EQC staff report last version 2.21.19

DETP/19/46368

''Thursday, August 1, 2019 at 8:52:42 AM (GMT+07:00) Goldstein, Meyer:'' TEMPORARY ADMINISTRATIVE ORDER INCLUDING STATEMENT OF NEED & JUSTIFICATION DEQ 8-2019 CHAPTER 340 DEPARTMENT OF ENVIRONMENTAL QUALITY FILED 02/25/2019 3:55 PM FILING CAPTION: Temporary amendment to special rules pertaining to composting pathogen reduction 2019 EFFECTIVE DATE: 02/26/2019 THROUGH 08/24/2019 AGENCY APPROVED DATE: 02/25/2019 AMEND: 340-096-0140 RULE TITLE: Special Rules Pertaining to Composting: Pathogen Reduction RULE SUMMARY: Temporarily amend the rule to exclude anaerobic digesters not located at an agricultural operation from meeting certain pathogen reduction requirements. DEQ added anaerobic digestion requirements to the DEQ compost rules in 2013. The current rule language applies requirements inconsistently to anaerobic digesters based on where the facility is located. The proposed temporary rule amendment corrects this oversight until DEQ can adopt a permanent rule. Before 2013, the Port of Tillamook Bay’s anaerobic digester operated under a DEQ solid waste treatment permit. After adding anaerobic digester requirements to the compost rules, DEQ issued a new compost permit to POTB’s anaerobic digestion facility in 2013. This permit allowed the facility, which is not located at an agricultural operation, to digest manure only. At the time, DEQ incorrectly considered the POTB digester an agricultural operation and the 2013 permit did not require POTB to meet the pathogen reduction limits or testing requirements because the liquid digestate was to be returned to farmland for land application. In October 2018, DEQ issued a permit modification to authorize the POTB to accept additional feedstocks for digestion. While issuing the modification, DEQ, after consultation with the Oregon Department of Agriculture determined that the POTB digester did not meet the definition of an agricultural operation and identified the inconsistency in the rule that would subject the POTB facility to a standard that was not meant to apply to manure digesters. The result would create inconsistent regulation between similar operations. To address this issue, DEQ included a permit condition to allow the POTB to land apply liquid digestate at agronomic rates in compliance with an Oregon Department of Agriculture approved nutrient management plan. In December 2018, DEQ received a petition to reconsider the POTB permit modification decision. DEQ determined that the rule amendment is urgent to provide regulatory and legal certainty to non-agricultural operations, ensuring they can manage liquid digestate in a manner similar to an agricultural operation. The proposed temporary rule would allow the POTB, and other digesters not located at agricultural operations, to be commercially viable while providing safe and effective manure management and the environmental benefits of pathogen reduction and methane capture. Page 1 of 7 DEQ has allowed the Oregon Department of Agriculture (ODA) to regulate digesters located at agricultural operations under Confined Animal Feeding Operation (CAFO) water quality permits. Manure digesters located at CAFO-permitted agricultural operations are exempt from pathogen rule requirements while those not co-located with agricultural operations must meet the requirements. DEQ did not intend for this result when the compost rules were adopted. In fact, DEQ has treated off-farm digesters the same as on-farm digesters until learning that the off-farm digesters were not considered agricultural operations. In most instances, liquid digestate from anaerobic digesters is applied on agricultural lands at agronomic rates under a CAFO permit and ODA-approved nutrient management plan. DEQ researched EPA and other states’ digestate management requirements and consulted with the Oregon Department of Agriculture. Soil application of liquid digestate at agronomic rates is a safe and appropriate management method. Furthermore, the land application of digested manure is more environmentally protective than the land application of raw manure, given the pathogen and methane reduction benefits. The proposed temporary rule modification would provide an exemption from the pathogen reduction testing limits for liquid digestate from digesters not located at agricultural operations, provided the liquid digestate is applied to soil at agronomic rates.