Senate File 2281 - Introduced SENATE FILE 2281 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SSB 3049) 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 5191SV (2) 84 tm/nh
S.F. 2281 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 5191SV (2) 84 tm/nh 1/ 7
S.F. 2281 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 5191SV (2) 84 tm/nh 2/ 7
S.F. 2281 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 -3- LSB 5191SV (2) 84 tm/nh 3/ 7
S.F. 2281 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 -4- LSB 5191SV (2) 84 tm/nh 4/ 7
S.F. 2281 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 -5- LSB 5191SV (2) 84 tm/nh 5/ 7
S.F. 2281 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 5191SV (2) 84 tm/nh 6/ 7
S.F. 2281 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 5191SV (2) 84 tm/nh 7/ 7