HB 143: "An Act relating to the Department of Environmental Conservation; relating to advanced recycling and advanced recycling facilities; relating to waste; and providing for an effective date."
00 HOUSE BILL NO. 143 01 "An Act relating to the Department of Environmental Conservation; relating to 02 advanced recycling and advanced recycling facilities; relating to waste; and providing 03 for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 46.03.020 is amended to read: 06 Sec. 46.03.020. Powers of the department. The department may 07 (1) enter into contracts and compliance agreements necessary or 08 convenient to carry out the functions, powers, and duties of the department; 09 (2) review and appraise programs and activities of state departments 10 and agencies in light of the policy set out in AS 46.03.010 for the purpose of 11 determining the extent to which the programs and activities are contributing to the 12 achievement of that policy and to make recommendations to the departments and 13 agencies, including environmental guidelines; 14 (3) consult with and cooperate with
01 (A) officials and representatives of any nonprofit corporation or 02 organization in the state; 03 (B) persons, organizations, and groups, public and private, 04 using, served by, interested in, or concerned with the environment of the state; 05 (4) appear and participate in proceedings before any state or federal 06 regulatory agency involving or affecting the purposes of the department; 07 (5) undertake studies, inquiries, surveys, or analyses it may consider 08 essential to the accomplishment of the purposes of the department; these activities 09 may be carried out by the personnel of the department or in cooperation with public or 10 private agencies, including educational, civic, and research organizations, colleges, 11 universities, institutes, and foundations; 12 (6) at reasonable times, enter and inspect with the consent of the owner 13 or occupier any property or premises to investigate either actual or suspected sources 14 of pollution or contamination or to ascertain compliance or noncompliance with a 15 regulation that may be adopted under AS 46.03.020 - 46.03.040; information relating 16 to secret processes or methods of manufacture discovered during investigation is 17 confidential; 18 (7) conduct investigations and hold hearings and compel the 19 attendance of witnesses and the production of accounts, books, and documents by the 20 issuance of a subpoena; 21 (8) advise and cooperate with municipal, regional, and other local 22 agencies and officials in the state, to carry out the purposes of this chapter; 23 (9) act as the official agency of the state in all matters affecting the 24 purposes of the department under federal laws now or hereafter enacted; 25 (10) adopt regulations necessary to carry out the purposes of this 26 chapter, including regulations providing for 27 (A) control, prevention, and abatement of air, water, or land or 28 subsurface land pollution; 29 (B) safeguard standards for petroleum and natural gas pipeline 30 construction, operation, modification, or alteration; 31 (C) protection of public water supplies by establishing
01 minimum drinking water standards, and standards for the construction, 02 improvement, and maintenance of public water supply systems; 03 (D) collection and disposal of sewage and industrial waste; 04 (E) collection and disposal of garbage, refuse, and other 05 discarded solid materials from industrial, commercial, agricultural, and 06 community activities or operations; 07 (F) control of pesticides; 08 (G) other purposes as may be required for the implementation 09 of the policy declared in AS 46.03.010; 10 (H) handling, transportation, treatment, storage, and disposal of 11 hazardous wastes; 12 (11) inspect the premises of sellers and suppliers of paint, vessels, and 13 marine and boating supplies, and take other actions necessary to enforce 14 AS 46.03.715; 15 (12) notwithstanding any other provision of law, take all actions 16 necessary to receive authorization from the administrator of the United States 17 Environmental Protection Agency to administer and enforce a National Pollutant 18 Discharge Elimination System program in accordance with 33 U.S.C. 1342 (sec. 402, 19 Clean Water Act), 33 U.S.C. 1345 (sec. 405, Clean Water Act), 40 C.F.R. Part 123, 20 and 40 C.F.R. Part 403, as amended; 21 (13) require the owner or operator of a facility to undertake 22 monitoring, sampling, and reporting activities described in 33 U.S.C. 1318 (sec. 308, 23 Clean Water Act); 24 (14) notwithstanding any other provision of law, take all actions 25 necessary to receive federal authorization of a state program for the department and 26 the Department of Natural Resources to administer and enforce a dredge and fill 27 permitting program allowed under 33 U.S.C. 1344 (sec. 404, Clean Water Act) and to 28 implement the program, if authorized; 29 (15) develop manufacturing regulations related to air emissions 30 and water discharges by an advanced recycling facility. 31 * Sec. 2. AS 46.03.900(11) is amended to read:
01 (11) "industrial waste" means a liquid, gaseous, solid, or other waste 02 substance or a combination of them resulting from process of industry, manufacturing 03 trade or business, or from the development of natural resources; "industrial waste" 04 does not include post-use polymers and recovered feedstocks at an advanced 05 recycling facility or [HOWEVER,] gravel, sand, mud, or earth taken from its original 06 situs and put through sluice boxes, dredges, or other devices for the washing and 07 recovery of the precious metal contained in them and redeposited in the same 08 watershed from which it came [IS NOT INDUSTRIAL WASTE]; 09 * Sec. 3. AS 46.03.900(17) is amended to read: 10 (17) "other wastes" means garbage, refuse, decayed wood, sawdust, 11 shavings, bark, trimmings from logging operations, sand, lime cinders, ashes, offal, 12 oil, tar, dyestuffs, acids, chemicals, heat from cooling or other operations, and other 13 substances not sewage or industrial waste that [WHICH] may cause or tend to cause 14 pollution of the waters of the state; "other wastes" does not include post-use 15 polymers and recovered feedstocks at an advanced recycling facility; 16 * Sec. 4. AS 46.03.900(26) is amended to read: 17 (26) "solid waste" means garbage, refuse, or abandoned [,] or other 18 discarded solid or semi-solid material, regardless of whether subject to decomposition, 19 originating from any source; "solid waste" does not include post-use polymers and 20 recovered feedstocks at an advanced recycling facility; 21 * Sec. 5. AS 46.03.900(27) is amended to read: 22 (27) "solid waste disposal facility" means a facility for the discharge, 23 deposit, injection, consolidation, or placement of solid waste into or onto the land and 24 includes transfer stations and sanitary landfills, but does not include an advanced 25 recycling facility; 26 * Sec. 6. AS 46.03.900(28) is amended to read: 27 (28) "solid waste processing" means extraction of materials from solid 28 waste, volume reduction, conversion to energy, or other separation and preparation of 29 solid waste for reuse or disposal and includes processing by incinerators, shredders, 30 balers, and transfer stations; "solid waste processing" does not include the 31 extraction of materials from solid waste through advanced recycling;
01 * Sec. 7. AS 46.03.900 is amended by adding new paragraphs to read: 02 (38) "advanced recycling" means the manufacturing process of 03 converting post-use polymers and recovered feedstocks into basic raw materials, 04 feedstocks, chemicals, and other recycled products through pyrolysis, gasification, 05 depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis, 06 chemolysis, or other similar technologies; "advanced recycling" does not include solid 07 waste management, processing, or recovery, incineration, treatment, waste-to-energy 08 processes; 09 (39) "advanced recycling facility" means a manufacturing facility that 10 receives, stores, and converts post-use polymers and recovered feedstocks into basic 11 raw materials, feedstocks, chemicals, and other recycled products; "advanced 12 recycling facility" does not include a solid waste disposal, management, processing, or 13 recovery facility, final disposal facility, incinerating facility, or waste-to-energy 14 facility; 15 (40) "depolymerization" means a manufacturing process where post- 16 use polymers are broken into smaller molecules, such as monomers and oligomers, or 17 raw, intermediate, final, or other recycled products; 18 (41) "gasification" means a manufacturing process through which post- 19 use polymers or recovered feedstocks are heated in an oxygen-controlled atmosphere 20 and converted into syngas before being converted into raw, intermediate, or final raw 21 materials or products; 22 (42) "mass balance attribution" means a chain of custody accounting 23 methodology with rules defined by a third-party certification system that enables the 24 attribution of the mass of advanced recycling feedstocks to one or more advanced 25 recycling products; 26 (43) "other recycled product" includes monomers, oligomers, plastics, 27 plastic and chemical feedstocks, basic and unfinished chemicals, waxes, lubricants, 28 coatings, and adhesives; 29 (44) "post-use polymer" means a plastic that 30 (A) is derived from agricultural, commercial, domestic, or 31 industrial activities, including preconsumer and postconsumer materials;
01 (B) has been sorted from solid waste and other regulated waste 02 but may contain residual amounts of waste and incidental contaminants or 03 impurities; 04 (C) is not mixed with solid waste or hazardous waste onsite or 05 during processing at an advanced recycling facility; 06 (D) is used or intended to be used as a feedstock in advanced 07 recycling; and 08 (E) is processed at an advanced recycling facility or held at an 09 advanced recycling facility before processing; 10 (45) "pyrolysis" means a manufacturing process through which post- 11 use polymers or recovered feedstocks are heated in the absence of oxygen until melted 12 and thermally decomposed, catalytically or noncatalytically, and then cooled, 13 condensed, and converted into raw materials and intermediate and final products; 14 (46) "recovered feedstock" means post-use polymers or materials for 15 which a nonwaste determination or feedstock determination has been made by the 16 United States Environmental Protection Agency and that has been processed so it may 17 be used as feedstock by an advanced recycling facility; "recovered feedstock" does not 18 include unprocessed municipal solid waste or feedstock mixed with solid waste or 19 hazardous waste onsite or during processing at an advanced recycling facility; 20 (47) "recycled plastics" means products that are produced from 21 (A) the mechanical recycling of preconsumer recovered 22 feedstocks or plastics and postconsumer plastics; or 23 (B) the advanced recycling of preconsumer recovered 24 feedstocks or plastics and postconsumer plastics by way of mass balance 25 attribution; 26 (48) "solvolysis" means hydrolysis, aminolysis, ammonolysis, 27 methanolysis, glycolysis, or other manufacturing process through which post-use 28 polymers are purified with the aid of solvents while heated at low temperature, 29 pressure, or both, that allows additives and contaminants to be removed to make 30 monomers, intermediates, chemicals, plastic and chemical feedstocks, or raw 31 materials;
01 (49) "third-party certification system" means an international and 02 multinational certification system that consists of rules for the implementation of mass 03 balance attribution approaches for advanced recycling and recycled plastics. 04 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).