Senate Study Bill 1194 - IntroducedA Bill ForAn Act 1relating to the use of gasification and pyrolysis
2facilities for the conversion of certain recoverable waste
3materials.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 455B.301, Code 2019, is amended by adding
2the following new subsections:
3   NEW SUBSECTION.  9A.  “Gasification” means a process through
4which recoverable feedstocks are heated and converted into a
5fuel and gas mixture in an oxygen-deficient atmosphere and
6the mixture is converted to crude oil, diesel, gasoline, home
7heating oil, or other fuels; chemicals, waxes, lubricants,
8chemical feedstocks, diesel and gasoline blendstocks, or
9other raw materials; or intermediate or final products that
10are returned to the economic mainstream in the form of raw
11materials, products, or fuels.
12   NEW SUBSECTION.  9B.  “Gasification facility” means a
13facility that receives, separates, stores, and converts
14post-use polymers and recoverable feedstocks using
15gasification. A gasification facility is not a sanitary
16disposal project, solid waste disposal facility, or processing
17facility.
18   NEW SUBSECTION.  16A.  “Post-use polymer” means a plastic
19polymer to which all of the following apply:
   20a.  The plastic polymer is derived from any industrial,
21commercial, agricultural, or domestic activities.
   22b.  The plastic polymer is used or is intended to be used
23to manufacture crude oil, fuels, feedstocks, blendstocks, raw
24materials, or other intermediate products or final products
25using pyrolysis or gasification.
   26c.  The plastic polymer may contain incidental contaminants
27or impurities, such as paper labels or metal rings.
28   NEW SUBSECTION.  18A.  “Pyrolysis” means a process through
29which post-use polymers are heated in the absence of oxygen
30until melted and thermally decomposed and are then cooled,
31condensed, and converted to crude oil, diesel, gasoline, home
32heating oil, or other fuels; chemicals, waxes, lubricants,
33chemical feedstocks, diesel and gasoline blendstocks, or
34other raw materials; or intermediate or final products that
35are returned to the economic mainstream in the form of raw
-1-1materials, products, or fuels.
2   NEW SUBSECTION.  18B.  “Pyrolysis facility” means a facility
3that receives, separates, stores, and converts post-use
4polymers using pyrolysis. A pyrolysis facility is not a
5sanitary disposal project, solid waste disposal facility, or
6processing facility.
7   NEW SUBSECTION.  18C.  “Recoverable feedstock” means one or
8more of the following materials derived from recoverable waste
9that has been processed so that it may be used as feedstock in a
10gasification facility:
   11a.  Post-use polymers.
   12b.  Materials for which the United States environmental
13protection agency has made a nonwaste determination pursuant to
1440 C.F.R.241.3(c), or has otherwise determined are not solid
15waste.
16   Sec. 2.  Section 455B.301, subsections 21, 23, and 24, Code
172019, are amended to read as follows:
   1821.  “Sanitary disposal project” means all facilities
19and appurtenances including all real and personal property
20connected with such facilities, which are acquired, purchased,
21constructed, reconstructed, equipped, improved, extended,
22maintained, or operated to facilitate the final disposition of
23solid waste without creating a significant hazard to the public
24health or safety, and which are approved by the executive
25director. “Sanitary disposal project” does not include a
26pyrolysis or gasification facility.

   2723.  “Solid waste” means garbage, refuse, rubbish, and other
28similar discarded solid or semisolid materials, including
29but not limited to such materials resulting from industrial,
30commercial, agricultural, and domestic activities. “Solid
31waste”
may include vehicles, as defined by section 321.1,
32subsection 90. This definition does not prohibit the use of
33rubble at places other than a sanitary disposal project. “Solid
34waste”
does not include any of the following:
   35a.  Hazardous waste regulated under the federal Resource
-2-1Conservation and Recovery Act, 42 U.S.C. §6921-6934.
   2b.  Hazardous waste as defined in section 455B.411, except
3to the extent that rules allowing for the disposal of specific
4wastes have been adopted by the commission.
   5c.  Source, special nuclear, or by-product material as
6defined in the Atomic Energy Act of 1954, as amended to January
71, 1979.
   8d.  Petroleum contaminated soil that has been remediated to
9acceptable state or federal standards.
   10e.  Steel slag which is a product resulting from the steel
11manufacturing process and is managed as an item of value in a
12controlled manner and not as a discarded material.
   13f.  Material that is legitimately recycled pursuant to
14section 455D.4A.
   15g.  Post-use polymers or recoverable feedstocks that are any
16of the following:
   17(1)  Processed at a pyrolysis or gasification facility.
   18(2)  Held at a pyrolysis or gasification facility prior to
19processing to ensure production is not interrupted.
   20(3)  Stored off-site with the intent that post-use polymers
21or recoverable feedstocks will be processed at a pyrolysis or
22gasification facility, but before delivery to such a facility.
   2324.  “Waste conversion technologies” means thermal, chemical,
24mechanical, and biological processes capable of converting
25waste from which recyclable materials have been substantially
26diverted or removed into useful products and chemicals, green
27fuels such as ethanol and biodiesel, and clean, renewable
28energy. “Waste conversion technologies” includes but is not
29limited to anaerobic digestion, plasma gasification, and
30pyrolysis, except the term does not include gasification
31and pyrolysis facilities that process post-use polymers or
32recoverable feedstocks
.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
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   1This bill relates to the use of gasification and pyrolysis
2facilities for the conversion of certain recoverable waste
3materials.
   4The bill creates definitions for the processes of
5gasification and pyrolysis, the facilities where those
6processes take place (“gasification facility” and “pyrolysis
7facility”), and the materials used in those processes
8(“post-use polymer” and “recoverable feedstock”). The
9bill excludes pyrolysis and gasification facilities from
10the definition of “sanitary disposal project”, certain
11post-use polymers and recoverable feedstocks from the
12definition of “solid waste”, and certain gasification and
13pyrolysis facilities from the definition of “waste conversion
14technologies”. As such, certain post-use polymers and
15recoverable feedstocks and certain gasification and pyrolysis
16facilities are not subject to solid waste procedures and
17requirements set forth in Code chapter 455B.
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