This is the HTML version of testimony submitted in writing with attachments 3/28/06

Presented March 28, 2006 by
to the Natural Resources Committee regarding
LD 141

Sen. Cowger, Rep. Koffman, and Member of the Committee:

Please accept the following information, including attachments, as supplementary testimony to materials I have already provided. This information all has become available since the Committee heard public testimony on this bill on Tuesday, March 7, 2006.

Briefly, we have learned more about the current moratorium on burning CDD-derived fuel in New Hampshire. A study report mandated under the moratorium will be finished in June. Meanwhile, legislation to extend the ban through 2007 has passed the NH House, and awaits action in their Senate. NH Gov. John Lynch, moreover, has made it an objective of his administration to prevent the burning and dumping of these materials in NH. “We must not let New Hampshire become the new dumping ground for this toxic material.” (See attachment; or, Gov. Lynch's Speech).

Second, we have learned further details on the Massachusetts ban on landfilling most reusable components of construction and demolition debris later this year. (See attachment, or Landfill Ban FAQ). It is completely unknown what effect this will have on materials destined for Maine for any purpose, including landfilling in present commercial facilities such as Hampden, as fuel for the half dozen boilers permitted to burn it, or to be landfilled as fuel production residues at the landfill in Old Town. To push through new rules that don't limit but actually throw open the doors for wastes that others won't landfill and won't burn themselves makes no sense at all.

Third, we have learned that the State of California is in process of final rulemaking that will require that all treated wood derived from construction and demolition sites will be treated as hazardous waste after January of 2007. This has been mandated by their legislature. (See attachment; or California Rulemaking: Treated Wood is Hazardous). As hazardous waste, this material cannot be burned in any amount or in any form in California. We are planning to include burning this fuel in the new standards in Maine.

Finally, I have been trying to learn the exact connection between the closure of the Old Town mill and the availability of a CDD fuel supply. In fact, the mill could have easily received a variance and could have been burning this fuel since last fall. The DEP did not stand in their way. (See attachment; or Boiler Permit Did Not Shut the Mill).

In conclusion, I recommend that this Committee adopt the alternative amendment that calls for a moratorium on permitting new facilities that would process or burn CDD fuel through the year 2007, to allow Maine time to learn exactly what are the consequences of opening the state to this material.

Paul C. Schroeder / 13 Hamlin St., Orono ME 04473 / Phone: 207-866-7766