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 Department of Environmental Quality were Alired. Chairman Raybould appointed Vice Chairman Representatives were issued binders from the |
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 Chairman Raybould then turned the meeting over to Vice-Chairman |
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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 In answer to further questions, Mr. Essig said that in order to meet the In answer to questions, Ms. Hardesty said there are not contentious, |
Rep. Meyer asked for more time to consider these rules, and the Committee agreed to vote on them next week. |
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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 In answer to questions, Mr. Essig said that although this rule only |
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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. Mr. Allred pointed out that dams on the Mid-Snake River come up for |
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 |
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 |
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. |
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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 |
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 |
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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 |
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, Mr. Prouty listed three areas of concern. 1) The Development of Rules and Guidance for state agencies, 2) Most federal statutes provide for the state to actually run the One environmental program the state does not control is NPDES |
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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 Another area of concern is the Land Application Permits. This DEQ is working on revising water standards for metals. IACI is In response to questions, Mr. Prouty said the DEQ is Mr. Prouty said that with the National Pollution Discharge |
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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: |
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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 |
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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 He said there are two programs in Idahoprevention and clean-up. Last October, the EPA decided to do additional inspections because of He went on to discuss the types of violations. Almost 50% of them He said it is difficult to compare Idaho nationally, and they don’t have |
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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. |
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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 Chairman Raybould asked if the failure of the Legislature to approve Mr. Werntz replied that it is difficult to get credit for preventing a Chairman Raybould commented that during the 1990s almost Eric Sirs, of the EPA said no they were looking for compliance in Corrosion protection is needed to protect steel tanks and lines. Mr. Sirs agreed that a small percentage of the violations could be Mr. Werntz said the documentation must be on site. He said the EPA In response to questions, Mr. Sirs said that DEQ has an 85% clean-up When questioned, Mr. Werntz said the rate of violations in October In response to questions, Mr. Sirs said that a community finds out Mr. Werntz added that some information is not released because it is |
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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 In response to questions, Mr. Werntz said the news release was in |
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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. Mr. Jarvis said they have a data base of 3500 tanks. Mr. Werntz said a number of new tanks were not properly installed. In Mr. Allred commented about some of the clean-ups around the state. In response to Rep. Meyer pointing out all the progress the State has In response to questions, Mr. Sirs said that these leaking tanks run |
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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 At this point Mr. Allred stood to clarify what he said. He said that most In response to questions, Mr. Sirs said 94% of the UST (Underground Mr. Jones added that most of the fuel is sold by the larger operators Rep. Campbell asked what is the solutionhave the federal Mr. Jones replied that the public demands more today than they did Mr. Allred said that 66% of the facilities in the state are owned by When asked about any mechanism for forwarding the documentation |
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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 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 She closed with the comment that people say Idaho’s program isn’t |
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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. |
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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 In response to questions, Mr. Allred said making WAGS a formal Rep. Harwood questioned the use of best available science. He said Mr. Allred said the Safe Drinking Water Act criteria would be better Mr. Allred said that if the EPA takes over, they don’t use WAGS. |
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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 In response to comments about scheduling, Mr. Knight, said the In answer to a question, Mr. Allred said that if Idaho doesn’t meet the In response to questions, Toni Hardesty, of DEQ, said no comments |
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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) In spite of numerous requests, they did not receive any documentation He closed with the opinion that DEQ should be the biggest supporter In response to questions, he felt the same general guidelines for |
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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 |
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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. |
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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. |
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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. |
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Justin Hayes arrived too late to speak before Rep. Denney closed the discussion. |
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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” The price was reduced for large amounts of debris. When asked why Oregon reduced their fees, Mr. Eiguren said that Mr. Eiguren promised a full and complete briefing at the hearing, |
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. |
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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 |
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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, US Ecology Operates 3 of 18 RCRA (Resource, Conservation & He showed a slide of the Grand View site and explained that a waste In 2003, the state received two million dollars in fees. (At the highest |
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. He continued with pictures of their disposal waste treatment building, They have invested 4.5 million in a new disposal cell at the site. It is a |
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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 In answer to further questions, Mr. Romano said that US Ecology’s US Ecology is equipped to take PCB waste, and has taken some from |
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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 |
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Jeremy Maxand spoke about his concerns with the Representatives voting for this bill. He said he wasn’t necessarily against the bill. |
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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 The monies from these fees will be used for HAZMAT training for Rep. Meyer presented a few statistics. Last year 180 annual permits |
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. |
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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 He commented that Ada County has to treat its sewage before it In response to questions, Rep. Langhorst said that ozone Rep. Langhorst further explained that this bill only applies to As to the costs, Rep. Langhorst said that it is left to the County to Rep. Sayler moved to send RS 13801C1 to print. At Chairmans request, Steve Alired, Director of DEQ |
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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 The purpose of this bill was to charge fees for materials coming into |
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. |
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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. |
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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 |
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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. |
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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 In questioning, Mr. Ehlert said Ada county has a contractor who |
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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. |
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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. |
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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 |
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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. |
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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. |
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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. |
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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 Bill Jerrel, the Loan Program Manager at DEQ, also spoke. There In response to questions, Mr. Jerrel showed a long list of cities, towns Toni Hardesty, of DEQ spoke on S 1279. The Idaho board issuing |
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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 Now the problems are PM2.5 and carbon monoxide. He presented Mr. McGown said DEQ is particularly concerned about PM2.5, which is Mr. McGown said that vehicles produced 50% of the nitrogen oxides in As to the consequences of air pollution on public health, he said it If the federal government takes over, they will implement more stringent Mr. McGown said that Canyon County vehicle emissions are projected Mr. McGown urged the Committee to be proactive and pass H714. In questioning, he said lawn mower exhaust is the next thing on the Mr. McGown said that ethanol can help reduce pollution, but has to be |
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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 When asked why 1990 vehicles were used in the example, Mr. Turner |
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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 |
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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 |
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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. |
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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 Mr. Johnson said for 11 months, Compass/DEQ told Canyon County He showed what he said were examples of “bad science” by the DEQ . He objected to the fact that even when an area passes federal Since almost no one year old vehicles fail inspection, Ada County He presented a document: “Northern Ada County Carbon Monoxide The same report stated, “Records show that approximately 10% of Enclosed in the package was a guest opinion he had written, entitled In closing, Mr. Johnson said the problem is with COMPASS and DEQ, |
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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. |
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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. |
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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 He said that emissions readings are going down in Canyon County |
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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 |
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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. |
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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 |
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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. |
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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. |
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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. |
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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 In response to questions, Mr. Clark said Monsanto spent a lot of |
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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. |
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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. |
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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. |
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Don Munkers, CEO of World Water Association, spoke in favor of the bill. He said he thinks this is a great idea. |
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Rayola Jacobsen, Bureau Chief of the Bureau of Occupational Licenses, spoke, She said she was happy to assist with this licensing issue. |
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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 In response to questions, Rep. Snodgrass said he had talked again |
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. |
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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. |
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Rep. Smith said that Pocatello once had some pollution problems, but paving the city’s alleys has helped tremendously. |
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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. |
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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 2. As far as the regulations covering airsheds, is there a better 3. Does the advent of newer, cleaner vehicles, make a vehicle 4. Is the evolution of newer vehicles enough to lower the 5. Is this legislation constitutional? (He believes it is, but feels |
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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. |
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Rep. Meyer commented that Kootenai County has never reached nonattainment. |
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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. |
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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. |
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Rep. Harwood commented that the problem in Pinehurst is with residential wood smoke. |
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Rep. Barraclough requested information for other vehicles tested last year, in addition to the 1990 model vehicles. |
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Chairman Raybould said that verification of the accuracy of the numbers given to the Committee is needed. |
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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 In response to questions about whether December 24 was a normal Mr. Toole was asked for further information that he did not have, but |
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 In response to further questions, Mr. Lakey agreed that Canyon In closing, Mr. Lakey said it is not appropriate for the State to enact |
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Chairman Harwood read a letter from the Ada County Commissioners. In part it read: … The Ada County Commissioners have for years held a The Ada County Commissioners also support the (Signed Judy M. Peavey-Derr, Chairman; Rick Yzaguirre, Commissioner, |
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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 In response to questions, Mr. Hendrichs said that reformulated |
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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 Mr. Eiguren said that ValleyRide sent a report to many legislators done |
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At their request, Chairman Harwood accepted a report from Al Freeman (Attachment 1) and Charles Johnson (Attachment 2). |
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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 Q. What is the cost of Vehicle Emissions Testing to the citizens of A. As of 2002, there were about 125,000 registered vehicles in Canyon Q. What is the net reduction in emissions with testing? A. IDEQ data shows 8% of the vehicles would fail, which would be Q. What are the Vehicle Emissions Testing costs and test results for the A. IDEQ’s test results for 2002 showed approximately 92,500 vehicles. Q. What are the emissions reductions expected solely due to new cars A. The ENVIRON report data shows the vehicle contribution of VOC |
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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. |
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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. |
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Chairman Harwood closed the meeting with the reminder that the subcommittee will meet next week and make a recommendation to the committee. |
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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 Several members expressed the hope that the Department of |
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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. |
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ADJOURN: | There being no further business, the Committee adjourned for the year at 1:47. |
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.
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 Chairman Raybould then turned the meeting over to Vice-Chairman |
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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 In answer to further questions, Mr. Essig said that in order to meet the In answer to questions, Ms. Hardesty said there are not contentious, |
Rep. Meyer asked for more time to consider these rules, and the Committee agreed to vote on them next week. |
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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 In answer to questions, Mr. Essig said that although this rule only |
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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. Mr. Allred pointed out that dams on the Mid-Snake River come up for |
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 |
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 |
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. |
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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 |
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 |
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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 |
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, Mr. Prouty listed three areas of concern. 1) The Development of Rules and Guidance for state agencies, 2) Most federal statutes provide for the state to actually run the One environmental program the state does not control is NPDES |
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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 Another area of concern is the Land Application Permits. This DEQ is working on revising water standards for metals. IACI is In response to questions, Mr. Prouty said the DEQ is Mr. Prouty said that with the National Pollution Discharge |
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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: |
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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 |
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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 He said there are two programs in Idahoprevention and clean-up. Last October, the EPA decided to do additional inspections because of He went on to discuss the types of violations. Almost 50% of them He said it is difficult to compare Idaho nationally, and they don’t have |
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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. |
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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 Chairman Raybould asked if the failure of the Legislature to approve Mr. Werntz replied that it is difficult to get credit for preventing a Chairman Raybould commented that during the 1990s almost Eric Sirs, of the EPA said no they were looking for compliance in Corrosion protection is needed to protect steel tanks and lines. Mr. Sirs agreed that a small percentage of the violations could be Mr. Werntz said the documentation must be on site. He said the EPA In response to questions, Mr. Sirs said that DEQ has an 85% clean-up When questioned, Mr. Werntz said the rate of violations in October In response to questions, Mr. Sirs said that a community finds out Mr. Werntz added that some information is not released because it is |
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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 In response to questions, Mr. Werntz said the news release was in |
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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. Mr. Jarvis said they have a data base of 3500 tanks. Mr. Werntz said a number of new tanks were not properly installed. In Mr. Allred commented about some of the clean-ups around the state. In response to Rep. Meyer pointing out all the progress the State has In response to questions, Mr. Sirs said that these leaking tanks run |
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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 At this point Mr. Allred stood to clarify what he said. He said that most In response to questions, Mr. Sirs said 94% of the UST (Underground Mr. Jones added that most of the fuel is sold by the larger operators Rep. Campbell asked what is the solutionhave the federal Mr. Jones replied that the public demands more today than they did Mr. Allred said that 66% of the facilities in the state are owned by When asked about any mechanism for forwarding the documentation |
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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 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 She closed with the comment that people say Idaho’s program isn’t |
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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. |
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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 In response to questions, Mr. Allred said making WAGS a formal Rep. Harwood questioned the use of best available science. He said Mr. Allred said the Safe Drinking Water Act criteria would be better Mr. Allred said that if the EPA takes over, they don’t use WAGS. |
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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 In response to comments about scheduling, Mr. Knight, said the In answer to a question, Mr. Allred said that if Idaho doesn’t meet the In response to questions, Toni Hardesty, of DEQ, said no comments |
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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) In spite of numerous requests, they did not receive any documentation He closed with the opinion that DEQ should be the biggest supporter In response to questions, he felt the same general guidelines for |
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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 |
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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. |
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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. |
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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. |
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Justin Hayes arrived too late to speak before Rep. Denney closed the discussion. |
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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” The price was reduced for large amounts of debris. When asked why Oregon reduced their fees, Mr. Eiguren said that Mr. Eiguren promised a full and complete briefing at the hearing, |
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. |
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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 |
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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, US Ecology Operates 3 of 18 RCRA (Resource, Conservation & He showed a slide of the Grand View site and explained that a waste In 2003, the state received two million dollars in fees. (At the highest |
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. He continued with pictures of their disposal waste treatment building, They have invested 4.5 million in a new disposal cell at the site. It is a |
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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 In answer to further questions, Mr. Romano said that US Ecology’s US Ecology is equipped to take PCB waste, and has taken some from |
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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 |
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Jeremy Maxand spoke about his concerns with the Representatives voting for this bill. He said he wasn’t necessarily against the bill. |
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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 The monies from these fees will be used for HAZMAT training for Rep. Meyer presented a few statistics. Last year 180 annual permits |
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. |
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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 He commented that Ada County has to treat its sewage before it In response to questions, Rep. Langhorst said that ozone Rep. Langhorst further explained that this bill only applies to As to the costs, Rep. Langhorst said that it is left to the County to Rep. Sayler moved to send RS 13801C1 to print. At Chairmans request, Steve Alired, Director of DEQ |
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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 The purpose of this bill was to charge fees for materials coming into |
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. |
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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. |
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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 |
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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. |
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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 In questioning, Mr. Ehlert said Ada county has a contractor who |
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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. |
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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. |
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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 |
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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. |
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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. |
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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. |
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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 Bill Jerrel, the Loan Program Manager at DEQ, also spoke. There In response to questions, Mr. Jerrel showed a long list of cities, towns Toni Hardesty, of DEQ spoke on S 1279. The Idaho board issuing |
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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 Now the problems are PM2.5 and carbon monoxide. He presented Mr. McGown said DEQ is particularly concerned about PM2.5, which is Mr. McGown said that vehicles produced 50% of the nitrogen oxides in As to the consequences of air pollution on public health, he said it If the federal government takes over, they will implement more stringent Mr. McGown said that Canyon County vehicle emissions are projected Mr. McGown urged the Committee to be proactive and pass H714. In questioning, he said lawn mower exhaust is the next thing on the Mr. McGown said that ethanol can help reduce pollution, but has to be |
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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 When asked why 1990 vehicles were used in the example, Mr. Turner |
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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 |
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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 |
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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. |
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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 Mr. Johnson said for 11 months, Compass/DEQ told Canyon County He showed what he said were examples of “bad science” by the DEQ . He objected to the fact that even when an area passes federal Since almost no one year old vehicles fail inspection, Ada County He presented a document: “Northern Ada County Carbon Monoxide The same report stated, “Records show that approximately 10% of Enclosed in the package was a guest opinion he had written, entitled In closing, Mr. Johnson said the problem is with COMPASS and DEQ, |
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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. |
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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. |
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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 He said that emissions readings are going down in Canyon County |
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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 |
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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. |
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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 |
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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. |
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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. |
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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. |
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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 In response to questions, Mr. Clark said Monsanto spent a lot of |
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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. |
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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. |
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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. |
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Don Munkers, CEO of World Water Association, spoke in favor of the bill. He said he thinks this is a great idea. |
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Rayola Jacobsen, Bureau Chief of the Bureau of Occupational Licenses, spoke, She said she was happy to assist with this licensing issue. |
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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 In response to questions, Rep. Snodgrass said he had talked again |
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. |
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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. |
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Rep. Smith said that Pocatello once had some pollution problems, but paving the city’s alleys has helped tremendously. |
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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. |
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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 2. As far as the regulations covering airsheds, is there a better 3. Does the advent of newer, cleaner vehicles, make a vehicle 4. Is the evolution of newer vehicles enough to lower the 5. Is this legislation constitutional? (He believes it is, but feels |
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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. |
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Rep. Meyer commented that Kootenai County has never reached nonattainment. |
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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. |
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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. |
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Rep. Harwood commented that the problem in Pinehurst is with residential wood smoke. |
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Rep. Barraclough requested information for other vehicles tested last year, in addition to the 1990 model vehicles. |
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Chairman Raybould said that verification of the accuracy of the numbers given to the Committee is needed. |
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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 In response to questions about whether December 24 was a normal Mr. Toole was asked for further information that he did not have, but |
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 In response to further questions, Mr. Lakey agreed that Canyon In closing, Mr. Lakey said it is not appropriate for the State to enact |
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Chairman Harwood read a letter from the Ada County Commissioners. In part it read: … The Ada County Commissioners have for years held a The Ada County Commissioners also support the (Signed Judy M. Peavey-Derr, Chairman; Rick Yzaguirre, Commissioner, |
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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 In response to questions, Mr. Hendrichs said that reformulated |
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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 Mr. Eiguren said that ValleyRide sent a report to many legislators done |
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At their request, Chairman Harwood accepted a report from Al Freeman (Attachment 1) and Charles Johnson (Attachment 2). |
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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 Q. What is the cost of Vehicle Emissions Testing to the citizens of A. As of 2002, there were about 125,000 registered vehicles in Canyon Q. What is the net reduction in emissions with testing? A. IDEQ data shows 8% of the vehicles would fail, which would be Q. What are the Vehicle Emissions Testing costs and test results for the A. IDEQ’s test results for 2002 showed approximately 92,500 vehicles. Q. What are the emissions reductions expected solely due to new cars A. The ENVIRON report data shows the vehicle contribution of VOC |
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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. |
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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. |
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Chairman Harwood closed the meeting with the reminder that the subcommittee will meet next week and make a recommendation to the committee. |
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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 Several members expressed the hope that the Department of |
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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. |
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ADJOURN: | There being no further business, the Committee adjourned for the year at 1:47. |