OLYMPIC REGION CLEAN AIR AGENCY
2940 B Limited Lane NW
Olympia, Washington 98502
BOARD OF DIRECTORS MEETING
September 13, 2006
Members present: Bob Beerbower, Grays Harbor County (Chair)
Mike Doherty, Clallam County
Lynda Ring Erickson, Mason County
Bob Macleod, Thurston County (Secretary)
Phil Johnson, Jefferson County
Grant Munro, City of Port Angeles (Vice Chair)
Mark Foutch, City of Olympia
Pat Hamilton, Pacific County
Ann Burgman, City of Lacey
Members absent:
Legal Counsel: Cece Clynch, for Fred Gentry, Bean & Gentry
Staff Present: Richard Stedman, Executive Director, Mark Goodin, Professional Engineer; Robert Moody, Compliance Supervisor; Dan Nelson, Public Information Officer; Lynn Harding, Administrative Services Manager; and Debbie Moody, Recorder
The meeting was called to order at 10:03 am.
There were no additions or omissions to the Agenda. Ring-Erickson moved approval of the Agenda. Foutch seconded the motion. The motion carried unanimously. Stedman requested to move item 3 under New Business to item 6 under Director's Report. Foutch moved approval of the Consent Agenda. Ring-Erickson seconded the motion and it carried unanimously.
DIRECTOR'S REPORT
Compliance Update
Robert Moody noted in the past two months we have received 573 complaints. To put it in perspective, we normally receive that many complaints in 6 months, Moody explained. The compliance team has completed 152 inspections, with Stedman joining in on the Simpson Timber inspection. We have some ongoing issues with regards to odors; Soil Key (Thurston County – 100 complaints) being one. The engineering department issued them a permit in July and the compliance team met with them to help them understand the permit conditions. Ocean Protein is up and running again and we are continuing to get complaints, although nothing like in the past. We have been down in the area and have noticed odors but we have not issued any citations. They will be conducting testing this week. Munro asked if they had been paying their fines. Stedman stated they are up to date. Beerbower asked if the complainants are the same few or are there more? Moody noted the ‘core' complainants that live east of the plant are calling in regularly. Stedman added that he had met with Canadian interest that is contemplating buying into the facility. They wanted to know our position, Stedman explained. We told them we are very supportive of the business and we want them to be successful. Stedman explained we are not the only entity to have fined Ocean Protein. Ecology and Department of Agricultural are both citing and fining them. Stedman noted he didn't feel it was a case of agencies picking on them, it just shows that they are not running their business in a good manner.
ORCAA Permit Actions
Mark Goodin went over the NSR sheet that was in each packet. Imperium Renewables is a biodiesel plant going in at the port of Grays Harbor. Goodin noted we have a scheduled hearing on September 25, at the port. Lasco is an existing source out in Yelm and they have proposed to significantly upgrade their controls. The proposed control is called a concentrator. What it is supposed to do is take all emissions from the plant, concentrate them and send them through an incinerator. Currently only a small portion of the emissions are incinerated. The primary motivator is this will reduce the rate of emissions and allow them to increase production significantly, without affecting their existing operating permit. Goodin noted Ocean Protein's latest permit is complete and has been approved. This new permit has allowed them to add an RTO to their existing scrubbers. Another significant permit is Rohm and Haas. We recently issued their draft renewal for their Air Operating Permit. Nippon Paper's permit was also just finalized and they are good for another five years.
Ring-Erickson noted she would like to know, sometime, what Peninsula Topsoil is allowed to do. She had received a complaint from a nearby business concerned that they are doing stuff that they aren't licensed to do. She noted we didn't have to discuss it now, but she would like to know. Goodin stated he would get her some information.
Munro asked if Interfor was going all right? Goodin stated Geoffrey Glass is working on that permit. Glass noted we have the application and while it may seem that it is taking awhile to approve, it is actually because we have just been notified so early in the process.
School Bus Retrofit Update
Dan Nelson stated Tacoma Rail has asked for a six-month extension on their agreement, although they do hope to have the locomotives retrofitted by the end of the year. Once the equipment is on the trains we'll be hosting a press conference.
As for the buses, we are getting more interest in the crank case filters. Nelson did presentations at the in-service days leading up to the new school year. The presentations took place at North Mason and Shelton School Districts. Nelson noted he has spoken, via phone, to several other districts as well. We are hoping the parts will start coming in. The idle reduction program for buses is an ongoing success. There has been some discussion regarding electrification at some districts.
Ocean Protein Update
Taken care of during Compliance Update.
Commute Trip Reduction Incentive Program (CTRIP)
Stedman stated he had hoped to have a policy to show the Board, however we are still working on this program. There is a commute trip reduction requirement in state law for employers with greater than 100 employees. We don't have that many but we figured it would be a good program for this agency. We want to keep it simple and reward staff for using alternate methods to get to work. What we are finding is it is not as simple as it seems and the law is full of contradictions, for example it pays you to go to work, but not to return home. Our concerns here at our agency are with emission reduction. We will work on a policy and bring it before the Board at the October meeting. Stedman did request ideas from the Board.
Employee Service Recognition
Stedman noted we had already presented plaques to our employees, but we wanted to recognize them in front of the Board. Jimmy Werner and Jim Wilson have both been with the agency for 25 years. Gordon Lance has been with our agency for 5 years. Stedman noted Werner is recognized throughout the state and nation as an air-monitoring specialist. Wilson too, is recognized throughout the state and nation, for his work on emission inventories.
UNFINISHED BUSINESS:
Personnel Policy & Procedures Manual
Stedman explained we had hired an attorney to help us complete our P&P manual. We hope to update our manual every couple of years. Stedman did note most of the manual is relatively the same. The biggest change to the manual will be the way overtime is calculated. Currently we pay overtime if staff works more than 8 hours in a day. As of January 1, 2007, we'll change it to anything over 40 hours a week, which is consistent with the state and federal law.
Foutch moved approval of the Personnel Policy & Procedures Manual. Hamilton seconded the motion and it carried unanimously.
Business Rules
Stedman noted our Business Rules and P&P Manual were in conflict in some places so we had the same attorney clean the rules up as well. The first area of concern had to do with our grievance procedure, which was outlined in our Rules but was in conflict with our P&P Manual. The grievance procedure was removed from the Business Rules and it is strictly in the P&P Manual. In addition, there was a section regarding a personnel committee that according to the attorney was probably illegal. Our committee was comprised of members of the Board, the Director and a staff member. The staff member is a member of management so it was inappropriate. They suggested the section just be removed.
Foutch noted item 10, any citizen could request an item be removed from the consent agenda. They can request it, noted Foutch, but we don't have to honor the request, is that correct? Stedman agreed.
Doherty stated he had several comments. Doherty noted he and Gentry had worked on the previous rules and it appears some of the things we had tried to omit are now back in the rules. Doherty gave Stedman a list of items to change:
- The Board Secretary position should be omitted. In several sections there is reference stating the Board Secretary takes care of different items.
- In section 7, attendance should be added to the title and note that attendance by telephone is permitted when advance notice is provided to the Director. This way, if we have a quorum issue, someone could call in.
- The reference to 2/3 quorum on matters referred by Ecology. A roll call vote was called for in another instance. A simple quorum should suffice.
- There is a typo in part 7 that states ‘no director shall advise or assist in any one in any…' that needs to be clarified. The last paragraph in the same section states any director experiencing a conflict of interest shall abstain. What it should state is the individual makes the decision after disclosing, and after considering other opinions. Also references to ‘director' should be clarified or changed to member of the Board.
- In the order of business, Approval of Agenda doesn't appear. Also, after Public Comment, perhaps in parenthesis add Except Public Hearings.
- Prior to adjournment we use to have Board Member comments.
- In section 11, if a citizen is speaking it states there is no communication between members and the public. It would be nice to allow members to engage with them. If we need clarification, it would be nice to allow some communication during the public comment period.
- Under section 12, number 3; it would be nice to note there is a sign in sheet for public hearings.
- In 13, regarding minutes again, make sure you change that with regards to the Secretary. Maybe just note the Board delegates the duties to staff.
- In section 16, after the word vote, insert ‘at a regular meeting.' As it stands a majority could amend the bylaws without being at a meeting.
Stedman stated he would look into all the suggestions and bring this back to the Board in October.
ORCAA's Regulations
Stedman explained we have given our regulations a complete makeover. We have reorganized them and now, rather than have Regulation 1 that implied there are a number of Regulations, we are just calling it ORCAA Regulations. We changed the Articles and Sections to Regulations and Rules. Stedman pointed out the last page is a mapping of the old section numbers and the corresponding new ones.
One other change, Stedman continued, was to group like items together. For instance, all fees will now be found in Regulation 3, whereas before they were scattered throughout. Eventually, Stedman stated, we would like to pull the fees out of the Regulations and have them as part of the budget process rather than set in stone in the Regulations. Stedman also noted the Regulations are on our website.
2007 Burn Ban
Stedman explained there would be a prohibition of outdoor burning in all urban growth areas throughout the state, beginning January 1, 2007. In our jurisdiction alone, we have 17 cities/areas that will be affected. Currently we are doing a lot of public education to get the people in these areas ready for the burn ban. We are anticipating some possible legislative action dealing with this issue. We have already heard complaints from cities that have ordinances to keep their yards clean and they don't understand any other way to dispose of the waste without burning it. Stedman noted Mike Shults, Air Quality Specialist, did attend the Pacific County Fair and spent a lot of time educating the public about the upcoming burn ban. Hamilton stated Shults did an excellent job.
Macleod asked how the information would be disseminated. Stedman stated we are working with the media and thanks to Nelson, we have some excellent media spots, not only radio and newspaper, but television as well. We will be distributing information via mail as well. Our plan is to send out a flyer with every bit of communication that goes out of the office. We have signs that state when you are in a no burn area. We are now working on where to place the signs.
Ring-Erickson stated the county has just signed a new ordinance to reduce the number of signs along the roads. She wasn't sure how this would affect our message. Nelson stated he has been working with the different entities and has received very positive feedback. We have options with regards to where we can place the sign. We'll continue working with the cities and counties with regards to signage. Hamilton did suggest we make sure that folks understand it is a state law. Stedman also noted our plan is to educate people as much as possible, we are not going to start writing Notices of Violations. We will also be reminding people that there are already cities that have been banned from burning for quite some time, such as Olympia. Macleod asked that Nelson or Stedman contact Thurston County to get a televised spot during the Monday meeting. Doherty suggested contacting the local PUD to have an insert added to the billings. Hamilton asked about incentives. Stedman stated he had heard there is money available for cities and counties for starting up yard debris collection program. He stated he hasn't gotten anything official, but would look into it more.
Increase in Civil Penalty Amount
Stedman explained the RCW allows a maximum civil penalty of $10,000 per day per violation. The RCW also specifies the civil penalty can be increased, on an annual basis. The increase is set by the Consumer Price Index. For instance, Stedman noted, in PSCAA's jurisdiction, their maximum civil penalty is currently $14,900, compared to our $10,000. We have been looking into increasing our amount. Will the additional $4000 make a big enough deterrent? We don't know for sure, but if in the case of Ocean Protein, it may have.
Beerbower, hearing no objections from the Board, requested staff bring the new numbers to the next Board meeting.
Stedman added we had also mentioned to the Board that we were looking into increasing the land clearing burn permit fee. The Board had approved an increase from $100 to $125. We have taken a closer look at the program. Currently we are charging $100 per permit. This means that someone could come in with one pile to burn and it will cost $100. Their neighbor could come in with 40 piles to burn, and it would cost them $100. We would like to have a more equitable way to charge. We have been discussing a charge by ton or by acreage.
Hamilton asked if the air agencies fine individuals that have a fire get away from them. Stedman stated we do not. The legislature has separated smoke from fire and we try to walk that fine line. Stedman did mention that we had an incident here in Thurston County. One of our registered sources, which accept ground debris from developments, had their piles catch fire. We received many complaints and explained we wouldn't issue a notice of violation for an accidental fire. We will, however, be meeting with them to discuss the operation of their business. They claim they are not a composting facility, however with the piling of the debris they are inadvertently composting.
NEW BUSINESS
Biodiesel Presentation
Stedman explained Imperium Renewals is planning on building at the Port of Grays Harbor. They will be the largest biodiesel plant in the state. Stedman noted they will be using seed oil (reportedly from over seas) and convert it to biodiesel for vehicle fuel. They will be using a lot of methyl alcohol, which is a toxic air contaminant. They will most likely be a major source of industrial pollution.
Geoffrey Glass, Engineer for ORCAA, gave a presentation on biodiesel. Biodiesel is made mostly out of vegetable oil that has gone through a chemical reaction. It can replace diesel fuel or heating oil. During the process of making biodiesel a by-product, glycerin, is made. Glass noted biodiesel is biodegradable and does degrade much faster than petrol diesel. It is less polluting than petrol diesel. Some drawbacks, Glass noted, are that biodiesel has been found to dissolve old deposits in a diesel engine, which could cause some problems, and biodiesel can gel at very cold temperatures, around 30°F. Glass went over a few other advantages and disadvantages. The largest disadvantage is the amount of cropland needed to produce enough seeds to get oil. They only need the seed; the rest of the plant would be used in other ways. After looking into the rate of production and how much fuel oil is used in Washington, it would take every single acre of cropland in the state of Washington to produce enough seeds.
Glass went over some details of the plant itself. He noted they are proposing a complete methanol recovery system. They have a very detailed leak detection system. They are located at a good location, at the port, which is quite a ways from residential areas. It is highly unlikely we'll have any odor complaints.
Munro asked why the plant is being located on the west side of the state rather than on the east side where all the crops are located. Glass explained we do not have enough seed crop here in Washington to sustain this business. Stedman noted they would be located on the port to simplify receipt of the imported crops. Hamilton asked what the projection of the cost per gallon. Glass stated Imperium claims they will be competitive. The Board thanked Glass for the presentation.
Staff Retreat
Stedman stated we are planning a staff retreat to be held at The Evergreen State College. The retreat will take place on October 10. It will be an all day event. We will be looking at some of the goals we set at our last retreat and pick up where we left off. We have hired Barb McAllister who was the former Region 10 Director of Air in EPA. Stedman noted it would be beneficial if we could have some field trips to some of our sources for the Board. Hamilton stated if we list it as a workshop, with no action taken, the entire Board could attend. Stedman stated he would work on that.
Beerbower asked if there was anything more to come before the Board.
Hamilton stated she wanted to give Mike Shults accolades for his part at the Pacific County fair with regards to burning. He took a lot of flack, but he did it with grace and we in Pacific County really appreciate that outreach and education. Stedman stated he had received other great comments as well and Shults is a very valuable person to have out working with these people.
Foutch noted Stedman had come to the city of Olympia council meeting and gave a really good presentation on ORCAA's operation, educating a lot of people.
The meeting adjourned at 11:54 am.
PRESENTED BY
Richard A. Stedman, Executive Director
APPROVED BY:
The Majority of the Board
APPROVED and SIGNED this 11th day of October 2006