• Update on Conway Agreement, CMAX funds, NWDA Board meeting.
• Discussion of meeting with Alex Yale, architect for Anderson Construction, a developer
working in the Con-way area.
• Odor complaints
• Cascade Rubber Products, 1828 Quimby. What will be the next step?
• Responses to meeting with Josh Alpert, the Mayor’s Sustainability Policy Director.
• What’s in Our Air? Should we do business cards to educate about odor complaints and
promote our work?
Hope to see you there.
Kathy Sharp, Acting Chair, NWDA AQC
A neighbor discusses the arguments in a recent article.
At the November 18th NWDA Board meeting, the “CE John and NWDA Clean Diesel and Conduct of Construction Good Neighbor Agreement: Conway Master Plan” was unanimously approved by the Board of Directors. The agreement is: final draft GNA 5761688_8; with two attached exhibits:
This agreement addresses the following aspects of construction of the Con-way Master Planned properties:
- Diesel Emissions Reduction Management
- Access Management
- Traffic Management
- Safety, Security and Construction Site Management
The agreement was originally to be with Con-way, through this arrangement places the term of the agreement in the hands of Con-way’s master developer who will own and manage the projects as they unfold. Thomas DiChiara, Senior Vice President of Development for CE John attended the meeting and expressed the firm’s commitment to clean and well-managed projects in the Northwest district. CE John has already constructed major projects in the neighborhood including the Benevento, the Ida Fuller and Sawyer’s Row. All have received positive feedback from the NWDA’s Planning Committee.
While Exhibit D, above, is in final form, Exhibit C is subject to adjustment as it is employed for the first project, as that technical scoring framework is new and untested.
The Oregon Department of Environmental Quality that supported this effort is awaiting final word on a Federal Highway grant that would assist with the retrofit of construction equipment to meet current EPA clean diesel standards.
NWDA has been led in this effort by Board member, Kathy Sharp, and Air Quality Committee Chair, Sharon Genasci, with further support from Board President Phil Selinger and environmental attorney, David Paul. DEQ also provided valued support.
The NWDA is appreciative of the voluntary engagement of both Con-way and CE John in the preparation of this draft agreement. Much work remains to apply the agreement to the first Con-way Master Plan property, Block 296, which will include a New Seasons grocery store. That project is scheduled to break ground in early 2014.
November, 8, 2013
The meeting was held at Friendly house, and began with introductions, though no public was there, except for Allan Classen from NW Examiner.
Quarterly meeting dates were set for the next year.
Mary Peveto and John Krallman (NCA, Neighbors for Clean Air)
gave a status report on the air quality monitor planned for Chapman Elementary School. Esco has donated $25,000.00 to monitor at the school. Early December or early January draft plans will be sent out, and training will begin, showing people how to set up the monitor and how to break it down. Among others, they are working with Linda George from PSU. They are planning on students from PSU helping with the monitoring, which will be for particulate, pm10 and pm 2.5.
The draft monitoring plan will be brought to the NAC for approval.
The Subcommittee for the Emergency Response Plan, Bob Holmstrom, NWDA, Tom Giese from NCA, Shannon Huggins and Travis Quarles from Esco, is working on an effective plan, should there be an emergency (fire, baghouse failure etc) at Esco. It will utilize information gathered by NCA in a survey sent out to neighbors asking for their suggestions in such a situation. Ninety neighbors responded. Sharon suggested that NWDA hold a meeting to release to the neighbors the Emergency Response Plan once it is completed.
Regarding the controls that Esco undertook to complete over the five years of their permit, numbers 3 & 10 have been completed now. Currently they are working on dust collection for projects 1,5,6 and 7 (attachment A, GNA). See Portland Neighborhood Advisory Committee (NAC) .com on line.
New binders with 35-40 per cent less phenol are being tested at plant 3 and new binders (still using phenol) are being also tested at plant 1.
There were a couple of violations at the plant during the last quarter, one on July 17, 2013. The baghouse did not function properly, and Esco was fined $2,200.00.
NWDA Air Quality Committee Meeting
November 11, 2013
Present: Judy Grace, David Arrow, Kathy Sharp, Bob L, Phil Selinger, Max Brunke, Sarah Taylor, Mike Liefeld (City of Portland) Sharon Genasci
Mike Liefeld, Enforcement Program Manager, Bureau of Development Services, City of Portland, was our invited guest. Some people on our committee are having problems with restaurant smoke and food smells occupying their homes and gardens. It occurred to us that it would be good to speak with the enforcement officer at the City about tools available to citizens to correct this situation. It also seemed like a good opportunity to think of our airshed as a commons, owned by all of us, and necessary to our lives. We wanted to know what is being done on the policy side in this state to regulate the many new and changing businesses that use the airshed to get rid of their smoke and gaseous waste.
First, it was gratifying to learn that unpermitted odor complaints can be addressed at the City by calling Michael’s office at 503 823 2633 or submitting an online complaint form at, www.portlandoregon.gov/bds and click on the Enforcement tab. Businesses that are permitted are enforced through the DEQ. In citing an odor complaint it is always important to include the source of the odor if possible. His office has code authority to levy fines or set code enforcement fees up to $600.00/month if the standard of the code is found to have been violated. He suggested that the best way to trigger a City investigation is to keep a log of the odors, time, duration and place over a period of some days. This gives the City people an idea of the frequency and duration of problem odors. The odor must exceed fifteen minutes to violate the code.
We also discussed the policy side for these types of emissions. Policy would most likely fall under the Bureau of Planning and Sustainability. Little is being done, as far as any of us knows. It was suggested that someone at the City level should be doing research to see how cities in California, for example, are regulating new business’ emissions into the airshed through smokestack requirements for scrubbers or other means. We decided to write the City asking for information.
Kathy, Phil and Sharon then briefed the group on the latest regarding the Clean Diesel & Conduct of Construction Good Neighbor Agreement (GNA), which is now with CE John, rather than Con-way. CE John is the developer for the New Seasons Store (starting construction in January, 2014, owner of various other Con-way properties, and is the main developer in the Con-way Master Plan Area.
Phil, Kathy, David Paul (NWDA attorney) and Sharon met on November
11th with Con-way attorney, Jill Long and CE John representative, Tom Di
Chiara. This was probably the last of the meetings taking place over a year to develop a GNA with high standards that would protect the neighborhood from diesel particulate, a known carcinogen. The final draft of the GNA is being prepared by Jill Long, but the group is feeling that few issues remain now between the two parties.
Finally, a couple of neighbors at the meeting live in the Pearl in a tower block on 9th and Lovejoy. They described problems with fuel and other odors at their 14th floor apartment. It was thought that some of the odors may come from Amtrak or from barge loading on the river.
NWDA Air Quality Committee Meeting Agenda,
(November 11, 2013, Breakfast Room, Silver Cloud Inn, NW 24th Place & Vaughn, At 7:00 p.m.)
• Michael Liefeld, Enforcement Program Manager, Bureau of Development Services, City of Portland will discuss City rules regarding air pollution and small businesses. Lisa Higgins, Manager of Papa Haydn will participate in the discussion.
• Feedback from Kathy and Sharon about the status of the Clean Diesel & Conduct of Construction GNA, which continues now with CE John taking the lead from Con-way.
• Website issues/ideas
• Other business
Minutes, NWDA Air Quality Committee Meeting
Present: Kathy Sharp, Phil Selinger, Bob L, Evan Farnham, Jorjan Parker, Sharon Genasci
We met in the Breakfast Room at the Silver Cloud Inn and started the meeting with an update from Kathy and Sharon about the NWDA-Con-way Clean Diesel & Conduct of Construction GNA that they have been negotiating (along with Phil Selinger, Board President, Kevin Downing, DEQ and David Paul, NWDA lawyer) for just over a year. The next negotiating meeting will be on October 28th. First, we did not get the Penstemon grant we applied for ($100,000.00) to pay for third party oversight (now called NWDA validation).
To date we have agreed with Con-way on:
• EPA Tier 4 emission rating (or EPA equivalent for retrofit equipment) the standard rating for all significant equipment on the construction sites.
• A NWDA designee with appropriate safety training will be allowed onto the site to validate the equipment logs and conduct on-site spot checks of equipment against those records.
• The GNA Provisions will apply to any and all construction contracts and subcontracts in the Con-way Master Plan area over the next ten years.
• Contractors will keep records of construction equipment and the extent of use.
• Mediation that is conducted by an agreed upon source , i.e., Resolutions Northwest, to address disagreements in the execution of the GNA.
Kevin and Phil have also worked with a tool used in Chicago that measures emission management performance. With inputs such as model year, time on site etc. It assigns a numerical value to equipment, providing the contractor and NWDA validator a way of assessing progress in reducing emissions, and a way to arrive at exceptions.
These are at this stage informal agreements, as we do not yet have a final GNA agreement signed. But the good progress is cause for optimism.
Bob and Sharon spoke about the odor complaints, which at this time of year usually are reduced, because the wind characteristically blows to the north this season, and through the industrial area into our neighborhood in summer months. We are, however, getting quite a few odor complaints from North and NE Portland, mainly from the Swan Island area.
October 14, 2013
Breakfast Room, Silver Cloud Inn
NWDA AQC Agenda
1. Update on NWDA/Con-way Clean Diesel GNA negotiations – Kathy & Sharon
2. Update on Odor Complaints & website – Bob L
3. Discussion about new Work Plan -Sharon
4. Funding opportunities – Sharon
5. Other Business
9.9.13 Air Quality Committee Minutes
Present: Kathy Sharp, Bob L, Jorjan Parker, Evan Farnham and Sharon Genasci
First off, Kathy and Sharon updated the Committee on the status of the Clean Diesel/Conduct of Construction Good Neighbor Agreement with Con-way. The next meeting is scheduled for September 25th in Lane Powell’s offices.
Sharon thanked the Committee for suggesting at the last meeting that we should ask for City support for this project.
The result was an excellent letter from Mayor Charlie Hales, which was submitted along with support letters from Physicians for Social responsibility (PSR) and Con-way for our application (written by Phil Selinger, NWDA Board President) to the Penstemon Fund for $100,000.00 to pay some of the costs for third party oversight once the agreement is signed.
The Scope of Work for third party oversight of the project will be worked out along with the legal language of the agreement. David Paul, lawyer for NWDA in the negotiations is working on legal language with Jill Long, Lawyer for Con-way. We have also had some help from Wendy Chung, NWDA Board member with legal language.
To date we have not agreed certain important aspects of the
final agreement, but we are hoping to move ahead with these things at the next meetings. We have agreed on tier 4 as the target diesel emissions reduction (95 per cent).
Kathy pointed out that certain items in earlier drafts of the GNA have been dropped, because we have focused mainly on diesel reduction and retrofitting and oversight. A few of these include, no idling, no parking near air intakes, agreement to plug into stationary power sources when possible.
Jorjan then asked to be taken off the NAC (Neighborhood Advisory Committee for the ESCO GNA). Sharon said she would try to find a replacement.
A discussion followed about current air quality problems from other sources. Several members have noticed a new sweet, chemical odor that is upsetting their enjoyment of their homes and gardens. Two complaints on this odor were submitted and ESCO has agreed that it probably came from their plant 3. They are experimenting with
a new binder that uses less phenol, which may be the source of the new odor, though ESCO has not confirmed that.
Bob L suggested we apply for the Metro grant, and there was some discussion about this, but no decision taken,
Bob L also talked about the City’s Nuisance rule, which can offer neighbor’s some support when they have problems with a local air pollution source. Neighbors can call 503 823 2633 for information.
Kathy spoke about the Work Plan for our committee, and we decided to submit the same Work Plan from last year.