Senate
File
534
-
Enrolled
Senate
File
534
AN
ACT
RELATING
TO
THE
USE
OF
GASIFICATION
AND
PYROLYSIS
FACILITIES
FOR
THE
CONVERSION
OF
CERTAIN
RECOVERABLE
WASTE
MATERIALS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
455B.301,
Code
2019,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
9A.
“Gasification”
means
a
process
through
which
recoverable
feedstocks
are
heated
and
converted
into
a
fuel
and
gas
mixture
in
an
oxygen-deficient
atmosphere
and
the
mixture
is
converted
to
crude
oil,
diesel,
gasoline,
home
heating
oil,
or
other
fuels;
chemicals,
waxes,
lubricants,
chemical
feedstocks,
diesel
and
gasoline
blendstocks,
or
other
raw
materials;
or
intermediate
or
final
products
that
are
returned
to
the
economic
mainstream
in
the
form
of
raw
materials,
products,
or
fuels.
NEW
SUBSECTION
.
9B.
“Gasification
facility”
means
a
facility
that
receives,
separates,
stores,
and
converts
post-use
polymers
and
recoverable
feedstocks
using
gasification.
A
gasification
facility
is
not
a
sanitary
disposal
project,
solid
waste
disposal
facility,
or
processing
facility.
NEW
SUBSECTION
.
16A.
“
Post-use
polymer”
means
a
plastic
polymer
to
which
all
of
the
following
apply:
a.
The
plastic
polymer
is
derived
from
any
industrial,
commercial,
agricultural,
or
domestic
activities.
b.
The
plastic
polymer
is
used
or
is
intended
to
be
used
Senate
File
534,
p.
2
to
manufacture
crude
oil,
fuels,
feedstocks,
blendstocks,
raw
materials,
or
other
intermediate
products
or
final
products
using
pyrolysis
or
gasification.
c.
The
plastic
polymer
may
contain
incidental
contaminants
or
impurities,
such
as
paper
labels
or
metal
rings.
NEW
SUBSECTION
.
18A.
“Pyrolysis”
means
a
process
through
which
post-use
polymers
are
heated
in
the
absence
of
oxygen
until
melted
and
thermally
decomposed
and
are
then
cooled,
condensed,
and
converted
to
crude
oil,
diesel,
gasoline,
home
heating
oil,
or
other
fuels;
chemicals,
waxes,
lubricants,
chemical
feedstocks,
diesel
and
gasoline
blendstocks,
or
other
raw
materials;
or
intermediate
or
final
products
that
are
returned
to
the
economic
mainstream
in
the
form
of
raw
materials,
products,
or
fuels.
NEW
SUBSECTION
.
18B.
“Pyrolysis
facility”
means
a
facility
that
receives,
separates,
stores,
and
converts
post-use
polymers
using
pyrolysis.
A
pyrolysis
facility
is
not
a
sanitary
disposal
project,
solid
waste
disposal
facility,
or
processing
facility.
NEW
SUBSECTION
.
18C.
“Recoverable
feedstock”
means
one
or
more
of
the
following
materials
derived
from
recoverable
waste
that
has
been
processed
so
that
it
may
be
used
as
feedstock
in
a
gasification
facility:
a.
Post-use
polymers.
b.
Materials
for
which
the
United
States
environmental
protection
agency
has
made
a
nonwaste
determination
pursuant
to
40
C.F.R.
241.3(c),
or
has
otherwise
determined
are
not
solid
waste.
Sec.
2.
Section
455B.301,
subsections
21,
23,
and
24,
Code
2019,
are
amended
to
read
as
follows:
21.
“Sanitary
disposal
project”
means
all
facilities
and
appurtenances
including
all
real
and
personal
property
connected
with
such
facilities,
which
are
acquired,
purchased,
constructed,
reconstructed,
equipped,
improved,
extended,
maintained,
or
operated
to
facilitate
the
final
disposition
of
solid
waste
without
creating
a
significant
hazard
to
the
public
health
or
safety,
and
which
are
approved
by
the
executive
director.
“Sanitary
disposal
project”
does
not
include
a
pyrolysis
or
gasification
facility.
Senate
File
534,
p.
3
23.
“Solid
waste”
means
garbage,
refuse,
rubbish,
and
other
similar
discarded
solid
or
semisolid
materials,
including
but
not
limited
to
such
materials
resulting
from
industrial,
commercial,
agricultural,
and
domestic
activities.
“Solid
waste”
may
include
vehicles,
as
defined
by
section
321.1,
subsection
90
.
This
definition
does
not
prohibit
the
use
of
rubble
at
places
other
than
a
sanitary
disposal
project.
“Solid
waste”
does
not
include
any
of
the
following:
a.
Hazardous
waste
regulated
under
the
federal
Resource
Conservation
and
Recovery
Act,
42
U.S.C.
§6921-6934.
b.
Hazardous
waste
as
defined
in
section
455B.411
,
except
to
the
extent
that
rules
allowing
for
the
disposal
of
specific
wastes
have
been
adopted
by
the
commission.
c.
Source,
special
nuclear,
or
by-product
material
as
defined
in
the
Atomic
Energy
Act
of
1954,
as
amended
to
January
1,
1979.
d.
Petroleum
contaminated
soil
that
has
been
remediated
to
acceptable
state
or
federal
standards.
e.
Steel
slag
which
is
a
product
resulting
from
the
steel
manufacturing
process
and
is
managed
as
an
item
of
value
in
a
controlled
manner
and
not
as
a
discarded
material.
f.
Material
that
is
legitimately
recycled
pursuant
to
section
455D.4A
.
g.
Post-use
polymers
or
recoverable
feedstocks
that
are
any
of
the
following:
(1)
Processed
at
a
pyrolysis
or
gasification
facility.
(2)
Held
at
a
pyrolysis
or
gasification
facility
prior
to
processing
to
ensure
production
is
not
interrupted.
24.
“Waste
conversion
technologies”
means
thermal,
chemical,
mechanical,
and
biological
processes
capable
of
converting
waste
from
which
recyclable
materials
have
been
substantially
diverted
or
removed
into
useful
products
and
chemicals,
green
fuels
such
as
ethanol
and
biodiesel,
and
clean,
renewable
energy.
“Waste
conversion
technologies”
includes
but
is
not
limited
to
anaerobic
digestion,
plasma
gasification,
and
pyrolysis
,
except
the
term
does
not
include
gasification
and
pyrolysis
facilities
that
process
post-use
polymers
or
recoverable
feedstocks
.
Sec.
3.
NEW
SECTION
.
455B.305B
Pyrolysis
or
gasification
Senate
File
534,
p.
4
material
ownership.
Preprocessed
and
postprocessed
post-use
polymers
and
recoverable
feedstocks
stored
at
a
pyrolysis
facility
or
gasification
facility
are
the
sole
property
of
the
pyrolysis
facility
or
gasification
facility.
Within
sixty
days
of
termination
of
operations
at
the
facility,
all
unused
preprocessed
and
postprocessed
post-use
polymers
and
recoverable
feedstocks
must
be
sold
or
disposed
of
by
the
pyrolysis
facility
or
gasification
facility
in
compliance
with
applicable
laws.
Sec.
4.
REPEAL.
Section
455D.15A,
Code
2019,
is
repealed.
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
______________________________
LINDA
UPMEYER
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
534,
Eighty-eighth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2019
______________________________
KIM
REYNOLDS
Governor