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A07861
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1808
Session of
2019
INTRODUCED BY MACKENZIE, CALTAGIRONE, JAMES, KEEFER, MILLARD,
MIZGORSKI, MOUL, NEILSON, ROTHMAN, SAYLOR, ZIMMERMAN AND
QUINN, SEPTEMBER 16, 2019
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND
ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 10, 2020
AN ACT
Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
act providing for the planning and regulation of solid waste
storage, collection, transportation, processing, treatment,
and disposal; requiring municipalities to submit plans for
municipal waste management systems in their jurisdictions;
authorizing grants to municipalities; providing regulation of
the management of municipal, residual and hazardous waste;
requiring permits for operating hazardous waste and solid
waste storage, processing, treatment, and disposal
facilities; and licenses for transportation of hazardous
waste; imposing duties on persons and municipalities;
granting powers to municipalities; authorizing the
Environmental Quality Board and the Department of
Environmental Resources to adopt rules, regulations,
standards and procedures; granting powers to and imposing
duties upon county health departments; providing remedies;
prescribing penalties; and establishing a fund," in general
provisions, further providing for definitions; providing for
advanced recycling facilities; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of July 7, 1980 (P.L.380,
No.97), known as the Solid Waste Management Act, is amended to
read:
AN ACT
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Providing for the planning and regulation of solid waste
storage, collection, transportation, processing, treatment,
and disposal; requiring municipalities to submit plans for
municipal waste management systems in their jurisdictions;
authorizing grants to municipalities; providing regulation of
the management of municipal, residual and hazardous waste;
requiring permits for operating hazardous waste and solid
waste storage, processing, treatment, and disposal
facilities; and licenses for transportation of hazardous
waste; imposing duties on persons and municipalities;
granting powers to municipalities; authorizing the
Environmental Quality Board and the Department of
Environmental [Resources] Protection to adopt rules,
regulations, standards and procedures; granting powers to and
imposing duties upon county health departments; providing
remedies; prescribing penalties; and establishing a fund.
Section 2. The definitions of "department," "municipal
waste," "processing," "residual waste," "secretary," "solid
waste" and "treatment" in section 103 of the act, amended
February 15, 2018 (P.L.19, No.7), are amended and the section is
amended by adding definitions to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"ADVANCED RECYCLING." A MANUFACTURING PROCESS FOR THE
CONVERSION OF POST-USE POLYMERS THROUGH PROCESSES, INCLUDING
PYROLYSIS, GASIFICATION, DEPOLYMERIZATION, CATALYTIC CRACKING,
REFORMING, HYDROGENATION AND OTHER SIMILAR TECHNOLOGIES, INTO
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ANY OF THE FOLLOWING:
(1) BASIC HYDROCARBON RAW MATERIALS, FEEDSTOCKS,
CHEMICALS, LIQUID FUELS, WAXES AND LUBRICANTS.
(2) OTHER PRODUCTS, INCLUDING, BUT NOT LIMITED TO,
MONOMERS, OLIGOMERS, PLASTICS, CRUDE OIL, NAPHTHA , LIQUID
TRANSPORTATION FUELS AND OTHER BASIC HYDROCARBONS.
"ADVANCED RECYCLING FACILITY." A MANUFACTURING FACILITY THAT
RECEIVES POST-USE POLYMERS AND SEPARATES, STORES AND CONVERTS
THE POST-USE POLYMERS USING ADVANCED RECYCLING. THE TERM DOES
NOT INCLUDE A RESOURCE RECOVERY FACILITY, PROCESSING FACILITY,
MUNICIPAL WASTE PROCESSING OR DISPOSAL FACILITY OR ANY OTHER
FACILITY THAT RECEIVES UNSORTED MUNICIPAL WASTE FOR THE PURPOSE
OF SEPARATING OUT POST-USE POLYMERS FOR USE IN ADVANCED
RECYCLING.
* * *
"Department." The Department of Environmental [Resources]
Protection of the Commonwealth of Pennsylvania and its
authorized representatives.
* * *
"Gasification." A manufacturing process through which
recoverable feedstocks or post-use polymers are heated and
converted into a fuel-gas mixture in an oxygen-deficient
atmosphere and the mixture is converted into valuable raw,
intermediate and final products, including, but not limited to,
plastic, monomers, chemicals, waxes, lubricants, chemical
feedstocks, crude oil, diesel, gasoline, diesel and gasoline
blendstocks, home heating oil and other fuels, including ethanol
and transportation fuel. Gasification shall not be considered
processing, incineration or treatment.
"Gasification facility." A manufacturing facility that
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receives, separates, stores and converts post-use polymers and
recoverable feedstocks using gasification. A gasification
facility shall not be considered to be a municipal waste
disposal or processing facility, a processing facility, an
incinerator or a resource recovery facility.
* * *
"Municipal waste." Any garbage, refuse, industrial lunchroom
or office waste and other material including solid, liquid,
semisolid or contained gaseous material resulting from operation
of residential, municipal, commercial or institutional
establishments and from community activities and any sludge not
meeting the definition of residual or hazardous waste hereunder
from a municipal, commercial or institutional water supply
treatment plant, waste water treatment plant, or air pollution
control facility. The term does not include post-use polymers or
recoverable feedstocks where these materials THAT are converted
through pyrolysis or gasification ADVANCED RECYCLING .
* * *
"Post-use polymers." Plastic polymers that derive from any
household, industrial, municipal, community, commercial or other
source of operations or activities which might otherwise become
a waste if not converted into valuable raw, intermediate and
final products, including, but not limited to, plastic,
monomers, chemicals, waxes, lubricants, chemical feedstocks,
crude oil, diesel, gasoline, diesel and gasoline blendstocks,
home heating oil and other fuels, including ethanol and
transportation fuel. Post-use polymers may contain incidental
contaminants or impurities such as paper labels or metal rings.
Post-use polymers are not mixed with solid waste, municipal
waste, residual waste, medical waste, hazardous waste, e-waste,
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tires or construction demolition debris. Post-use polymers shall
not be considered solid wastes, residual wastes or municipal
wastes.
"POST-USE POLYMERS." POST-USE PLASTIC DERIVED FROM ANY
RESIDENTIAL, MUNICIPAL OR COMMERCIAL SOURCE THAT WOULD NOT
OTHERWISE BE RECYCLED, INCLUDING SOURCE-SEPARATED RECYCLABLE
PLASTICS FROM A MATERIALS RECYCLING FACILITY, THAT IS NOT MIXED
WITH SOLID WASTE, MUNICIPAL WASTE, RESIDUAL WASTE, REGULATED
MEDICAL AND CHEMOTHERAPEUTIC WASTE, HAZARDOUS WASTE, ELECTRONIC
WASTE, WASTE TIRES OR CONSTRUCTION OR DEMOLITION WASTE AND MAY
CONTAIN INCIDENTAL CONTAMINANTS OR IMPURITIES, SUCH AS PAPER
LABELS OR METAL RINGS. FOR THE PURPOSE OF THIS ACT, POST-USE
POLYMERS THAT ARE CONVERTED USING ADVANCED RECYCLING SHALL NOT
BE CONSIDERED SOLID WASTE, MUNICIPAL WASTE OR RESIDUAL WASTE.
"Processing."
(1) The term includes any of the following:
(i) Any method or technology used for the purpose of
reducing the volume or bulk of municipal or residual
waste or any method or technology used to convert part or
all of such waste materials for off-site reuse.
(ii) Transfer facilities, composting facilities, and
resource recovery facilities.
(2) The term does not include [a] any of the following:
(i) A collection or processing center that is only
for source-separated recyclable materials, including
clear glass, colored glass, aluminum, steel and
bimetallic cans, high-grade office paper, newsprint,
corrugated paper and plastics.
(ii) Pyrolysis or gasification processes that
utilize post-use polymers or recoverable feedstocks.
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"Pyrolysis." A manufacturing process through which post-use
polymers are heated in the absence of oxygen until melted and
thermally decomposed and then cooled, condensed and converted
into valuable raw, intermediate and final products, including,
but not limited to, plastic, monomers, chemicals, waxes,
lubricants, chemical feedstocks, crude oil, diesel, gasoline,
diesel and gasoline blendstocks, home heating oil and other
fuels, including ethanol and transportation fuel. Pyrolysis
shall not be considered processing, incineration or treatment.
"Pyrolysis facility." A manufacturing facility that
receives, separates, stores and converts post-use polymers using
pyrolysis. A pyrolysis facility shall not be considered to be a
municipal waste disposal or processing facility, a processing
facility, an incinerator or a resource recovery facility.
"Recoverable feedstocks." One or more of the following
materials, derived from recoverable waste, that has been
processed so that it may be used as feedstock in a gasification
facility:
(1) Post-use polymers.
(2) Materials, including, but not limited to, municipal
solid waste that contains post-use polymers, and other post-
industrial waste containing post-use polymers, that have been
processed into a fuel or feedstock for which the
Environmental Protection Agency has made a nonwaste
determination under 40 CFR 241.3(c) (relating to standards
and procedures for identification of non-hazardous secondary
materials that are solid wastes when used as fuels or
ingredients in combustion units) or otherwise determined are
not waste or for which the department has made a nonwaste
determination.
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"Residual waste."
(1) The term includes any of the following:
(i) Any garbage, refuse, other discarded material or
other waste including solid, liquid, semisolid, or
contained gaseous materials resulting from industrial,
mining and agricultural operations.
(ii) Any sludge from an industrial, mining or
agricultural water supply treatment facility, waste water
treatment facility or air pollution control facility,
provided that it is not hazardous.
(2) The term does not include:
(i) Coal refuse as defined in the "Coal Refuse
Disposal Control Act."
(ii) Treatment sludges from coal mine drainage
treatment plants, disposal of which is being carried on
pursuant to and in compliance with a valid permit issued
pursuant to "The Clean Streams Law."
(iii) Current generation blast furnace, iron and
steel slag if:
(A) used onsite as a waste processing liming
agent in acid neutralization or onsite in place of
aggregate or sold and distributed in the stream of
commerce for consumption, use or further processing
into another desired commodity; and
(B) managed as an item of commercial value in
accordance with industry practices to ensure
commercial value.
(iv) Post-use polymers or recoverable feedstocks
when these materials are converted through pyrolysis or
gasification.
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(II) THE CONVERSION OF POST-USE POLYMERS THROUGH
ADVANCED RECYCLING IN WHICH THE MANUFACTURING ACTIVITIES,
HANDLING OF THE POST-USE POLYMERS AT AN ADVANCED
RECYCLING FACILITY AND THE PRODUCTS AND BY-PRODUCTS OF
THE ADVANCED RECYCLING CONVERSION COMPLY WITH ALL
APPLICABLE ENVIRONMENTAL PROTECTION AGENCY AND DEPARTMENT
RULES AND REGULATIONS.
"Secretary." The Secretary of the Department of
Environmental [Resources] Protection of the Commonwealth of
Pennsylvania.
"Solid waste." Any waste, including but not limited to,
municipal, residual or hazardous wastes, including solid,
liquid, semisolid or contained gaseous materials. The term does
not include [coal] any of the following:
(1) Coal ash [or drill].
(2) Drill cuttings.
(3) Post-use polymers or recoverable feedstocks when
these materials are converted through pyrolysis or
gasification.
* * *
"Treatment." Any method, technique, or process, including
neutralization, designed to change the physical, chemical, or
biological character or composition of any waste so as to
neutralize such waste or so as to render such waste
nonhazardous, safer for transport, suitable for recovery,
suitable for storage, or reduced in volume. Such term includes
any activity or processing designed to change the physical form
or chemical composition of waste so as to render it neutral or
nonhazardous. The term does not include the conversion of post-
use polymers or recoverable feedstocks through pyrolysis or
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gasification. THE CONVERSION OF POST-USE POLYMERS THROUGH
ADVANCED RECYCLING IN WHICH THE MANUFACTURING ACTIVITIES,
HANDLING OF THE POST-USE POLYMERS AT AN ADVANCED RECYCLING
FACILITY AND THE PRODUCTS AND BY-PRODUCTS OF THE ADVANCED
RECYCLING CONVERSION COMPLY WITH ALL APPLICABLE ENVIRONMENTAL
PROTECTION AGENCY AND DEPARTMENT RULES AND REGULATIONS.
Section 3. Sections 105(c), 106(b), 402, 507(a) introductory
paragraph and 602(d) of the act are amended to read:
Section 105. Powers and duties of the Environmental Quality
Board.
* * *
(c) The Environmental Quality Board shall have the power and
its duty shall be to adopt rules and regulations and standards
to provide for the coordination of administration and
enforcement of this act between the Department of Environmental
[Resources] Protection and county health departments where they
exist.
* * *
Section 106. Powers and duties of county health departments;
limitation.
* * *
(b) Notwithstanding the grant of powers in subsection (a),
in any case where administration and enforcement of this act by
a county health department shall conflict with administration
and enforcement by the Department of Environmental [Resources]
Protection, administration and enforcement by the Department of
Environmental [Resources] Protection shall take precedence over
administration and enforcement by a county health department.
Section 402. Listing of hazardous waste.
The Environmental Quality Board shall establish rules and
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regulations identifying the characteristics of hazardous wastes
and listing particular hazardous wastes which shall be subject
to the provisions of this act. The list promulgated shall in no
event prevent the department from regulating other wastes,
which, although not listed, the department has determined to be
hazardous; the Department of Environmental [Resources]
Protection may regulate such hazardous wastes when the
department has determined such waste poses a substantial present
or potential hazard to the human health or the environment by
any means including, but not limited to, issuance of orders and
the imposition of terms and conditions of permits. The board
shall identify the characteristics of hazardous wastes and list
particular hazardous wastes within 30 days after the effective
date of this section, which initial list shall not be subject to
section 107 of this act but shall be promulgated in accordance
with section 204(3) [(relating to omission of notice of proposed
rule making)] of the act of July 31, 1968 (P.L.769, No.240),
referred to as the Commonwealth Documents Law.
Section 507. Siting of hazardous waste treatment and disposal
facilities.
(a) The Department of Environmental [Resources] Protection
shall have the power and authority to develop, prepare and
modify the Pennsylvania Hazardous Waste Facilities Plan. The
plan shall include:
* * *
Section 602. Enforcement orders.
* * *
(d) The Department of Environmental [Resources] Protection
shall have the power to order, orally or in writing, any person
or municipality to immediately suspend or modify hazardous waste
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treatment or disposal activities when he determines that
continued operation will jeopardize public health, safety or
welfare. Said order shall be effective upon issuance and may
only be superseded by further department action or, after an
appeal has been perfected, by the Environmental Hearing Board
after notice and hearing. Furthermore, said order may require
remedial actions to be taken in order to prevent harm to public
health, safety or welfare. Within two business days after the
issuance of such oral order, the department shall issue a
written order reciting and modifying, where appropriate, the
terms and conditions contained in the oral order.
Section 4. The act is amended by adding an article to read:
ARTICLE VIII-A
ADVANCED RECYCLING FACILITIES
Section 801-A. Environmental impact statement.
(a) General rule.--Prior to operating a manufacturing
facility as an advanced recycling facility, the owner or
operator of the facility shall have an environmental impact
statement prepared to examine the impact of the advanced
recycling facility on the following:
(1) Air and water pollution resulting from the creation
and release of any hazardous pollutants through the operation
of the advanced recycling facility.
(2) The greenhouse gas emissions resulting from the
products and processes of the advanced recycling facility,
taking into account the full life cycle, including the final
use of the products of the advanced recycling facility.
(b) Submission.--The owner or operator of the advanced
recycling facility shall submit the environmental impact
statement to the department for posting on the department's
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publicly accessible Internet website.
(c) Disclosure.--The results of the environmental impact
statement shall, whenever reported and communicated, provide
full disclosure of the geographical, temporal and technological
boundaries which have been selected for the assessment.
(d) Prohibition.--The environmental impact statement shall
be prepared by an independent third party with no interest,
directly or indirectly, in the ownership or operation of the
advanced recycling facility or its outputs.
Section 802-A. Carbon neutrality.
An advanced recycling facility shall be carbon neutral.
Section 4 5. This act shall take effect in 60 days.
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