From: NUTTALL Christie

Sent: Thu Nov 15 12:08:05 2012

To: 'cmaxted@zerowaste.org'; 'dean@ecoregon.com'; 'duckyrecycler@verizon.net'; 'jmiller@saintmarys.edu'; 'joshua.proudfoot@goodcompany.com'; 'jpowell@resource-recycling.com'; 'jsurma@s4energysolutions.com'; 'lleebrick@westernoregonwaste.com'; 'culum@agilyx.com'; 'mbradley@potb.org'; 'mstern@wm.com'; 'rickw@co.clackamas.or.us'; 'roy.brower@oregonmetro.gov'; 'thad.roth@energytrust.org'; 'tomr@reklaim.com'

Cc: PICKERELL Loretta; SPENDELOW Peter H; BARROWS Bob; FULLER Brian; RAWSON Stephanie; VANDEHEY Maggie; PURCELL Jennifer; RHOADES Cathie

Subject: DEQ: Conversion Technology Rulemaking: Final Drafts

Importance: Normal

Attachments: StatementofCostofCompliance.pdf;

 

Dear Conversion Technology Rulemaking Advisory Committee members:

The final drafts of the Conversion Technology rules are now available on the Conversion Technology Rulemaking website, for your review and comment. Due date for your comments and thoughts is Monday, December 3, 2012.

As before, these draft rules include amendments to Oregon Administrative Rules, Division 93: Definitions and Applications, Division 96: Anaerobic Digestion and Composting, Division 96: Conversion Technology New Rules and Division 97: Fee Rules. All significant changes (and some not-so-significant changes) that have been made since the last version you reviewed are highlighted in red.

Rule changes of particular note are:

Division 93: Definitions and Applications

· clarification in the “feedstock” definitions

· establishment of a new definition for “treatment facilities”

· clarifications of and additions to the types of solid waste disposal sites that may not need a permit.

Division 96: Anaerobic Digestion and Composting

· Addition to the composting facility performance standards of a requirement to demonstrate ability to store liquid digestate.

· Identification of operational standards to demonstrate pathogen reduction for liquid digestate.

· Identification of testing standards for liquid digestate

Division 96: Conversion Technology New Rules

· Amendments to the exemption standards for conversion technology facilities

· Amendment to the criteria for determination of a low-risk facility

· Amendments to the performance standard criteria for conversion technology facilities

Division 97: Fee Rules

· Adjustment to the application fees paid by new conversion technology facilities

· Clarification of fees to be paid by various types of solid waste disposal sites

We also have added an additional rulemaking document that covers some “housekeeping” changes, titled Div. 64 & 95: Housekeeping Amendments related to Financial Assurance. These housekeeping changes fix incorrect rule references and grammatical corrections. Please provide any comments related to this document also.

At this time DEQ does not plan to hold another Advisory Committee meeting, unless an issue exists related to these rules that requires the full committee to convene. We intend to work individually with committee members on specific comments or questions. Committee members will have additional opportunity to comment on the draft Conversion Technology rules during the public comment period, scheduled for the month of January 2013. Note: the final version of the rules that go out for public comment may differ from this version as the Department of Justice has not yet completed its review of these draft rules. The final Conversion Technology rule package will be presented to the Environmental Quality Commission for adoption in March 2013.

Also included in this e-mail, is a Statement of Cost of Compliance document. DEQs rulemaking protocols require Advisory Committee members to review and provide comment on the items identified in this document. We ask that in addition to the rule drafts, that you please review this document and provide any thoughts, questions or comments. Due date for comments also is Monday, December 3, 2013.

If you have any questions about these documents or the rulemaking in general, please contact Bob Barrows by e-mail at barrows.bob@deq.state.or.us or by phone at 541/ 687-7354.

Thank you for your time and efforts with this rulemaking.

Christie Nuttall

DEQ

Land Quality Division - Solid Waste

811 SW 6th Avenue

Portland, OR 97204

503-229-6832

nuttall.christie@deq.state.or.us

1-800-452-4011 (Oregon)