House
File
2348
-
Introduced
HOUSE
FILE
2348
BY
COMMITTEE
ON
ENVIRONMENTAL
PROTECTION
(SUCCESSOR
TO
HSB
594)
A
BILL
FOR
An
Act
relating
to
pollution
prevention
and
waste
management
1
assistance.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5191HV
(2)
84
tm/nh
H.F.
2348
Section
1.
Section
455B.481,
subsections
1
through
3,
Code
1
2011,
are
amended
to
read
as
follows:
2
1.
The
purpose
of
this
part
is
to
promote
the
proper
and
3
safe
storage,
treatment,
and
disposal
management
of
solid,
4
hazardous,
and
low-level
radioactive
wastes
in
Iowa.
The
5
management
of
these
wastes
generated
within
Iowa
is
the
6
responsibility
of
Iowans.
It
is
the
intent
of
the
general
7
assembly
that
Iowans
assume
this
responsibility
to
the
extent
8
consistent
with
the
protection
of
public
health,
safety,
and
9
the
environment,
and
that
Iowans
insure
that
waste
management
10
practices,
as
alternatives
to
land
disposal,
including
source
11
reduction,
recycling,
compaction,
incineration,
and
other
forms
12
of
waste
reduction,
are
employed.
13
2.
It
is
also
the
intent
of
the
general
assembly
that
a
14
comprehensive
waste
management
plan
be
established
by
the
15
department
which
includes:
the
determination
of
need
and
16
adequate
regulatory
controls
prior
to
the
initiation
of
site
17
selection;
the
process
for
selecting
a
superior
site
determined
18
to
be
necessary;
the
establishment
of
a
process
for
a
site
19
community
to
submit
or
present
data,
views,
or
arguments
20
regarding
the
selection
of
the
operator
and
the
technology
21
that
best
ensures
proper
facility
operation;
the
prohibition
22
of
shallow
land
burial
of
hazardous
and
low-level
radioactive
23
wastes;
the
establishment
of
a
regulatory
framework
for
a
24
facility;
and
the
establishment
of
provisions
for
the
safe
25
and
orderly
development,
operation,
closure,
postclosure,
and
26
long-term
monitoring
and
maintenance
of
the
facility.
27
3.
2.
In
order
to
meet
capacity
assurance
requirements
28
of
section
104k
of
the
federal
Superfund
Amendments
and
29
Reauthorization
Act
of
1986,
Pub.
L.
No.
99-499,
and
further
30
the
objectives
of
waste
minimization,
the
The
department,
31
in
cooperation
with
the
small
business
assistance
center
at
32
the
university
of
northern
Iowa,
shall
work
with
generators
33
of
hazardous
wastes
in
the
state
to
develop
and
implement
34
aggressive
waste
minimization
programs.
The
goal
of
these
35
-1-
LSB
5191HV
(2)
84
tm/nh
1/
7
H.F.
2348
programs
is
to
reduce
the
volume
of
hazardous
waste
generated
1
in
the
state
as
a
whole
by
twenty-five
percent
of
the
amount
2
generated
as
of
January
1,
1987,
as
reported
in
the
biennial
3
reports
collected
by
the
United
States
environmental
protection
4
agency.
The
twenty-five
percent
reduction
goal
shall
be
5
reached
as
expeditiously
as
possible
and
no
later
than
July
6
1,
1994.
In
meeting
the
reduction
goal,
elements
“a”
through
7
“d”
of
the
hazardous
waste
management
hierarchy
shall
be
8
utilized.
The
department,
in
cooperation
with
the
small
9
business
assistance
center,
shall
reassess
the
twenty-five
10
percent
reduction
goal
in
1994.
The
department
shall
promote
11
research
and
development,
provide
and
promote
educational
12
and
informational
programs,
promote
and
encourage
provide
13
confidential,
voluntary
technical
assistance
to
hazardous
waste
14
generators,
promote
assistance
by
the
small
business
assistance
15
center,
and
promote
other
activities
by
the
public
and
private
16
sectors
that
support
this
goal.
In
the
promotion
of
the
goal,
17
the
following
hazardous
waste
management
pollution
prevention
18
hierarchy,
in
descending
order
of
preference
,
is
established
19
by
the
department
:
20
a.
Source
reduction
for
waste
elimination.
21
b.
Reuse.
22
c.
On-site
recycling.
23
c.
d.
Off-site
recycling.
24
d.
e.
Waste
treatment.
25
e.
f.
Incineration
Combustion
with
energy
recovery
.
26
f.
g.
Land
disposal.
27
Sec.
2.
Section
455B.481,
subsections
4
and
5,
Code
2011,
28
are
amended
by
striking
the
subsections.
29
Sec.
3.
Section
455B.482,
Code
2011,
is
amended
by
adding
30
the
following
new
subsection:
31
NEW
SUBSECTION
.
7A.
“Pollution
prevention”
means
employment
32
of
a
practice
that
reduces
the
industrial
use
of
toxic
33
substances
or
reduces
the
environmental
and
health
hazards
34
associated
with
an
environmental
waste
without
diluting
or
35
-2-
LSB
5191HV
(2)
84
tm/nh
2/
7
H.F.
2348
concentrating
the
waste
before
the
release,
handling,
storage,
1
transport,
treatment,
or
disposal
of
the
waste.
2
Sec.
4.
Section
455B.484,
Code
2011,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
1A.
Implement
the
waste
management
policy
5
provided
in
section
455B.481.
6
Sec.
5.
Section
455B.484,
subsections
2,
3,
4,
6,
7,
9,
and
7
10,
Code
2011,
are
amended
by
striking
the
subsections.
8
Sec.
6.
Section
455B.484A,
subsection
1,
paragraph
c,
Code
9
2011,
is
amended
to
read
as
follows:
10
c.
“Assistance
program”
means
the
waste
reduction
assistance
11
pollution
prevention
program
of
the
department
or
of
the
Iowa
12
waste
reduction
center
for
safe
and
economic
management
of
13
solid
waste
and
hazardous
substances
conducted
pursuant
to
14
section
268.4
.
15
Sec.
7.
Section
455B.485,
subsections
3
and
5,
Code
2011,
16
are
amended
by
striking
the
subsections.
17
Sec.
8.
Section
455B.486,
subsection
1,
Code
2011,
is
18
amended
by
striking
the
subsection.
19
Sec.
9.
Section
455B.487,
unnumbered
paragraph
1,
Code
20
2011,
is
amended
to
read
as
follows:
21
The
commission
shall
adopt
rules
establishing
criteria
for
22
the
identification
of
land
areas
or
sites
which
are
suitable
23
for
the
operation
of
facilities
for
the
management
of
hazardous
24
and
low-level
radioactive
wastes.
Upon
request,
the
department
25
shall
assist
in
locating
suitable
sites
for
the
location
of
26
a
facility.
The
commission
may
purchase
or
condemn
land
to
27
be
leased
or
used
for
the
operation
of
a
facility
subject
to
28
chapter
6A
.
Consideration
for
a
contract
for
purchase
of
land
29
shall
not
be
in
excess
of
funds
appropriated
by
the
general
30
assembly
for
that
purpose.
The
commission
may
lease
land
31
purchased
under
this
section
to
any
person
including
the
state
32
or
a
state
agency.
This
section
authorizes
the
state
to
own
or
33
operate
hazardous
waste
facilities
and
low-level
radioactive
34
waste
facilities,
subject
to
the
approval
of
the
general
35
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LSB
5191HV
(2)
84
tm/nh
3/
7
H.F.
2348
assembly.
1
Sec.
10.
Section
455B.487,
unnumbered
paragraph
11,
Code
2
2011,
is
amended
by
striking
the
unnumbered
paragraph.
3
Sec.
11.
Section
455B.487,
subsections
1
through
3,
Code
4
2011,
are
amended
by
striking
the
subsections.
5
Sec.
12.
NEW
SECTION
.
455B.810
Product
stewardship
——
6
report.
7
1.
By
January
15
of
each
year,
the
department
shall
submit
a
8
product
stewardship
report
to
the
general
assembly.
The
report
9
shall
supply
information
identifying
solid
waste
according
10
to
product
or
product
category.
The
report
shall
consider
11
latex
paint,
oil-based
paint,
aseptic
packaging,
waste
tires,
12
florescent
bulbs,
and
food
waste.
The
report
shall
not
include
13
consideration
of
motor
vehicles
or
watercraft.
14
2.
The
department
shall
use
the
report
described
in
15
subsection
1
to
recommend
a
strategy
that
most
efficiently
16
manages
solid
waste
as
classified
according
to
product
17
or
product
category.
The
strategy
shall
at
least
include
18
recommendations
for
all
of
the
following:
19
a.
Disposing
of
hazardous
chemicals,
toxic
materials,
or
20
harmful
physical
agents
that
pose
a
risk
of
an
adverse
impact
21
to
the
environment
or
public
health
and
safety.
22
b.
Increasing
the
recovery
of
materials
for
reuse
or
23
recycling.
24
c.
Reducing
costs
associated
with
solid
waste
management.
25
3.
In
preparing
its
report,
the
department
shall
consider
26
how
other
states
have
classified
solid
waste
according
to
27
products
and
product
categories
and
how
other
states
have
28
successfully
collected
and
managed
solid
waste,
including
29
recovering
and
recycling
efforts.
When
preparing
the
report,
30
the
department
shall
consult
with
landfill
operators
and
31
businesses
engaged
in
recycling
solid
waste.
The
department
32
shall
also
invite
participation
from
interested
members
of
the
33
public.
34
4.
As
part
of
its
report,
the
department
shall
recommend
the
35
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(2)
84
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7
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2348
establishment
of
a
product
stewardship
program
that
implements
1
or
improves
upon
the
strategy
developed
by
the
department
under
2
this
section,
including
by
detailing
any
legislative
proposals
3
required
for
implementation
or
explaining
the
adoption
of
4
proposed
rules
under
existing
statutory
authority.
5
Sec.
13.
Section
455D.1,
Code
2011,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
4A.
“Pollution
prevention
techniques”
means
8
any
of
the
following
practices
employed
by
the
user
of
a
toxic
9
substance:
10
a.
Input
substitution,
which
is
the
replacement
of
a
toxic
11
substance
or
raw
material
used
in
a
production
process
with
a
12
nontoxic
or
less
toxic
substance.
13
b.
Product
reformulation,
which
is
the
substitution
of
an
14
end
product
which
is
nontoxic
or
less
toxic
upon
use
or
release
15
for
an
existing
end
product.
16
c.
Production
process
redesign
or
modification,
which
is
17
the
development
and
use
of
production
processes
of
a
different
18
design
other
than
those
currently
in
use.
19
d.
Production
process
modernization,
which
is
the
upgrading
20
or
replacing
of
existing
production
process
equipment
or
21
methods
with
other
equipment
or
methods
based
on
the
same
22
production
process.
23
e.
Improved
operation
and
maintenance
of
existing
production
24
process
equipment
and
methods,
which
is
the
modification
or
25
addition
to
existing
equipment
or
methods,
including
but
not
26
limited
to
such
techniques
as
improved
housekeeping
practices,
27
system
adjustments,
product
and
process
inspections,
and
28
production
process
control
equipment
or
methods.
29
f.
Recycling,
reuse,
or
extended
use
of
toxic
substances
by
30
using
equipment
or
methods
that
become
an
integral
part
of
the
31
production
process.
32
Sec.
14.
Section
455D.7,
subsection
1,
Code
2011,
is
amended
33
to
read
as
follows:
34
1.
Unless
otherwise
specified
in
this
chapter
,
adopt
rules
35
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5191HV
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2348
necessary
to
implement
this
chapter
pursuant
to
chapter
17A
.
1
Initial
rules
shall
be
adopted
no
later
than
April
1,
1992.
2
Sec.
15.
Section
455D.7,
subsection
4,
Code
2011,
is
amended
3
by
striking
the
subsection.
4
Sec.
16.
Section
455D.15,
subsection
2,
Code
Supplement
5
2011,
is
amended
by
striking
the
subsections
and
inserting
in
6
lieu
thereof
the
following:
7
2.
The
fund
shall
be
utilized
by
the
department
for
8
providing
technical
assistance
to
Iowa
businesses
in
developing
9
and
implementing
pollution
prevention
techniques.
10
Sec.
17.
Section
455D.15,
subsection
3,
Code
Supplement
11
2011,
is
amended
by
striking
the
subsection.
12
Sec.
18.
Section
455E.8,
subsections
2
and
3,
Code
2011,
are
13
amended
by
striking
the
subsections.
14
Sec.
19.
REPEAL.
Sections
455B.516,
455B.517,
and
15
455B.518,
Code
2011,
are
repealed.
16
EXPLANATION
17
This
bill
relates
to
pollution
prevention
and
waste
18
management
assistance.
19
The
bill
amends
the
waste
management
assistance
provisions
20
of
Code
chapter
455B
by
updating
the
waste
management
policy.
21
The
bill
includes
reuse
and
combustion
with
energy
recovery
in
22
the
pollution
prevention
hierarchy
and
removes
incineration
23
from
the
hierarchy.
24
The
bill
includes
a
new
definition
for
“pollution
25
prevention”
and
uses
the
term
to
replace
“hazardous
waste
26
management”
and
“waste
reduction
assistance”.
The
bill
27
eliminates
references
to
hazardous
waste
throughout
Code
28
chapter
455B,
division
IV,
part
9,
including
duties
of
29
the
department
of
natural
resources
and
the
environmental
30
protection
commission
relating
to
hazardous
waste
and
the
31
location,
acquisition,
and
operation
of
hazardous
waste
32
management
facilities.
33
The
bill
requires
the
department
to
annually
submit
a
34
product
stewardship
report
to
the
general
assembly
to
supply
35
-6-
LSB
5191HV
(2)
84
tm/nh
6/
7
H.F.
2348
information
identifying
solid
waste
according
to
product
or
1
product
category.
The
department
shall
use
the
report
to
2
recommend
an
efficient
strategy
for
solid
waste
management
3
according
to
product
or
product
category.
4
The
bill
eliminates
many
of
the
duties
of
the
department
in
5
relation
to
waste
management
and
includes
a
new
general
duty
to
6
implement
the
waste
management
policy.
7
The
bill
eliminates
two
duties
of
the
environmental
8
protection
commission
in
relation
to
waste
management
policy.
9
The
duties
relate
to
budget
requests
and
approval
of
certain
10
contracts
and
agreements.
11
The
bill
eliminates
a
duty
of
the
commission
to
recommend
12
to
the
general
assembly,
annually,
the
imposition
of
waste
13
abatement
fees,
rebates,
and
deposits.
14
The
bill
amends
provisions
related
to
the
waste
volume
15
reduction
and
recycling
fund.
The
bill
eliminates
a
16
requirement
that
grants
from
the
fund
be
awarded
based
on
the
17
solid
waste
management
hierarchy.
The
bill
provides
that
the
18
fund
shall
be
utilized
for
purposes
of
providing
technical
19
assistance
to
Iowa
businesses
in
developing
and
implementing
20
pollution
prevention
techniques.
21
The
bill
eliminates
two
duties
of
the
director
of
the
22
department
relating
to
groundwater
reporting
requirements.
23
The
bill
repeals
Code
sections
455B.516,
455B.517,
and
24
455B.518,
which
relate
to
the
toxics
pollution
prevention
25
program.
26
-7-
LSB
5191HV
(2)
84
tm/nh
7/
7