violation: Open burning when open burning was prohibited; open burning of

prohibited materials (plastics, food packaging)






7. PAGE, STANLEY (CRESWELL)

A. Violation: Failure to promptly extinguish illegal open burning; conducting open

burning on a day when open burning was prohibited


C. Subsequent Action: NCP #13-3495 ($250) issued 01/16/14; request for hearing

postponed for negotiations of settlement in the amount of $125 with signed SFO


8. BURMAN, SHARON L. (SPRINGFIELD)

A. Violation: Recreational fire was conducted at a time when prohibited by the

yellow home-wood heating advisory


C. Subsequent Action: PENDING


A G E N D A S - Lane Regional Air Protection Agency, OR

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