House Environmental Affairs Committee


2004 Minutes


January 14, 2004
January 20, 2004
January 22, 2004
January 26, 2004
January 28, 2004

February 2, 2004
February 4, 2004
February 10, 2004
February 12, 2004
February 16, 2004
February 18, 2004
February 24, 2004
February 26, 2004

March 2, 2004
March 10, 2004 - Subcommittee
March 15, 2004 - Subcommittee
March 18, 2004

DATE: January 14, 2004
TIME: 2:09
PLACE: Room 406
MEMBERS: Chairman Raybould, Vice Chairman Harwood, Representatives Barrclough, Meyer, Ellsworth, Campbell, Edmunson, Snodgrass, Sayler
ABSENT/EXCUSED: Rep Smith (30)
GUESTS: Steve AlIred, Martin Bauer, Orville Green, Hyrum Allen, Jon Sandoval, Jess Byrne, John Eaton

Chairman Raybould introduced the staff and members present from the

Department of Environmental Quality were introduced by Director Steve


Chairman Raybould appointed Vice Chairman Harwood to chair the rules review which will be on January 20 and 22.

Representatives were issued binders from the DEQ with the rules to be considered.

MOTION: Rep. Campbell moved that the meeting be adjourned. By voice vote the motion passed.

DATE: January 20, 2004
TIME: 1:30
PLACE: Room 406
MEMBERS: Chairman Raybould, Vice Chairman Harwood, Representatives Barrclough, Meyer, Ellsworth, Campbell, Edmunson, Snodgrass, Smith(30), Sayler
GUESTS: See Attached Sheet
The meeting was called to order at 1:35 by Chairman Raybould.

Rep Meyer moved to approve the minutes of January 14. By voice vote the motion passed.

Chairman Raybould then turned the meeting over to Vice-Chairman Harwood.

58-0102-0301 Toni Hardesty of the Department of Environmental Quality (DEQ) presented this Pending Rule. Oregon and Idaho share a portion of the Snake River. Federal law requires each state have the same standards for water quality along this common section. Idaho's standard for Dissolved Oxygen has been 6.0 mg per liter, Oregon's 6.5. All parties have agreed to change the rule to 6.5 mg per liter.

When asked what range of Dissolved Oxygen this section of river has been running, Don Essig, of the DEQ, did not have a ready answer. He promised to have the numbers at the next meeting. He said there have been some violations along this section. In response as to what controls the Dissolved Oxygen content in the river, Mr. Essig said it is a chain of events. Excess nutrients contribute to too much algae in the river, this then depresses the oxygen level when the algae die and decay. Both man and nature contribute to the lowered oxygen levels, and the TMDL (Total Maximum Daily Load) is the the best they can to do to sort out the contribution from each.

In answer to further questions, Mr. Essig said that in order to meet the TMDL requirements, they must use the higher figure, because that was the agreed upon goal of the TMDL. Steve Allred, Director of the DEQ, said the standards cannot go backwards.

In answer to questions, Ms. Hardesty said there are not contentious, unresolved issues because they used a public advisory team consisting of such groups as Idaho Power, users, tribes, and the EPA (Environmental Protection Agency). The Idaho representatives to this advisory team were appointed by SWBAG (South West Basin Advisory Group). It was the equivalent of a Watershed Advisory Group (WAG).

Rep. Meyer asked for more time to consider these rules, and the Committee agreed to vote on them next week.
The discussion continued. Concern was expressed about the effects this rule might have on some who do not have a Best Management Practices (BMP) in place. Mr. Allred said that everyone is required to have a BMP by law, although not all have one in place at this time. He said that setting a TMDL (Total Maximum Daily Load) is a huge process and the one for this section of the Snake River did involve negotiation, but it doesn't show in the documentation for this rule. All of this needs to be in place to get federal approval.

In answer to what happens if a violation is found, Mr. Allred said it goes on the 303D list­a list of impaired streams, and this "triggers a bunch of things," one of which is a TMDL to determine how to make the stream meet the quality standards, and looks at ways to bring the specific problem in line with the standards. If remedial actions are not taken, then there could be a fine.

In answer to questions, Mr. Essig said that although this rule only changes the Dissolved Oxygen Standard for a portion of the Snake River, it is possible they might look at tributaries as the source of the "load."

58-0102-0303 Ms. Hardesty presented this Temporary Rule. She said it corrects errors in cross-referencing and conversions factors. No public comment was received. This is merely a correction of a rule.
58-0102-0401 Ms. Hardesty presented this rule which deals with the Water Quality Standards Rule and makes it consistent with the Snake River Hell's Canyon TMDL temperature and regional temperature criteria guidance. This sets the salmonid spawning and incubation temperature criteria to 13 degrees centigrade as a maximum weekly maximum temperature. Oregon has agreed to this slight increasing of their number from 12.8 to 13 degrees. This is a slight lessening of Oregon's standards and is not more than the federal government requires, but it is what is recommended. In response to questions, she said the dates when the criterion will apply run from October 23 to April 15 when the Fall Chinook are spawning. Bull Trout are sometimes in the river, but they do not spawn.

Mr. Essig said the problem times are the last two weeks of October. Water temperatures have been in excess of this rule. Rep. Raybould commented that it is very difficult to lower the temperature in the river after a hot summer. Mr. Essig said that one solution may be that the dams may have to change their operations.

Mr. Allred pointed out that dams on the Mid-Snake River come up for re-licensing in the next couple of years. Oregon and Idaho need to get a TMDL done and in place before the re-licensing comes up. They are trying to protect the interests of Idaho as federal law requires that local regulations be honored. These rules will give a certainty to Idaho's standards.

58-0108-0301 Ms. Hardesty presented this Pending Fee Rule. The state took over the control of Public Drinking Water Systems by law a couple years ago, however the law did not explicitly state that fees would be assessed to support the certification program. The federal government does not regulate drinking water systems, but if the state does not regulate them, the state could lose a great deal of federal money. Ms. Hardesty said that legislation is pending that would transfer the licensing to the Bureau of Occupational Licenses which is better set up to take care of this. The DEQ is only handling the licensing on a short-term basis. In answer to questions, Ms. Hardesty said that there are no exceptions or waivers provided. Transient water systems that are used for less than 6 months, such as a rest stop are not covered. One-time grants are available to help small systems.

This rule language is revised to separate water treatment and water drinking users because these two fields require different education, experience and expertise. The Bureau of Occupational Licenses plans to charge $60 a year, although the rule allows up to $100 a year, or $200 every other year.

58-0108-0302 Ms. Hardesty said that this is a minor rule change. The Environmental Protection Agency has made minor revisions, and Idaho must accept these revisions within two years. There are spelling corrections for specific chemicals and correction of cross reference errors. No public comment was received. These changes do not dilute the state law requiring notification when drinking water is contaminated.

Mr. Allred explained that these two temporary rules need to be formally approved. The DEQ Board will consider the rules in February, but it would be too late for this year's Legislative session. The Board will adopt these rules in February, and then they will come back next year as pending rules.


DATE: January 22, 2004
TIME: 1:35
PLACE: Room 406
MEMBERS: Chairman Raybould, Vice Chairman Harwood, Representatives Barrclough, Ellsworth, Campbell, Edmunson, Smith(30), Sayler


Representatives Meyer and Snodgrass,
GUESTS: John Brueck, Martin Bauer, Brian Monson, Orville Green, Doug Conde, Ron Sutcliffe, Paula Gradwohl, Roy Eiguren, Jess Byrne
MOTION Rep. Sayler moved to approve the minutes of January 20. By voice vote the motion passed.
Chairman Raybould turned the meeting over to Vice-Chairman Harwood.
58-0101-0301 Martin Bauer, Air Administrator for the DEQ (Division of Environmental Quality) spoke. This is the annual update to incorporate the new federal rules by reference. The federal regulations must be referenced, and when the federal regulations change, our references must change. There are no substantive changes. There is a minor change in the location of available reference material from a mailing address to a web site. This rule is no more or less stringent than the federal rules. At the public hearing no one showed up, and no comments were received during the comment period.
Rep. Campbell moved to approve 58-0101-0301. By voice vote, the motion passed.
58-0105-0301 Orville Green, Administrator of the Waste Management Remediation Commission, spoke. These rules are the adoption by reference of the federal hazardous waste materials. This is a routine annual procedure that DEQ performs to satisfy the Idaho State Code. There was no negotiation and no public hearing. There was a 28 day period for public comment and none were received. These rules were adopted at the Board meeting. This action is required for Idaho to maintain its jurisdiction over hazardous waste materials. Three citations in the federal register were required, even though these situations do not exist in Idaho
MOTION Rep. Campbell moved to approve 58-0105-0301. By voice vote the motion passed.
58-0110-0301 Mr. Green continued. This rules describes the notification of the disposal of radioactive materials. No one showed up at a public meeting on this rule. This rule regulates an activity not regulated by federal law. This is in response to an attempt last year of a company in Arkansas to dump low radioactive materials in Idaho. Not all radioactive substances are covered by the federal law. DEQ rules prohibit radioactive materials from being disposed of in a municipal land fill. The rule gives DEQ the authority to take control of such materials. This rule stops the intent to dump as well as the disposal of radioactive materials.

In response to questions, Mr. Green said notification of this rule will be sent to all land fills and will be put on the web. Labs that handle radioactive materials already know how to handle this type of material.

MOTION Rep. Campbell moved to approve 58-0110-0301.
In response to further questioning, Mr. Green said the dumping was done by middle management, who lost their jobs. The CEO of the company was in Director Allred's office, and assured Mr. Allred there won't be future events like this.

Roy Eiguren spoke. He represents the only company licensed to dispose of low radioactive materials in the state, and supports this rule.

By voice vote the motion approving 58-0110-0301 passed.
58-0123-0301 Doug Conde, said this rule governs the actions the Director of the DEQ takes in the filing of a contested case. This makes sure the public receives notice when a ruling by the Director is contested. The public then has an opportunity to intervene. The DEQ has been publicizing these contested cases, but now they are putting it into rule. The rule states than when a contested case is filed, public notice must be given within 14 days, published in the paper, and mailed to any interested parties who have listed themselves with the DEQ.

The Board of Environmental Quality can accept or deny the contested case. At the suggestion of a Representative, Mr. Conde agreed they could add the Internet to the ways of notification.

MOTION Rep. Campbell moved to approve 58-0110-0301. By voice vote the motion passed.
ADJOURN: The meeting was adjourned at 2:05

DATE: January 26, 2004
TIME: 1:38
PLACE: Room 406
MEMBERS: Chairman Raybould, Vice Chairman Harwood, Representatives Barrclough, Meyer, Ellsworth, Campbell, Edmunson, Snodgrass, Smith(30), Sayler
GUESTS: See attached list
RS 13715 Representative Denny presented RS 13715. He said this bill does exactly what the Statement of Purpose says. This RS is triggered by an incident that occurred this past year. This bill requires the Director of the Department of Environmental Quality to appoint watershed advisory groups to work towards developing the Total Maximum Daily Loads (TMDL). It requires an affirmative vote of at least 50% of the members of the Watershed Advisory Group before the TMDL can be submitted for approval.
MOTION: Rep. Campbell moved that we introduce RS 13715 for printing. By voice vote the motion passed.
Richard Rush, Vice President for Natural Resources of the Idaho Association of Commerce and Industry (IACI) spoke. He said that each year IACI comes to the Legislature to talk about issues that are important to business in Idaho. Most of the jobs leaving Idaho for overseas are in manufacturing, and the new jobs coming in do not pay as much as the jobs that are lost. Manufacturing is the one segment in our state that has not seen a rebound in jobs. He introduced Alan Prouty.

Alan Prouty, Chairman of the Environmental Committee for lACI, spoke. He has held a number of environmental positions around the state, and currently is Director, Environmental & Regulatory Affairs for Simplot.

Mr. Prouty listed three areas of concern.

1) The Development of Rules and Guidance for state agencies, especially the DEQ (Department of Environmental Quality.) They want the rules to be consistent with the federal rules. There is more research done at the federal level, and Idaho companies can be at a disadvantage with businesses in those states who have adopted the federal rules. They realize there is a need for a few rule exceptions, specific to Idaho, but these need to be clearly understood and adopted by the Legislature. He believes that rules should be adopted using Negotiated Rule Making, good faith, and the best science available. Policies need to be developed after the public has had the opportunity for input.

2) Most federal statutes provide for the state to actually run the program, with some federal oversight. IACI approves of this. They believe the State is in the best position to make decisions that affect Idaho. They encourage the DEQ to be aggressive and assertive in maintaining their rights under federal oversight programs.

One environmental program the state does not control is NPDES (National Pollution Discharge Elimination System.) They support the State taking this over, but there are issues. The main one is money. How would this program be funded. The program would have to be developed within the DEQ, and would have to consider the role of the EPA (Environmental Protections Agency) and would have to cover how the ESA (Endangered Species Act) would affect the permits issued. A committee of very professional people has started working on this. IACI would like additional discussions between the regulative community, DEQ, stakeholders, and the Legislature on this matter.

He suggested the possibility of discussions later this year.
3) Permitting was the third area where business and the DEQ interact. Mr. Prouty stated that at times permitting can be a very frustrating experience. They are concerned with the fees, the timeliness for review, and requirements of the permit.He gave an example of the Air Operating Permit Program, administered by the DEQ. The DEQ is putting together a Negotiated Rule Making Process for the required fee review this year, and they are looking forward to being involved.

They want the timely issuance of permits. The federal government has made some changes. They are appreciative of the DEQs Air Permitting Process. He hopes the changes will be of benefit to those in Idaho.

Another area of concern is the Land Application Permits. This concerns facilities that have waste water with nutrient value that is applied to crops such as alfalfa. This business has matured, and they would like to sit down with DEQ and see if they can make changes to improve the situation.

DEQ is working on revising water standards for metals. IACI is working to improve the permitting process in air and land use permit applications.

In response to questions, Mr. Prouty said the DEQ is evaluating the Air Permit Structure this year. He doesnt know if there will be a fee increase.

Mr. Prouty said that with the National Pollution Discharge Elimination System being run by the federal government, there is no fee. If the state takes over primacy, there will be fees charged to those applying for permits, but he hoped that the requirements could be less stringent under a state administered program. Our Region 10, has more stringent regulations than do other areas.

ADJOURN: The meeting was adjourned at 2:03

DATE: January 28, 2004
TIME: 1:41
PLACE: Room 406
MEMBERS: Chairman Raybould, Vice Chairman Harwood, Representatives Barraclough, Meyer, Ellsworth, Campbell, Edmunson, Snodgrass, Smith(30), Sayler
GUESTS: See Attachment with those who signed up for the Sub Committee
MINUTES Representative Meyer moved to approve the minutes for January 21. By voice vote the motion passed.
REPORT Rep. Harwood reported that the SUBCOMMITTEE on Rules recommended that all of the rules be approved. They are 58-0102-0301, 58-0102-0303, 58-0102-0401, 58-0108-0301, 58-0108-0302, 58-0101-0301, 58-0105-0301, 58-0110-0301, 58-0123-0301.
MOTION Rep. Campbell moved to approve all of the rules. By voice vote the motion passed.

Report on Underground Storage Tanks by DEQ:

Steve Allred, Director of the DEQ (Department of Environmental Quality) started the presentation. Idaho does not regulate underground storage tanks. They do have primacy over the "Leaking Underground Storage Tanks" (LUSTs). They do respond to leaks. The regulatory work is done by the EPA (Environmental Protection Agency) in the state of Idaho. There was a lot of action last year in this area.

Mr. Allred said he is concerned with more than just the underground storage tanks (USTs). He feels we will regret in future years what we have allowed to happen to the underground water quality in this state. Most of the state gets its drinking water from underground water. USTs are not the only problem. The State of Idaho has the liability to deal with the underground storage tanks that leak. Some of these sites do not have insurance. The federal government has helped. So far, they have spent 3 million dollars in the last couple of years responding to these leaky tanks. He expressed appreciation to the EPA for making the following presentation.

Jim Werntz, Director of the EPA Idaho's Operations, spoke. They are a field office and part of Region 10, based in Seattle. They are responsible for managing the federal program, jointly with the state. He covered three areas: 1) background, 2) results from the 4-day inspection in October, and 3) the issue of significant operational compliance, and how different states stack up in the area of compliance.

There program is prevention orientated. It is much cheaper to prevent leaks, rather than repair the damage. One cannot say that lack of a particular program results in a problem, but there is a problem in Idaho.

He said there are two programs in Idaho­prevention and clean-up. EPA runs the prevention program. They do 60 to 70 inspections a year. Of Washington, Oregon, Alaska & Idaho states, Idaho is the only state not to have primacy in prevention.

Last October, the EPA decided to do additional inspections because of concerns about compliance. Sites were notified ahead of time of the inspections. He presented a written report (See Attachment 1), and also had charts for the Committee to view. In a four-day period, eight inspectors did 94 inspections at 109 sites. No action was taken in 20 cases, 33 were given a written warning, and 47 received field citations. The total number of violations was 146 and the total penalties assessed was $24,000.

He went on to discuss the types of violations. Almost 50% of them were in the area of leak detection, 27% didn't have protection, 14% had corrosion issues, and 8.4% did not have insurance. The lack of insurance could result in a significant liability to the community, taxpayers, and the state.

He said it is difficult to compare Idaho nationally, and they don't have good comparison numbers with other states at this time. That data is coming. However, they were not surprised by the results of the inspections in October.

Rep. Barraclough spoke. He has been working in this area for over 50 years. He was disappointed in what the EPA has done. He feels the EPA was unhappy the Legislature rejected the rules last year and so they put out a press release with "inflammatory" language. He stated that orphan tanks are a problem, and many tanks that have problems predated the programs and rules. He urged more harmonious work with the state and the use of objective information to form conclusions.
Mr. Werntz continued with the presentation. It is the conclusion of the EPA that there is a problem in Idaho and it needs to be addressed. He expressed commitment to continuing to work with DEQ on this. They are going to try and get additional resources to deal with this problem. There is an energy bill pending before the US Congress that significantly increases the amount of inspectors and funds to work with the underground storage tanks.

In response to questions, Mr. Werntz said the Federal EPA rules are adequate to take care of undergound storage tanks, where ever they are. He said that in order to take over from the EPA, the state's requirements must match or exceed the federal standards. Washington State exceeds federal requirements in some areas.

Chairman Raybould asked if the failure of the Legislature to approve the rules last year resulted in any spill that the rules would have prevented.

Mr. Werntz replied that it is difficult to get credit for preventing a problem that doesn't occur. Prevention was the focus of the October inspections. It was field applications of the federal rule.

Chairman Raybould commented that during the 1990s almost everybody dug up their tanks and put in new ones. Last year's rules required redoing those tanks to exceed federal rules. He again asked if any leaks were discovered that wouldn't have occurred had those rules been in place.

Eric Sirs, of the EPA said no they were looking for compliance in October. In answer to questions from the Committee, he referred to the charts showing the categories of violations. In some cases the paperwork was missing, but a release detection method was missing in a large percentage of the violations. In some cases no paperwork had ever been done to show if there was ever a tank leak inspection.

Corrosion protection is needed to protect steel tanks and lines. Fourteen percent couldn't operate or monitor their corrosion protection equipment. Some didn't keep all their 60 day repair documents.

Mr. Sirs agreed that a small percentage of the violations could be called paperwork. He said that he is the only inspector in the State of Idaho, and that he has other duties, besides. The 8 inspectors in the October Enforcement Initiative were brought in from around the country. Rep. Harwood again raised the issue of the October inspection being retaliation for the rules being rejected last year.

Mr. Werntz said the documentation must be on site. He said the EPA runs their program to meet their obligations, and was not affected by last year's actions of the Legislature.

In response to questions, Mr. Sirs said that DEQ has an 85% clean-up rate.

When questioned, Mr. Werntz said the rate of violations in October was similar to the annual rate. Inspecting 7 or 8% of the facilities at one time gave the EPA a "snap shot" of the situation. With 1300 facilities in the state, it would take them 20 years to get through the entire cycle. They are hoping to be able to do more inspections in Idaho in the future.

In response to questions, Mr. Sirs said that a community finds out rather quickly when an inspection finds violations. The EPA doesn't inform the public, but they do respond to questions. Information isn't released until the owner has had a opportunity to correct the situation. If corrected, the subject is closed.

Mr. Werntz added that some information is not released because it is an on-going enforcement. It isn't easy for a citizen to get enforcement information on a local gas station.

In response to questions, Rick Jarvis, Program co-ordinator for the Leaking Underground Storage Tanks for Idaho, was introduced.

Mr. Allred explained that $600,000 goes to clean up leaks. $200,000 is used to maintain records on the tanks, and provide regulatory assistance to those bringing a tank into compliance.

In response to questions, Mr. Werntz said the news release was in response to questions from the news media. There was an unusually high level of interest in this case. They did not provide data until they actually had it.

Chairman Raybould asked if the 96 tanks in violation were new tanks put in during the 1990s or old tanks that were never replaced.

Mr. Sirs said that the violations were both on old and new tanks. Some old tanks were only fixed in certain areas. Three sites out of the 90 did nothing to meet the 1998 deadline.

Mr. Jarvis said they have a data base of 3500 tanks.

Mr. Werntz said a number of new tanks were not properly installed. In some cases they were sold improper or excessive equipment. The EPA tries to provide the proper information when asked.

Mr. Allred commented about some of the clean-ups around the state. In Ashton, they have spent $300,000 and haven't even started. This was a modern facility that leaked, and the owners are out of state. DEQ does not expect to recover much of the costs. A number of residents were impacted, among them a family with 5 or 6 children who got better when they started drinking bottled water. DEQ found out about the problem in Malad City when a basement caught on fire. DEQ has spent a lot of money there and is not done. DEQ has spent over 2.6 million dollars in six cities. The General Fund picks up the cost.

In response to Rep. Meyer pointing out all the progress the State has made, Mr. Allred agreed that Idaho has an excellent Leaking Underground Storage Tank program. However, he is distressed by the new tanks that are leaking. These new tanks are big ones. Salmon is another town with a huge spill. He hoped that preventive measures in place will catch leaks quickly. If one has detection equipment, but doesn't use it, it doesn't do any good. He thinks the state is making good progress and is headed in the right direction. They spend 4 million dollars a year in the clean up of sites. Often they find the petroleum in the sewage lines, or in the ground. Many of these leaking tanks do not have insurance.

In response to questions, Mr. Sirs said that these leaking tanks run between 10,000 to 15,000 gallons on the average.

Charley Jones, co-owner of the Stinker Stations, spoke. He purchased his half interest in November, 2002. He said "Leaking Underground Storage Tanks" is a misrepresentation. Once a leak is discovered, the fuel is removed. The tank leaked for a period of time, but isn't leaking now. It normally is a small failure. An owner cannot afford to lose fuel at today's prices. If one stores things in the ground over time, things will happen. They personally have four clean-ups going in Idaho. The state did not pay a penny for these clean-ups. His company works with the DEQ and they are a great help and a great asset. The state's insurance is great, but only covers leaks occurring during the time the policy is running. They had to clean up three leaks that occurred before insurance was available.

Mr. Jones said the Petroleum Industry works very hard to clean up their spills. They are responsible. The State is the last resort, not the first resort. He urged the State to go after the station owners. He thought the notice on the October inspection was courteous. All the Stinker stations passed. (He felt the 96 sites were not randomly selected.) All of their tanks are insured. He said the petroleum industry felt that the EPA releases were not positive, even though the EPA claimed they were.

At this point Mr. Allred stood to clarify what he said. He said that most leaks are reported by tank owners. The big problems are where they have owners that are not complying with the rules, or ancient owners who have long since left the property and it has been sold several times.

In response to questions, Mr. Sirs said 94% of the UST (Underground Storage Tanks) in the state own one or two facilities.

Mr. Jones added that most of the fuel is sold by the larger operators who have the large tanks. Jackson stations have more sites than he does. He doesn't think "Mom and Pop" stores have a reason for not complying with the rules.

Rep. Campbell asked what is the solution­have the federal government take over all the stations?

Mr. Jones replied that the public demands more today than they did 30 years ago. They expect cleaner water, air, etc. The federal government has proven they aren't very good business people. We would have a large problem rather than a small problem, if we turned stations and their management over to the federal government. Banks are very concerned that stations meet the EPA requirements before they loan money.

Mr. Allred said that 66% of the facilities in the state are owned by owners with 1 or 2 tanks.

When asked about any mechanism for forwarding the documentation for underground storage tanks to new owners, Mr. Allred said real estate laws talk about disclosure, but state and federal laws depend upon the information being available at the site. Owners are required to report the existence of a tank and its physical characteristics. They get a lot of requests for information about specific pieces of property, but they only know what they have been told about the upgrades. The EPA does all the inspections.

Susan Schaefer, of the Idaho Petroleum Marketers & Convenience Store Association, presented a packet. (See Attachment 2.) Her organization believes that the October inspections were retaliation. She said that Idaho's problems with LUSTs are mainly on old, abandoned storage tanks. She said that tanks must be in compliance to get insurance. Without insurance, a company is shut down. Idaho is a success story based on the DEQ and EPA actions these last years, and according to public data. The rates of leaking tanks have declined.

She commented that the DEQ and EPA have been dealing with the Ashton site and another one for 5 to 10 years. The media portrayed this as a newly discovered sites. On the ratings, Idaho is 15 points better in clean up than the nation or the region.

Ten years ago, Idaho put in place a Clean Water Trust Fund, a non-profit insurance company. This tank fund insures almost 85% of the tanks in Idaho. 92% of the tanks have some kind of financial insurance, which is better than the percentage of insured drivers.

She closed with the comment that people say Idaho's program isn't functioning well enough, but released data shows Idaho is in a good position. She said she "doesn't think that policy regulation through press release is the way to do it."

ADJOURN: The meeting was adjourned at 3:21.

DATE: February 2, 2004
TIME: 1:35
PLACE: Room 406
MEMBERS: Chairman Raybould, Vice Chairman Harwood, Representatives Barraclough, Meyer, Ellsworth, Campbell, Edmunson, Snodgrass, Smith(30), Sayler
GUESTS: (See Attached list)
MINUTES Rep. Sayler moved to approve the minutes of January 28. By voice vote the motion passed.
BILL #: 544 Rep. Denney presented HB 544. It requires the DEQ (Department of Environmental Quality) Director to appoint Watershed Advisory Groups (WAGS). It changes the language from "may" to "shall." It also requires 50% of the WAG to approve the recommendations for a TMDL (Total Maximum Daily Load). There is a need for stakeholder "buy in" to improve the quality of water in Idaho. He added there was an amendment as a needed phrase was inadvertently left out.
Dennis Tanikuni, Assistant Public Affairs Director for the Farm Bureau, spoke in support of the legislation. He liked the requirement that a WAG would be formed in most of the watersheds. He believed this bill will be beneficial for both the DEQ and the stakeholders.
Steve Allred, Director of the DEQ, spoke. Under the current system, a BAG (Basis Advisory Group) is a formal organization with specific members appointed based on requirements in the code. There are six WAGS in Idaho. Each basin is subdivided into watersheds. WAGS are informal advisory groups. Currently, WAGS are who ever has wanted to come and serve on the board for that issue. There are no specific requirements. He displayed a chart showing the history of the Weiser River Watershed Advisory Group, which he said began in 1999. The TMDL for that area is now in the third draft. DEQ has offered to go through the document page by page, and has given them two extra months­until February of 2003 for input. (They asked for six.)

He displayed 17 pages of schedules which are the result of court settlements on the water quality issue. He also showed charts of the schedules for 2003, 2004, and 2005. His concerns are costs and schedule. The budget for the water quality program in DEQ is less than it was two or three years ago. They are just barely meeting the schedule due to resource issues. They have discontinued providing staff support to the WAGS as they don't have the money. He doesn't believe we can meet the schedule with this new bill. The EPA (Environmental Protection Agency) has already put the DEQ on notice as to what the consequences will be­they will take over the clean water regulation in Idaho. (See letter "Attachment 1")

In response to questions, Mr. Allred said making WAGS a formal process would take more time, not less. He agreed there are WAGS in place with volunteers, but said the technical people put together the criteria. Mr. Allred said BAGS have to include agriculture, mining, non municipal point sources, forest products native groups, and livestock among others, plus one person appointed at large by the Director.

Rep. Harwood questioned the use of best available science. He said in the Silver Valley, water from the drinking fountain was good enough to drink, but not good enough to pour in the river according to the TMDL standards.

Mr. Allred said the Safe Drinking Water Act criteria would be better than the water quality standard in the river. There would not be a TMDL for that river, but the Coeur d'Alene River. He said he didn't understand the statement.

Mr. Allred said that if the EPA takes over, they don't use WAGS.

Lloyd Knight, representing the Idaho Cattle Association, spoke in support of the bill. He said his members in the Weiser Basin are concerned about this issue and are in favor of this bill and its requirements of 50% of the members approval of the TMDL standards.

In answer to a question, Rep. Denny said currently there is no requirement that any input from the WAG be given any consideration.

In response to comments about scheduling, Mr. Knight, said the Cattle Association is concerned that they be involved, but they are not trying to slow down the process.

In answer to a question, Mr. Allred said that if Idaho doesn't meet the schedule, the EPA has the choice to take over the whole state, or just the area that did not have a TMDL. He surmised that they probably would "just do a TMDL on that source" that did not have one.

In response to questions, Toni Hardesty, of DEQ, said no comments were received between the first and second drafts. There were comments between the second and thirds drafts and changes were made. At this point in time they are waiting to hear back from the Weiser River WAG to see if their concerns were addressed.

Joe Qualls, Vice Chair, Weiser River Watershed Advisory Group, spoke. (See Attachment 2) He is a member of the Weiser River WAG, and listed his many other connections to water issues, including 9 ½ years employed by the City of Weiser in the area of drinking water. He said the Weiser River WAG has been in existence since March 18, 1999. Their first experience with DEQ and Tonya Dombrowski went well.

However, they feel on "the Weiser River Sub Basis Assessment (SBA) and TMDL, their ability to participate has been severely restricted by IDEQ" They feel "their efforts to be involved in the process have mostly been ignored." He said they were told not to worry about temperature as they couldn't do anything about it. When the SBA-TMDL was finally released to them, there was a "ridiculous" proposal calling for 69% shading on the entire lower Weiser in eleven and one-half years. (Dr. Dombroski in Oregon set a target of 70 years on the same project.)

In spite of numerous requests, they did not receive any documentation until after June 20. The WAG told Mr. Ingam of DEQ they considered this document "garbage." They did not see another SBA-TMDL until October 16. They have sought legal council. They wanted to sit down with DEQ and go through the SBA-TMDL page by page, but this still hasn't been done.

He closed with the opinion that DEQ should be the biggest supporter of this legislation because this bill will guarantee that local concerns are heard and addressed, resulting in the best possible TMDL. "Local buy-in is the only way that implementation can succeed."

In response to questions, he felt the same general guidelines for BAGS, could apply for WAGS. They have no mining or tribal interests in their area, so those groups are not represented. The BAG did approve the membership list, but only after the WAG met and organized themselves.

Norm Semanko, Executive Director of the Idaho Water Users Association, spoke in support of the bill. He believes there are process concerns that need to be addressed. He thinks the original intent of the Legislature needs to be "shored up" by this bill. He said he felt the Mid-Snake "buy in" was due to the fact that people felt a part of the process. Most WAGS work on 100% consensus, the 50% vote is only needed where there is a fundamental break-down in the process.

In response to questions he said that the Weiser River WAG is not the only problem, but it is especially bad there. The people in that WAG feel as if they are being "slammed dunked." They don't feel there is a co-operative effort between the DEQ and the EPA. They feel the test is "Is it acceptable to the EPA?"

Dar Olberding, a member of the Payette River WAG, spoke. He is the environmental person on his WAG. Less than two years ago, another area, Bissel Creek, was brought in to the Payette River. The DEQ wrote up the TMDL and presented it to the WAG and said "vote on it." He is also on the water board in his area. High e.coli levels were reported in the creek. They asked for an extension of three months because they felt the reports were not accurate. They received 30 days. The local irrigation district has paid between six and eight thousand dollars for farmers to do water testing.

When asked why the WAGS work in some areas, and not others, Mr. Olberding said that the DEQ gives lots of times to develop the main streams, but when they get to the sub basin, things are rushed through.

Jane Gorsuch, Vice President of Intermountain Affairs for the Idaho Forest Association, spoke. She said this bill highlights the need for further dialog as to how the WAGS and BAGS work in Idaho. Serving on these boards is an interesting experience in local citizen input. The whole WAG situation became so contentious in her area, people were sorry they were on the boards. They have hydrologists and geologists on the WAGS and BAGS. Another experience around Lewiston, with a TMDL where local people were involved, went much better. It was a more difficult process, but she felt comfortable with the TMDL. In early stages, opposition to the issue at hand would load the meeting with people on their side. She feels that formalization of the WAG boards would be a good idea. Forest land owners want to be able to continue to manage their own lands. They do not want the federal government to take over the management of land in Idaho. She feels there will be good things come out of this dialog.
Rep. Denney made the closing comments. He said he understands the DEQ is on a strict time line, but the way the Weiser River Watershed Advisory Group is being treated will not help the pollution in the River. The document came to the Weiser River WAG members too late. It did not contain what they discussed for the last five years. He showed what he called "400 pages of worthless words which will not improve the water quality in the watershed." He said there is a real need for stakeholders to "buy in" to improve the water quality.
Justin Hayes arrived too late to speak before Rep. Denney closed the discussion.
MOTION: Rep. Campbell moved to send HB 544 to the floor with a do pass and placed on the amending order with amendments attached. By voice vote the motion passed.

DATE: February 4, 2004
TIME: 1:30
PLACE: Room 406
MEMBERS: Chairman Raybould, Vice Chairman Harwood, Representatives Barraclough, Meyer, Campbell, Edmunson, Smith(30), Sayler


Representatives Ellsworth, and Snodgrass
GUESTS: Roy Eiguren
MINUTES Rep. Harwood moved to accept the minutes from February 2. By voice vote the motion passed.
RS 13776C1 Roy Eiguren, representing US Ecology of Idaho, presented RS 13776C1. US Ecology of Idaho owns and operates the only hazardous waste facility in Idaho, and one of 18 in the nation. It is located in Owyhee County, near Grandview. Its closest competitor is a facility in Arlington, Oregon. There is an agreement between Idaho's Department of Environmental Quality, and the Oregon Department of Ecology to have the fee structures the same in both states so as to provide a "level playing field" for the companies that operate in these two states.

During the last session, the Oregon Legislature made "slight changes" in their fees that become effective March 1 of 2004. This delayed date was set to give the Idaho Legislature time to change its code to match Oregon's fee schedule.

The price was reduced for large amounts of debris.

When asked why Oregon reduced their fees, Mr. Eiguren said that Oregon reduced their fees to stay competitive with California's fees. He said it would be difficult to estimate how much the state would lose if this bill is not passed.

Mr. Eiguren promised a full and complete briefing at the hearing, should this RS become a bill.

MOTION Rep. Harwood moved to introduce RS 13776C1 for printing. By voice vote the motion passed.

DATE: February 10, 2004
TIME: 2:35
PLACE: Room 406
MEMBERS: Chairman Raybould, Vice Chairman Harwood, Representatives Barraclough, Meyer, Ellsworth, Campbell, Edmunson, Snodgrass, Smith(30), Sayler
GUESTS: See attached sheet
Chairman Raybould called the meeting to order at 2:35
MINUTES Rep. Harwood moved the minutes of February 4 be approved as written. By voice vote the motion passed.
RS 13835 Rep. Trail presented RS 13835. This is a resolution to articulate the support of the Legislature of the State of Idaho to encourage all citizens of Idaho to reduce, reuse, and recycle household hazardous and electronic wastes. The increase in toxic products is a problem. Many materials that are toxic are not recyclable. Computer keyboards have a toxic element that can leak out in landfill and has been found in mother's milk. The purpose is to place more responsibilities on manufacturers.
Sen. Marley spoke in support of RS 13835. He got involved several years ago. This is an effort to educate the public, and bring to the attention of the Legislature this issue that we are going to have to deal with at some point in time. He said we want to open dialog now before we have to take action.
MOTION Rep. Smith moved to introduce RS 13835.
In response to questions, Rep. Trail said a plastic flame retardant, bromaided, is the chemical that showed up in mother's milk. He said this bill will encourage educational programs through Idaho recyclers, the education system, and DEQ. In Moscow, the recycling center is recycling 60% of all waste materials. The City of Moscow is funding $150,000 for educational programs a year in Moscow and throughout the county.

Rep. Trail said that DEQ (Department of Environmental Quality) has committed themselves to use this resolution. (Mr. Sandoval of DEQ nodded his head.)

ACTION By voice vote the motion to introduce RS 13835 passed.
HB 611 Roy Eiguren, of Givens Pursley, presented HB 611. He introduced those from US Ecology of Idaho and the parent company American Ecology in the audience. He used a Power Point presentation. (See Attachment #1)

In response to the Federal Hazardous Waste Management Act of 1984, Idaho passed their own legislation. In 2001 Idaho made explicit provisions for low radio active material not previously regulated by any one previously. In 2002, a bill was passed stating there would be fee parity with Oregon. This bill simply keeps Idaho fee structure in line with the small change that was made by the Oregon Legislature.

US Ecology Operates 3 of 18 RCRA (Resource, Conservation & Recovery Act) sites operating in the US. The country has been very successful in reducing the amount of waste materials in the US, resulting in some sites being closed. The parent company, American Ecology operates other disposal sites in the country. DEQ and the Oregon counterpart, agreed to keep the rates equal.

He showed a slide of the Grand View site and explained that a waste site is specially prepared to permanently contain the materials deposited in the landfill. There are a number of wells around the perimeter to monitor for any possible leakage.

In 2003, the state received two million dollars in fees. (At the highest level, the fees were four million dollars a year and this money funded the DEQ budget.) As the amount of wastes was reduced, the fee structure was changed and the money now goes into General Fund.

Stephen Romano, President of American Ecology, the parent company of US Ecology, continued with the presentation. Of the" tipping" fees (fees per ton) from the site, $100,300 went to the Owyhee County, and $1,905,700 went to the State. Owyhee County used their "tipping" fees in the area of emergency services and to clean up pesticide at the Homedale Airport, which is now again open for general use. US Ecology contracts with the DEQ to manage abandoned waste at cost.

US Ecology sets up a trust into which they donate money each year. A local committee decides how the money will be spent each year.

He continued with pictures of their disposal waste treatment building, which treats most waste before it goes into the ground. There is no liquid waste put in the ground. Other substances are stabilized in cement, or some other way. They operate a railroad transfer station at Simco. They take the air pollution control dust from steel mills and make it non hazardous with their patented system.

They have invested 4.5 million in a new disposal cell at the site. It is a double lined, leachable collection system. Each system has its own drainage system. Clay is used to double the protection. Natural high quality clay deposits occurring near by was one reason this site was selected.

Roy Eiguren continued with the presentation. Oregon delayed their implementation of their rate change so that the Idaho Legislature could match the change. He produced a letter showing that Oregon agrees the fees are now the same with this bill. (See Attachment 2) He said there is no opposition from the Representatives of the Owyhee County District.

In answer to questions, Mr. Eiguren said that the large clean-up price of $2 fee per ton would be a rare occurrence. They are too far from a lot of clean up sites in Oregon and Washington to compete because of transportation costs.

In answer to further questions, Mr. Romano said that US Ecology's competitiveness with other waste sites depends upon the type of waste and the facilities. They are not competitive with California wastes. Utah has an incinerator, so they take burnable materials as well as some treated waste from the Idaho site.

US Ecology is equipped to take PCB waste, and has taken some from as far away as New Jersey. Not a lot of places take PCB waste. Electrical transformers are drained and flushed. The PCB liquid is incinerated in either Utah or Texas. The drained, flushed carcass is deposited in their landfill and buried. The eastern part of the United States has shallow ground water and lots of rain, so they are unable to take certain types of waste.

MOTION Rep. Campbell moved to send HB 611 to the floor with a do pass.
Brian Munson, program manager for DEQ said they worked closely with US Ecology and support this bill

Dick Rush, representing 300 companies in Idaho with IACI (Idaho Association of Commerce and Industry) spoke in favor of this bill.

Jeremy Maxand spoke about his concerns with the Representatives voting for this bill. He said he wasn't necessarily against the bill.
ACTION By a voice vote HB 611 was sent to the floor with a do pass. Rep. Harwood will carry the bill.
ADJOURN: The meeting was adjourned at 3:34.

DATE: February 12, 2004
TIME: Chairman Raybould called the meeting to order at 1:34
PLACE: Room 406
MEMBERS: Chairman Raybould, Vice Chairman Harwood, Representatives Barraclough, Meyer, Edmunson, Snodgrass, Smith(30), Sayler


Representatives Ellsworth, Campbell
GUESTS: See attached sheet
MINUTES Rep. Meyer moved to accept the minutes of February 10 as written. By voice vote the motion passed.
RS 13801 Will be heard Monday.
RS 13980 Rep. Smith presented RS18980. This bill amends section 49-2202, Idaho code to increase the fees applicable to the transportation of hazardous waste in the state of Idaho. With Reps. Meyer and Barraclough, she serves on two national conferences of legislators on nuclear waste committees. In this capacity she has traveled around the US visiting various nuclear facilities. At a high level waste committee meeting in Washington, D. C., she discovered that Idaho has the lowest fees of surrounding states. This bill increases the fees to match those of Oregon.

The bill increases the fees from $20 to $70 for a single trip permit, and increases the fees from $250 to $500 for an annual permit for the transportation of hazardous wastes.

The monies from these fees will be used for HAZMAT training for Idaho State Police Officers. It is called the Hazardous Material/Hazardous Waste Transportation Enforcement Fund.

Rep. Meyer presented a few statistics. Last year 180 annual permits were sold, and they generated $41,400. Single trip permits were sold through vendors and also purchased at the port of entries. The change in fee structure will bring an estimated $92,200 more into this fund.

MOTION: Rep. Sayler moved to introduce RS 13980. By voice vote the motion passed.
ADJOURN: The meeting was adjourned at 1:43

DATE: February 16, 2004
TIME: The meeting was called to order at 3:50 by Chairman Raybould
PLACE: Room 406
MEMBERS: Chairman Raybould, Vice Chairman Harwood, Representatives Barraclough, Meyer, Ellsworth, Campbell, Edmunson, Snodgrass, Smith(30), Sayler
GUESTS: See Attached Sheet
Chairman Raybould opened the meeting and introduced our new page, Arielle Gorin.
MINUTES Rep. Harwood moved that the minutes by approved. By voice vote the motion passed.
RS13801C1 Rep. Langhorst presented RS13801C1 There is a well-documented problem with air quality in Treasure Valley. Schools keep children off the playground on certain days because of the air quality. He attended a presentation last fall on air quality in the Treasure Valley. Ozone and carbon monoxide are both problems. There is a fear that the air quality in the Treasure Valley will get so bad the Federal Government will step in with the EPA (Environmental Protection Administration) and take over its regulation in the Valley.

When the Ada County Air Quality Control Board did a random check on vehicles, they found 8% of the cars in violation. Those 8% of the cars were responsible for 44% of the emissions. As the population and the number of vehicles increases in the next few years, the air quality could become so bad the Federal government might step in. This bill is an effort to take care of this ourselves. This proposed bill allows most of the details of control to be handled locally. If the Federal government comes in, local control is lost.

This bill would only require testing every 2 years, and a vehicle wouldnt have to be tested the first 3 years. If it will cost over $125 to bring a vehicle into compliance, the owner can claim economic hardship, and get a variance. There are also other exclusions.

He commented that Ada County has to treat its sewage before it is released in the Boise River to flow through Canyon County, and it is only fair that Canyon County treats its air before it moves this way.

In response to questions, Rep. Langhorst said that ozone exceeds the limit in the hottest days in the middle of summer. For PM 2.5, we exceed the limit in December when we get the inversions.

Rep. Langhorst further explained that this bill only applies to counties with a population greater than 125,000. At present time, only Ada and Canyon Counties would be affected by this bill, It is possible that in ten years Kootenai Countys population could reach that level

As to the costs, Rep. Langhorst said that it is left to the County to decide. There would be local input as to the kinds of emission tests. As to costs, currently Ada County charges $15. It might go higher.

Rep. Sayler moved to send RS 13801C1 to print.

At Chairmans request, Steve Alired, Director of DEQ (Department of Environmental Quality) stood and stated that they are concerned with the air quality in the Treasure Valley. He thought it was a progressive bill that allows the maximum amount of local control. He urged the Committee to support it.

ACTION: By voice vote the motion passed.
ADJOURN: The meeting was adjourned at 4:10

DATE: February 18, 2004
TIME: Chairman Raybould called the meeting to order at 1:34
PLACE: Room 406
MEMBERS: Chairman Raybould, Vice Chairman Harwood, Representatives Barraclough, Meyer, Ellsworth, Snodgrass, Smith(30), Sayler


Representatives, Campbell and Edmunson
GUESTS: See Attached Sheet
MINUTES Rep. Meyer moved to approve the minutes of February 16. By voice vote the motion passed.
HB 676 Rep. Smith(30) presented HB 676. This bill amends Idaho code to increase the fees applicable to the transportation of hazardous waste. This bill increases the fees from $20 to $70 for a single trip permit, and increases the fees from $250 to $500 for an annual permit for the transportation of hazardous wastes. The Hazardous Material/Hazardous Waste Transportation Enforcement Fund for the Idaho State Police will receive these additional funds. The total revenue increase estimate is $92,200.

Rep. Smith said states cannot ban spent nuclear fuel from traveling on their highways, but they can regulate safety by requiring a permit and charging a fee. She referred to a chart showing the fees required by surrounding states. Some around us charge more, but this bill sets our fees to match those of Oregon State. When Yucca Mountain opens, projected to open 2010, materials will be transported there.

The purpose of this bill was to charge fees for materials coming into INEEL, or leaving INEEL and going to New Mexico, or Yucca Mountain in the future. All materials are shipped by private carriers, not the Department of Energy. There was some misunderstanding, so an amendment is being prepared.

Rep. Meyer, spoke about the amendment. It was discovered that this increase in fees might also apply to materials sent for disposal to US Ecology in Owyhee County. This was never the intention of this bill. An amendment was presented to clarify that only shipments to and from INEEL, or material moved through Idaho, such as from Hanford is affected by this change.
Captain Lamont Johnson, Manager of the Commercial Vehicle Safety Section for the Idaho State Police (ISP), spoke. He has five hazardous materials specialists who work in his section. The Idaho Transportation Department gets a small fee for transportation permits, but the bulk of the money goes to the ISP. It pays for the salaries of two of his hazardous materials specialists and the operating expense for all five. They usually run out of money eight or ten months into the year. These five officers provide training for the ISP, as well as other agencies, and do investigations.
Lieutenant Bill Reese, who used to work with Hazardous Waste, spoke. A big part of the money is spent on training. They train fire departments, EMTs, and industry, as well as law enforcement. The training is free and is done upon request. The people in this section also serve on local emergency planning committees.

In response to questions about their involvement with spills and containment, Lieutenant Reese mentioned a recent accident near Mountain Home involving a vehicle carrying nuclear materials. However, the drum was not compromised. The local law enforcement was closing the freeway when a specialist showed up and tested the area. He was able to verify that there was no danger and it was safe to open the freeway.

Roy Eiguren, representing US Ecology of Idaho, spoke. He drafted the amendment. He said Reps. Smith and Meyer never intended US Ecology to be charged, and this amendment ensures this.
MOTION Rep. Harwood moved to send HB 676 to general orders with amendments attached. By voice vote the motion passed.
HCR 40 Rep. Trail presented HCR 40. He said local governments are struggling with the disposal of toxic products from computers and cell phones, among other sources. The Department of Environmental Quality (DEQ), education, and others feel this resolution will help in their efforts to encourage recycling. He worked with Mr. Ehlert of DEQ, the Idaho State Department of Education, and the Idaho Association of Recyclers. Both public and charter schools are involved.
Dean Ehlert, Solid Waste Program Coordinator for DEQ, spoke. He gave numbers for various counties around the state. Kootenai County had to deal with 20,000 gallons of hazardous wastes and 18,000 gallons of used motor oil last year. Ada county had one million pounds of hazardous wastes. In a one day event, Canyon County took in 55,000 pounds. The EPA (Environmental Protection Agency) estimates that 3.2 tons of the waste in landfills is computers.

The DEQ has various programs it takes to classrooms. One demonstration shows an inversion. They also do water awareness demonstrations. An intern from DEQ visited local schools and helped them take care of the waste from their labs. Some schools have significant amount of chemicals, some old and unstable, sitting on their shelves. They help schools get rid of the chemicals they no longer use and also assist in finding less toxic chemicals for use in experiments.

In questioning, Mr. Ehlert said Ada county has a contractor who collects electronic waste and sends it to Utah for recycling.

Senator Marley, co sponsor of the bill spoke. He said this problem isn't going to go away. The problem will continue to get worse, and we need to find solutions. With the advent of digital TV, hundreds of thousands of old TVs and computers will be headed for the landfill. More legislation may come next year.
Rick Allen, of Idaho Power, spoke in support of HCR 40. He has attended national conferences on this issue. We need to prepare for the future.
Rachel Winer, Outreach Coordinator for the Idaho Conservation League spoke "enthusiastically" in support of the resolution. She said most people do not realize the dangers in computers and other electronic equipment or know how to properly dispose of them. She said picture tubes can contain 4 pounds of lead, plus many other chemicals. She said these chemicals may eventually get into the water if they are put in a land fill. She said the "E-waste" stream is turning into an "E-waste river", which may turn into an "E-Waste tidal wave". She closed with the reminder education takes time, so we need to start now.

In response to a representative's comment that these chemicals that seem to be so dangerous come from the ground and we are returning them to the ground, she said processing may make them more dangerous.

Barbara Eisenbarth, Health Education co-ordinator for the Department of Education spoke in support of the bill. She said public schools participate in recycling and controlling pollutants. Health curricula also include environmental health issues K-12. Teachers are participating in workshops from DEQ and other groups.
Mark Miller, Environmental Health and Safety Specialist at the local Hewlett Packard (HP) plant, spoke in favor of the bill. HP is a part of the committee that supports this legislation. HP feels that recycling is a shared responsibility among us all. He said this resolution is OK, but in the future, they would like those consumables for which HP has a program for their return, be removed from the list. This would include such things as ink cartridges and toner cartridges.
Jerry Deckard, representing Waste Management Company, spoke in support of the bill. His company is from the private sector and is involved in a task force looking at E-waste. He said if enough people recycle, the amount will be enough to make recycling computers, etc., economically feasible.
MOTION Rep. Snodgrass moved that we send HCR 40 to the floor with a do pass. By voice vote the motion passed.
Steve Allred, Director of DEQ, started the briefing of two bills coming from the Senate: S 1278 which changes the way administrative costs are funded for the loan fund, and S 1279, which transfers the responsibility for licensing of drinking water operators and waste water operators.

He said the loan fund is complicated and involves a lot of money. This money is used for loans to cities, towns, and other small groups to improve water quality or to treat sewage. For the past 20 years, money has come from the federal government and the state has matched that money. Federal grants are decreasing, and funding for the administrative costs will need to be provided for in a different manner.

Bill Jerrel, the Loan Program Manager at DEQ, also spoke. There are two separate loan funds. S 1278 addresses the administrative costs of both funds. This bill attempts to make these funds self-sufficient and self-supporting. The bill allows DEQ to use 1% of the loans outstanding for funding administrative cost. The Legislature would have to approve this funding annually. The funds would be taken from the interest revenue. (Federal regulations allow 4% of the Capitalization grant to be set aside for administrative costs. That amounts to approximately $600,000 a year between the two funds.) This administration money funds 4 ½ full time positions. This funding is spread between the state office and the field offices. There aren't specific people assigned, but time is coded for this by people throughout the department. Last year there were $450,000 in total administrative costs. With the projected smaller grants, they will be $100,00 short for the FY 2006 budget year.

In response to questions, Mr. Jerrel showed a long list of cities, towns and associations that have received help. More have used funds for waste water treatment than for drinking water. Fifteen connections, or 40 users, is the cut-off for qualifying for a loan for a water system.

Toni Hardesty, of DEQ spoke on S 1279. The Idaho board issuing certificates for waste water engineers and drinking water engineers closed its office and stopped issuing certificates. DEQ then had to start issuing these certificates. The Bureau of Occupational Licenses is well equipped, and is willing to handle these licenses. Ms. Hardesty said the Bureau will speak to its willingness to handle this when the Senate bill comes before the Committee.

ADJOURN: The meeting was adjourned at 2:42

DATE: February 24, 2004
TIME: Chairman Raybould called the meeting to order at 3:07
PLACE: in Gold Room
MEMBERS: Chairman Raybould, Vice Chairman Harwood, Representatives Barraclough, Meyer, Ellsworth, Campbell, Edmunson, Snodgrass, Smith(30), Sayler
GUESTS: See attached sheets
MINUTES Rep. Smith moved to approve the minutes of Feb 18 with the correction that Bill Reese is a Lt., not a Captain of the ID State Police.
HB 714: Rep. Langhorst presented HB 714. He said we have laws to govern air quality. When the level of pollution exceeds certainly limits, the EPA (Environmental Protection Agency) will step in and take over. Many states choose to be pro-active and take steps before the federal government intervenes. He said we have a pollution problem in Ada County and the Treasure Valley. He said air quality isn't confined to a county or political boundary. When air quality issues overlap jurisdictions, something needs to be done.
Mike McGown, of the DEQ (Department of Environmental Quality), spoke. He presented a power point presentation, (See Attachment 1). He said the Treasure Valley is one airshed. He also said that vehicle testing has proved to be an effective tool, both nationally and locally, to reduce pollution. It is a key component of a multi-pronged solution. He said the Department's goals are to protect public health, avoid nonattainment, retain state and local control, sustain strong economic growth, and save money.

In the past, large particulate matter, PM10, and carbon monoxide were the problem. With the wood stove ordinance, open burning controls, industrial permits, road dust agreements, and vehicle inspections and maintenance, PM10 had been reduced in Boise, but it has started up again. If an airshed goes into nonattainment, it takes a long time to get out.

Now the problems are PM2.5 and carbon monoxide. He presented charts showing nonattainment in carbon monoxide in recent years. They showed a general drop in nonattainment until the year 2000, a slight increase in 2001 and a jump up in 2002.

Mr. McGown said DEQ is particularly concerned about PM2.5, which is inhaled deep into the lungs. Also of concern is ozone, which is very reactive. We are having more moderate and unhealthful days in the Treasure Valley. There is concern that with the increase in population and traffic in the Treasure Valley, we will reach nonattainment in the near future. Ozone, which is created in a reaction with strong sunlight, exceeds the standard on the hottest days in summer. PM2.5 is the highest in winter when the Treasure Valley has a temperature inversion. PM2.5 reacts with nitrogen/sulfur oxides and ammonia from motor vehicles, diesel fuel, and cattle and forms even more pollution. He said that if motor vehicles, household emissions, etc., continue to increase, business and industry will be squeezed out.

Mr. McGown said that vehicles produced 50% of the nitrogen oxides in the Treasure Valley in 1999, and 20% of the volatile organic chemicals.

As to the consequences of air pollution on public health, he said it especially impacts children, the elderly, those with pre-existing health problems, and those who spend time outdoors. It can cause irritation to the lungs, eyes, and other membranes, asthma, reduced disease resistance, premature death, cardiovascular disease, and increased cancer risk. The economic consequences of these problems are increased health care costs, missed school and work days, an area less attractive and more costly to new business, reduced tourism, crop and plant damage, and reduced visibility.

If the federal government takes over, they will implement more stringent regulations. This will result in costly air quality improvement plans, loss of state and local control, permanent controls on air pollution emissions, expensive "retro-fit" solutions, stricter industrial permits for new or modified facilities and transportation, general conformity requirements and potential funding loss.

Mr. McGown said that Canyon County vehicle emissions are projected to go down in future years with more efficient cars, but they might not go down enough. He said vehicle testing is needed to reduce carbon monoxide and hydrocarbons, which are important precursors to ozone and PM 2.5. More than vehicle testing will be needed, however, to reduce the rates to appropriate levels. Such measures as the control of wood stoves, open burning, construction dust, maintenance plan permits, and agreement on road sanding, paving, and chemical treatments will be necessary.

Mr. McGown urged the Committee to be proactive and pass H714.

In questioning, he said lawn mower exhaust is the next thing on the Department's list to regulate.

Mr. McGown said that ethanol can help reduce pollution, but has to be blended correctly for the area, and it is complicated to do. He agreed that air quality is improving as older vehicles are being phased out, but said with our increase growth in the valley, the pollution numbers may start to go up.

Dennis Turner, Executive Director of the Air Quality Board in Ada County, spoke in support of the bill. He used 1990 cars as an example. He said in last year's testing, 2.74% of the 1990 vehicles failed the idle test, which explains 46.44% of the carbon monoxide in the Valley. The average car that failed was 89 times dirtier than cars that passed the test. He said that testing is the only thing that keeps cars performing as the manufacturer intended.

In response to questions, Mr. Turner said there are minimal benefits to testing newer cars. He said that even though few cars less than 3 years old fail the test. Ada County chose to test cars over one year old. They hoped to catch cars still under manufacturer's warranty to protect the consumer.

When asked why 1990 vehicles were used in the example, Mr. Turner said they were older, and thus a good sample.

Pete Chertudi, Senior Vice-President of Operations at Amalgamated Sugar Company in Nampa, spoke in support of the bill. (See Attachment 3) He said that industry produces a small percentage of the emissions, less than 3% of overall emissions. He said his company is committed to spending 12 million dollars to reduce emissions in order to maintain future air quality in the Treasure Valley. He said 1200 farmers own Amalgamated Sugar, and they have to pay this 12 million dollars. When finished, their company's emissions will be reduced by 600 tons per year. If the problem is ignored, and the maximum allowable emission level is reached, industry in the Treasure Valley will suffer.

In response to questions, Mr. Chertudi said that if new regulations go into fact the Nampa factory would cease to exist.

Robert Vasquez, Canyon County Commissioner of the First District, spoke representing the entire Board. He also presented a packet from Commissioner Bebee including minutes from the Board's December 12, 2003 meeting. (See Attachment 4). In 2002, cities in Canyon County were given the opportunity to intervene in issues pertaining to vehicle emissions. The cities decided not to take action, so the Board of County Commissioners repealed the code. This bill is aimed directly at Canyon County. We all want a good quality of life in Idaho. This is not the method to achieve that result. Mr. Vasquez said that Ada County should rescind its testing. This is a local matter. This an attempt to regulate the business of a single county and will not pass a constitutional challenge.

When asked what methods he would suggest using to reduce pollution, Mr. Vasquez said that Canyon County has cars that burn ethanol and has instituted a burning ban, rather than "drop the heavy hand of government on its citizens." He said the bill is an unfunded mandate for Canyon County. This bill exempts semi-trucks and farm equipment. Also, there are waivers. These all undermine the bill. He said he would let others talk about the technical aspects of this bill.

Catherine Chertudi, an Environmental Programs Manager for the City of Boise, Public Works Department, submitted written testimony. She said the Treasure Valley airshed extends from west of Ontario, Oregon to the Ada County/Elmore Country boundaries. She said the pollutants from cars and trucks are a concern for today and for the future. She said poor air quality affects our health and also our economic vitality. She asked that H 714 be passed.
Charles Johnson, from Nampa, spoke against the bill. He presented a packet with a great deal of information. (See Attachment 5). He said those opposing this bill have had "quite a bit of experience confronting the efforts of the two major supporters of this bill. Compass, who has no oversite by any one, and DEQ now required to go by Peer Review Science. Having retreated in defeat from Canyon County, they now seek a State Mandate this bill will give them." He said the citizens of Canyon County were never allowed to vote on this issue.

He said, "In 2002, Ada County had been subjected to emissions testing for 18 years. Ada had gone 16 years, from 1986 to 2002" with "no violations on carbon monoxide," and "one exceedence in January 1991." This was a "great record, but not good enough for DEQ/Compass."

Mr. Johnson said for 11 months, Compass/DEQ told Canyon County residents that they had a serious carbon monoxide problem, but now they say there isn't a problem.

He showed what he said were examples of "bad science" by the DEQ . He said DEQ chose to use very selective years­just one or two for its examples, rather than a report on all years. He said its predictions in 1995 of the pollution situation in 2000 were not correct when 2000 numbers actually came in. He pointed out that vehicle emissions have decreased, even though COMPASS predicts a 71% increase in miles traveled due to new cars.

He objected to the fact that even when an area passes federal standards, DEQ still maintains control for years to come.

Since almost no one year old vehicles fail inspection, Ada County residents pay $166,344 for "no gain."

He presented a document: "Northern Ada County Carbon Monoxide Maintenance Plan and Redesignation Request". "This Carbon Monoxide Limited Maintenance Plan was prepared to meet U.S. Environmental Protection Agency (EPA) requirements to support redesignation of the Northern Ada County not-classified carbon monoxide Nonattainment Area to Attainment status." It says of Canyon County "Its contributions to carbon monoxide levels in the Northern Ada County Nonattainment Area are considered negligible due to the distance involved and the ready dispersion of carbon monoxide."

The same report stated, "Records show that approximately 10% of Ada County vehicle miles traveled are by out-of-county vehicles."

Enclosed in the package was a guest opinion he had written, entitled "Compass uses deception." Among other things, he pointed out that in a temperature inversion, the air doesn't move, so Canyon County's air is not mixed with Ada County's air. He also said a burning ban would take care of most of the inversion problem.

In closing, Mr. Johnson said the problem is with COMPASS and DEQ, not the air quality.

Greg Corrie, a resident of Meridian in Ada County, spoke in support of the bill. He moved here in 1992 and is a financial planner. He has a chronic respiratory problem, an airway disease from a virus, and takes $300 worth of medicine a month. His breathing difficulties have increased these last few years. He was up at Bogus Basin with his son who commented about the "black stuff" they could see­the pollution in the air. He could breathe much more easily up there. He said that, as a former law enforcement person, he believed that "visible emissions" from vehicles can, and should be ticketed.
Justin Hayes, Program Director for the Idaho Conservation League, spoke in support of the bill. He said there were members of the League there who had to leave, so were not able to stay and testify. He said no single county or city has the single responsibility or ability to control the air quality. Cars are a serious part of this problem. He asked for passage of this bill now.
William Allen Freeman, from Nampa, spoke against the bill. He said he was a happy retiree. At the meetings concerning the emissions, he saw charts, talked to people from the DEQ, and heard all their threats that "The sky is going to fall." He started to do research, and presented it at the next meeting. Clean cars from 1996 and later were failing at a rate less than 1%. He said the charts from DEQ are misleading. He said inaccurate information was presented in the materials from DEQ he provided. (See attachment.) He referred again to some of the inconsistencies in what DEQ says.

Mr. Freeman showed charts. In January, we had 25 Good Air Quality days and only 6 of Moderate Quality. One of those days was a Sunday, when there was light traffic. The PM2.5 was estimated to be 90. The next day, Monday, the PM2.5 was estimated to be 58 as were the next two days. The DEQ air quality forecasting does not seem to be accurate.

He said that emissions readings are going down in Canyon County and therefore, we don't need this bill.

Holly Lenz, Ph.D. Master of Public Health and emergency room visits at one local hospital and found that they increased during times of high pollution. She said that PM2.5 particles are so fine that they can get into the blood stream, which can add to the development of coronary artery disease.

In response to questions, she said that diabetics have circulatory problems in their extremities. When particulates get into the blood stream, this further compromises their blood circulation. (See Attachment 7)

Judy Steciak, PhD, PE, Associate Professor of Mechanical Engineering Center for Clean Vehicle Technology National Institute of Advanced Transportation Technology at U of I at Boise, spoke in support of the bill. She said pollutants are formed by incomplete combustion and heat. She said even the most modern cars from Detroit produce pollutants. Among the causes of pollution are diesel fuel, poor fuel injection or bad timing. She said most problems can be fixed at reasonable expense. Owners who get their cars fixed will find they get better mileage, better engine response, and improved safety for the occupants of the vehicle.
Russ Hendricks, of the Idaho Farm Bureau Federation, spoke in opposition to H 714. (See Attachment 9) He said members support the goal of cleaning the air, but feel this bill is the most burdensome and least effective way to do it. He said it would be a de facto tax on residents. He said that 95% of those who spend money for an inspection would have no actual benefit. He said emissions tests measure what is coming out of the tail pipe, they don't clean the air. As the bill is written, there is no idea as to what the fee will be. He said this bill would exempt the grossest polluters under the economic hardship clause.

Mr. Hendricks said if the goal is clean air, the Farm Bureau suggests a 10% blend of ethanol in vehicle fuel. Minnesota has done this and, as a result, has come off nonattainment status and repealed its emissions testing. Ethanol reduces the chemicals that must be added to increase the octane. Ethanol reduces pollutants immediately. In closing, he said ethanol "will clean our air without cleaning out our wallets."

Brad Dixon, of the American Heart Association, spoke in support of the bill. He said his group tries to raise awareness of heart disease, and sponsors and supports legislation that helps accomplish this goal.
Walter Ronk, an AEC certified Auto technician and emissions tester, spoke in support of H 714. He owns an auto testing and repair business. In accordance with the manufacturer's advertisement, some vehicles have gone 100,000 miles without a tune up. However, most spark plugs fail before that. After two or three years, spark plug wires get hard and brittle and the insulation breaks down. Engines can be damaged. Lack of maintenance can cause accidents and injure people. He said the waiver adequately covers hardship cases. He said every testing van provides 2 ½ full-time jobs. He said emissions testing requires skilled labor, and he likes the idea of a testing program. He said ethanol has a downside. With our extremes in weather temperatures, water is formed in the fuel tanks. Alcohol absorbs water and can result in water oxidizing in the fuel injectors and causing problems. He said he tells his customers not to buy ethanol.
Paul Dawson, Professor of Mechanical Engineering at Boise State, said he heads a group that is starting a study to look at the airport emissions. There are no results at this time to report.
Trent L. Clark, Director of Public and Government Affairs for Monsanto in Soda Spring, spoke. He said his national company knows well the problems that can arise when and area reaches nonattainment.

He said that there are "several options available to achieve reduced automobile emissions that are more market-oriented than government-mandated emissions testing. These options include: Transportation flow improvement...Remote sensor technology....High emission vehicle retirement (HEVR)....and alternative fuel programs."

In response to questions, Mr. Clark said Monsanto spent a lot of money to avoid nonattainment in Soda Springs. He asked that his hand-out be entered into the record. (See Attachment 10) Mr. Clark said remote sensing technology allows the catching of the 12% responsible for 80% of the pollutants, while not penalizing those who are legal with annual fees.

Chairman Raybould made closing comments. He said questions have been raised as to the need for this law. It has been suggested that we should look at specific airsheds, rather than looking at specific political subdivisions. Because of the complexity of the situation, he was appointing a subcommittee to study this bill.
SUB-COMMITTEE MEMBERS Vice Chairman Harwood from Northern Idaho will chair the committee. Serving on the Committee will be Rep. Barraclough from Idaho Falls, Rep. Campbell from North Idaho, Rep. Snodgrass from Ada County, and Rep. Smith (30) from Pocatello.

DATE: February 26, 2004
TIME: 2:03
PLACE: Room 406
MEMBERS: Chairman Raybould, Vice Chairman Harwood, Representatives Barraclough, Ellsworth, Campbell, Edmunson, Snodgrass, Smith(30), Sayler


Rep. Meyer
GUESTS: Toni Hardesty from DEQ (Department of Environmental Quality.)
S 1278: Since we had already heard about S 1278 in a previous Committee meeting, it was felt further information and discussion was not needed. This bill provides funding for Waste Water and Drinking Water Loan Programs.
MOTION: Rep. Campbell moved to send S 1278 to the floor with a do pass. By voice vote, the motion passed.
Chairman Raybould said there will be a meeting for discussion on Tuesday to give direction to the subcommittee.
ADJOURN: The meeting was adjourned at 2:10

DATE: March 2, 2004
TIME: 1:42
PLACE: Room 406
MEMBERS: Chairman Raybould, Vice Chairman Harwood, Representatives Barraclough, Meyer, Ellsworth, Campbell, Edmunson, Snodgrass, Smith(30), Sayler
GUESTS: (See Attached Sheet)
MINUTES Rep. Sayler moved to approve the minutes of February 24. By voice vote, the motion passed.
MINUTES Rep. Snodgrass moved to approve the minutes of February 26. By voice vote, the motion passed.
S 1279 Toni Hardesty of the Department of Environmental Quality (DEQ) presented S 1279. She mentioned that the Committee had already heard a presentation on this bill, which transfers the licensing of drinking water managers and waste water managers to the Bureau of Occupational Licensing. She said this move makes sense and should save money.
Rep. Meyer expressed some concern about Page 3, Line 28 referring to "or other system." He wanted to know if it applied to dairy lagoons. Ms. Hardesty said this was in code now, and it had never been used to apply to dairy lagoons.
Don Munkers, CEO of World Water Association, spoke in favor of the bill. He said he thinks this is a great idea.
Rayola Jacobsen, Bureau Chief of the Bureau of Occupational Licenses, spoke, She said she was happy to assist with this licensing issue.
MOTION Rep. Meyer moved to send S 1279 to the floor with a do pass. By voice vote, the motion passed. Rep. Edmunson will carry the bill.
H 714 To start the discussion, Chairman Raybould asked Rep. Snodgrass if he had any comments.

Rep. Snodgrass said the opinion has been expressed July 1, 2004, is too soon for any county or city to take action. He suggested a date of July 1, 2005 as a better choice. He said it is too bad, but it seems necessary to test every automobile to find the offending 8% of the vehicles that fail the test and produce 40% of the pollution. He said this is an airshed quality problem for the whole Treasure Valley.

In response to questions, Rep. Snodgrass said he had talked again with Mr. Trent Clark about the remote sensor technology. He had learned that the stations used to cost $175,000 per unit. However, the company manufacturing these testing units has been sold, and cost per unit has risen to between $350,000 and $400,000. Rep. Snodgrass said there is a leasing program of $150,00 to $175,00 per year. In response to questions, he said these are portable units.

Rep. Meyer mentioned that Kootenai County had a problem with air quality, but not during the field burning season. A Kootenai County Air Quality Committee was formed to work on this problem. It took action proactively to avoid a declaration of nonattainment. To fund this effort, money was collected from businesses, cities, counties and grass growers, among others. The Kootenai Air Quality Committee produces education projects, and has also placed a real emphasis on cleaning up sanding material that has been put on the road in the spring. Reducing the road sand has made quite an improvement in the air quality in Kootenai County. Rep. Meyer said recently he noticed dust on the road from the buses in downtown Boise.
Rep. Campbell commented that Spokane, Washington has emissions testing. He said that at times Spokane's air is clean, but the pollution from Spokane backs up in Sandpoint, Idaho, due to various winds. He said the inversion occurs from November to early January, and during this time, the area has its highest rate of bronchial attacks and pneumonia for the year.
Rep. Smith said that Pocatello once had some pollution problems, but paving the city's alleys has helped tremendously.
In response to questions, Rep. Snodgrass said that mass transit would help. He agreed that 80% of freeway cars have a single occupant. COMPASS and other groups are working on transportation issues. He again said the problem is not going to go away and we can get "the biggest bang for our buck" with automobile testing. He said that business and industry are doing what they can, but others are not willing to do their part. He said that Amalgamated Sugar in Nampa is spending 12 million dollars, which averages $10,000 per owner-farmer. Private individuals should be willing to do their part to help with the pollution problem.
Chairman Raybould said that he had five questions for the subcommittee to answer, and asked that the members suggest any other questions they want to include. They are the following:

1. Is there a need for a statewide law? Is this a statewide problem?

2. As far as the regulations covering airsheds, is there a better approach than political subdivisions?

3. Does the advent of newer, cleaner vehicles, make a vehicle inspection law unnecessary?

4. Is the evolution of newer vehicles enough to lower the pollution numbers, or will the increase in growth and number of vehicles make pollution a problem in spite of the cleaner vehicles?

5. Is this legislation constitutional? (He believes it is, but feels there is a need to check with the Attorney General.)

Warren Bowen, retired Ada County Air Quality Board member, responded to questions. He said there were three areas in the state that had problems with nonattainment. Pocatello is working on getting off non attainment. Sandpoint has a problem, and so does Pinehurst.
Rep. Meyer commented that Kootenai County has never reached nonattainment.
Requests were made to see the actual data used to make the pie charts shown in the DEQ's presentation. A request was also made to view the computer program that Mike McGown of DEQ (Department of Environmental Quality) has produced on air pollution.
Rep. Snodgrass said that the Mayor of Meridian feels her town is caught in the middle as its outskirts approach the borders of Canyon County. Canyon County has had two years to address this issue in some way, shape or form, but nothing has happened.
Rep. Harwood commented that the problem in Pinehurst is with residential wood smoke.
Rep. Barraclough requested information for other vehicles tested last year, in addition to the 1990 model vehicles.
Chairman Raybould said that verification of the accuracy of the numbers given to the Committee is needed.

DATE: March 10, 2004
TIME: 3:18
PLACE: Room 406
MEMBERS: Chairman Harwood, Representatives Barraclough, Snodgrass, Smith(30),


Representative Campbell
GUESTS: See attached sheet
HB 714 Michael Toole, of the DEQ (Department of Environmental Quality) Boise Regional Office, presented a computer animation showing the hourly pollution details of PM10 along the I-84 Corridor for a four-day period, December 20 through 24, 1999. It demonstrated how the pollution shifted in the Treasure Valley during that time. The worst pollution occurred at 10 p.m. on December 24.

In response to questions, Mr. Toole agreed that the animation showed the pollution moving generally west. He said the direction of movement depends upon the winds. He did not have any information as to the directions of the wind during the four-day period detailed in the presentation. Also, he did not have any information on what the PM2.5 level was on those days. He said the relationship between the two PM numbers was not linear.

In response to questions about whether December 24 was a normal time pollution-wise, with last minute shopping, etc., he said it was. He said pollution was at its worst at 10 p.m. because, as the air cools, it compresses, forcing the pollution down.

Mr. Toole was asked for further information that he did not have, but promised to get to the Committee

Todd Lakey, Chairman of the Canyon County Board of Commissioners and also a member of the Idaho Association of Counties, spoke against the bill. He said both groups oppose this bill because of the issue of local control. He said the language of this bill practically mandates that Canyon County legislate emissions testing. This violates the State constitution, and is an unfunded mandate on the citizens of Canyon County. He said that an expanding body of scientific data is showing that automobile testing is "past its prime" as a tool to reduce pollution. He is in favor of voluntary repair of vehicles. In an effort to reduce pollution, Canyon County is using ethanol, and the city of Nampa is using bio diesel. In this bill, emissions testing would be imposed by the Director of DEQ. Mr. Lakey that this vests too much authority in one appointed official, as the Director's decision would affect every citizen in Canyon County. He said any program needs to be based on science, not population. He said that Canyon County has not exceeded any standard that would mandate emissions testing. Requiring Canyon County to participate is bad public policy.

In response to questions, Mr. Lakey said he did not have some information members requested, such as the number of vehicles in his county, but promised to get it. He said that in order to reduce pollution, burning ordinances that include wood stoves have been enacted. Alternative fuels have been encouraged, and the public has been educated as to the advantages of keeping their vehicles in good repair.

In response to further questions, Mr. Lakey agreed that Canyon County does contribute to Treasure Valley air pollution to some degree. The ethanol fuel used in Canyon County is E10. He said that PM10, shown in the DEQ presentation, is becoming less of a problem. He said he thought one-third of the pollution is caused by automobiles, but that this is difficult to measure. He said it is easier to quantify PM10 and carbon monoxide levels than NOX and VOC.

In closing, Mr. Lakey said it is not appropriate for the State to enact legislation that impacts just one county. If testing is required state-wide with a scientific basis, he would not oppose it. He promised information on Ada County testing showing the number of cars that fail.

Chairman Harwood read a letter from the Ada County Commissioners. In part it read:

... The Ada County Commissioners have for years held a position that all counties should do everything they can to protect the air quality of their counties. We have required auto emission testing for many years as a way to bring our county back into compliance. We understand that the many vehicles traveling from Canyon County to Ada County every day do impact the entire air shed of Treasure Valley.

The Ada County Commissioners also support the concept of local control and therefore do not support state mandated legislation for issues than can be resolved locally. We hope your subcommittee will reject HB 714 as it is written and pursue a different path to encourage counties to resolve their air quality problems.

(Signed Judy M. Peavey-Derr, Chairman; Rick Yzaguirre, Commissioner, and Fred Tilman, Commissioner.)

Russ Hendricks, of the Idaho Farm Bureau, spoke. His group has been working with several other agricultural organizations, businesses, industries, and citizen groups in addressing the perceived air quality problem. He said they preferred "the carrot or incentive approach." They believe ethanol blended fuels could adequately address the air quality issues throughout the Treasure Valley. He said he had copies of studies he would be willing to share with the Committee. He said a coalition is developing to work on resolving these issues over the interim, and his organization would cooperate in this endeavor.

When asked about Idaho's capacity to produce ethanol, he said that currently, only a facility in Caldwell produces a small quantity. A permit and final approval has been received to build a plant in Malheur County, Oregon, that can produce 15 million gallons of ethanol a year. A study was done about a year ago by the Energy Division of the Department of Water Resources on the feasibility of ethanol plants in Idaho. The study concluded that Idaho has adequate grain stocks to produce 100 million gallons per year. State-wide, Idahoans burn approximately 600 million gallons a year. With a 10% blend of Ethanol, we would only need 60 million gallons. He said it would take time to "ramp up" the infrastructure.

In response to questions, Mr. Hendrichs said that reformulated gasoline is used in the Midwest and East Coast. He agreed that the petroleum industries added MTBE and some states legislated it. It was then discovered that MTBE causes a worse problem--ground water pollution. Blended ethanol does not have those environmental concerns.

Roy Eiguren, representing ValleyRide regional public authority (which operates buses in Ada County and Canyon County), spoke.

Mr. Eiguren said he also represents Amalgamated Sugar. It is committed to working with all interested parties, but has concerns about its economic viability over the longer term if the pollution problem gets worse. Late in last year's session, Amalgamated Sugar asked for a voluntary compliance schedule. The bill passed. The company has a ten year agreement with the DEQ for their three plants in Idaho. In addition to the 12 million Mr. Chertudi mentioned on February 24, the company will be spending an additional 8 million to address other issues.

Mr. Eiguren said that ValleyRide sent a report to many legislators done by the Idaho Association of Counties, Idaho cities, and the Idaho Department of Transportation. SCR 132 establishes an interim committee to; 1) receive and examine the report and funding issues of public transit, 2) look at issues of air quality and public transportation's effect on it.

At their request, Chairman Harwood accepted a report from Al Freeman (Attachment 1) and Charles Johnson (Attachment 2).
Al Freeman, from Nampa, stood and said he had the answers to a number of questions that the Committee had asked the various presenters. Listed below are the questions and answers from Mr. Freeman's subsequent letter:

Q. How much traffic does Ada County get from Canyon County?

A. IDEQ did a study that showed about 30% of the workers in Canyon County drive to Ada County. That amounts to about 5% of the traffic in Ada County

Q. What is the cost of Vehicle Emissions Testing to the citizens of Canyon County?

A. As of 2002, there were about 125,000 registered vehicles in Canyon County. With the testing required every other year, 62,500 would be tested in a year's time. Therefore, the annual cost would be 62,500 times $15, which would equal close to one million dollars per year.

Q. What is the net reduction in emissions with testing?

A. IDEQ data shows 8% of the vehicles would fail, which would be 10,000 cars. Based on known data as to excess VOC and NOX from cars that have failed the test, the annual reduction in VOC is 151 tons and NOX is 161 tons. Using the IDEQ and ENVIRON report's Mobile 6 model, the result would be equal to a 2% reduction in the total VOC and NOX emissions for both Ada and Canyon Counties.

Q. What are the Vehicle Emissions Testing costs and test results for the citizens of Ada County?

A. IDEQ's test results for 2002 showed approximately 92,500 vehicles. Model years 1988-2002 were tested at a cost of $15 each, which totals $1,387,500. Less than 2% or about 1,800 failed. Based on excess VOC and NOX from cars that fail the test, the annual reductions in emissions of VOC was 272 tons. For NOX it was 289 tons. The total of 561 tons is about 5% of the total for Ada County of 10,431 tons.

Q. What are the emissions reductions expected solely due to new cars replacing older cars?

A. The ENVIRON report data shows the vehicle contribution of VOC would drop from 20% in 1995 to 6% in 2020, a 70% reduction, while NOX would drop from 50% to 12.5% a 75% reduction.

Rep. Snodgrass, a co-sponsor of the bill, said Mr. Freeman assumes that implementation of the federal standards will not be delayed. Rep. Snodgrass asked Mr. Freeman what percentage of the 2020 cars will be the newer type of vehicles. Mr. Freeman said he could not find anyone with that information. Jon Sandavol, of DEQ, said he could get that information.
Rep. Langhorst, the other co-sponsor of the bill, closed the discussion with the comment that this bill won't go through the Legislature this year. If this type of testing is not efficacious, although he thinks it is, then we need to find the best solution to propose in a bill next year.
Chairman Harwood closed the meeting with the reminder that the subcommittee will meet next week and make a recommendation to the committee.
ADJOURN: The meeting was adjourned at 4:33.

DATE: March 15, 2004
TIME: 11:40 a.m.
PLACE: Room 406
MEMBERS: Chairman Harwood, Representatives Barraclough, Campbell, Snodgrass, Smith(30),
GUESTS: Representative Langhorst
HB 714 Chairman Harwood called the meeting to order at 11:40.
MOTION Rep. Campbell moved to recommend to the entire committee that 1) H 714 be held in committee, and that 2) the Committee Chairman write a letter, referring this bill to the interim committee on public transportation and air quality for further study.
In a short discussion that followed, Rep. Barraclough commented that when there is local opposition and concern with a bill, as there is in this case, it is best to wait a little longer and get input from all concerned with the issue. He didn't like the idea of the state bullying one county. New cars are reducing emissions, and vehicle emissions may only be part of the problem. He mentioned that he hoped the interim committee would focus on the air quality issue and suggested there might be other things that could be done.

Rep. Snodgrass said that he and Rep. Langhorst are concerned with air quality. This issue won't go away. He appreciates the motion to refer this bill to the interim committee. He said there is need for good information from all the players--consumers, local government, business, and industry.

Several members expressed the hope that the Department of Environmental Quality (DEQ) will have more information available on the current research and percentages the next time this issue is discussed.

ACTION By voice vote, the motion passed.
ADJOURN: The meeting was adjourned at 11:58

DATE: March 18, 2004
TIME: 1:40
PLACE: Room 406
MEMBERS: Chairman Raybould, Vice Chairman Harwood, Representatives Meyer, Ellsworth, Campbell, Edmunson, Smith(30), Sayler


Representative Barraclough and Snodgrass,
GUESTS: Leonard Herr, Robert Wilkosz, Richard Rush
MINUTES Rep. Smith moved to approve the Subcommittee Minutes of March 10. By voice vote, the motion passed.
MINUTES Rep. Smith moved to approve the Subcommittee Minutes of March 15. By voice vote, the motion passed. The comment was made that the bill for the Interim Committee is now SCR 132
MINUTES Rep. Ellsworth moved to approve the minutes of March 2. By voice vote, the motion passed.
H 714: Rep. Harwood gave a brief summary of the Subcommittee's actions. They saw the video from DEQ (Department of Environmental Quality), and heard from commissioners of two different counties opposing the bill. Several people have volunteered to work on the Interim Committee if funded­Mr. Roy Eiguern, Rep. Snodgrass, Rep. Langhorst, & Mr. Russ Hendricks, Mr. Charles Johnson, and Mr. Al Freeman.
MOTION: Rep. Harwood moved to hold H 714 in committee and recommend that the bill be studied by the air quality interim committee, if it is funded. By voice vote, the motion passed.
Mr. Richard Rush, of IACI stood up and congratulated the Committee on a good year. He raised the issue of MPDES permits. For lack of agreement, a bill giving the state primacy in this area did not get written this year. There is the prospect of an informal committee getting together in order to try and work out legislation. Larger companies, and cities, such as Boise, are interested in having this legislation passed. Any committee member who wished was invited to join this new committee.
ADJOURN: There being no further business, the Committee adjourned for the year at 1:47.