HOUSE OF REPRESENTATIVES SPEAKER OF THE HOUSE April 8, 2016 Joni Hammond, Interim Director Oregon Department of Environmental Quality SENT VIA EMAIL Dear Director Hammond: On March 18, 2016, the Department of Environmental Quality issued a Nuisance Order Panel Review Report, pursuant to OAR 340-208-0310, concluding that Daimler Trucks North America (DTNA) is not causing a nuisance odor that is adversely affecting North Portland residents. As the representative of these residents and a co-convener of the Swan Island-North Portland Air Quality Forum, I strongly urge you to direct the Nuisance Odor Panel to delay final determination and have DEQ’s Northwest Region staff review additional information for the purpose of reconsidering their recommendation. Researchers at the University of Portland conducted an extensive, scientifically-sound study of nuisance odors in the same area that was contemporaneous with the department’s investigation. Their results show paint odors were the most frequently detected odors and that these odors were coming from DTNA’s truck manufacturing plant on Swan Island. Their analysis is based on more odor observations than the department’s study and includes additional information on the meteorological conditions that contribute to the problem. It is imperative that the department consider all available scientific information to determine whether a nuisance odor has occurred and continues to occur. Furthermore, upon initial public review of the investigation methodology, I am concerned that the evidence collected and the subsequent analysis may be flawed and might not provide an accurate assessment of the nuisance odor situation. I believe a third-party review of the methodology is warranted. My constituents who live above Swan Island and the DTNA facility are justifiably frustrated and feel abandoned by the agency that is charged with safeguarding the health and livability of their community. Now, more than ever, they expect the department to complete evidence-based investigations, utilizing all available credible data, to evaluate fully the negative impacts from regulated facilities. I expect nothing less as well. Thank you for your attention to this urgent matter. Sincerely, State Representative Tina Kotek Speaker of the House House District 44, North/NE Portland cc: Nina DeConcini Gabriela Goldfarb