HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON ENVIRONMENTAL PROTECTION BILL BY CHAIRPERSON OLSON)

A BILL FOR

An Act relating to pollution prevention and waste management assistance.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455B.481, subsections 1 through 3, Code 2011, are amended to read as follows:
   1.  The purpose of this part is to promote the proper and safe storage, treatment, and disposal
 
management of solid, hazardous, and low-level radioactive wastes in Iowa. The management of these wastes generated within Iowa is the responsibility of Iowans. It is the intent of the general assembly that Iowans assume this responsibility to the extent consistent with the protection of public health, safety, and the environment, and that Iowans insure that waste management practices, as alternatives to land disposal, including source reduction, recycling, compaction, incineration, and other forms of waste reduction, are employed.
   2.  It is also the intent of the general assembly that a comprehensive waste management plan be established by the department which includes:  the determination of need and adequate regulatory controls prior to the initiation of site selection; the process for selecting a superior site determined to be necessary; the establishment of a process for a site community to submit or present data, views, or arguments regarding the selection of the operator and the technology that best ensures proper facility operation; the prohibition of shallow land burial of hazardous and low-level radioactive wastes; the establishment of a regulatory framework for a facility; and the establishment of provisions for the safe and orderly development, operation, closure, postclosure, and long-term monitoring and maintenance of the facility.
   3.

2.  In order to meet capacity assurance requirements of section 104k of the federal Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499, and further the objectives of waste minimization, the
 
The department, in cooperation with the small business assistance center at the university of northern Iowa, shall work with generators of hazardous wastes in the state to develop and implement aggressive waste minimization programs. The goal of these programs is to reduce the volume of hazardous waste generated in the state as a whole by twenty-five percent of the amount generated as of January 1, 1987, as reported in the biennial reports collected by the United States environmental protection agency. The twenty-five percent reduction goal shall be reached as expeditiously as possible and no later than July 1, 1994. In meeting the reduction goal, elements “a” through “d” of the hazardous waste management hierarchy shall be utilized. The department, in cooperation with the small business assistance center, shall reassess the twenty-five percent reduction goal in 1994. The department shall promote research and development, provide and promote educational and informational programs, promote and encourage
 
provide confidential, voluntary technical assistance to hazardous waste generators, promote assistance by the small business assistance center, and promote other activities by the public and private sectors that support this goal. In the promotion of the goal, the following hazardous waste management
 
pollution prevention hierarchy, in descending order of preference, is established by the department:
   a.  Source reduction for waste elimination.
   b.  Reuse.
   c.  On-site recycling.
   c.

d.  Off-site recycling.
   d.

e.  Waste treatment.
   e.

f.  Incineration
 
Combustion with energy recovery.
   f.

g.  Land disposal.
    Sec. 2.  Section 455B.481, subsections 4 and 5, Code 2011, are amended by striking the subsections.
    Sec. 3.  Section 455B.482, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  7A.  “Pollution prevention” means employment of a practice that reduces the industrial use of toxic substances or reduces the environmental and health hazards associated with an environmental waste without diluting or concentrating the waste before the release, handling, storage, transport, treatment, or disposal of the waste.
    Sec. 4.  Section 455B.484, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  Implement the waste management policy provided in section 455B.481.
    Sec. 5.  Section 455B.484, subsections 2, 3, 4, 6, 7, 9, and 10, Code 2011, are amended by striking the subsections.
    Sec. 6.  Section 455B.484A, subsection 1, paragraph c, Code 2011, is amended to read as follows:
   c.  “Assistance program” means the waste reduction assistance
 
pollution prevention program of the department or of the Iowa waste reduction center for safe and economic management of solid waste and hazardous substances conducted pursuant to section 268.4.
    Sec. 7.  Section 455B.485, subsections 3 and 5, Code 2011, are amended by striking the subsections.
    Sec. 8.  Section 455B.486, subsection 1, Code 2011, is amended by striking the subsection.
    Sec. 9.  Section 455B.487, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The commission shall adopt rules establishing criteria for the identification of land areas or sites which are suitable for the operation of facilities for the management of hazardous and low-level radioactive wastes. Upon request, the department shall assist in locating suitable sites for the location of a facility. The commission may purchase or condemn land to be leased or used for the operation of a facility subject to chapter 6A. Consideration for a contract for purchase of land shall not be in excess of funds appropriated by the general assembly for that purpose. The commission may lease land purchased under this section to any person including the state or a state agency. This section authorizes the state to own or operate hazardous waste facilities and low-level radioactive waste facilities, subject to the approval of the general assembly.
    Sec. 10.  Section 455B.487, unnumbered paragraph 11, Code 2011, is amended by striking the unnumbered paragraph.
    Sec. 11.  Section 455B.487, subsections 1 through 3, Code 2011, are amended by striking the subsections.
    Sec. 12.  Section 455D.1, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  “Pollution prevention techniques” means any of the following practices employed by the user of a toxic substance:
   a.  Input substitution, which is the replacement of a toxic substance or raw material used in a production process with a nontoxic or less toxic substance.
   b.  Product reformulation, which is the substitution of an end product which is nontoxic or less toxic upon use or release for an existing end product.
   c.  Production process redesign or modification, which is the development and use of production processes of a different design other than those currently in use.
   d.  Production process modernization, which is the upgrading or replacing of existing production process equipment or methods with other equipment or methods based on the same production process.
   e.  Improved operation and maintenance of existing production process equipment and methods, which is the modification or addition to existing equipment or methods, including but not limited to such techniques as improved housekeeping practices, system adjustments, product and process inspections, and production process control equipment or methods.
   f.  Recycling, reuse, or extended use of toxic substances by using equipment or methods that become an integral part of the production process.
    Sec. 13.  Section 455D.7, subsection 1, Code 2011, is amended to read as follows:
   1.  Unless otherwise specified in this chapter, adopt rules necessary to implement this chapter pursuant to chapter 17A.  Initial rules shall be adopted no later than April 1, 1992.
    Sec. 14.  Section 455D.7, subsection 4, Code 2011, is amended by striking the subsection.
    Sec. 15.  Section 455D.15, subsection 2, Code Supplement 2011, is amended by striking the subsections and inserting in lieu thereof the following:
   2.  The fund shall be utilized by the department for providing technical assistance to Iowa businesses in developing and implementing pollution prevention techniques.
    Sec. 16.  Section 455D.15, subsection 3, Code Supplement 2011, is amended by striking the subsection.
    Sec. 17.  Section 455E.8, subsections 2 and 3, Code 2011, are amended by striking the subsections.
    Sec. 18.  REPEAL.  Sections 455B.516, 455B.517, and 455B.518, Code 2011, are repealed.
EXPLANATION
   This bill relates to pollution prevention and waste management assistance.
   The bill amends the waste management assistance provisions of Code chapter 455B by updating the waste management policy. The bill includes reuse and combustion with energy recovery in the pollution prevention hierarchy and removes incineration from the hierarchy.
   The bill includes a new definition for “pollution prevention” and uses the term to replace “hazardous waste management” and “waste reduction assistance”. The bill eliminates references to hazardous waste throughout Code chapter 455B, division IV, part 9, including duties of the department and the environmental protection commission relating to hazardous waste and the location, acquisition, and operation of hazardous waste management facilities.
   The bill eliminates many of the duties of the department in relation to waste management and includes a new general duty to implement the waste management policy.
   The bill eliminates two duties of the environmental protection commission in relation to waste management policy. The duties relate to budget requests and approval of certain contracts and agreements.
   The bill eliminates a duty of the commission to recommend to the general assembly, annually, the imposition of waste abatement fees, rebates, and deposits.
   The bill amends provisions related to the waste volume reduction and recycling fund. The bill eliminates a requirement that grants from the fund be awarded based on the solid waste management hierarchy. The bill provides that the fund shall be utilized for purposes of providing technical assistance to Iowa businesses in developing and implementing pollution prevention techniques. 
   The bill eliminates two duties of the director of the department relating to groundwater reporting requirements.
   The bill repeals Code sections 455B.516, 455B.517, and 455B.518, which relate to the toxics pollution prevention program.