Revision: May 2, 2022, 11:26 a.m.
Rep. Bixby, Straf. 17
May 2, 2022
2022-1899h
08/04
Floor Amendment to SB 367
Amend RSA 149-M:4, I-a as inserted by section 2 of the bill by replacing it with the following:
I-a. "Advanced recycling" means a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic raw materials, feedstock chemicals, and other products like waxes and lubricants through processes that include pyrolysis, gasification, depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis, and other similar technologies. The recycled products produced at advanced recycling facilities include monomers, oligomers, plastics, plastics and chemical feedstocks, basic and unfinished chemicals, waxes, lubricants, and coatings. For the purposes of this chapter, the primary products of advanced recycling shall not include hydrocarbons which are marketed, sold, or used as fuel for energy. Incidental products may be used for fuel only within the facility. For the purposes of this chapter, "advanced recycling" shall not be considered solid waste management, solid waste processing, waste processing, treatment, incineration, or combustion.
Amend the bill by replacing section 6 with the following:
6 New Paragraph; Solid Waste Management; Definitions. Amend RSA 149-M:4 by inserting after paragraph XV the following new paragraph:
XV-a. "Post-use polymer" means a plastic to which all of the following apply:
(a) The plastic is derived from industrial, commercial, agricultural, or domestic activities.
(b) The plastic is not mixed with solid waste or hazardous waste.
(c) The plastic's use or intended use is as a feedstock for mechanical or chemical recycling.
(d) The plastic has been sorted from solid waste and other regulated waste but may contain residual amounts of solid waste such as organic material and incidental contaminants or impurities such as paper labels and metal rings.
Amend RSA 149-M:4, XVIII-a and XVIII-b as inserted by section 7 of the bill by replacing it with the following:
XVIII-a. "Pyrolysis" means a manufacturing process through which post-use polymers are heated in the absence of oxygen, sometimes in the presence of catalysts, until thermally decomposed and are then cooled and condensed. The resulting chemicals, when separated from wastes, can provide raw materials for the production of plastics, lubricants, waxes, and other industrially useful chemicals.
XVIII-b. "Recovered feedstock" means one or more of the following materials that has been processed so it may be used as feedstock in an advanced recycling facility:
(a) Post-use polymers.
(b) Materials for which the United States Environmental Protection Agency has made a non waste determination pursuant to 40 C.F.R. 241.3(c), or has otherwise determined are feedstocks and not solid waste.
(c) Recovered feedstock does not include unprocessed municipal solid waste.
(d) Recovered feedstock is not mixed with solid waste or hazardous waste onsite or during processing at an advanced recycling facility.
Amend RSA 149-M:4, XXII as inserted by section 8 of the bill by replacing it with the following:
XXII. "Solid waste" means any matter consisting of putrescible material, refuse, residue from an air pollution control facility, and other discarded or abandoned material. It includes solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities. For purposes of this chapter, it does not include hazardous waste as defined in RSA 147-A:2; solid or dissolved materials in irrigation return flows; cut or uprooted tree stumps buried on-site with local approval if required, provided that such burial locations are not located within 75 feet of any drinking water supply; municipal and industrial discharges which are point sources subject to permits under section 402 of the federal Water Pollution Control Act, as amended; source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 , as amended; [or] septage or sludge as defined in RSA 485-A:2, IX-a and XI-a; or post-use polymers and recovered feedstocks converted at an advanced recycling facility or held at such facility prior to conversion.
Amend section 10 of the bill by replacing it with the following:
10 New Subdivision; Solid Waste Management; Regulation of Advanced Recycling. Amend RSA 149-M by inserting after section 61 the following new subdivision:
Regulation of Advanced Recycling
149-M:62 Regulation of Advanced Recycling.
I. The department shall regulate advanced recycling facilities as manufacturing facilities. An advanced recycling facility and the products and by-products of advanced recycling shall be subject to applicable statutes and departmental rules relative to air, water, waste, and land use. The department may enter and inspect any advanced recycling facility to determine whether storage of materials prior to advanced recycling is a nuisance or poses a threat to the environment. The department may utilize its enforcement authorities under RSA 149-M:15 to require abatement of the nuisance or threat if found. The department may enter and inspect any advanced recycling facility to ensure compliance with all applicable statutes and departmental rules relative to air, water, waste, and land use and take any enforcement actions necessary.
II. Products of advanced recycling shall not be considered “waste-derived products” or “refuse-derived fuel” and shall not be subject to the provisions of this chapter and rules created under its authority relating to waste-derived products and refuse-derived fuel, including but limited to the certification provisions of department of environmental services rule Env-Sw 1500.
III. Advanced recycling facilities shall give priority to utilizing post-use polymers and recovered feedstocks generated within the state.
149-M:63 Reporting for Waste Reduction Goals. For the purpose of reporting recycling rates, all advanced recycling facilities shall report the source of post-use polymers including the state or country of origin, the mass of post-use polymer processed, the mass of recycled product, the mass of residual material, and the mass of processed material used for fuel to the department. Recycled product shall not include any residual material, product used for fuel, or non-post-use-polymer feedstock converted to product.