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Beneficial Use of Solid Waste Rulemaking. ODOT Geo/Hydro/HazMat Conference September 22, 2009 Lincoln City, Oregon Tom Roick Senior Policy Analyst Oregon Department of Environmental Quality. Presentation Outline. Why rulemaking? Examples of beneficial uses Stakeholder perspectives
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Beneficial Use of Solid WasteRulemaking What‘s It all About ODOT Geo/Hydro/HazMat Conference September 22, 2009 Lincoln City, Oregon Tom Roick Senior Policy Analyst Oregon Department of Environmental Quality
Presentation Outline • Why rulemaking? • Examples of beneficial uses • Stakeholder perspectives • Draft rule sections • Key issues • Examples of how this will work • Rulemaking schedule
Why Rulemaking? The main reasons 1) DEQ receives requests from industries to approve the use of solid wastes in lieu of permitted disposal 2) DEQ staff would like a better tool for reviewing and approving these requests, and authorizing generally accepted beneficial uses 3) Beneficial use is increasing, and many states have beneficial use programs
Examples of Beneficial Use • Spent foundry sand from the steel industry used as a substitute for virgin sand in making concrete • Scrap asphalt roofing shingles used as a component of asphalt pavement for roads • Dredged sediments used for fill material on upland construction projects • Log and mill yard fines used for soil amendments
Current Review Process and limitations • DEQ reviews proposals to use solid waste on a case-by-case basis, based on rules and process designed for permitting disposal sites • To approve beneficial uses, DEQ may issue permit exemptions or Solid Waste Letter Authorizations (SWLA). SWLAs were not designed for authorizing beneficial uses of solid waste • DEQ guidance may help, but we need the authority through rules adopted by the Environmental Quality Commission to issue beneficial use determinations
Stakeholder Perspectives on Beneficial Use A range of opinions • Our industrial by-products aren’t waste; surely you don’t intend to start regulating them? • Recycling is a good thing, don’t impose new regulations. • Please explain how DEQ currently regulates ______. • We need a better, faster process for reviewing and approving beneficial uses of solid waste. • We need DEQ approval to effectively market our industrial by products (e.g., wastes currently disposed at a permitted landfill).
Scoping Beneficial Use Does beneficial use include these waste management methods: • Reuse • Recycling • Composting • Energy Recovery • Agronomic application? Conceptually beneficial use includes all of these. But we are not intending to change current practices, rather add another option
Another Waste Management Option Example - A Glass Bottle: • Reuse – cleaning and processing the bottle for reuse as a bottle • Recycling – crush and process the glass to make new bottles • Beneficial Use – crush and use the glass as aggregate for asphalt mix
Draft Rule Sections • Definitions – beneficial use, acceptable risk level, sensitive environments • Scope and Applicability • Performance Criteria • Standing Beneficial Use Determinations (BUDs) • Case-specific application and approval process • Application Fees
Beneficial Use of Solid Waste Means… ….the productive use of solid waste in a manner that will not create an adverse impact to public health, safety, welfare or the environment
Performance Criteria (1) Must Characterize the Waste and Use • Chemical, physical, and where appropriate, biological characterization of the waste • Presence of hazardous substances • Characteristics that may create nuisance conditions such as foul odors, dust, sheens • Testing of the end product, e.g. leachability
Performance Criteria (2) The use is productive Waste tires: ? • An identified or reasonably likely use for the material (not speculative accumulation) • A valuable part of a product or substitute for raw material (not sham disposal) • Used within accepted engineering or commercial standards
Performance Criteria: (3) No adverse affect on the environment Roofing shingle scrap used in road construction: • Not a hazardous waste • Storage to prevent release and nuisance conditions • Hazardous substances do not exceed those in a virgin material • Hazardous substances do not exceed acceptable risk levels • Will not create objectionable odors, dust, fire, other nuisance
Key Issues “Solid Waste” is broadly defined Solid Waste means: all materials useless or discarded to the owner/generator However, DEQ does not actively regulate some industrial by-products: e.g., wood waste used in particle board
Key Issues What is an “adverse impact?” • “Acceptable risk level” as defined by Oregon’s Cleanup Law addresses human cancer and non-cancer toxicity from hazardous substances • Must not result in a increase in hazardous substance concentrations to ecologically sensitive environments • Other physical impacts – pH, oxygen demand, etc. • Odors, dust, etc.
Key Issues When is the waste no longer regulated? • Upon generation? • After the point of use? • Current draft rules: DEQ will no longer regulate a material as solid waste provided the material is managed in accordance with a beneficial use determination
Key Issues Where does “Clean Fill” fit in? • If a material meets DEQ’s criteria for “clean fill” a permit is not required for a disposal site – it is not necessary to get a beneficial use determination • If a material does not meet “clean fill” criteria, and a person wants to use the material rather than dispose at a permitted facility – these beneficial use rules may apply
Examples of How this Will Work Self-assessment: E.g., wood waste for landslide repair light-weight fill • Material has not historically been subject to DEQ oversight because there are no environmental concerns • Industry may evaluate whether their use meets the definition of beneficial use and the performance criteria • Independent of DEQ review, no fees
Examples of How this Will Work “Standing” rule-authorized beneficial uses: E.g., Sand from winter storm street sweepings, used again for sanding • Generator may apply an identified “Standing” Beneficial Use Determination (BUD) • No additional DEQ review or approval • Generator/applicant must maintain records • If requested by DEQ, generator/applicant must provide information to confirm that their beneficial use complies with the rules
Examples of How this Will Work “Standing” uses in the draft rules include: • Asphalt paving or asphalt grindings from road projects – used as aggregate in new asphalt pavement or as fill within road prisms • Asphalt shingle waste from residential roof tear-offs and manufacturer scrap – used as aggregate in asphalt mixtures • Soil from cleanup sites – used as non-residential construction fill, utility trench fill, or roadbase • Street sweeping fines – used for spill response absorbent • Wood-derived bottom ash from wood waste fired boilers – used as aggregate in asphalt mixtures, concrete, or Portland cement
Examples of How this Will Work Case-specific beneficial use determinations: E.g., Steel slag used as structural fill • Generator/ applicant applies to DEQ for a Beneficial Use Determination and pays a fee • DEQ reviews • Specifies conditions on use • Issues Beneficial Use Determination (BUD) • BUD subject to record keeping, reporting, etc.
Next Steps Current schedule • Draft rules (June 10, 2009) are being revised based on stakeholder comments • October 1 - DEQ reporting to the Legislative Interim Ways and Means committee on proposed fees • November 2009 – DEQ to submit draft rules for public comment • February 2010 – DEQ to present the proposed rules to the Environmental Quality Commission for adoption
DEQ’s Beneficial Use Web Site http://www.deq.state.or.us/lq/sw/disposal/beneficialuse.htm • Sign up on list serve to receive notices • Fact sheets and informational items • Draft documents • Stakeholder comments • Rulemaking schedule
Questions? DEQ’s internal work group • Bruce Lumper, Bend Office 541-298-7255 x40 • Audrey O’Brien, Portland Office 503-229-6541 • Tiffany Yeltin, Portland Office 503-229-5049 • Bob Barrows, Eugene Office 541-687-7354 • Loretta Pickerell, Land Quality Division 503-229-5808 Tom Roick Land Quality Division 503-229-5502 Roick.tom@deq.state.or.us