Lrapa Board of Directors Agenda Item Summary

LRAPA BOARD OF DIRECTORS AGENDA ITEM SUMMARY

Director’s Report for January 2017

Meeting Date: February 9, 2017 Agenda Item No. 8 Department: Director’s Office Staff Contacts: Merlyn Hough, Colleen Wagstaff www.lrapa.org Contact Telephone: (541) 736-1056 x216, x210

AIR QUALITY: 01/01/17 to 01/31/17

January Max AQI Eug/Spfld Oak CottGrv Site Date AQI Pollutant Green 17 8 14 Eug/Spfld 16-Jan-17 110 PM Yellow 13 22 17 Oak 8-Jan-17 114 PM Orange 1 1 0 CottGrv 5-Jan-17 82 PM Red 0 0 0

Attachment No. 1: Air quality index charts for Eugene/Springfield (January) Attachment No. 2: Air quality index charts for Oakridge (January) Attachment No. 3: Air quality index charts for Cottage Grove (January)

COMPLAINTS: 01/01/17 to 01/31/17

TOTAL: 67

1. Smoke – 50 total smoke complaints: 27 for open burning; 17 for home-wood heating; 4 for general smoky air quality and 2 for slash burning.

2. Industry – 11 total complaints: 3 for JH Baxter; 2 for 9 Wood; 1 for Bulk Handling; 4 for Lane County Short Mountain Landfill and 1 for a Springfield gas station topping off.

3. Miscellaneous – 3 total miscellaneous complaints: 2 for asbestos and 1 for Hideaway.

Director’s Report February 9, 2017 For January 2017 -2-

For perspective, here is how the number of complaints received year-to-date in 2017 compares to previous years: Year 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 **2016 * 2017 Dust 33 6 21 21 34 33 44 30 14 25 32 0 Ag/Field Burning 576 341 101 24 9 13 1 17 4 12 9 0 General Air Quality 7 63 14 21 2 6 6 26 30 15 20 4 HWH 89 82 130 113 62 135 95 219 121 342 130 17 Industry 465 327 231 270 265 169 128 122 127 52 58 11 Open Burning 169 390 293 277 268 341 268 321 279 251 266 27 Slash Burning 41 33 25 3 5 16 7 5 7 11 26 2 Miscellaneous 95 109 137 61 77 101 79 52 57 85 164 3 Unknown 105 124 59 25 12 25 17 14 35 46 56 3 Total 1643 1496 1011 815 734 839 645 806 674 839 761 67 * Year-to-date. **2016 Miscellaneous Complaints - Total YTD of 164

Asbestos 47 Cascade Pacific in Halsey 54 Marijuana 17 Sewage Odors 5 Hide Away Bakery 4 Hop Valley Brewery 4 Roosevelt School 4 Idling Autos/Trucks/Trains 4 Gibson Holders Odor 2 Elk Horn Restaurant 1 Residential Dryer Vents 2 Natural Gas Odor 1 Bartell’s Meat Company 2 McKenzie Willamette Hospital Construction 2 Coach House Restaurant 1 Breckwell Hearth Products 1 Metro Ambulance Idling 1 Johnson Brothers 1 Glass Blower Operation 2 Amazon Pool Odors 1 Parvin Butte 1 Chem-Trails 1 Umpqua Roofing Odors 1 Auto Body Spray Operation 1 Meth Lab Odor 1 B & R Wrecking 1 Kona Café 1 JT’s BBQ 1

Director’s Report February 9, 2017 For January 2017 -3-

ENFORCEMENT: 01/01/17 to 01/31/17

Category of Violation New Follow-Up Action Pending Closed Total

Asbestos - - 4 1 5 Industrial - - 2 - 2 Open Burning 2 - 3 3 8 Fugitive Dust - - - - - Home-Wood Heating - - - - - Totals 2 - 9 4 15

Attachment No. 4: Enforcement activities during these reporting periods for case details.

For perspective, here is how the number of enforcement actions year-to-date in 2017 compares to previous years:

Year 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 *2017

Notices of Non- compliance and 51 48 57 37 57 64 41 51 36 38 41 2 Warnings

Notices of Violation with 33 47 36 28 39 42 29 23 28 37 37 2 Civil Penalties *Year-to-date.

OPEN BURNING LETTER PERMITS: 01/01/17 to 01/31/17

There was one Open Burning Special Letter Permits issued in January for land-clearing debris.

1. Issued Special Letter Permit 20B17-01-01 on January 10 to Emerald Valley Golf/Resort - Scott Larsen, 83301 Dale Kuni Road, Creswell, to burn 80 cubic yards of Land Clearing debris located at the same address.

Director’s Report February 9, 2017 For January 2017 -4-

ASBESTOS ABATEMENT: 01/01/17 – 01/31/17

During January, LRAPA received 45 notices of asbestos removal projects, none of which were schools.

For perspective, here is how the number of asbestos abatement notices filed, how many were schools and the number of notices inspected year-to-date in 2017 compares to previous years:

Year 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 *2017

Total Asbestos 449 413 396 408 370 359 324 351 352 426 444 45 Abatement Notices

School Asbestos Abatement Notices 54 67 69 64 70 61 53 24 21 24 27 0 (NESHAP) Number of Asbestos Abatements 75 85 76 119 107 106 90 96 67 89 82 7 Inspected *Year-to-date.

PERMITTING (TITLE V and ACDP): 01/01/17 to 01/31/17

LRAPA currently permits 18 Title V sources and approximately 300 Air Contaminant Discharge Permits (ACDP). Below are the total numbers of permit activities that are new, renewals, modifications, construction approvals, registration application’s, terminated and/or issued permits the operations staff currently have in process.

Category of Permit Title V ACDP Registration Total Active New - 3 - 3 Renewals 9 20 - 29 Modifications 1 5 - 6 Constructions - - - - Registrations - - - - Terminated Permits - - - - Issued Permits - 6 - 6 *Total 10 34 - 44 *Year-to-date.

Director’s Report February 9, 2017 For January 2017 -5-

OAKRIDGE ATTAINMENT STATUS

As reported at the LRAPA Board meeting on January 12, 2017, Oakridge met the 3-year national PM2.5 health standard effective December 31, 2016. The Oakridge air quality data for calendar year 2016 has been quality-assured by both the Lane Regional Air Protection Agency and Oregon Department of Environmental Quality, and is now entered into the Air Quality System (AQS) of the th U.S. Environmental Protection Agency. The 2014-2016 98 percentile PM2.5 was 31 micrograms per cubic meter (µg/m3) which met the 35 µg/m3 national standard. The final 2016 data was sent to EPA-Seattle (attached) on January 26, 2017.

Attachment No. 5: Letter to EPA with quality-assured Oakridge data for 2016.

th 3 The annual 98 percentile PM2.5 of 21.7 µg/m was the lowest ever recorded in Oakridge, breaking the previous record of 28.9 µg/m3 set in 2015. Now the challenge will be to maintain compliance with the standard in future years.

The Updated Oakridge-Westfir PM2.5 Attainment Plan (approved by the LRAPA Board on November 10, 2016) was adopted by the Oregon Environmental Quality Commission as part of the State of Oregon Clean Air Act Implementation Plan on January 18, 2017. A copy of the LRAPA-to- EQC presentation is attached.

Attachment No. 6: Overview of updated Oakridge PM2.5 plan as presented to EQC by LRAPA.

Director’s Report February 9, 2017 For January 2017 -6-

OREGON LEGISLATURE

The 2017 Session of the Oregon Legislature opened on February 1, 2017. The House Committee on Energy and Environment held its first meeting that afternoon. Oregon DEQ staff presented the report on the HB 3068 (2015) Woodsmoke Workgroup, essentially the same presentation as made by DEQ to the LRAPA Board on January 12, 2017. The House Committee held public hearings on two woodsmoke-related bills, HB 2124 and HB 2725. The City of Oakridge, League of Oregon Cities, Oregon Environmental Council, Lane County, Washington County, Oregon Nurses Association, LRAPA and others spoke in support. The agenda and LRAPA testimony are attached.

Attachment No. 7: February 1, 2017 agenda of House Committee on Energy & Environment. Attachment No. 8: LRAPA testimony on HB 2725 on February 1, 2017.

STATE OF THE STATE OF THE ENVIRONMENT

I was invited to be part of a State of the State of the Environment panel in Portland on January 19, 2017. The four speakers represented Oregon Department of Environmental Quality, Associated Oregon Industry, Oregon Environmental Council, and Lane Regional Air Protection Agency. An outline of the meeting and my remarks are attached.

Attachment No. 9: State of the State of the Environment agenda and Merlyn Hough’s remarks.

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 an information packed Washington Update every Friday. In my monthly reports I have been forwarding excerpts that relate to some national issues reported since the previous 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 and Carbon Monoxide Health Standards;  Federal-State-Local Partnerships and National Air Grant Funding; and  Energy Policies and Climate Change.

In my January report, I included a weblink to all of the issues of the Washington Update for the previous year: http://members.4cleanair.org/washington-update?year=2016

Residential Woodsmoke and Particulate Matter Strategies

Bill to Delay NSPS for Residential Wood Heaters Introduced in House (January 11, 2017) – Reps. Collin Peterson (D-MN) and Bob Goodlatte (R-VA) introduced H.R. 453, the Relief from New Source Performance Standards Act of 2017, to delay by three years federal emission standards established in March 2015 for new residential wood heaters, pellet stoves, hydronic heaters and forced air furnaces. In particular, the bill would postpone the compliance date of Step 2 of EPA’s New Source Performance Standards until May 15, 2023. Of the bill, Rep. 9 Peterson said, “Wood Director’s Report February 9, 2017 For January 2017 -7- stove manufacturers and consumers simply want to safely and effectively heat their homes during cold winters but further regulations on wood and pellet stoves will make this more difficult. This bipartisan bill will provide the time necessary to meet new requirements without penalizing manufacturers as they seek to make improvements for consumers using these stoves.” The Hearth, Patio & Barbecue Association (HPBA) has applauded the three-year extension provided by the bill. According to Jack Goldman, President and CEO of HPBA, “With an effective date just over three years from now, this [EPA NSPS] regulation stands to put thousands of U.S. manufacturing, distribution, and retail jobs in peril. It would increase hardships in rural communities across the country.” For further information: http://4cleanair.org/sites/default/files/resources/HR453- WoodHeaterNSPS-Peterson-011117.pdf and https://www.congress.gov/bill/115thcongress/housebill/453?r=1

Cleaner Fuels and Cleaner Vehicles

EPA Awards DERA Funds for Clean School Buses in 27 States (January 5, 2017) – As part of the Diesel Emissions Reduction Act (DERA) program, EPA is awarding over $7.7 million for communities to replace or retrofit older diesel school buses. Rebates will be provided in 27 states to address 401 older buses (representing 88 school bus fleets). According to EPA, over 500 school bus fleets applied for the 2016 School Bus Rebate Program and the winning applications were randomly selected. The rebates range from $15,000 to $25,000 per vehicle for replacement of buses from model years (MYs) 2006 or before. Alternatively, jurisdictions could receive $4,000 per vehicle to retrofit buses from MYs 1994- 2006 with a diesel oxidation catalyst closed crankcase ventilation system (DOC plus CCV) to reduce emissions of toxic air pollutants. According to EPA, the DERA program has provided funding for over 700 projects across the country, addressing more than 70,000 engines. The states receiving funds from the 2016 program include Arizona, California, Colorado, Connecticut, Florida, Iowa, Illinois, Indiana, Kansas, Louisiana, Maine, Michigan, Missouri, Nebraska, New Jersey, New York, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Washington and Wisconsin. For further information: https://www.epa.gov/cleandiesel/clean-diesel-rebates

EPA Administrator Makes Final Determination to Retain LDV GHG Emission Standards for MYs 2022-2025 (January 12, 2017) – EPA Administrator Gina McCarthy signed her Final Determination that existing greenhouse gas (GHG) emission standards for Model Years (MYs) 2022-2025 light-duty vehicles (LDVs) remain appropriate. The Final Determination follows a comprehensive Midterm Evaluation (MTE) required under a 2012 joint rulemaking by EPA and the National Highway Traffic Safety Administration (NHTSA) establishing greenhouse gas (GHG) and fuel economy standards for LDVs. Conducted by EPA, NHTSA and the California Air Resources Board, the MTE assessed whether the out-year GHG standards included the rule (i.e., those for MYs 2022-2025) are still appropriate based on the latest data and information or whether they should be more stringent or less stringent. In a cover letter accompanying the Final Determination, Administrator McCarthy says, “I have determined that the standards adopted in 2012 by the EPA remain feasible, practical and appropriate under section 202(a) and do not need to be revised, after considering the factors laid out in the 2012 rule. I strongly believe that issuing this Final Determination at this time, in light of the robust technical record that supports it, is in the best interests of the auto industry, the One National Program to which the EPA, NHTSA and CARB committed in 2012, and public health and welfare. The success of the industry to date in achieving seven years of record sales while producing a large variety of vehicles that meet or exceed the standards reflects the fact that the development and deployment of advanced technology Director’s Report February 9, 2017 For January 2017 -8- conventional gasoline engines has happened consistent with a robust vehicle market, more rapidly than we predicted, and at costs that are comparable or slightly lower than we predicted.” The Administrator notes that the record for the MTE indicates that the standards could justifiably be strengthened for MYs 2022-2025, however, she has determined to leave the standards as is and to make this Final Determination now “recognizing that long-term regulatory certainty and stability are important for the automotive industry and will contribute to the continued success of the program, which in turn will reduce emissions, improve fuel economy, deliver significant fuel savings to consumers, and benefit public health and welfare.” Accordingly, the existing LDV GHG emission standards for MYs 2022-2025 will remain in place and be implemented as adopted. For further information: https://www.epa.gov/regulations-emissions-vehicles-and-engines/midtermevaluation- light-duty-vehicle-greenhouse-gas-ghg

(EPA and CARB Issue Notices of Violation to Fiat Chrysler Automobiles over Engine Software (January 12, 2017) – EPA and the California Air Resources Board (CARB) have issued notices of violation to Fiat Chrysler Automobiles N.V. and FCA US LLC (collectively FCA) for allegedly installing and failing to disclose at least eight pieces of engine management software in approximately 104,000 vehicles in the United States, in violation of the Clean Air Act. The affected vehicles are light-duty model year 2014-2016 Jeep Grand Cherokees and Dodge Ram 1500 trucks with 3.0-liter diesel engines. According to the allegations, the software causes increases in nitrogen oxide (NOx) emissions, in some cases “significantly,” from the subject vehicles. EPA certification requirements call for auto manufacturers to disclose any software (also known as an auxiliary control device) that alters the way the vehicle emits air pollution. EPA and CARB are alleging that FCA did not disclose certain auxiliary control devices when it applied for certification for the affected vehicles. EPA is still investigating if the FCA software constitutes an illegal “defeat device,” such as those used by Volkswagen on 2.0 and 3.0-liter diesel engines. The software was discovered during EPA’s expanded testing program, begun in September 2015, to screen for emission defeat devices on cars. For further information: https://www.epa.gov/fca and https://www.arb.ca.gov/msprog/fca/fca_arb_nov.pdf

VW Pleads Guilty to Criminal Charges over Emissions Testing Defeat Devices (January 11, 2017) – EPA and the U.S. Department of Justice announced that Volkswagen (VW) has pled guilty to three criminal felony charges and has agreed to pay a criminal penalty of $2.8 billion. The charges include VW’s use of “defeat devices” on approximately 590,000 diesel cars to circumvent federal and California-mandated emission control testing, as well as lying and obstructing justice. In addition, VW will pay $1.5 billion to resolve civil environmental, customs and financial claims. (These payments are over and above agreements announced in June and December 2016 that established the Environmental Mitigation Fund, among other things.) Finally, the agreement calls for injunctive relief to prevent violations in the future, which include requiring VW to make corporate governance reforms and undertake in-use testing with specified portable emissions measurement systems. The agreement must still be approved by the court. In addition to the charges against the company, six individual VW executives and employees were indicted on federal charges for their roles in the scandal. For further information: https://www.epa.gov/newsreleases/volkswagenagrees- plead-guilty-pay-43-billion-criminal-and-civil-penalties and https://www.justice.gov/opa/pr/volkswagen-ag-agrees-plead-guilty-and-pay-43- billion-criminal-and- civil-penalties-six

EPA and CARB Approve Modifications for Certain VW Cars with Defeat Devices (January 6, 2017) – EPA and the California Air Resources Board have approved emissions modifications for certain diesel cars that were included in the Volkswagen (VW) emissions testing “defeat device” Director’s Report February 9, 2017 For January 2017 -9- scandal. The approved modification to fix the affected cars applies only to certain model year 2015 2.0- liter diesel cars referred to as “Generation 3.” These include the VW Beetle, Beetle Convertible, Golf, Golf SportWagen, Jetta and Passat, as well as the diesel Audi A3. The modification calls for both software and hardware replacement and will consist of two phases, including the installation of a second sensor for nitrogen oxide (NOx) and a new or replaced diesel oxidation catalyst. The repair is expected to cut excess NOx emissions by 80-90 percent. According to VW, EPA and CARB, the modification should not affect the vehicle’s fuel economy, reliability or durability. Owners can either have their cars repaired or choose to have VW buy back the vehicle. For further information: https://www.epa.gov/vw/statementepa-and-california-air-resources-board-approve-remedy-reduce- excess-noxemissions and https://www.arb.ca.gov/newsrel/newsrelease.php?id=886

Non-Road Diesel Manufacturer Settles Enforcement Case with $3 Million in Penalties (January 18, 2017) – EPA has reached an enforcement settlement with a seller of non-road diesel engines and equipment for alleged violations of the Clean Air Act, calling for $3 million in civil penalties. The agency has settled with Bandit Industries of Remus, Michigan, which allegedly sold non-road diesel engines and equipment for processing wood and waste (e.g., wood chippers) that did not have the required certificates of conformity or exemptions from those requirements under the Transition Program for Equipment Manufacturers. Additionally, EPA has alleged that Bandit “stockpiled,” which means the company built and sold more equipment that had engines with older emission standards than is allowed under inventory restrictions. In addition to violating the standards, EPA alleges that Bandit created for itself a competitive advantage over other companies that sell products that comply with the requirements. The complaint and a stipulation of judgment were filed in the Western District of Michigan. There is not a public comment period. For further information: https://www.epa.gov/enforcement/banditindustries-inc-clean-air-act-settlement

California Issues Report on Midterm Review of State Advanced Clean Cars Program (January 18, 2017) – The California Air Resources Board (CARB) released the results of its evaluation of the state’s Advanced Clean Cars (ACC) Program adopted in 2012. When the state adopted the ACC Program, it committed to conduct a Midterm Review (MTR) of three components of the program – the light-duty vehicle greenhouse gas (GHG) standards for Model Years (MYs) 2022 and later, the 1- milligram-per-mile particulate matter (PM) standard and the Zero-Emission Vehicle (ZEV) regulation, which is the technologyforcing piece of the ACC Program, requiring manufacturers to produce increasing numbers of ZEVs and plug-in hybrid electric vehicles in MYs 2018-2025. As CARB staff conducted this review it worked in close collaboration with EPA and the National Highway Traffic Safety Administration, which have just completed work on a Mid-Term Evaluation (MTE) of federal light-duty vehicle GHG emission standards for MYs 2022-2025. EPA issued a Final Determination for the federal MTE on January 12, 2017 confirming that the MY 2022-2025 LDV GHG standards remain appropriate and will be retained (see related article in the January 9-13, 2017 Washington Update). CARB’s Advanced Clean Cars Midterm Review Report provides the state’s technical analysis and includes recommendations to the Board for next steps for each of the three program components. In a statement, CARB says the report “confirms that the previously adopted package of GHG standards, technology-forcing zero-emission vehicle standards, and the most health-protective particulate matter standards in the world are appropriate. The report indicates that existing programs in California will add at least 1 million zero-emission vehicles on its roads and highways by 2025.” While CARB’s staff recommendations align with EPA’s January 12, 2017 Final Determination on the MTE, the staff also concludes that the federal program is “very modest” in terms of electrification and does not fulfill the public health and environmental needs of California post-2025. Accordingly, CARB staff recommends that the state focus its efforts on stronger rules for GHG reductions beyond 2025 and place an increased emphasis on a broad framework to support Director’s Report February 9, 2017 For January 2017 -10-

ZEVs. The California Air Resources Board will consider the Midterm Review at its March 23-24, 2017 hearing. For further information: https://www.arb.ca.gov/msprog/acc/acc-mtr.htm

Air Toxics

EPA Issues Annual TRI National Analysis for 2015 Showing Decreases in Air Emissions (January 12, 2017) – EPA has issued its annual analysis of the data gathered under the Toxics Release Inventory (TRI), announcing that emissions of TRI-listed toxic chemicals into the air have declined by 56 percent (851 million pounds) between 2005 and 2015. The data also show that from 2014- 2015 air emissions reported to the TRI decreased by 8 percent. According to the TRI, emissions of hydrochloric acid and sulfuric acid into the air decreased by over 566 pounds, releases of mercury fell by over 76,000 pounds and emissions of toluene declined by over 32 million pounds. Over 90 percent of the nationwide reductions of mercury, hydrochloric acid and sulfuric acid air emissions were from coal- and oil-fired electric utilities. Of the chemical wastes that were disposed of or otherwise released in 2015, 21 percent were on-site air emissions. Overall, the TRI data show that disposal or other releases of TRI chemicals for all media have declined by 24 percent from 2005 to 2015. The report includes data for 2015 and reflects information submitted by 21,849 facilities nationwide. The TRI list includes 690 chemicals and chemical categories. For further information: www.epa.gov/trinationalanalysis

Ozone and Carbon Monoxide Health Standards

EPA Proposes to Deny Petition to Expand OTR (January 11, 2017) – EPA proposed to deny a petition from nine northeastern and mid-Atlantic states requesting that the agency expand the Ozone Transport Region (OTR) established under section 184 of the Clean Air Act (CAA) Amendments of 1990. On December 9, 2013, Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island and Vermont submitted to EPA a petition, filed under CAA section 176A, requesting that the agency add nine upwind states to the OTR: Illinois, Indiana, Kentucky, Michigan, North Carolina, Ohio, Tennessee, West Virginia and the portion of Virginia not already within the OTR. At the time, the petitioning states said their petition and technical support documents established that the nine upwind states in question “are significantly contributing to violations of the ozone standard, not just in the undersigned states, but throughout the Ozone Transport Region…We believe expansion of the transport region and implementation of the required controls in upwind states are necessary for all of the OTR to achieve attainment in a timely manner. We also believe that the consultation process that is such an important part of the Ozone Transport Commission’s (OTC) activities can benefit all states in an expanded OTR in the assessment of the ozone transport problem and result in the development of effective solutions.” In this week’s proposed denial, EPA says the “CAA provides more effective mechanisms to address the transport of ozone between states and the impact this pollution has on the states within the OTR with respect to the 2008 ozone NAAQS.” EPA specifically cites the CAA’s “good neighbor” provisions and Section 126, which the agency says gives it and states “the flexibility to issue a targeted plan to address interstate transport of ozone that includes proven, efficient, and cost-effective ways to address downwind air quality concerns.” Once this proposal is published in the Federal Register, EPA will accept public comments for 30 days. For further information: https://www.epa.gov/ozone- pollution/2008-ozone-national-ambient-air-qualitystandards-naaqs-section-176a-petitions

Partnerships and National Air Grant Funding

Director’s Report February 9, 2017 For January 2017 -11-

115th Congress: They’re Off and Running (January 5, 2017) – Regulatory reform was among the first orders of business to be taken up by the 115th Congress, the members of which were sworn in on January 3, 2017. The House got right down to business by adopting two bills that it passed in the 114th Congress but that did not move in the Senate. On Tuesday, the Midnight Rules Relief Act (H.R. 21) won approval by a vote of 238 to 184. The bill, introduced on January 3, 2017 by Rep. Darrell Issa (R-CA), would amend the Congressional Review Act to allow Congress, through a joint resolution of disapproval, to overturn, with a single vote, multiple “midnight rules” – those promulgated in the final days of a Presidential administration. Under the bill, the new President must sign off on any such joint resolution of disapproval; if he vetoes a resolution, Congress could override the veto with a two-thirds vote by the House and Senate. On Wednesday, the House voted 237 to 187 in favor of the Regulations from the Executive in Need of Scrutiny (REINS) Act (H.R. 26). Also introduced on January 3, 2017 by Rep. Doug Collins (R-GA), the REINS Act would require Congress to approve any proposed or interim final "major" rule before it becomes effective. The bill provides that votes on affected rules must occur within 70 legislative days, however if both chambers fail to act within this timeframe any rule in question would be tabled. A “major” rule is defined as one that the Office of Management and Budget finds has resulted in, or is likely to result in, an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices for consumers, individual industries, federal, state, or local government agencies or geographic regions; or significant adverse impacts on competition, employment, investment, productivity, innovation or on the ability of U.S.-based enterprises to compete with foreign-based enterprises in domestic and export markets. Of the amendments made to the bill during floor debate was one (offered by Rep. Luke Messer [R-IN]) to require each federal agency promulgating a new rule to completely offset its cost by amending or repealing an existing rule. Among the amendments that failed were ones offered by Democrats to exempt from the bill rules that result in reduced incidence of cancer, premature mortality, asthma attacks or respiratory disease in children; will reduce levels of lead in drinking water; and pertain to the protection of public health and safety. Also rejected was an amendment to require an accounting of the greenhouse gas emission impacts associated with a rule as well as an analysis of the impacts on low-income and rural communities and, if the rule increases carbon dioxide by a certain amount or increases the risk of certain health impacts to low-income or rural communities, then the rule would be defined as a “major rule.” A third regulatory reform bill introduced on January 3, 2017, by Rep. Bob Goodlatte (R-VA), was the Regulatory Accountability Act of 2017 (H.R. 5), which is comprised of six bills that passed the House in the last Congress: 1) the Regulatory Accountability Act, to require adoption of the least costly version of a rule; 2) the Separation of Powers Restoration Act, to repeal the Chevron and Auer doctrines, which provide judicial deference to federal agencies' statutory and regulatory interpretations; 3) the Small Business Regulatory Flexibility Improvement Act, to require federal agencies to analyze indirect economic effects of proposed rules on small businesses even if the business is not directly regulated by the rule; 4) the REVIEW (Require Evaluation Before Implementing Executive Wishlists) Act, to prohibit any "highimpact" rule from taking effect until final disposition of all actions seeking judicial review of the rule; 5) the ALERT (All Regulations Are Transparent) Act, to require federal agencies to submit to the Office of Management and Budget monthly online updates on each rule expected to be proposed or made final in the coming year; and 6) the Providing Accountability Through Transparency Act, to require any proposed regulation to include the Internet address of a summary, "in plain language" and "of not more than 100 words in length," of every proposed rule. Senate companion bills for these regulatory reform measures are expected to face tougher hurdles in light of the Chamber’s filibuster rules. For further information: https://www.congress.gov/bill/115th- congress/housebill/21?q=%7B%22search%22%3A%5B%22hr+21%22%5D%7D&r=1, https://www.congress.gov/bill/115th- congress/housebill/26?q=%7B%22search%22%3A%5B%22hr+26%22%5D%7D&r=1 and Director’s Report February 9, 2017 For January 2017 -12- https://www.congress.gov/bill/115th- congress/housebill/5?q=%7B%22search%22%3A%5B%22hr+5%22%5D%7D&r=1

House Continues Regulatory Reform (January 11, 2017) – In follow up to last week’s passage of the Regulations from the Executive in Need of Scrutiny (REINS) Act (H.R. 26) and the Midnight Rules Relief Act (H.R. 21) (see related article in the January 2-6, 2017 Washington Update), the House of Representatives approved, by a vote of 238-183, H.R. 5, the Regulatory Reform Act of 2017. Introduced by Rep. Bob Goodlatte (R-VA) on January 3, 2017, the opening day of the 115th Congress, H.R. 5 is comprised of six bills that passed the House in the last Congress: 1) the Regulatory Accountability Act, to require adoption of the least costly version of a rule; 2) the Separation of Powers Restoration Act, to repeal the Chevron and Auer doctrines, which provide judicial deference to federal agencies' statutory and regulatory interpretations; 3) the Small Business Regulatory Flexibility Improvement Act, to require federal agencies to analyze indirect economic effects of proposed rules on small businesses even if the business is not directly regulated by the rule; 4) the REVIEW (Require Evaluation Before Implementing Executive Wishlists) Act, to prohibit any "highimpact" rule from taking effect until final disposition of all actions seeking judicial review of the rule; 5) the ALERT (All Regulations Are Transparent) Act, to require federal agencies to submit to the Office of Management and Budget monthly online updates on each rule expected to be proposed or made final in the coming year; and 6) the Providing Accountability Through Transparency Act, to require any proposed regulation to include the Internet address of a summary, "in plain language" and "of not more than 100 words in length," of every proposed rule. Of the 10 amendments offered during floor debate, two prevailed: one offered by Rep. Goodlatte to limit the ability of agencies to interpret statutes in ways that would expand their control and another offered by Reps. Goodlatte, Collin Peterson (D-MN) and Jason Chaffetz (R-UT) to prohibit agencies from impartially communicating with the public to generate support for or opposition to a proposed rule. In his floor statement on H.R. 5, Rep. Goodlatte, who chairs the House Judiciary Committee, said, “It is a new day in America. For eight years, the Obama Administration has brought us one thing in response to the nation’s need for recovery from hard times—failure. Bold, innovative measures to unleash American freedom, opportunity and resourcefulness could have brought prosperity’s return after the Great Recession—just as under Ronald Reagan, following his era’s recession. But the Obama Administration responded differently—with measure after overreaching measure, through regulation, taxes and spending. It was consumed by the folly of trying to force ‘transformation’ from the American people through command and control from Washington. Everywhere it went, it sought to choose the winners and losers. When Washington tries to choose the winners and the losers, we all lose. And lose we have…. But it is a new day in America. An incoming Administration promises a new approach to make America great again. Central to that approach is regulatory reform. The Obama Administration abused regulation to force its will on the American people. The assembling Trump Administration promises to wipe out abusive regulation—freeing Americans to innovate and prosper once more. Today’s legislation will give this new Administration the tools.” For further information: https://www.congress.gov/bill/115th- congress/housebill/5?q=%7B%22search%22%3A%5B%22hr+5%22%5D%7D&r=1 and https://judiciary.house.gov/press-release/chairman-goodlattes-floor-statement-h-r- 5-regulatory- accountability-act-2017/

Scott Pruitt Appears Before Senate EPW Committee for Hearing on Nomination to Be EPA Administrator (January 18, 2017) – Oklahoma Attorney General (AG) Scott Pruitt appeared before the Senate Environment and Public Works (EPW) Committee for a confirmation hearing on his nomination by President-Elect Donald Trump to serve as Administrator of EPA. EPW Committee Chairman John Barrasso (R-WY) and Ranking Member Tom Carper (D-DE) provided opening Director’s Report February 9, 2017 For January 2017 -13- statements. After lauding Mr. Pruitt’s record as Oklahoma’s AG, Chairman Barrasso said that EPA “needs an Administrator who will follow the laws created by this Committee.” He further stated that, “During the past eight years, EPA Administrators created broad and legally questionable new regulations which have undermined the American people’s faith in the agency. These regulations have done great damage to the livelihood of our nation’s hardest working citizens.” Barrasso also talked about his own state, saying “For eight years, Wyoming has suffered under an EPA that didn’t believe in striking a balance. As EPA regulations crushed energy jobs in my state, state revenue fell that pays for state programs. This includes paying for our vital environmental programs. Clearly a wholesale change is needed.” Barrasso concluded by stating, “Any new Administrator of the Environmental Protection Agency needs to protect the environment in a responsible way that doesn’t ignore the good work that states do to protect their air, land and water as well as their economies.” In his statement, Ranking Member Carper said, “We are to serve as stewards of this planet. I believe that we have a moral obligation to do so. A great many of my colleagues in the Senate agree and so do most Americans. We need to be convinced that you embrace it as well, not just with your words but with your deeds. Much of your record suggests otherwise. Today, and in the days that follow, we need to find where the truth lies.” Carper went on talk about the “critical mission” of EPA and what is at stake, noting that he finds much of Pruitt’s record on the environment and his views about EPA’s role “troubling and in some cases deeply troubling.” In closing, Carper quoted Christine Todd Whitman, who served as EPA Administrator under President George W. Bush, who said she “can’t recall ever having seen an appointment of someone who is so disdainful of the agency and the science behind what the agency does.” Carper told Pruitt, “Today is your opportunity to show that she’s gotten it wrong. To be honest with you, coming to this hearing today, I fear she has it right.” Barrasso and Carper were followed by Senators James Inhofe and James Lankford, both of Oklahoma, who introduced the nominee and voiced support for his nomination. In his opening statement, Pruitt said that the people of this country are “hungry” for change and with change comes the opportunity for growth. He stated environmental law, policy and progress are based on cooperation between states, between states and EPA and between regulators and the public. He emphasized he will focus on three core philosophies: rule of law, cooperative federalism, and public participation. Pruitt said EPA’s role is to administer environmental laws faithfully, yet as Oklahoma’s AG he “saw examples where the Agency became dissatisfied with the tools Congress has given it to address certain issues, and bootstrapped its own powers and tools through rulemaking,” which he deemed “not the right approach.” Pruitt said if he is confirmed the agency will be committed to using its expertise to implement the direction set by Congress, not to “end run” Congress, “so that Congress may decide the proper policies for our Nation, and the EPA can go about the business of enacting effective regulations that survive legal scrutiny.” Pruitt also indicated that if confirmed he will use the relationships he has forged with his counterparts in the states “to ensure that EPA returns to its proper role, rather than using a heavy hand to coerce the States into effectuating EPA’s policies.” During the Q&A that followed with members of the Committee, Senators touched on many issues including the 14 lawsuits against EPA over the past six years that Pruitt has initiated or joined, 10 of which challenged air quality rules, including the Mercury and Air Toxics Standards (MATS), the 2015 ozone NAAQS, the Clean Power Plan, oil and natural gas sector emission standards for new sources, the Cross-State Air Pollution Rule and the Regional Haze Federal Implementation Plan for Oklahoma. With respect to climate, Pruitt stated his perspective that “the climate is changing and human activity contributes to that in some manner,” the extent of which is subject to debate. He told the Committee there was no reason to review the endangerment finding. Other topics included MATS, the Renewable Fuel Standard, waivers for California’s vehicle standards (Pruitt did not commit to issuing waivers in the future), the economic implications of regulations, lead in water, the Waters of the U.S. rule, the Chesapeake Bay program as well as Pruitt’s fundraising efforts among regulated industry. For further information: Director’s Report February 9, 2017 For January 2017 -14- http://www.epw.senate.gov/public/index.cfm/hearings?ID=1FC50BFE-C59F-4815- 86F8- E463582935A6

Study Refutes Claims that Environmental Regulations Cost Jobs (January 16, 2017) – The Environmental Integrity Project issued a report using data from the U.S. Bureau of Labor Statistics and the Office of Management and Budget (OMB) refuting claims that environmental regulations are responsible for job losses. The environmental group’s report, entitled “Don’t Believe the ‘Job Killer’ Hype,” concludes that only 0.2 percent of mass layoffs (defined as more than 50 people laid off for at least 30 days) are caused by government regulations of all kinds, including environmental rules. Conversely, for every job layoff resulting from governmental regulations, 15 jobs are lost to corporate cost cutting and 30 are lost as a result of a change in ownership of companies or other organizational changes. The report quotes the London School of Economics, stating that the impact on business competitiveness from environmental regulations is “negligible compared to other factors such as market conditions and the quality of the local workforce.” The report also notes that major regulations lead to net economic benefits of more than $500 billion annually in the United States. This includes, among other things, the creation of jobs, such as labor for the construction of sewage treatment plants and the installation of air pollution controls at power plants. According to OMB data included in the report, the benefits stemming from environmental rules exceeded costs by more than a factor of ten on an annual basis between 2005 and 2014. The report also summarizes a series of specific reports and studies discussing the jobs created and/or lost through environmental regulations, concluding that “the total economic impact of regulations is overwhelmingly positive.” For further information: http://www.environmentalintegrity.org/wp-content/uploads/2017/01/Jobs- andenvironment-report.pdf

President Trump Directs Federal Agencies to Streamline Federal Permitting Processes and Reduce Regulatory Burdens on Domestic Manufacturers (January 24, 2017) – In a memorandum to the heads of executive departments and agencies, President Trump vows to “support the expansion of manufacturing in the United States” by expediting the permitting of new and expanded facilities and reducing regulatory burdens affecting U.S. industry. In the memorandum, the President directs the Secretary of Commerce to conduct a 60- day period of stakeholder consultation involving the solicitation of public comment and engagement with federal agencies, including EPA. Within 60 days thereafter, the Commerce Secretary is directed to submit a report to the President setting forth a plan to “streamline the federal permitting processes for domestic manufacturing and reduce regulatory burdens affecting domestic manufacturers.” The report is to identify “priority actions with recommended deadlines for completion” and may include recommendations for “necessary changes to existing regulations or statutes,” as well as “actions to change policies, practices or procedures that can be taken immediately under existing authority.” For further information: http://www.4cleanair.org/sites/default/files/Documents/Presidential_Memo_Streaml ining_Permitting.pdf

EPA Clarifies Announcement of Grant and Contract “Freeze” (January 24, 2017) – EPA announced that it was temporarily “freezing” (i.e., suspending) all contract and grant awards, effective immediately. Many stakeholders expressed concern about the impact of this announcement and sought additional information from EPA about how this would affect a variety of programs, including ongoing state and local air agencies’ activities. Later in the day, EPA issued the following statement, clarifying its position on the suspension of grants and contracts: “EPA staff have been reviewing grants and contracts information with the incoming transition team. Pursuant to that review, the Agency is continuing to award the environmental program grants and state revolving loan fund grants to the states and tribes; and we are working to quickly address issues related to other Director’s Report February 9, 2017 For January 2017 -15- categories of grants. The goal is to complete the grants and contracts review by the close of business on Friday, January 27.” No additional information is available at this time.

EPA Delays Effective Date of 30 Rules Finalized Under Previous Administration (January 26, 2017) – EPA published in the Federal Register (82 Fed. Reg. 8,499) a final rule delaying the effective date of 30 agency regulations that meet the criteria established in a January 20, 2017 memorandum, Regulatory Freeze Pending Review, issued by the Assistant to the President and Chief of Staff in accordance with a new Presidential Directive. The effective date of each listed regulation is delayed until March 21, 2017. About half of the affected rules relate to action on State Implementation Plans and several address attainment determinations. Also affected are the final rules for renewable fuel volume standards for 2017 and biomass-based diesel for 2018, the formaldehyde emission standards for composite wood products and revisions to the guideline on air quality models (enhancements to the AERMOD dispersion modeling system and approaches to address ozone and fine particulate matter). The January 20, 2017 memorandum directs the heads of executive departments and agencies to temporarily postpone, for 60 days, all regulations that had been published in the Federal Register but had not yet become effective in order to give EPA officials the chance to review and consider the new regulations. For further information: https://www.gpo.gov/fdsys/pkg/FR-2017-01-26/pdf/2017-01822.pdf

Senate Democrats Hold Panel Discussion on Nomination of Scott Pruitt for EPA Administrator; Pruitt Submits Responses to Senate Questions (January 24 & 25, 2017) – Senator Tom Carper (D-DE), Ranking Member of the Senate Environment and Public Works (EPW) Committee, hosted a panel discussion on the nomination of Oklahoma Attorney General (AG) Scott Pruitt to serve as EPA Administrator. In his statement at the start of the discussion, Carper said, “Looking at Scott Pruitt’s record, it seems he is perfectly in line with our new President’s mission to stymie or eliminate the EPA.” Carper also noted that while he appreciated the full-day EPW Committee hearing with AG Pruitt last week, “Unfortunately, serious questions remain about the nominee’s record and vision for the agency he seeks to lead.” Six individuals, who Carper described as being able to “talk about [Pruitt’s] record in Oklahoma and what impacts his extreme views may have on the EPA and public health in the future,” were each invited to give a brief opening statement; a roundtable discussion followed. Those providing statements included Jason Aamodt, founder of the Indian and Environmental Law Group in Tulsa, Oklahoma; Casey Camp-Horinek, a Ponca Tribal Councilwoman of Oklahoma, Native rights activist and environmentalist; Gretchen Dahlkemper, National Field Director of Moms Clean Air Force; Kelly Foster, former Chief of the former Environmental Protection Unit in the Oklahoma AG’s office and now Senior Attorney with Waterkeeper Alliance in Oklahoma; Lynn R. Goldman, Dean of the Milken Institute School of Public Health at The George Washington University; and John Walke, Director of the Natural Resources Defense Council’s Climate and Clean Air Program. The following day, Pruitt provided to the Senate EPW Committee 242 pages of written responses to questions, almost all from Democratic Committee members, in addition to the responses he offered to questions posed during his confirmation hearing on January 18, 2017, as well as 53 pages of supplemental information, including lists of lawsuits he initiated or joined or for which he filed an amicus brief; copies of congressional testimony; and other writings. The questions to Pruitt responded addressed a wide range of issues including the Renewable Fuel Standard, the ozone and PM2.5 NAAQS, the role of cost in setting NAAQS, interstate transport of pollution, Concentrated Animal Feeding Operations, funding for EPA and the federal clean air program, the oil and gas New Source Performance Standards, the Mercury and Air Toxics Standards, climate change, the Paris Climate Agreement, Corporate Average Fuel Economy standards and federal clean car standards. For further information: http://www.epw.senate.gov/public/index.cfm/press-releasesdemocratic?ID=2B29DF0A-AE2C- Director’s Report February 9, 2017 For January 2017 -16-

40A0-B563-8A7577ED7529 (click on invited guests’ names in last paragraph to view testimony; no testimony yet provided for Camp-Horinek or Foster), http://www.4cleanair.org/sites/default/files/Documents/EPA_Administrator_NomScott_Pruitt_Resp onses_to_Senate_Qs-012517.pdf and http://www.4cleanair.org/sites/default/files/Documents/EPA_Administrator_NomSupplemental_Info _re-Scott_Pruitt-012517.pdf

Energy Policies and Climate Change

U.S. Power Sector CO2 Emissions May Remain Flat Even Without Clean Power Plan (January 5, 2017) – The Energy Information Administration (EIA) of the Department of Energy projects that even if EPA’s Clean Power Plan (CPP) is never implemented, U.S. CO2 emissions from the power sector may remain flat through 2040. However, with the CPP in place, EIA projects that energy- related CO2 emissions will fall by an annual average rate of 0.2 percent from 2016 to 2040. The findings are contained in the Annual Energy Outlook 2017, a yearly report produced by EIA that models future scenarios for the power sector. The 2017 Outlook includes both a “Reference” case, where EIA assumes that states will adopt mass-based CPP implementation plans and a separate “No CPP” scenario, where the rule is not implemented. Under the Reference case, EIA finds that, when coupled with low natural gas prices and the extension of renewable energy tax credits, “the CPP accelerates a shift toward less carbon-intensive energy generation.” The Reference case also anticipates that coal production will decline to approximately 620 million short tons annually in 2040. In the No CPP case, however, EIA projects annual 2040 coal production at 850 million short tons. For further information: http://www.eia.gov/outlooks/aeo/

EPA Denies Requests to Reconsider and Administratively Stay the Clean Power Plan (January 12, 2017) – EPA announced in a pre-publication Federal Register notice that it had largely rejected 38 petitions to reconsider the agency’s Clean Power Plan (CPP) rule and denied 22 separate petitions for an administrative stay of the rule. Of the 38 petitions received by EPA to reconsider the rule, the agency denied 31 in full and deferred action on aspects of the remaining seven because they involved biomass and waste-to-energy issues. EPA is separately considering whether and how to account for biomass emissions when they are co-fired with fossil fuels. Among the many Issues addressed in the agency’s basis for denial are whether 1) various features of the final CPP were adequately noticed, 2) EPA could set emission guidelines based on “outside the fenceline” measures, and 3) 2012 could be used as the baseline year. In addition to presenting the basis for denial, EPA released four accompanying appendices that describe recent state greenhouse gas emission trends, recent power sector trends, non-BSER compliance flexibilities available under the CPP and an update on the most recent climate science. For further information: https://www.epa.gov/cleanpowerplan/clean-power- plan-petitions-reconsiderationjanuary-2017

More Than 600 Companies Write Trump to Highlight Economic Benefits of the Paris Climate Agreement (January 10, 2017) – A group of more than 600 companies wrote President-elect Donald Trump to urge continued U.S. support for the Paris Climate Agreement and its goal of limiting average global temperature increases to 2 degrees Celsius. According to the group, “Failure to build a lowcarbon economy puts American prosperity at risk. But the right action now will create jobs and boost US competitiveness.” The letter specifically requests that (1) the U.S. continue to pursue low-carbon policies to meet its international emission reduction commitments; (2) invest in approaches to reduce carbon dioxide emissions within the U.S. and abroad; and (3) continue to participate in the Paris Agreement. The letter’s signatories include, among others, DuPont, General 6 Mills Inc., Johnson & Johnson, Monsanto, Nike, Pacific Gas and Electric Company, Starbucks Director’s Report February 9, 2017 For January 2017 -17-

Coffee, Tesla, and Unilever. For further information: http://www.lowcarbonusa.org/

NOAA, NASA Declare 2016 Hottest Year on Record (January 18, 2017) – According to separate analyses from the National Oceanic and Atmospheric Administration (NOAA) and the National Aeronautic and Space Administration (NASA), the average global surface temperature for 2016 was the highest since record keeping began in 1880. NOAA found that the 2016 average global temperature across land and ocean surfaces was 58.69 degrees Fahrenheit, 1.69 degrees above the 20th century average and 0.07 degrees above NOAA’s 2015 average, the previous record holder. NASA, employing a different approach, found that 2016 was 1.78 degrees Fahrenheit above the mid- 20th century average. Though NOAA and NASA rely on much of the same raw temperature data, which include thousands of measurements from weather stations, ship- and buoy-based observations and Antarctic research stations, to calculate the global surface temperature average, they adopt different baseline levels and data analysis techniques. The 2016 record high marks the third consecutive record-setting year as determined by both agencies. NOAA and NASA also found that eight months in 2016 set record highs for their respective average monthly temperatures. For further information: https://www.ncdc.noaa.gov/sotc/summary-info/global/201612 (NOAA) and https://www.giss.nasa.gov/research/news/20170118/ (NASA)

President Trump Issues Memos to Review Status of Keystone XL and Dakota Access Pipelines (January 24, 2017) – President Trump issued separate presidential memoranda to restart the Keystone XL and Dakota Access pipeline projects. While the memos do not convey final approval for either pipeline, they call for expedited reviews of both projects, which stalled under the Obama Administration. In 2015, the U.S. State Department rejected a permit application to route the Keystone XL pipeline across the U.S.-Canada border. In his Keystone XL memo, President Trump invites TransCanada, the company constructing the pipeline, to submit a new permit application and promises a decision from the State Department within 60 days of the application’s receipt. In the Dakota Access memo, President Trump directs the U.S. Army Corps of Engineers to revisit its 2016 decision regarding the project’s easement application to cross a section of the Missouri River near the Standing Rock Sioux Indian Reservation in North Dakota. While the Obama Administration directed the Army Corps to deny the permit, further study of the pipeline’s environmental impacts and consider alternative routes, Trump instead asks the Corps to conduct a new expedited review of the easement request and to evaluate whether further environmental analysis is necessary. For further information: https://www.whitehouse.gov/thepress-office/2017/01/24/presidential-memorandum- regarding-constructionkeystone-xl-pipeline and https://www.whitehouse.gov/the- pressoffice/2017/01/24/presidential-memorandum-regarding-construction-dakotaaccess-pipeline

Nineteen States Appeal Denial of Motion to Reconsider EPA’s Clean Power Plan (January 23, 2017) – Led by West Virginia, a group of 19 states appealed EPA’s January 17, 2017 decision to deny motions to reconsider and administratively stay the agency’s Clean Power Plan rule. According to the states’ petition for review, filed in the U.S. Court of Appeals for the District of Columbia Circuit, “Petitioners will show that the [Clean Power Plan] is in excess of the agency's statutory authority and otherwise is arbitrary, capricious, an abuse of discretion, and not in accordance with law.” In their appeal, the states ask the court to set aside the rule or to provide other relief, as appropriate. In addition to West Virginia, Texas, Alabama, Arizona, Arkansas, Georgia, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, New Jersey, Ohio, South Carolina, South Dakota, Utah, Wisconsin, and Wyoming support the petition. For further information: http://www.4cleanair.org/sites/default/files/Documents/States_Petition _to_Review_CPP_MTR_Denial.pdf

Director’s Report February 9, 2017 For January 2017 -18-

PUBLIC INFORMATION – Jo Niehaus

On-Going

• Asbestos

Mail outs of 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.

• General

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 over 500 packets for December home sales.

Staff had six media contacts in January. Three with the Register Guard regarding potential Red Day, Air Stagnation Advisory and Oakridge Red Day, 1 with KVAL regarding potential Red Day, one with KLCC regarding potential Red Day and one with KPNW regarding air stagnation advisory.

Staff had three press releases in January. One regarding thick smoke contributing to elevated levels of pollution, one regarding the air stagnation advisory possibly leading to smoke ban and one regarding a Red Day advisory and smoke ban for home wood heating in Oakridge.

Attachment No. 10: Last two of the three LRAPA press releases during January 2017.

City of Oakridge Curtailment Program.

Title 47 Proposed Rule changes tour.

2016 Annual Report Photo Contest.

2016 Annual Report

Completed

International Association for Public Participation Mentorship Program.

Heatsmart Training Presentation for Realtors/Brokers

Public Relations Internship 2017 Director’s Report February 9, 2017 For January 2017 -19-

Coastal Lane County Boundary Map

Dry Firewood Sale in Oakridge Planning.

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.

January 2017:  Review Multi-Year Budget Forecast.  Preview Upcoming Appointments on Board and Committees.  DEQ Woodsmoke Workgroup Report.

February 2017:  Elect board chair and vice-chair.  Appoint new budget committee member(s) and budget officer.  Approve dues requests to IGA partners for FY2018.

March 2017:  Hold first budget meeting on proposed budget for FY2018 (July 2017 to June 2018).  Request hearing authorization on proposed revisions to outdoor burning rules.

April 2017:  Second budget committee meeting on proposed budget for FY2018.  Dashboard report.

May 2017:  Adopt FY2018 budget.  Public hearing on proposed revisions to outdoor burning rules.

MLH/cmw

ENFORCEMENT ACTION REPORT FOR: JANUARY, 2017 Page 1 of 7 ATTACHMENT NO. 4 TO DIRECTOR’S REPORT, FEBRUARY 9, 2017

NEW/OPEN ENFORCEMENT ACTIONS 01/01/17 -- 01/31/17 Report of open and actions initiated since last report

NEW: 01/01/17 -- 01/31/17

1. CENTRAL OREGON PACIFIC RAILROAD, INC (COTTAGE GROVE)

A. Violation: Open burning when prohibited; open burning of prohibited materials (railroad ties)

B. Initial Action Taken: NON #3667 issued 01/04/17

C. Subsequent Action: NCP #16-3667 ($825) issued 01/24/17

D. Resolution: PENDING

2. VIGIL, LINDA (COTTAGE GROVE)

A. Violation: Failure to attend open burning; open burning when prohibited; open burning of prohibited materials (household garbage)

B. Initial Action Taken: NON #3668 issued 01/03/17

C. Subsequent Action: NCP #16-3668 ($350) issued 01/24/17

D. Resolution: PENDING

ENFORCEMENT ACTION REPORT FOR: JANUARY, 2017 Page 2 of 7 ATTACHMENT NO. 4 TO DIRECTOR’S REPORT, FEBRUARY 9, 2017

ACTIONS PERFORMED (Enforcement actions issued prior to 01/01/17 with subsequent action in the current reporting period):

1. ALPHA TURF NW LLC (EUGENE)

A. Violation: Failure to promptly extinguish illegal open burning, construction/demolition/commercial open burning without obtaining proper permits

B. Initial Action Taken: NON #3597 issued 12/16/15

C. Subsequent Action: NCP #15-3597 ($1,400) issued 12/30/15; Unclaimed, re-issued to be served by Barristers' Aide 2/25/16; request for hearing - TBA; settlement letter sent requiring answer by 4/30/16 or a hearing will be scheduled - re-requested hearing, scheduled and held on 06/29/16; on 6/30/16, Hearing's Officer found in favor of LRAPA; Hearing's Officers decision was mailed allowing the Respondent 30 days to pay or request an appeal to LRAPA Board - returned unclaimed and served by Barristers' Aide; no response or request for appeal received; Default Order Judgment (DOJ) filed with Lane County for a lien on the property

D. Resolution: CASE CLOSED on 01/09/17

2. MAYER, ALAN, SELF AND (EUGENE)

A. Violation: Open burning of prohibited materials (railroad ties, dense smoke, noxious odors); open burning of construction/demolition debris without first obtaining appropriate permits

B. Initial Action Taken: NON #3618 issued 05/24/16

C. Subsequent Action: NCP #16-3618 ($1588) issued 06/16/16; returned unclaimed, LRAPA hand-delivered; no response, Default Order Judgment (DOJ) for a lien on the property filed with Lane County

D. Resolution: CASE CLOSED on 01/09/17 ENFORCEMENT ACTION REPORT FOR: JANUARY, 2017 Page 3 of 7 ATTACHMENT NO. 4 TO DIRECTOR’S REPORT, FEBRUARY 9, 2017

3. DAVIS BROS. GENERAL CONTRACTORS, INC (OAKRIDGE)

A. Violation: Failure to obtain a survey from an accredited asbestos inspector prior to demolition of a facility; failure to follow asbestos abatement work practices and procedures; improper disposal of friable asbestos waste materials at Lane County Short Mountain Landfill

B. Initial Action Taken: NON #3626 issued 05/02/16

C. Subsequent Action: NCP #16-3626 ($2,000) issued 05/12/16; request for reduction and/or hearing - TBA, proposed settlement letter to be sent 9/12/16 with no response; Hearing scheduled for 1/27/17, cancelled due to negotiations - settled without SFO for $1,200 - paid

D. Resolution: CASE CLOSED on 12/15/16

4. TRIPP, CRYSTAL (ELMIRA)

A. Violation: Open burning of prohibited materials (plastics, garbage, food packaging)

B. Initial Action Taken: NON #3632 issued 05/24/16

C. Subsequent Action: NCP #16-3632 ($300) issued 06/16/16; no response, Default Order Judgment (DOJ) filed with Lane County for a lien on the property

D. Resolution: CASE CLOSED on 01/09/17 ENFORCEMENT ACTION REPORT FOR: JANUARY, 2017 Page 4 of 7 ATTACHMENT NO. 4 TO DIRECTOR’S REPORT, FEBRUARY 9, 2017

PENDING (Enforcement actions issued prior to 01/01/17 with no subsequent action in the current reporting period):

1. JUDEN, MICHAEL (VIDA)

A. Violation: Asbestos survey requirements; abatement projects, notification requirements, work practice requirements, disposal and storage requirements, failure to attend open burning, open burning when prohibited, open burning of prohibited materials, open burning of demolition debris without first obtaining permit

B. Initial Action Taken: NON #3536 issued 02/25/16

C. Subsequent Action: NCP #15-3536 ($30,820) issued 03/21/16; request for reduction approved by the LRAPA Board and reduced to $7,010 with signed SFO and payment plan; on schedule with SFO and payments

D. Resolution: PENDING

2. BROOM, JAMES (VIDA)

A. Violation: Asbestos - Survey requirements; abatement projects, notification requirements; work practice requirements; disposal and storage requirements. Open Burning of prohibited materials; open burning of demolition debris without first obtaining appropriate permits

B. Initial Action Taken: NON #3599 issued 07/13/16

C. Subsequent Action: NCP #16-3599 ($5,500) issued 08/03/16; request for reduction approved and reduced to $1,500 with signed SFO and payment schedule

D. Resolution: PENDING ENFORCEMENT ACTION REPORT FOR: JANUARY, 2017 Page 5 of 7 ATTACHMENT NO. 4 TO DIRECTOR’S REPORT, FEBRUARY 9, 2017

3. KHAN, ZUBEDA (EUGENE)

A. Violation: Asbestos survey requirements; asbestos project notification requirements; work practice requirements; disposal and storage requirements

B. Initial Action Taken: NON #3606 issued 04/28/16

C. Subsequent Action: NCP #16-3606 ($12,000) issued 05/18/16; request for hearing, cancelled due to negotiations of settlement of $3,000 with signed SFO and payment schedule of $125 per month

D. Resolution: PENDING

4. HARDY, LESLIE (EUGENE)

A. Violation: Open burning such as to create a nuisance; open burning of prohibited materials (aerosol cans, garbage, upholstery); burning materials other than woody yard trimmings

B. Initial Action Taken: NON #3634 issued 06/14/16

C. Subsequent Action: NCP #16-3634 ($375) issued 07/08/16; response letter received and proposed settlement of $187 with signed SFO; no response or payment; Default Order Judgment (DOJ) in process for a lien on the property

D. Resolution: PENDING

5. GRAVES, TERRENCE (SPRINGFIELD)

A. Violation: Failure to promptly extinguish illegal open burning; open burning at a time when open burning was prohibited; open burning of prohibited materials (chemically treated wood, plastics, asphalt roofing materials); open burning of construction/demolition debris without first obtaining a letter permit from LRAPA

B. Initial Action Taken: NON #3635 issued 06/22/16

C. Subsequent Action: NCP #16-3635 ($925) issued 07/14/16; Response letter received 8/5/16 request a hearing - proposed a settlement of $525 with signed SFO

D. Resolution: PENDING

ENFORCEMENT ACTION REPORT FOR: JANUARY, 2017 Page 6 of 7 ATTACHMENT NO. 4 TO DIRECTOR’S REPORT, FEBRUARY 9, 2017

6. SERVICE MASTER OF EUGENE (EUGENE)

A. Violation: Failure to obtain an asbestos survey prior to renovation; failure to remove all asbestos-containing materials prior to commencing renovation

B. Initial Action Taken: NON #3640 issued 08/10/16

C. Subsequent Action: NCP #16-3640 ($7,200) issued 08/24/16; no response, Default Order Judgment (DOJ) in process for a lien on the property; postponed filing DOJ because Respondent's lawyer submitted a request for reduction and is under review

D. Resolution: PENDING

7. CAFETO CUSTOM ROASTING (EUGENE)

A. Violation: Exceeded 20% opacity from coffee roaster stack; failed to meet 14000 afterburner temperature; operated at an afterburner temperature of less than 14000 degrees without obtaining LRAPA approval; failed to maintain a continuous temperature monitoring system for afterburner combustion chamber; failure to annually calibrate afterburner temperature probe.

B. Initial Action Taken: NON #3656 issued 09/06/16

C. Subsequent Action: NCP #16-3656 ($6,400) issued 12/29/16; paid and requested a reduction and is under review

D. Resolution: PENDING – potential reduction approval and refund

8. AMERICAN LAMINATORS (SWISSHOME)

A. Violation: Exceeded boiler particulate matter limit of 0.14gr/dscf; conducted stack test on 06/21/16, results from stack test reported at 0.490gr/dscf

B. Initial Action Taken: NON #3659 issued 09/28/16

C. Subsequent Action: PENDING

D. Resolution: PENDING ENFORCEMENT ACTION REPORT FOR: JANUARY, 2017 Page 7 of 7 ATTACHMENT NO. 4 TO DIRECTOR’S REPORT, FEBRUARY 9, 2017

9. GILLESPIE, JACK HOMESTEAD RV PARK (CRESWELL)

A. Violation: Open burning of prohibited materials (carpeting, oil filter, asphaltic roofing material); open burning of construction/demolition/commercial debris without first obtaining a letter permit from LRAPA

B. Initial Action Taken: NON #3664 issued 11/09/16

C. Subsequent Action: NCP #16-3664 ($1,288) issued 11/29/16; request for reduction approved and reduced to $462 with a signed SFO and payment schedule

D. Resolution: PENDING