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Printed on Recycled Paper With Soy InkIssue #467

Inside...

June 2011

DEQ Swe

Peis............................ 1

LEED.............................. 5

Vcve Hil:

he Eleg Side f

Efciency........................ 10

Enviro Briefs ................ 10

Cled ....................... 13

DEQ STORMWATER PERMITS

by Jenine Camilleri, DEQ Stormwater Coordinator (Portland)

IntroDuCtIon

Oregon Department of Environmental Quality (DEQ) is proposing changes to its

Industrial Stormwater General Permits Nos. 1200-Z and 1200-COLS. The proposed

permits replace the 1200-COLS permit, effective September 1, 2006, and the 1200-Z

permit, effective July 1, 2007. DEQ is also proposing the 1200-ZN permit for facilities

that do not have a 1200-Z permit and apply for the permit between September 1st and June

30th.The Industrial Stormwater General Permit No. 1200-Z (1200-Z permit) covers a broad

range of industry throughout Oregon that discharge stormwater to rivers, streams and other

surface waters. The Industrial Stormwater General Permit No. 1200-COLS (1200-COLS

permit) covers industries that discharge to the Columbia Slough Watershed in the Portland

metro area. There are about 773 facilities registered under the 1200-Z permit and 139

facilities registered under the1200-COLS permit.

These permits regulate various pollutants from industrial activities that may be

discharged in stormwater during rain and snow events. The stormwater from industrial

activities discharges to rivers and streams, or to storm drains that eventually discharge to

rivers and streams. Stormwater often contains pollutants that may harm aquatic life and

their habitat. The permits require facilities to implement best management practices to

reduce pollutants in stormwater and to meet benchmarks that measure the success of these

management practices. Thesepermitsexpireeveryveyears.DEQrenewedthe1200-Zpermitin2002and

2007. The current 1200-Z permit became effective on July 1, 2007 and expires on June

30, 2012. DEQ renewed the 1200-COLS permit in 2006. The current 1200-COLS permit

became effective on September 1, 2006 and expires on August 31, 2011.

In 2007 and 2008, two environmental advocacy groups, Northwest Environmental

Defense Center (NEDC) and Columbia Riverkeeper, challenged the current permits

validity under the Federal Clean Water Act. DEQ settled the legal challenge and as part of

the settlement agreement agreed to revise the permits.(1) Under the settlement agreement,

DEQ agreed to:

Issue new permits based on the EPA Multi-Sector General Permit (EPAs permit)for industrial stormwater discharges issued in September 2008.

Convene an advisory committee to provide input on the proposed changes tothepermits.Specically,DEQagreedtodiscussthefollowingissueswiththecommittee:

o Evaluate whether facilities should monitor their discharge at least once ayear (i.e., not allowing a monitoring waiver for facilities that consistentlymeet benchmarks).

o Evaluate the consequences for not meeting benchmarks.o Evaluate increasing monitoring to characterize the pollutants in industrial

stormwater discharges. Retain the public notice and comment provisions in the current Oregon permits

and continue to review stormwater pollution control plans.

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Issue #467orEGon INSIDER

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orEGon InSIDEr is published monthly by EnviroMedia Publications 3051 Skyview Lane, Eugene, OR 97405Edit: Jeff B. Knebel website: www.TheOregonInsider.comPhe: 541/ 729-1546 email: [email protected],Subscipti rates: $245peryear,$195forprivatenon-prot501(c)(3)organizations;Multiplesubscriptionratesavailable.

Postage Paid at Eugene, OR Postmaster: Please send address corrections to Oregon Insider, 3051 Skyview Lane, Eugene, OR 97405Reproduction in any form forbidden without the express consent of the copyright owner. Copyright 2011 EnviroMedia Publications

In May 2010, DEQ and NEDC and Columbia Riverkeeper amended the settlement agreement to

provide additional time for DEQ to develop water quality-based metals benchmarks for copper, lead, and

zinc.(2)

In June 2009, DEQ convened an advisory committee comprised of representatives of affected

industries, small businesses, municipalities, environmental groups and stormwater consultants. The

committee met sixteen times from June 2009 to April 2011 and provided input to DEQ on the proposed

changes to the permits.

DEQisproposingsignicantchangestothepermits.DEQmadethesechangesbasedonsettlement

agreements with NEDC and Columbia Riverkeeper, advisory committee input and the evaluation of the

federal EPA MSGP permit. These changes include the following:

Signicantlyloweringthemetalsbenchmarksforcopper,leadandzincbasedonanevaluationofthe states waters.

Requiring certain industries that are not consistently achieving the benchmarks to hire a profes-sionalengineerorcertiedengineeringgeologisttodesigntheirstormwaterplanandidentifybestavailable technologies to reduce pollutants.

Adding more pollutant monitoring:o Industries that discharge to impaired waters that are not meeting the state water quality

standards will monitor for impairment pollutants on DEQs 303(d) list and take correctiveactions if these pollutants are present in their discharge.

o Industries will monitor for Polycyclic Aromatic Hydrocarbons (PAHs) and a broader suiteof metals (cadmium, chromium and nickel) to determine if they are present in industrialstormwater.Certainindustrieswillalsomonitorforindustryspecicbenchmarks.

Adding precision to sample collection requirements. If possible, industries will collect grab com-positesamples,sampleduringrstraineventafterSeptember1standwithinrst12hoursofeachstorm (maximum of four events per year).

Improvingefciencyandeffectivenessinthereportingprocess.Thisincludesspecifyingeventswhich require submission of revised stormwater plans.

ImPaIrED WatErS

The proposed permits contain requirements for new and existing discharges to impaired waters with or

without EPA approved TMDLs. New dischargers are only eligible for discharge authorization if they demonstrate (and docu-

ment) that there is either no exposure of stormwater to the pollutant for which the water isimpaired, or the impairment pollutant is not present at the facility, or that the discharge is notexpected to cause or contribute to a water quality standards exceedance.

For new and existing discharges to impaired waters with EPA approved TMDLs, DEQ willpresume that compliance with the terms and conditions of the permit complies with theTMDL unless a Waste Load Allocation (WLA) is established for industrial stormwater dis-charges. DEQ conducted a review on Oregons TMDLs to determine if stormwater dischargeswere considered in the source assessment of the TMDL and whether stormwater was identi-edasasignicantsource.(3)Duringsourceassessment,theTMDLprogramevaluatesthesignicantsourcesoftheimpairment.Typically,stormwaterisnotconsideredasignicantsource because of the pollutant/impairment (for example, temperature) the TMDL is address-ing.MostTMDLseitherdonotmentionstormwaterorspecicallystatethatstormwateris

notconsideredasignicantsourceoftheimpairment. If a WLA is established, DEQ will evaluate whether additional requirements are necessary

to ensure the discharge is consistent with the TMDL. If the water is impaired but there is nocompleted TMDL, the discharger is required to control its discharge as necessary to meet ap-plicable water quality standards and to conduct routine monitoring for the pollutants for whichthe waterbody is impaired.

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BEnCHmarkS

DEQisproposingsignicantlylowermetalsbenchmarksforcopper,leadandzinc.Theleadandzinc

benchmark values were determined using risk-based modeling with conservative inputs for parameters such

as hardness and metals concentrations in the receiving waters. DEQ used a technology-based approach

to determine the proposed copper benchmark because results of risk-based modeling yielded copper

benchmark values that were very low and would not be regularly achieved by active treatment.

tableofdeqsproposedbenchmarks.

CorrECtIVE aCtIonS

The industrial stormwater general permits are based on an adaptive management approach where

permit registrants monitor their stormwater discharge, evaluate the effectiveness of their control measures,

and take corrective actions to ensure they are controlling the industrial pollutants that are exposed to

stormwater to achieve the benchmarks in the permit. DEQ evaluated the corrective action requirements

in the current permits and as part of the settlement agreement agreed to seek feedback from the advisory

committee on developing permit requirements for facilities that repeatedly fail to meet benchmarks. Based

on these discussion and evaluations, DEQ is proposing changes to the corrective action requirements in the

permit.theproposedpermitsincludethenewcorrectiveactionrequirementsthat:

Focus on those facilities that consistently fail to meet the statewide benchmarks (Tier II) andrequire that these facilities install the best available technology to reduce the pollutants belowbenchmarks.Thesefacilitiesmusthirealicensedprofessionalengineerorcertiedengineer-ing geologist to add scrutiny to the selection of control measures to address the pollutants ofconcern and revise the SWPCPs.

Clarify the timeline and corrective actions facilities must take if they exceed benchmarks. Provideexibilityforfacilitiestoevaluateallavailablecontrolmeasuressuchasoperational,

structuralortreatmentBMPstoaddressthepollutantsofconcern.Facilitiesshouldrstconsider source control measures, if possible, before implementing more resource intensiveBMPs such as installing a treatment system.

Benchmark Values (in mg/L unless otherwise specified)

1200-Z 1200-COLS

Benchmark

Parameter

Permit

Expiring

6/30/12

Proposed

Permit

Permit

Expiring

8/31/11

Proposed

Permit

Total Copper 0.1 0.020 0.036 0.020

0.040 - Eastern Oregon

0.035 - Willamette BasinTotal Lead 0.4

0.084 - Other Western Basins

0.06 0.035

0.12 - Eastern Oregon

0.09 - Willamette BasinTotal Zinc 0.6

0.19 - Other Western Basins

0.24 0.090

pH 5.5 - 9.0 SU unchanged 5.5 - 8.5 SU unchanged

Total Suspended

Solids130 100 50 unchanged

Total Oil &

Grease10 unchanged 10 unchanged

E. coli*406 counts

/ 100 mL

unchanged406 counts

/ 100 mL

unchanged

BOD5 n/a n/a 33 unchanged

Total Phosphorus n/a n/a 0.16 unchanged

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Promote the use of volume reduction measures such as low impact development practices toreducestormwaterowandcontrolthemassloadofpollutantsthatenterthereceivingstream

Promote innovations in stormwater management. Improve the quality of industrial stormwater discharge over time.

DEQ is proposing that a more rigorous approach for facilities that routinely exceed the statewide

benchmarks in the proposed permits. These facilities must meet the Tier II corrective action requirements.

To provide added scrutiny of the BMPs needed to control the pollutant(s) that are above the benchmark(s),

DEQisproposingalicensedprofessionalengineerorcertiedengineeringgeologistconducta

comprehensive review of control measures that are technologically available and economically achievable

in light of best industry practice. The goal of these added controls is to eliminate or reduce the pollutant

concentration(s) in future discharges below the benchmarks in new permits. The updated SWPCP will

identify the selected control measures and provide the rationale and analysis supporting that the selected

control measures are technologically available and economically achievable in light of best industry

practice in the engineering report. DEQ is proposing that these facilities implement the selected BMPs

within 18 months.

monItorInG

deqisproposingtothefollowingchangestothemonitoringrequirements: Types of pollutants monitored: Expanding the number of pollutant parameters that permit reg-

istrants must monitor in stormwater runoff. In addition to the statewide benchmarks retainedfrom the current permit, certain registrants must monitor pollutants based on their industrialsector and impairment pollutants based on discharges to impaired waterbodies. DEQ is alsoproposing that facilities monitor additional pollutants (PAHs, chromium, nickel and cadmium)to identify if these pollutant sources are commonly present in industrial stormwater and toinform future permit development.

Timingofsamplecollection:Ifpracticable,facilitiesmustcollectaseasonalrstushsampleoftherstfallstormeventafterSeptember1thatproducesadischargefromthefacility.Also,ifpracticable,facilitiesarealsorequiredtocollectsampleswithinthersttwelvehoursof the storm event.

SamplingMethod:Forthersttwoyearsofcoverageunderthepermit,grabcompositesam-pling will be used to collect samples if practicable. Facilities will collect three grab samplesand combine them into one sample that is then analyzed by the laboratory. Utilizing the grabcomposite monitoring method will yield more representative analytical results than individualgrab sampling.

The public comment period closed on June 16, 2011. DEQ plans to issue these permits by September

1, 2011. The 1200-COLS permit will become effective on September 1, 2011. The 1200-Z permit willbe become effective on July 1, 2012. Once the permits are issued, there will be a period of time where

facilities will renew their coverage under the new permits. The draft permits and the factsheet that explains

the changes to the permits are located on DEQs website at http://www.deq.state.or.us/wq/stormwater/

industrial.htm.

foradditional information: Jenine Camilleri, DEQ Stormwater Coordinator, 503/ 229-6775.

Jenine Camilleri is a Stormwater Coordinator for Oregon Department of Environmental Quality working out

of the Headquarters ofce in Portland, Oregon. She started in this position in January 2006. She has been

working on the revisions to the NPDES Industrial Stormwater General Permits. She has worked for DEQsince 2000. She worked for six years as an Environmental Law Specialist in DEQs Ofce of Compliance and

Enforcement. She received a JD from Northwestern School of Law at Lewis and Clark College in Portland,

Oregon and a BS in Environmental Policy Studies at Michigan State University.

(Endnotes)

1. 1200-Z and 1200-COLS Industrial Stormwater Permit Settlement Agreement and Release of Claims, Department of

Environmental Quality and Northwest Environmental Defense Center and Columbia Riverkeeper, June 30, 2009

2.1200-Z and 1200-COLS Industrial Stormwater Permit Amendment to Settlement Agreement and Release of Claims,

Department of Environmental Quality and Northwest Environmental Defense Center and Columbia Riverkeeper, May 12, 2010.

3. DEQ evaluation of approved Oregon TMDLs, presented to Industrial Advisory Committee, January 2009 meeting, located at:

http://www.deq.state.or.us/wq/stormwater/docs/Advisory/ISAC6TMDLIndStormwater.pdf

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TO LEED OR NOT TO LEAD?.. thatistherealsustainabilityquestion

by Matthew D. Todd, P.E., Sales & Engineering Manager/Partner, Entek Corporation

IntroDuCtIon

Most business leaders and/or anyone in the building industry (owners, investors, developers, designerscontractors, and other connections) has heard of the Leadership in Energy and Environmental Design

(LEED) system proffered by the US Green Building Council (USGBC). In fact, anyone that is involved at

the policy level in most states in our country would be familiar with LEED silver as the standard by which

most of our tax payer-invested properties are now supposed to be constructed. This article will attempt to

unveil some of the myths and fallacies in the content and program of LEED and why even though public

money has jumped on the LEED band wagon, perhaps private investors should steer in an alternative

direction that makes better business sense.

LEED

OneofthebiggestchallengesoftheLEEDexperienceisrstcost.ThoughtheUSGBCemblemand

moniker implies that it is governmental in nature, the fact is that LEED is a private enterprise, and, to this

writersbelief,verymuchafor-protventure.TheUSGBCostensiblysetoutonthisasitsoriginalcourse:

LEED was designed to encourage and accelerate global adoption of sustainable green building

and development practices through the creation and implementation ofuniversally understood and

accepted standards, tools, and performance criteria.

LEEDwasinitiatedpurposefullytobeaMarketMover.Theideathatbyencouragingthebuilding

communitytostretchtowardgreaterandmoreefcienttechnologies,thecollectiveweofthe

marketplace would then develop products to meet those challenges. Much of this vision was created

and supported by an initiative known as ARCHITECTURE 2030 (Now operating under the name of

SUSTAINABILITY2030or2030CHALLENGE).ThisprogramsettheloftygoalofNetZeroEnergy

Goal set by the year 2030. This means that over the course of one calendar year a building structure that

falls under this program would produce as much energy as it consumes on-site, and in the best case kick

energy back into the new and coming smart grid. The milestones in the program include the following:

30% below the baseline energy code in 2010,

50% below the baseline energy code in 2014-2015, and

5% additional reduction every three years to 2029-2030.

If we were to discuss this topic alone and how it is playing out in our region, there would be an entire

thesis on two very different approaches to chasing these goals right here in Oregon and Washington.

Understand that even if both states are viewed collectively, it is not a large enough building market to truly

gain national product development traction. The philosophies employed in each state vary dramatically.

SufcetosayherethatOregonhaschosenthesugar-cube-incentiverouteandWashingtonhasattempted

to drive conformance via draconian and overreaching codes. You can presume which program may be more

effective. We must, however, move along with the LEED discussion. As per above, LEEDs original visionwas cast back in the early 1990s and many would agree that its impact and vision have lived out in that

the market indeed did move. Point-in-fact is that the HVAC (Heating, Ventilation and Air Conditioning)

industryndsitselftrulyonthebleedingedgeofthischallenge.Industryexpertsgenerallyagreethatover

50% of the products and systems that will be installed to service buildings in the coming 5-to-10 years

have not even been brought to the market yet. Most HVAC industry people will agree that we are living in

veryexcitingtimes.Betweentheaggressiveenergyefciencymandatesconnectedtothe2030goals,with

the refrigerant dilemma of balancing Ozone Depletion (ODR) via with Global Warming Potential (GWP),

materials price increase (primarily Copper) and many other factors contribute to no small amount of angst

at every level of the industry.

These and many other factors are of huge concern. The role that LEED plays in them can be confusing

as well. We repeat that LEED has been successful in meeting its original mandate to move the market in

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terms of product development. A greater question hangs over the LEED system, though, and that is: did

movingthemarketreallymakebetterbuildings?Onemajorawisthatwhilewearegettingrapidproduct

innovation, we have not fully conquered the design process innovation that LEED expected. It is true,

many design teams have fully adopted the early-in, LEED Charrette process that fully embraces the LEED

philosophy of full and equal collaboration on all levels. The reality is that the architectural community by

and large, does not want to give up their traditional role in the design and construction process. Why should

they? They hold the throne!. But the reality is that the throne has shifted whether they want it to or not. If

LEED is to salvage any form of traction in the world I am going to describe, lead architects will have to

come to the table as equals, not only with their other primarily design-oriented compatriots. Essentially the

rules of engagement are different. The new leader in the clubhouse is the commissioning agent. Above him

of course is the owner, but most owners actually need a translator to get what they want from the building

industry. Architects have held that role virtually forever, but LEED is asking them to move to second chair

and let a new form of oversight take the helm.

The degree to which these statements resonate will depend on which market youre in, what your

expertise is in it and the experiences you have had with or without LEED in that experience. But this shift

and you markets compliance with it will vary on which end of the pool you are swimming in and how

much kool-aidyou are willing to drink. These metaphors are used purposefully, because we are all in the

sustainability pool together whether we know it or not. Those who are skeptical about whether they even

want to participate are sitting at the edge with their arms on the deck waiting to see what will happen.

Othershavedrankalltheavailabledrinkandaredoingeverythingfromounderingtothrivingin

the deep end and gaining experience if nothing else. While many of the exterior sustainable practices aregaining broad interest and acceptance, there continue to be learning experiences. For example, who doesnt

liketheideaofarapidlyproducingproductlikebamboobeingusedasooringmaterial,untilthatooring

material is found to have a friendly little boring termite species in it that doesnt exhibit its presence until

theoorisinstalledandthespaceclimate-conditionedsothatitcantstarteatingawayatsaidoor.The

goodnewsisthatitisarapidlygrowingandrepeatableproduct;thebadnewsisthattheselittlevarmints

like other types of organic material as well and once infested, you are indeed infested and the cure may be

far worse than the cause in the sustainability world at least.

The reality is that all the sexy materials in the world, dont get around the fact that buildings in our

country use over 45% of all energy, and they have been targeted as the primary way for us to impact our

nations energy consumption. So when LEED Silver, Gold and Platinum buildings turn out not to perform

uptothosestandards,thereisaproblem.WhichidentiesoneofthekeyissueswithLEEDthatwendin

the industry. LEED has become (or perhaps always was) a point-chasing scheme. In simple terms, the way

you get to any level in LEED is by getting enough points in the way you build the building to get the plaquethatyoucanhangonthewall.TherearenumerousexamplesthatUSGBCanditsafliateswillpointtoas

successful - even stellar - example projects. But few of those entities will point out the misery that has been

exhibitedinmany.Theexampleaboveisjustastorythatcanprobablybetoldineveryfacetoftheve

categories within LEED in terms of products that hit and products that miss. That is okay though when your

intentistobeamarketmoverandgothroughthedevelopmentprocessofndingnewandmoresustainable

products. The one thing we cant stand though from a full-cost perspective is non-compliant energy cost

targets. These are costs that we live with every monthly billing cycle and in many cases determine whether

a Performa will pencil out to gain funding.

One of the poster child tragedies is a LEED Silver courthouse project in Florida. The project attained

LEEDSilverandwascertiedbytheUSGBCassuch.Therstyeartheactualenergycostswerealmost

TRIPLE the original modeling estimates. To date, with all available corrections, the building has been

brought down to roughly 1.5X the original estimates and unless the building, or the systems that are in it,

are changed out, it will likely never meet the original target goals. For this and many other examples thatcan be found, LEED has issued Version 3.0 with the following directive (emphasis mine):

LEED is an internationally recognized green building certication system, providing

third-party verication that a building or community was designed and built using

strategies aimed at improving performance across all the metrics that matter

most: energy savings, water efciency, CO2 emissions reduction, improved indoor

environmental quality, and stewardship of resources and sensitivity to their impacts.

Oneoftheprimarydriversinthisprogramrevisionwasenergyefciency(SeeLEEDSectionEnergy

andAtmosphere).Energyefciencyisweightedonproposedperformance within the scoring system

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(LEED 2.2 was 17of 69 Credits in EA and LEED 3.0 is now 35 of 96 Credits in EA). Notice the analysis

is still onproposedperformance, meaning we still dont know how the building does until it is built,

occupied and operated. That may indeed be the breakdown in what LEED can or will do. Granted The

USGBCisactivelyattemptingtodefendthisissuebyspreadingitsreachintomoreandmorespecicareas

(Health Care, Retail, Residential, Etc.) with the most encouraging being a rating on Existing Buildings to

attainLEEDcerticationthroughimprovedOperationsandMaintenance(SeeGreenBuildingOperation

and Maintenance 2009 Edition).

Attheendoftheday,buildingsnotonlyneedtobebuiltefcientlyandsustainably,buttheyneedto

stay that way. With the vast array of Green products coming to market, as a result of LEED being a market

mover,manypeopleincertiedstructuresarendingoutabouttruesustainabilityinthelife-spanofthose

original designs, control strategies, and whether or not people in the buildings are indeed as productive

as proclaimed at the ribbon cutting. There are numerous additional anecdotes on buildings that have

successfullyskirtedthebreachanddeliveredenergyefciency,butoftentimesattheexpenseofoccupant

comfort. Many of these building operators then forsake design protocols, to keep the receptionist happy at

the always challenging front entry, and by year 3 or 4 the energy meter is operating far above the 1st years

triumphant standards.

aSHraE

Again, LEED is setting a course to stem this annoying issue, but it could be that the battle is being

lost or indeed the war may already be over. A key partner in the Net Zero 2030 challenge is the AmericanSociety of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE). The body of research

engineers, along with the Institute of Electrical and Electronics Engineers (IEEE) or Illuminating

Engineering Society of North America (IESNA), creates many of the standards under which LEED

operates. So much advancement in lighting technology has occurred recently that lighting now takes 2nd

place to the heating and cooling of facilities where it once was the energy consumption king, So rapid and

extensive have been these advances that we are actually having to heat some buildings more in the winter

time due to lack of lighting heat being contributed to the overall operation of the space. As a result, the new

energy hog in most buildings, especially those older structures that have had advanced technology lighting

retrots,istheheatingandventilationsystems.ThereforeASHRAEhasdevelopedabuildinglabeling

system that somewhat models a scoring program used in the European Union. In the EU this scoring of a

building is a required submission in order for a real estate transaction to occur - much like an appraisal is

necessary here.

The ASHRAE labeling program has the lofty goal of being posted at the entry of a rated building so allwho enter can easily see and attest to its score - similar to a restaurant rating emblem or the way we read

energy star labels on appliances or MPG charts on automobiles. Distilled, accessible information as simple

asABC.ThescoresinfactontheASHRAEbuildinglabelareliketraditionalreportcardgradeswithA

indeedbeingbestandA+beingevenbetterbutvirtuallyunattainablewithcurrentavailabletechnology.

TheideabehindthescoringisthatitallowsfortheAsDesignedmeasureofconformance,butalsodoes

notawardthegradeuntiltheAsOperatedportionoflifecomesintoplay.Furthermoreisaddressesthe

source cost of energy, such as when we use fossil fuels to make electrical power and all the associated

inefcienciesthatcomealongwithgenerationandtransmissionofsaidpower.

In theory ASHRAE had hoped to bring leading edge design innovation into concert with real

world application. This Labeling program is in its relative infancy when compared to LEED, but it is

a well thought-out program and is being considered by some states and municipalities as part of their

sustainability programs. It is proposed as a potential inducement for at least commercial real estate

transactions much like the similar looking program already in place in the EU. Whether or not theASHRAE version of building rating will catch on is yet to be determined, but even if so there is another

perhaps more powerful player already in that game.

EnErGY Star/PortFoLIo manaGEr

Thisprogramhasalargebodyofadvantagesalreadyinplaceandforanyonenewtoenergyefciency

and sustainability in buildings, an alarming breadth of existing market penetration. Some of the natural

attributes of this portfolio manager (PM) are that it is paid for with yours and my tax dollars and has been

for some time because it is sponsored and run by the EPA. Additionally, it is extremely user friendly,

rapidly accessible, readily updated and constantly improving. There is a rapidly growing data base that

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has been in place and developing over many years. It comes from what is known as CBECS (Commercial

Building Energy Consumption Survey). This data base is vast and so extensive that it has corrective

calculation for geography, weather variations and a wide array of building types and applications by

which you can compare and benchmark a given buildings energy use in relation to other buildings. The

data is normalized and the relationship between buildings is constantly updated as buildings improve via

renovation,retrotandremodeling.Thismaybethecoolest,butperhapsmostunnervingpart,ofPM.

If you get a good score today (75 out of 100 is considered a good Energy Star PM score), you might be

tempted to rest on your laurels. But the reality is that as your nicely rated building moves forward in time,

and we even assume that you are maintaining and operating it correctly to maintain those consumptions

levels and scores, you are actually going backward.

As more and more buildings improve, that age old and oft detested bell curve actually moves! Those

buildings that were getting Ds and Fs fall off the scale because they either cant or wont comply and are

destroyed or moth balled, or they do get better with all new lighting and HVAC systems and suddenly your

old 75 now functions more like a 60 in comparison.

Whats the problem you say? 60 is still better than the other kids right? True. However, the new

dilemma is in the teeth of this animal. While most of our public money that results in new buildings is

chasing what has essentially become a points-grabbing scheme in LEED Silver, PM is actually scoring how

buildings truly run, based upon utility meter draws. Those are the only scores the PM cares about, and those

same states and municipalities are not just wanting to see their own buildings listed on PM, and watch how

they rate and stay rated, they also want to see larger private buildings be rated highly and most especially

those that they might be leasing space in. Thats right. Washington State has straw proposal legislation,(Washington State House of Representatives Ofce of Program Research; BILL ANALYSIS:

Technology, Energy & Communications Committee HB 1747;Bief Descipi:Reducing climate

pollution in the built environment. ) this bill actually sets targets for all buildings in the state to reach certain

Energy Star/PM levels and that state agencies cannot lease space in buildings with a score less than 50.

(Remember a 50 today is not necessarily a 50 tomorrow).

Washington State is not even a leader in this area. California (of course) already requires certain

buildings to be rated and that rating to be revealed in order for them to be sold. Cities like Denver, CO,

West Chester, PA and the States of Virginia, Ohio, Minnesota, Michigan and Illinois already have laws in

place that related to or require some attachment to PM in the buildings those entities own and/or occupy

and in the case of Denver in any new buildings have to fall under this compliance. Many other states and

municipalities are considering or have already enacted similar laws.

That means that privately held buildings that lease space to tax -payer-funded entities will not only

have to register and score their buildings on PM but they will have to have a score that pleases thoseto whom they lease. The power in this initiative beats any marketing program one might want to have

regardingLEEDcertication.Thepowerisinwell,thepower.Howmuchofitareyouusing?Howmuch

does your meter read? How does that make you look when that meter is automatically connected to PM

through your utility and keeps score for you on the Energy Star website data base and further enhances

theCBECSdatabasebydefault?SomemightsayThatsreallycool!whileothersmighttakeadeep

breath and say, that is a pretty deep reach with a powerful data base maintained by the federal government

dictatingwhothegoodandbadactorsareintheenergyconsumptionworld.Doesanyonenotbelievethat

with that amount of information readily accessible and available for public consumption that a revenue

collection system of some order is not far behind, which on its best day might reward the best performers

while penalizing the lesser ones? Oregonians are already somewhat familiar with how this looks via the

process of the Energy Trust (ETO). Essentially, the program is paid-for by every rate payer. The amount

you pay is directly related to the amount you use by some fairly simple percentage math. This means that

those who are smart enough can not only reduce their contribution to that system by being better managersof their energy use, but they also get to let the bad performers help pay for their improvements. It is a

classiccaseofweallpayequally,butsomechosetobenetmorethanothers.Iaminabsolutefavor

of these measures, because it encourages people to do the right thing for the right reasons with visibly

measurable results. We could debate for undetermined length whether the federal government can duplicate

an ETO approach as effectively as it has been done in Oregon, but we should be certain that with this much

information on a voluntary basis, the federal government will get real excited about what they can do on

amandatorybasiswiththeobjectiveofdecitreductionloomingasperhapsthemostcriticalissueofthis

century.

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While this article may appear to bash LEED with a bit of a heavy hand, that is not really the concern.

The concern is, why should or would we have too many divers and confusing programs in place, when

the real goal is conservation? I strongly believe that the innovation and market movement that LEED

has initiated are very good. But that doesnt mean that a program must continue after it has achieved its

goal, especially if there is already something in place that holds the trump card. But the mere fact that

therearepeopleoutthere-thatthinktheycanchaseaLEEDcerticationwithoutthatinmind-dont

really get what this is about at all. What this is about is long-term sustainability. Long-term sustainability

means a real jaundice look at energy policy in this country. Part of that view is the lofty goal of energy

independence.WecancryallwewantabouthowwhenJimmyCarteridentiedthisasanimportantissue

inthelate1970s;westillhaventprogressedmuchsincethenintermsofsteeringthismassiveenergy

hog known as America toward that goal. As recently as 2007 we had legislation in place to reactivate this

mission (AUTHORIZING LANGUAGE FROM THE ENERGY INDEPENDENCE AND SECURITY

ACT (EISA, P.L. 110-140, DECEMBER 2007; SubtitleBHigh-PerformanceCMLBuildings;SEC.421

COMMERCIAL HIGH-PERFORMANCE GrEEnBUILDINGS;SEC.422.ZEro nEt EnErGY

COMMERCIAL BUILDINGS INITIATIVE). This act was ostensibly titled Energy Independence and

signed into law by George W. Bush. The trouble is that it hasnt been funded. So while it looks kind of sexy

from a bureaucratic perspective, it is essentially a dead bill due to lack of funding.

One of the greatest legacies that could be left to our heirs is one of energy independence in this

country.Weuseaninordinatepercentageofit;whycantwegureoutacreativewaytogenerateitwithou

needing other countries to provide it for us? What about an Apollo program? Except, instead of going tothemoonwegotothegreatestheightsrighthere,butguringoutawaytodowhatwedothewaywelike

to do it - without eating up all the limited fossil fuel reserves on the planet. I dont know exactly what that

looks like, but an Apollo-like initiative and the leadership vision that was modeled there could certainly

serveuswellnow.Attheveryleastthesecondarytechnologieswouldbenetmuchliketheyhaveasa

resultofscienticadvancementafterWWIIandtheApolloprogram.PMcanbeapartnerinthis,because

the score for our buildings is based upon source energy. If the source is better the scores will continue to

be better. Id like to think there will be a growing number of Net Zero Energy buildings running effectively

in real time by 2030. Is it realistic to think that all buildings will be? Not even. It is projected that 75% of

all the buildings we are going to have in 2050 are already standing! Therefore the chances of starting over

from scratch with a LEED-like scenario are even more limited.

matthew todd has 30 years practical experience in numerous areas of Heating Ventilating and Air

Conditioning design, installation and maintenance. This time period includes activities such as system

analysis, system applications, equipment selection, life cycle costing, energy study and analysis, basic andadvanced system design training, and preventative maintenance coverage evaluation and implementation. His

project experience ranges from large tonnage centrifugal chilled water plants and central station air handling

systems to smaller, nite control applications such as laboratories, and smaller hi-tech clean rooms and low

tolerance PLC and DDC applications.

Mr. Todd has also participated in all local utilities authorized contractor programs including the new Energy

Smart Rx Ofce BPA program. He has become an advocate of practical energy efciency programming. Entek

was the rst Design/Build/Maintain contracting rm in the Pacic Northwest to be approved for participation in

EPAs Energy Star program. Entek Corporation is a trade Ally of the Energy Trust of Oregon.

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ThE VANcOuVER, WA hILTON hOTEL:pioneeringtheelegantsideofefficiency

by Louisa Gaylord and Rem Wilson, Glumac (Portland)

The Hilton hotel and convention center in Vancouver, Washington has been making national headlines

withitsinnovativesustainabledesignandoperationsinceitscompletionin2005.Butasthersthotelin

theworldwithbothLEEDandGreenSealcertication,manypeoplequestionifthegreenangleissimply additional media publicity or whether Hilton hotels worldwide are turning over a new leaf.

The City of Vancouver, who owns the building site, and Hilton Hotels & Resorts viewed the idea for a

green hotel as a way to both stimulate the local economy and send a message to the country. This hotel has

set a new standard for helping to minimize environmental impact while providing the very best in service

andamenitiestoguests,saysJeffDiskin,seniorvicepresidentofbrandmanagementforHilton.

BuildingscannotpursueLEEDcerticationaftertheconstructioniscompleted;thegoalof

sustainability needs to be the driving force from the very beginning of the project. The architect Fletcher

Farr Ayotte partnered with a team from Glumac, an engineering company that focuses on green buildings

thatwork,tocreateahotelthatisthenewstandardinenergyefcientluxury.Bothrmsarehaveofce

locationsinthesurroundingPacicNorthwestarea,andarededicatedtoproducingstructuresthatfunction

sustainably long after the media publicity fades away.

TheVancouverHiltonisoneofthosesustainablestructures:efcientenergysystemsthatdeliverideal

comfort and air quality, masked by the sleek and elegant exterior of the buildings architecture. The sitehas 226 guest rooms, a 30,000 square foot conference center and a parking garage for guests. Hotels are

facedwiththedifculttaskofbeingahomeawayfromhomeforcountlesstravelers,whichisprobably

whynonehadpreviouslypursuedLEEDcertication.Imaginehowmuchwaterisusedtowash226sets

of sheets, or how much lighting and air conditioning is required for the conference rooms and hallways.

Yet the Vancouver Hilton manages to exceed Washington state 2005 energy codes by 30%, due largely

to its design team intent on reducing building waste, energy and water use and encouraging green living

wherever possible.

Even during the building process, the hotel was exceptional. The Hilton is constructed using recycled

steel and brick that can be broken down and reused, and the majority of building materials were purchased

from local vendors within a radius of 500 miles. 75% of the total material waste generated during the

construction phase was recycled.

Glumac provided the lighting for the Vancouver Hilton. The hotel ballroom features compact chandeliers

madefromrecycledacrylicpanels,andtheentirebuildingsuorescentlightingutilizesxtureswithreduced mercury content. All systems are equipped with occupant sensors that turn off the lighting when

the room is empty, which saves considerable electricity. The Hilton focuses on minimizing the use of

incandescent lighting, which are gradually being phased out of the market worldwide in favor of more

efcientxtures.WhiletheUShaspromisedtocompletelyeradicatetheuseofincandescentlightsbythe

year 2018, Brazil and Venezuela (and the Vancouver Hilton) began phasing them out as early as 2005.

HVAC systems represent approximately 80% of energy use in guest rooms in most large hotels because

occupantcomfortistheprimeobjective.EachHiltonguestroomisoutttedwithHVACoccupancy

sensorsandoperablewindowsforsuperbairqualityandcirculation.Theenergyefcientheatingand

cooling systems uses variable air volume (VAV) systems, rather than constant air volume, to customize

the fan speeds that distribute air depending on a rooms occupancy and distinct HVAC needs. The

conference rooms have CO2 sensors that are interfaced with an outside air supply, counterbalancing the

varying amount of CO2 circulating in the space produced by its occupants. The parking garage is similarly

equipped with sensors to counteract the exhaust from cars.

The average hotel uses between 100 and 200 gallons of fresh water per day per occupied guest room,

sodramaticreductionofwateruseisessentialtocreatinganenergyefcientlodging.TheVancouver

Hiltons landscaping features plants that are native to the Southwest Washington climate, thereby reducing

the amount of water needed for irrigation by 50%. Rainwater is also collected for non-potable uses, and

anyexcesswaterisdirectedintoundergrounddrywellsthatnaturallylteroutanycontaminants.The

bathroomsalsoutilizelowowxturestofurtherreducethehotelswaterconsumption.

Peoplehavebecomewaryofthemediagreenwashingbuildingsthatclaimtobeexceptionally

energyefcient.UponannouncingitsLEEDcerticationinearly2007,theVancouverHiltonreceived

approximately$30millionworthofpressandpublicrelationscoverageasthersthotelintheUnited

Statestobecomecertied.ManyfearedthatLEEDwastheendresultbecauseitdealsprimarilywiththe

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11

building and construction process rather than the functioning of the completed hotel. Because the hotel

hadaheadstartwithLEEDcertication,adoptingtheGreenSealpoliciesseemedlikethenextlogical

step,sayshotelgeneralmanagerGerryLink,Werealizedwehadtothenwalkthetalkandoperatein

agreenmanner.AlthoughmanysustainablebuildingfeatureswerealreadyinplacethankstoLEED,

the Vancouver Hilton spent over a year collaborating with a Green Seal representative before receiving

approvalin2008,makingitthersthotelanywheretobecertiedbytwoofthetopcredibleindependent

organizations for environmentally friendly third party validation.

The most important part of movement towards building sustainability is the capacity to recognize that

our actions affect not just ourselves, but a web that extends outwards to our family, friends and community.

Thehotelencouragespedestriantrafc,andislocateddowntownnearthewaterfrontwithinwalking

distanceofcountlessattractions.Thebuildingissetbackonitsfoundationabovethethirdoor,reducing

the amount of shade the structure casts on Esther Short Park across the street. The parking garage has

limitedspaceforcarstopromoteemployeestouseotherformsoftransportation;thereisevenacharging

station for electric cars! A composting program diverts over 200,000 pounds of natural material from

landllsperyear,andturnsguestsleftoversintovaluablenutrientsforthesoil.

Oneofthemajordeterrentsfromcreatingnewgreenbuildingsisthattheenergyefcientsystemsand

equipment add a considerable extra cost to the initial building price. However, if the primary cost can be

fronted by investors, the result will be an overall less expensive sustainable structure that saves money and

energy. In fact, the Vancouver Hilton earned back the price of its green equipment in approximately two to

three years, while simultaneously generating additional interest. Theres a universe of potential business

outtherefrompeoplelookingtopatronizeagreenerfacility,saysHiltonsregionalpresidentBradHutton,When the notion of going for that [goal] in Vancouver came up, it was up to Hilton to decide if we could

drawmorebusinesstothathotel.Theanswerwasabsolutelyyes.

The Vancouver Hilton hotel and convention center it certainly a prime example of a green building

that works. It proves that despite the large amounts of water, energy and non-renewable resources that

traditionally have gone into constructing functioning hotels, a little bit of careful planning combined with

thecommongoalofcreatinganefcientfacilitycanproducewonderfulthingsforthelocaleconomy,

community and the environment. Gerry Link says, Sustainability is the way of the future. All hotels need

tobeadjustingtothat.Theycertainlyhavealottoliveupto.

louisa Gaylord is the Communications Director at Glumac.remwilson is a Principal and head of the

Mechanical Department at Glumacs Portland, OR ofce as well as a LEED AP. He has extensive engineering

experience with green buildings in the educational, institutional and commercial markets. Mitch Dec is one of

Glumacs Senior Energy Analysts.

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DEQ APRIL 2011 PENALTIESDEQ announced 15 penalties totalling $106,446 for April 2011. To date in 2011, DEQ has issued 50 penalties totalling $364,857.

DEQ mch Pelies

Party & Location Vili(s) Penalty Ss

Randy Hagedorn,

Scappoose

Performing sewage disposal services in Scappoose and in Deer Island without the

required license

$2,482 Appealed

Thomas Ray Moroni,

Ashland

Conducting an unlicensed asbestos abatement project (removing about 2,000 square

feet of cement asbestos board siding from a building) in Jan. 2010.

$8,400 Amount

Due

Kinzua Resources

LLC,

Pilot Rock

ViolatingsolidwastedisposalpermitforPilotRockSawmillWoodwasteLandllby

disposingofwasteatthesitewithoutpriorDEQapproval($12,800);violatingpermit

byfailingtotakeimmediateactiontoextinguishundergroundandsurfaceresat

landll($7,829)

$20,629

(total)

Appealed

Alumaweld Boats Inc.,

White City

Failing to determine if residue generated (paint wastes) at boat manufacturing facility

werehazardous($4,500);failingtoproperlylabelcontainersofhazardouswastewith

thedateonwhichthefacilityrstbeganaccumulatingthewaste($1,125);failingto

labelcontainersofhazardouswasteashazardous($825);failingtoclosecontainersof

hazardous waste ($825)

$7,275

(total)

Appealed

JELD-WEN Inc.,

Klamath Falls

Violating air quality permit at wood products and manufacturing complex by failing

to report to DEQ excess emission events at facility within one hour of occurrence on

veseparatedaysinAug.($2,400);violatingabove-listedpermitbyfailingtotimely

submitportionsofsemi-annualcompliancereportstoDEQ($1,400);submitting

compliancecerticatestoDEQthatdidnotaccuratelyidentifyandaccountforpermit

deviations ($2,600)

$6,400

(total)

Settled

Beall Corporation,

Portland

Violating stormwater discharge permit for trailer manufacturing facility by failing

to visually monitor its stormwater discharge on a monthly basis during the 2009-10

monitoring year, as required

$4,225 Appealed

Sand Works Inc.,

Warrenton

Conducting construction activities at a site greater than one acre (Anne Marie Park

subdivision) in Sept. 2010 without a discharge permit

$11,318 Appealed

Pendleton Flour Mills

LLC,

Pendleton

Violatingaircontaminantdischargepermitforourandgrainmillbyfailingtosubmit

its annual report by its 2/5/11 deadline

$1,425 Penalty

Due

Raymundo Maldonado,

Herlinda Vicente,

Hermiston

Open burning of prohibited materials (including insulation, treated wood, plastics and

food waste) on 2/9/11

$327 Penalty

Due

Hermiston Station

LLC,

Hermiston

Causing wastes (untreated sewage) to be placed in a location where such wastes are

likely to escape to be carried into state waters in Nov. 2010

$2,546 Appealed

Feigner Nursery Inc.,

Portland

Discharging turbid, sediment-laden water runoff from nursery grounds into state waters

at level in violation of state water quality turbidity standard

$8,424 Appealed

Goldstar Enterprise

Inc.,

Forest Grove

Storing hazardous waste (shredded cathode ray tube glass and other ground-up

electronics waste) at electronics recycling facility without a hazardous waste storage

permit($11,307);failingtoprovidenancialassuranceforthesite($8,800)

$20,107

(total)

Appealed

Feenaughty Machinery

Co.,

Portland

Violating stormwater discharge permit for construction and forestry equipment sales,

rental and service facility by failing to visually monitor discharge on a monthly basis

as required

$5,400 Appealed

Northwest Aluminum

Specialties Inc.

The Dalles

ViolatingTitleVairqualitypermitforaluminumsmeltingandreningfacilityby

failing to submit to DEQ its 2010 annual report by its 2/15/11 deadline

$1,700 Response

Due

Environmental Fibers

International Inc.,

Portland

Violating stormwater discharge permit for commercial recycling facility by failing to

conduct all required discharge sampling and monitoring during the 2008-09 and 2009-

10 monitoring periods

$5,788 Response

Due

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DEQ aIr toxICS SCIEnCE

aDVISorY CommIttEE mEEtS

JunE 22

memberswillprovideexpertiseonshort-

termairtoxics benchmarks

Wh: DEQ will host a meeting of the

Air Toxics Science Advisory Committee,

whichisevaluatingthescienticfeasibility of developing short-term air

toxics benchmarks for Oregon. DEQ will

use input from the committee members to

develop these benchmarks. The meeting

is open to the public.

Whe: 8:30 to 11 a.m., Wedensday, June

22;Publicforumatapproximately10:30

a.m.

Whee: DEQHeadquartersOfce Room

EQC-A, 811 SW 6th Ave., Portland

Bcgd: The seven-member Air

Toxics Science Advisory Committee

providesDEQwithscienticandtechnical advice on the states air toxics

program, which aims to reduce toxic air

pollutants that can cause serious health

effects and damage the environment.

At present, the DEQ Air Toxics

programsfocusistoreducesignicant

risks of cancer and other chronic diseases

caused by chronic exposure to air toxics.

The emission reduction measures adopted

to reduce chronic exposures in many

cases also reduce the potential for shorter-

term exposures that could lead to other

health problems.

Oregon has established air toxics

benchmarks for 52 different toxic air

pollutants based on annual average

exposures. With assistance from the Air

Toxics Science Advisory Committee,

DEQ will explore whether or not its

scienticallyfeasibletoalsodevelop

less-than-annual-average air toxics

benchmarks for Oregon.

F if: Gregg Lande, Air Quality

Program, Portland, 503/ 229-6411,

William Knight, Communications &Outreach,Portland,503/229-5680;or

www.deq.state.or.us/aq/toxics/atsac.htm

$33 mILLIon CLEanuP

oF LoWEr DuWamISH

WatErWaYagreementwitheparequiresremovalof

sedimentfromtoxichotspot

One of the most polluted areas of the

Lower Duwamish Waterway will be

cleaned up as a result of a $33 million

settlement agreement among the Port

of Seattle, City of Seattle and the U.S.

Environmental Protection Agency.

The agreement requires the port

and city to implement EPAs cleanup

decision for the Terminal 117 early action

area of the Lower Duwamish WaterwaySuperfund Site. The agreement is a major

milestone that secures the cleanup of

marine sediments next to the terminal,

the former industrial facility on terminal

property and ten acres of soil in nearby

streets and residential areas.

We now have an enforceable

agreement in place to clean up one

of the most contaminated sites on

thewaterway,saidLoriCohen,

AssociateDirectorofEPAsOfce

of Environmental Cleanup. The city

and port stepped up and joined usin a commitment for a cleaner, safer

Duwamish River. This translates into

benetsforPugetSound,wherecleaning

up contaminated marine sediments is a

priority.

Terminal 117 was designated an

early action area of the Lower Duwamish

Waterway Superfund Site because of

the high level of nearby contaminated

sediment in the waterway due to years of

industrial activity.

The Port of Seattle and City ofSeattle will conduct the Terminal 117

cleanup with EPA oversight. The port and

city have conducted previous cleanup

work at the site along with studies of

site conditions that EPA used to make its

cleanup decision. This agreement outlines

the obligations for the full cleanup and

launches the cleanup design process,

which is scheduled to be complete at the

endof2012.Afterthedesignisnalized,

the port will initiate a bidding process for

contractors to complete the work.

The port purchased Terminal 117in 2000 following six decades of asphalt

productproduction,particularlyroong

shingles, by two small businesses. In the

1970s, the city supplied the owner with

inexpensive used fuel oil. Much of this

fuel oil came from citys electrical utility

equipment and contained poly-chlorinated

biphenyls (PCBs), a hazardous substance

that can be harmful to human health and

the environment.

Under the agreement, the port

andcitywillsubmitspecicplansfor

EPA approval for the remaining sediment

removal, upland soil removal and

cleanup of residential areas that could

re-contaminate nearby sediments. In

addition, the areas temporary stormwater

system will be replaced by a permanent

stormwater collection and treatmentsystem.

F if: Hanady Kader, EPA Public

Affairs, 206/ 553-0454, kader.hanady@

epa.gov;orhttp://yosemite.epa.gov/r10/

cleanup.nsf/LDW/Terminal+117

rEVISED WatEr QuaLItYstandardstoimprovehumanhealth

protection

The Oregon Environmental Quality

Commission approved new water quality

standards designed to reduce or prevent

toxic pollutants in Oregon waterways

and add health protections for people

usingstateriversandstreamsforshing,

drinking water and other purposes. The

new state standards will go into effect

pending U.S. Environmental Protection

Agency approval.

The Oregon Department of

Environmental Quality developed the

new standards over the past several

years through a collaborative effort with

EPA, tribal governments and a host of

industrial, municipal and environmentalgroups, as well as through an extensive

scienticreviewandpubliccomment

process. The revised standards are

expected to improve health protection for

those using Oregon waters by requiring

pollution sources to take targeted actions

where needed to reduce toxic pollutants

discharged into those waters. These

actions will in turn help sources achieve

the new water quality standards. Any

neededreductionswillbereectedin

discharge permits these sources operate

under and as called for in the federalClean Water Act.

The commission approved

the standards by a 4-1 margin, with

Vice Chair Ken Williamson saying the

standards provide greater protections

for sensitive populations. As a society we

need to provide these protections. We are

movingintherightdirection.

We realize these new standards

have drawn a great deal of interest

and concern from the business and

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clarifying how it will interact with the

Oregon Departments of Agriculture and

Forestry to help pollution runoff sources

implement management practices to

reduce toxic runoff from farm and timber

lands.

As part of the revisions

approved, DEQ will also offer newpermitting implementation tools to assist

dischargers in making changes. Several

of these tools take into account levels of

background pollutants already present in

a dischargers intake water through intake

creditsandasite-specicbackground

pollutant provision. If a facility cannot

meet discharge limits based on the new

standards, it may be able to qualify for

a variance. It would then apply for a

variance, which includes development of

a pollutant reduction plan approved and

monitored by DEQ. DEQ and EPA havecoordinated and agreed on a process to

review variances expeditiously.

These new standards are one

of several regulatory and non-regulatory

tools DEQ uses to reduce toxics in

Oregon. Other tools include the Pesticide

Stewardship Partnership Program, in

which DEQ works at the local level with

awiderangeofgroupstondways

to reduce pesticide levels in rivers and

streams;andDEQsairtoxicsprogram,

inwhichitworkswithscienticexperts,

neighborhoodgroupsandindustrytond

ways to reduce emissions of toxics into

the atmosphere. DEQ also has helped

develop product stewardship programs

such as Oregon E-Cycles, which via free

recycling of televisions and computers

helps reduce the amount of toxics that

enter the environment. DEQ is currently

drafting a comprehensive Toxics

Reduction Strategy to identify the most

effective,efcientwaysofreducing

toxics over the next several years.

F if: http://www.deq.state.or.us/wq/standards/humanhealthrule.htm .

EPa CLEanuP/

rEVItaLIZatIon aWarDnearly $600,000 totwowashington

communities

EPA is providing nearly $600,000 in

Browneldsgrantsthatwillhelptwo

Washington communities to assess,

cleanup and redevelop abandoned or

agricultural community, legislators and

others who fear they will be overly

restrictive. But DEQ will work closely

with all those affected to ensure these

changes are implemented fairly and

effectively,saidDEQDirectorDick

Pedersen. We will monitor the new

regulations effectiveness and reportback to legislators and others on how

the new standards are working. We feel

strongly that these standards set the

right goals for Oregon waters and, over

time, will form the basis for any needed

improvements in the quality of Oregons

waters, its overall environment, and its

overalllivability.

Background

A gap in the level of human

health protection provided by Oregons

existing water quality standards formedthe basis of EPAs June 2010 disapproval

of Oregons 2004 proposed human

health criteria for toxic pollutants.

EPA determined that the human health

criteria based on a 17.5 grams per day

shconsumptionratedidnotadequately

protect all Oregonians. After EPA

rejected DEQs 2004 rules, the criteria

reverted back to even less protective

valuesbasedonashconsumption

rate of 6.5 grams per day equal to

lessthanone8-ounceshservinga

month. In 2006, DEQ enlisted the aid

ofpublichealthexpertstoexaminesh

consumption studies relevant to Oregon,

and subsequently proposed criteria

basedona175grams-per-daysh

consumption rate equivalent to about

23shorshellshmealsamonth.

EPA deems the 175 grams per

day rate more accurate in depicting

actualshconsumptionbyall

Oregonians, including tribal members,

whoeatmoreshthanthetypical

Oregonian. EPA must approve the newtoxicscriteriabasedonthehighersh

consumption rate, which will likely

happen this year.

The new standards that include

the protective toxics criteria are expected

to affect cities and facilities that are

permitted to discharge one or more

regulated pollutants to state waters.

Forestry, agricultural, construction

and other activities may also be

affected by the new standards. DEQ is

contaminated properties. The funding

is part of more than $76 million in EPA

browneldsinvestmentsacrossthe

country announced this week by EPA

Administrator Lisa Jackson to protect

health and the environment, create jobs

and promote economic re-development in

American communities.The City of Ellensburg has been

selectedfortwobrowneldsassessment

grants for a total of $400,000.

Community-wide hazardous substances

grant funds will be used to identify

browneldsitesandconduct10Phase

I and four Phase II environmental site

assessments. Grant funds also will be

used to conduct community outreach

activities. Petroleum grant funds will be

used to conduct the same tasks at sites

with potential petroleum contamination.

The Colville Confederate Tribeshave been selected to receive $196,720

forhazardoussubstancesbrownelds

cleanup grant. Hazardous substances

grant funds will be used to clean up the

Old Nespelem Post & Pole at the Colville

Confederated Tribes Fish & Wildlife site

(68 Schoolhouse Road, Nespelem, WA).

EPAsBrowneldsprogramworks

with tribal, state and local governments to

provide local communities the tools they

need to assess and clean up abandoned

industrial and commercial properties.

There are few better investments

in community development here in the

NorthwestandAlaska,saidDennis

McLerran, EPA Regional Administrator

inSeattle.Bycreatinglocalbrownelds

assessment and redevelopment

partnerships, many communities have

demonstrated dramatic success by

delivering good-paying jobs, boosting

local economies and protecting public

health.

F if: Mark MacIntyre, EPA Public

Affairs,206/553-7302;orCityofEllensburg Department of Community

Development, 509/ 962-7231

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Je 21 Ca

Water/Energy Nexus in

California Conference,

S Dieg. Sheraton Suites

at Symphony Hall. For

info: Law Seminars Intl,

800/ 854-8009, email:registrar@lawseminars.

com, or website: www.

lawseminars.com

Je 23 Ca

Climate Change & Local

Plig Segies

Course, Sacramento.

Sutter Square Galleria,

2901 K Street. For info:

UC Davis Extension,

800/ 752-0881 or www.extension.ucdavis.edu/

landuse

June 24 WA

Solar Power Seminar,

Seattle. For info: The

Seminar Group, 800/

574-4852, email: info@

theseminargroup.

net, or website: www.

theseminargroup.net

June 27 OR

Risk Assessment, Fish

Consumption & Portland

Harbor Superfund Site

Workshop, Portland.

World Trade Center Two.

For info: Environmental

Law Education Center,

503282-5220 or

June 29-July 1 IDWestern Governors

Assn Annual Meeting,

Coeur dAlene. Coeur

dAlene Resort. For info:

WGA, www.westgov.org/

July 13 WA

NEBC Rooftop Mixer,

Seattle, K & L Gates

Ofce, 925 Fourth Avenue,

7th Floor Patio. For info:

Northwest Environmental

Business Council, 503/227-6361 or www.nebc.org

July 16 CA

American River: Ecology,

Resource Management &

Whitewater, Lotus. For

info: UC Davis Extension,

800/ 752-0881 or www.

extension.ucdavis.edu/

landuse

July 18-20 CAWild & Scenic Tuolumne

River: Ecology & Water

Resources Management

Course, Groveland. For


800/ 752-0881 or www.


landuse

July 20 CA

Agricultural Water UseEfciency Workshop,

Sacramento. Cal/EPA

Bldg., 1001 I Street.

Presented by State Water

Resources Control Board.

For info: Steve McMasters,

SWRCB, 916/ 341-5716,

smcmasters@waterboards.

ca.gov or www.calepa.

ca.gov

July 25-27 CAWild & Scenic Tuolumne

River: Ecology & Water

Resources Management

Course, Groveland. For


800/ 752-0881 or www.


landuse

July 27-29 OR

Western States Water

Council Summer

Meeting, Bend. The

Riverhouse Hotel &

Convention Ctr. For info:

WSWC, www.westgov.org/wswc/166mtg.html

August 8-9 CA

Groundwater: Cities,

Surburbs & Growth

Areas - Remedying the

Past/Managing for the

Future Conference,

Los Angeles. Hilton Los

Angeles Airport. For info:

National Groundwater

Assn, 800/ 551-7379 orwww.ngwa.org/

August 15 CA

Southern California

Stormwater Conference,

Los Angeles.

TENTATIVE. For info:

Law Seminars Intl,

800/ 854-8009, email:

registrar@lawseminars.


lawseminars.com

August 17 CA

2011 Regulatory Summit:

Managing Water Quality

in Todays Regulatory

Environment, Pasadena.

Hilton Hotel. Sponsored by

Assn of California Water

Agencies. For info: www.

acwa.com/events/

August 21-25 CA

10th Annual StormCon

Conference & Exposition,

Anaheim. Anaheim

Mariott. For info: www.

instreamowcouncil.org/

ow2011

August 25-26 CA

CEQA Conference,

San Francisco. Hotel

Nikko. For info: CLE

International, 800/ 873-

7130 or website: www.cle.

com

August 31 WA

Environmental Crimes

& Penalties Seminar,

Seattle. For info: The

Seminar Group, 800/

574-4852, email: info@

theseminargroup.


theseminargroup.net

September 13-14 WA2nd Annual Pacic

Northwest Climate

Science Conference,

Seattle. UW - Kane

Hall. For info: http://

cses.washington.

edu/cig/outreach/

pnwscienceconf2011/

September 22 CA

Continuing LegalEducation for Water

Professionals, San Diego.

Hotel Solamar. Sponsored

by Assn of California

Water Agencies. For info:

www.acwa.com/events/

September 22-23 ID

Idaho Water Law

Conference, Boise.


Law Seminars Intl,800/ 854-8009, email:

registrar@lawseminars.


lawseminars.com

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(continued from previous page)

September 22-23 CA

2011 ACWA Continued

Legal Education for

Water Professionals, San

Diego. Hotel Solamar.

Sponsored by Assn

California Water Agencies.

For info: www.acwa.com

September 23 OR

Solar Installation

Seminar, Portland. For

info: The Seminar Group,

800/ 574-4852, email:info@theseminargroup.


theseminargroup.net

September 27-29 OR

Rainwater Harvesting

& Stormwater Control:

2011 ARCSA Conference,

Portland. Monarch Hotel

& Conf. Ctr. Sponsored

by American Rainwater

Catchment Systems Assn.

For info: www.arcsa.org/

September 30 CA

California Environmental

Quality Act Conference,

Santa Monica. For info:Law Seminars Intl, 800/

854-8009, email: registrar@

lawseminars.com, or

website: www.lawseminars.

com

October 4 WA

Perspective on Water

Quality Issues Across

Washington State -

AWRA-WA Annual

Conference, Seattle.

Seattle University. For info:

AWRA-WA: http://earth.

golder.com/waawra/ASP/

Home.asp

October 12-14 CA

Northern California

Tour: SacramentoValley, Sacramento. For

info: Water Education

Foundation, 916/ 444-6240

or www.watereducation.org

October 13-14 OR

Environmental Law:

The Year in Review -

Environmental & Natural

Resources Section

Annual CLE, Troutdale.

McMenamins Edgeeld.

For info: www.osbar.org

October 14 WA

Wetlands in Washington

Conference, Seattle.


Law Seminars Intl, 800/854-8009, email: registrar@

lawseminars.com, or

website: www.lawseminars.

com

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