About the Environmental Quality Commission

The Environmental Quality Commission (EQC) is a five-member citizen panel appointed by the governor for four-year terms to serve as DEQ’s policy and rulemaking board. In addition to adopting rules, the EQC also establishes policies, issues orders, judges appeals of fines or other department actions, and appoints the DEQ director.

Membership

The Commission consists of five members, appointed by the Governor, subject to confirmation by the Senate as provided in ORS 171.562 and 171.565. [ORS 468.010(1)]

The term of appointments is four years, beginning July 1. Terms are staggered so that at least one member is subject to appointment each year. In case of a mid-term vacancy, the Governor makes an appointment effective for the balance of the unexpired term. A member is eligible for reappointment but may not serve more than two consecutive terms. [ORS 468.010(2)]

Members of the EQC are entitled to compensation and expenses as provided in ORS 292.495 [ORS 468.010(3)]

Federal environmental laws effectively prohibit persons with a "conflict of interest" from serving on the EQC. In general, a person would have a conflict of interest if 10 percent or more of their gross income for a calendar year (or two previous years) came from a source regulated by the Department. The percentage is 50 percent if a person is over 60 years of age and the income is received under retirement, pension, or similar arrangement.

Responsibilities

The EQC adopts rules and standards as it considers necessary and proper to carry out statutory direction. [ORS 468.020]

Most implementing action are carried out by the Department pursuant to statute and implementing rules (i.e. issuance of most permits, approval of plans, issuance of civil penalties, etc.) As provided by specific statutes and EQC rules, decisions of the DEQ Director may be appealed to the EQC pursuant to the provisions of the Administrative Procedures Ace (ORS Chapter 183) for contested cases. Commission determinations in such cases may be appealed to the Oregon Court of Appeals.

In selected instances, statutes specify that the Commission, rather than the Department, is the administrative decision-maker (i.e. issuance of a license for a hazardous waste disposal site; siting of a solid waste landfill for the Portland metropolitan area).

Meetings

The EQC meets approximately every six weeks. A schedule of meetings is maintained on DEQ's Calendar of Public Meetings and Environmental Events.

Meeting agendas are mailed to a mailing list two weeks in advance of the meeting. Agenda materials (staff reports) are available to the public upon request after materials have been mailed to the EQC.

Meeting agendas routinely include:

• Approval of Minutes
• Approval of Tax Credits
• Adoption of Rules
• Action Items (other than Rule Adoptions)
• Informational Items
• Public Forum
• EQC Member Reports
• Director's Report

 

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