2004 Environment, Energy, & Technology

Hazardous waste, sewage, recycling

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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

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

Alired.



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.
ADJOURN: 2:20






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.

ADJOURN: 2:35






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

EXCUSED:

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.
ADJOURN: 3:15






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

EXCUSED:

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.
ADJOURN: 1:45






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
ABSENT/

EXCUSED:

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
ABSENT/

EXCUSED:

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.
ADJOURN: 5:30






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
ABSENT/

EXCUSED:

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.
ADJOURN: 2:34






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

EXCUSED:

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
ABSENT/

EXCUSED:

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.
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

Alired.



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. ADJOURN: 2:20






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.

ADJOURN: 2:35






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

EXCUSED:

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.
ADJOURN: 3:15






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

EXCUSED:

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.
ADJOURN: 1:45






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
ABSENT/

EXCUSED:

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
ABSENT/

EXCUSED:

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.
ADJOURN: 5:30






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
ABSENT/

EXCUSED:

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.
ADJOURN: 2:34






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

EXCUSED:

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
ABSENT/

EXCUSED:

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.