From: PICKERELL Loretta
Sent: Wed Jun 13 14:11:12 2012
To: NUTTALL Christie; PERRY Marylou
Subject: FW: E-Cycles Registration Fees - Notice of Proposed Rulemaking
Importance: Normal
Attachments: EC RM Commenters; Christie and Mary Lou - I cannot recall where Christie stores the most current email list for the rulemaking advisory committee/interested parties – but I know she has one in our central files. I do not have time to figure that out or reconstitute a list this afternoon. Will you please let me know where that list is when you return tomorrow, Christie, and we’ll get this out then. Thanks Loretta From: PERRY Marylou Sent: Wednesday, June 13, 2012 1:29 PM To: PICKERELL Loretta Subject: FW: E-Cycles Registration Fees - Notice of Proposed Rulemaking Loretta – I am not sure that forwarding this e-mail will get you all these e-mail addresses…However, I did attach the e-mail addresses of the commenters. Mary Lou From: PICKERELL Loretta Sent: Friday, March 30, 2012 17:25 To: 'Bailey Payne'; 'Becky Jarvis'; 'Betty Patton'; 'Craig Lorch'; 'Erik Stromquist'; 'Gail Zuro'; 'Jason Linnell '; 'Jeff Kuypers'; 'Jim Craven'; 'Lee Fortier'; 'Mary Jacques'; 'Michael Moss'; 'Mike Watson'; 'Scott Klag'; 'Tim Rocak' Cc: 'aeudis@wm.com'; 'bhenry@bentonhabitat.org'; 'bpeterson@universalrecyclers.com'; 'cmanley@sanyotv.com'; 'cspivey@ecsrefining.com'; 'D. Diaz'; 'dkumar@warren-news.com'; 'Frank Marella '; 'Gregg Chason'; 'paulpony4@hotmail.com'; 'tirvine@TotalReclaim.com'; 'Tricia Conroy '; 'vernamr@us.panasonic.com'; 'walcorn@ce.org'; 'katt.fretwell@tek.com' Subject: E-Cycles Registration Fees - Notice of Proposed Rulemaking Advisory committee and interested parties, This afternoon DEQ will be publishing a Notice ofProposed Rulemaking to open public comment on proposed E-Cycles manufacturer registration fee rules. The public comment period includes a public hearing on April 16 and closes at 5 PM on April 27. For the most part, the proposed rules include the elements we discussed at our recent advisory committee meetings. a) The proposed rules include target revenue – now called “revenue need” – and a six-tier fee structure and process to distribute revenue need among manufacturers each year. The process includes a $35,000 cap, $200 minimum fee, and $200 flat fee for Tier 6. b) The proposed rules include the revenue need we discussed for FY 13 (FY beginning July 1, 2012) and FY 14: $415,000 and $435,000 respectively. However, instead of providing a process for DEQ to revise revenue need after consultation with an advisory group, the proposed rules also establish the revenue need for FY 15 at $435,000 and FY 16 at $465,000 (includes an estimate of cost increases such as salary adjustments, health care). The revenue need for FY 16 would be used for subsequent years unless the rules are revised. A new Revenue Need document describes the expenditures included in each year’s revenue need. The proposed rules allow DEQ to reduce revenue need by the amount revenue exceeds actual costs for previous years and to increase revenue need by the amount of uncollected fees owed in prior years. Otherwise, changes in revenue need require a rule amendment. This is the most conservative of the approaches for revising revenue need that we discussed with you. c) The proposed rules also describe the process DEQ will use to calculate fees for 2012. It is the process we discussed at the last advisory committee meeting. All manufacturers will pay registration fees for 2012 under the existing fee schedule. If the EQC adopts the proposed rules, DEQ will determine the difference between revenue under the existing fee structure and revenue need for 2012 – the revenue shortfall. DEQ will then compare the fees each manufacturer pays under the existing fee schedule and the fees each would pay under the proposed fee structure. DEQ will bill the manufacturers that owe $200 or more under the proposed fee structure for their share of the revenue shortfall as determined by their respective new tier’s market share. The shortfall for 2012 is approximately $75,000. d) The proposed rules also describe the process DEQ uses to notify manufacturers of their preliminary market share and registration fee tier determinations each year and provide an opportunity for comment before making final determinations. Please let us know if you have questions of concerns about the proposed rules or rulemaking process. You can reach Jordan Palmeri at (503) 229-6766 or palmeri.jordan@deq.state.or.us; Mary Lou Perry at (503) 229-5731 or perry.marylou@deq.state.or.us; or me. We welcome discussing the proposed rules with you. Please note, however, that any comments you want DEQ to include in the rulemaking record and address in our response to comments must be submitted either in writing or at the public hearing before close of the public comment period. We have not scheduled any more advisory committee meetings at this point, but will evaluate the need to do so after reviewing comments on the proposed rules. We have enjoyed working with you and sincerely appreciate the perspectives, expert advice and effort you have provided for this rulemaking. Loretta Loretta Pickerell, Manager Solid Waste Policy and Program Development Oregon Department of Environmental Quality 811 SW Sixth Ave. Portland, OR 97204 503-229-5808, fax 503-229-6977 pickerell.loretta@deq.state.or.us