Senate Study Bill 1194 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON CHAPMAN) A BILL FOR An Act relating to the use of gasification and pyrolysis 1 facilities for the conversion of certain recoverable waste 2 materials. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2320XC (5) 88 js/tm

S.F. _____ Section 1. Section 455B.301, Code 2019, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 9A. “Gasification” means a process through 3 which recoverable feedstocks are heated and converted into a 4 fuel and gas mixture in an oxygen-deficient atmosphere and 5 the mixture is converted to crude oil, diesel, gasoline, home 6 heating oil, or other fuels; chemicals, waxes, lubricants, 7 chemical feedstocks, diesel and gasoline blendstocks, or 8 other raw materials; or intermediate or final products that 9 are returned to the economic mainstream in the form of raw 10 materials, products, or fuels. 11 NEW SUBSECTION . 9B. “Gasification facility” means a 12 facility that receives, separates, stores, and converts 13 post-use polymers and recoverable feedstocks using 14 gasification. A gasification facility is not a sanitary 15 disposal project, solid waste disposal facility, or processing 16 facility. 17 NEW SUBSECTION . 16A. “ Post-use polymer” means a plastic 18 polymer to which all of the following apply: 19 a. The plastic polymer is derived from any industrial, 20 commercial, agricultural, or domestic activities. 21 b. The plastic polymer is used or is intended to be used 22 to manufacture crude oil, fuels, feedstocks, blendstocks, raw 23 materials, or other intermediate products or final products 24 using pyrolysis or gasification. 25 c. The plastic polymer may contain incidental contaminants 26 or impurities, such as paper labels or metal rings. 27 NEW SUBSECTION . 18A. “Pyrolysis” means a process through 28 which post-use polymers are heated in the absence of oxygen 29 until melted and thermally decomposed and are then cooled, 30 condensed, and converted to crude oil, diesel, gasoline, home 31 heating oil, or other fuels; chemicals, waxes, lubricants, 32 chemical feedstocks, diesel and gasoline blendstocks, or 33 other raw materials; or intermediate or final products that 34 are returned to the economic mainstream in the form of raw 35 -1- LSB 2320XC (5) 88 js/tm 1/ 4

S.F. _____ materials, products, or fuels. 1 NEW SUBSECTION . 18B. “Pyrolysis facility” means a facility 2 that receives, separates, stores, and converts post-use 3 polymers using pyrolysis. A pyrolysis facility is not a 4 sanitary disposal project, solid waste disposal facility, or 5 processing facility. 6 NEW SUBSECTION . 18C. “Recoverable feedstock” means one or 7 more of the following materials derived from recoverable waste 8 that has been processed so that it may be used as feedstock in a 9 gasification facility: 10 a. Post-use polymers. 11 b. Materials for which the United States environmental 12 protection agency has made a nonwaste determination pursuant to 13 40 C.F.R. 241.3(c), or has otherwise determined are not solid 14 waste. 15 Sec. 2. Section 455B.301, subsections 21, 23, and 24, Code 16 2019, are amended to read as follows: 17 21. “Sanitary disposal project” means all facilities 18 and appurtenances including all real and personal property 19 connected with such facilities, which are acquired, purchased, 20 constructed, reconstructed, equipped, improved, extended, 21 maintained, or operated to facilitate the final disposition of 22 solid waste without creating a significant hazard to the public 23 health or safety, and which are approved by the executive 24 director. “Sanitary disposal project” does not include a 25 pyrolysis or gasification facility. 26 23. “Solid waste” means garbage, refuse, rubbish, and other 27 similar discarded solid or semisolid materials, including 28 but not limited to such materials resulting from industrial, 29 commercial, agricultural, and domestic activities. “Solid 30 waste” may include vehicles, as defined by section 321.1, 31 subsection 90 . This definition does not prohibit the use of 32 rubble at places other than a sanitary disposal project. “Solid 33 waste” does not include any of the following: 34 a. Hazardous waste regulated under the federal Resource 35 -2- LSB 2320XC (5) 88 js/tm 2/ 4

S.F. _____ Conservation and Recovery Act, 42 U.S.C. §6921-6934. 1 b. Hazardous waste as defined in section 455B.411 , except 2 to the extent that rules allowing for the disposal of specific 3 wastes have been adopted by the commission. 4 c. Source, special nuclear, or by-product material as 5 defined in the Atomic Energy Act of 1954, as amended to January 6 1, 1979. 7 d. Petroleum contaminated soil that has been remediated to 8 acceptable state or federal standards. 9 e. Steel slag which is a product resulting from the steel 10 manufacturing process and is managed as an item of value in a 11 controlled manner and not as a discarded material. 12 f. Material that is legitimately recycled pursuant to 13 section 455D.4A . 14 g. Post-use polymers or recoverable feedstocks that are any 15 of the following: 16 (1) Processed at a pyrolysis or gasification facility. 17 (2) Held at a pyrolysis or gasification facility prior to 18 processing to ensure production is not interrupted. 19 (3) Stored off-site with the intent that post-use polymers 20 or recoverable feedstocks will be processed at a pyrolysis or 21 gasification facility, but before delivery to such a facility. 22 24. “Waste conversion technologies” means thermal, chemical, 23 mechanical, and biological processes capable of converting 24 waste from which recyclable materials have been substantially 25 diverted or removed into useful products and chemicals, green 26 fuels such as ethanol and biodiesel, and clean, renewable 27 energy. “Waste conversion technologies” includes but is not 28 limited to anaerobic digestion, plasma gasification, and 29 pyrolysis , except the term does not include gasification 30 and pyrolysis facilities that process post-use polymers or 31 recoverable feedstocks . 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -3- LSB 2320XC (5) 88 js/tm 3/ 4

S.F. _____ This bill relates to the use of gasification and pyrolysis 1 facilities for the conversion of certain recoverable waste 2 materials. 3 The bill creates definitions for the processes of 4 gasification and pyrolysis, the facilities where those 5 processes take place (“gasification facility” and “pyrolysis 6 facility”), and the materials used in those processes 7 (“post-use polymer” and “recoverable feedstock”). The 8 bill excludes pyrolysis and gasification facilities from 9 the definition of “sanitary disposal project”, certain 10 post-use polymers and recoverable feedstocks from the 11 definition of “solid waste”, and certain gasification and 12 pyrolysis facilities from the definition of “waste conversion 13 technologies”. As such, certain post-use polymers and 14 recoverable feedstocks and certain gasification and pyrolysis 15 facilities are not subject to solid waste procedures and 16 requirements set forth in Code chapter 455B. 17 -4- LSB 2320XC (5) 88 js/tm 4/ 4