| 41 | 42 | | New Text Underlined [DELETED TEXT BRACKETED] |
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| 42 | 43 | | |
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| 43 | 44 | | (A) officials and representatives of any nonprofit corporation or 1 |
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| 44 | 45 | | organization in the state; 2 |
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| 45 | 46 | | (B) persons, organizations, and groups, public and private, 3 |
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| 46 | 47 | | using, served by, interested in, or concerned with the environment of the state; 4 |
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| 47 | 48 | | (4) appear and participate in proceedings before any state or federal 5 |
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| 48 | 49 | | regulatory agency involving or affecting the purposes of the department; 6 |
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| 49 | 50 | | (5) undertake studies, inquiries, surveys, or analyses it may consider 7 |
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| 50 | 51 | | essential to the accomplishment of the purposes of the department; these activities 8 |
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| 51 | 52 | | may be carried out by the personnel of the department or in cooperation with public or 9 |
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| 52 | 53 | | private agencies, including educational, civic, and research organizations, colleges, 10 |
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| 53 | 54 | | universities, institutes, and foundations; 11 |
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| 54 | 55 | | (6) at reasonable times, enter and inspect with the consent of the owner 12 |
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| 55 | 56 | | or occupier any property or premises to investigate either actual or suspected sources 13 |
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| 56 | 57 | | of pollution or contamination or to ascertain compliance or noncompliance with a 14 |
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| 57 | 58 | | regulation that may be adopted under AS 46.03.020 - 46.03.040; information relating 15 |
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| 58 | 59 | | to secret processes or methods of manufacture discovered during investigation is 16 |
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| 59 | 60 | | confidential; 17 |
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| 60 | 61 | | (7) conduct investigations and hold hearings and compel the 18 |
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| 61 | 62 | | attendance of witnesses and the production of accounts, books, and documents by the 19 |
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| 62 | 63 | | issuance of a subpoena; 20 |
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| 63 | 64 | | (8) advise and cooperate with municipal, regional, and other local 21 |
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| 64 | 65 | | agencies and officials in the state, to carry out the purposes of this chapter; 22 |
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| 65 | 66 | | (9) act as the official agency of the state in all matters affecting the 23 |
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| 66 | 67 | | purposes of the department under federal laws now or hereafter enacted; 24 |
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| 67 | 68 | | (10) adopt regulations necessary to carry out the purposes of this 25 |
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| 68 | 69 | | chapter, including regulations providing for 26 |
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| 69 | 70 | | (A) control, prevention, and abatement of air, water, or land or 27 |
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| 70 | 71 | | subsurface land pollution; 28 |
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| 71 | 72 | | (B) safeguard standards for petroleum and natural gas pipeline 29 |
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| 72 | 73 | | construction, operation, modification, or alteration; 30 |
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| 75 | 76 | | New Text Underlined [DELETED TEXT BRACKETED] |
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| 76 | 77 | | |
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| 77 | 78 | | minimum drinking water standards, and standards for the construction, 1 |
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| 78 | 79 | | improvement, and maintenance of public water supply systems; 2 |
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| 79 | 80 | | (D) collection and disposal of sewage and industrial waste; 3 |
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| 80 | 81 | | (E) collection and disposal of garbage, refuse, and other 4 |
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| 81 | 82 | | discarded solid materials from industrial, commercial, agricultural, and 5 |
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| 82 | 83 | | community activities or operations; 6 |
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| 83 | 84 | | (F) control of pesticides; 7 |
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| 84 | 85 | | (G) other purposes as may be required for the implementation 8 |
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| 85 | 86 | | of the policy declared in AS 46.03.010; 9 |
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| 86 | 87 | | (H) handling, transportation, treatment, storage, and disposal of 10 |
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| 87 | 88 | | hazardous wastes; 11 |
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| 88 | 89 | | (11) inspect the premises of sellers and suppliers of paint, vessels, and 12 |
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| 89 | 90 | | marine and boating supplies, and take other actions necessary to enforce 13 |
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| 90 | 91 | | AS 46.03.715; 14 |
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| 91 | 92 | | (12) notwithstanding any other provision of law, take all actions 15 |
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| 92 | 93 | | necessary to receive authorization from the administrator of the United States 16 |
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| 93 | 94 | | Environmental Protection Agency to administer and enforce a National Pollutant 17 |
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| 94 | 95 | | Discharge Elimination System program in accordance with 33 U.S.C. 1342 (sec. 402, 18 |
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| 95 | 96 | | Clean Water Act), 33 U.S.C. 1345 (sec. 405, Clean Water Act), 40 C.F.R. Part 123, 19 |
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| 96 | 97 | | and 40 C.F.R. Part 403, as amended; 20 |
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| 97 | 98 | | (13) require the owner or operator of a facility to undertake 21 |
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| 98 | 99 | | monitoring, sampling, and reporting activities described in 33 U.S.C. 1318 (sec. 308, 22 |
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| 99 | 100 | | Clean Water Act); 23 |
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| 100 | 101 | | (14) notwithstanding any other provision of law, take all actions 24 |
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| 101 | 102 | | necessary to receive federal authorization of a state program for the department and 25 |
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| 102 | 103 | | the Department of Natural Resources to administer and enforce a dredge and fill 26 |
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| 103 | 104 | | permitting program allowed under 33 U.S.C. 1344 (sec. 404, Clean Water Act) and to 27 |
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| 104 | 105 | | implement the program, if authorized; 28 |
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| 105 | 106 | | (15) develop manufacturing regulations related to air emissions 29 |
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| 106 | 107 | | and water discharges by an advanced recycling facility. 30 |
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| 109 | 110 | | New Text Underlined [DELETED TEXT BRACKETED] |
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| 110 | 111 | | |
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| 111 | 112 | | (11) "industrial waste" means a liquid, gaseous, solid, or other waste 1 |
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| 112 | 113 | | substance or a combination of them resulting from process of industry, manufacturing 2 |
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| 113 | 114 | | trade or business, or from the development of natural resources; "industrial waste" 3 |
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| 114 | 115 | | does not include post-use polymers and recovered feedstocks at an advanced 4 |
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| 115 | 116 | | recycling facility or [HOWEVER,] gravel, sand, mud, or earth taken from its original 5 |
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| 116 | 117 | | situs and put through sluice boxes, dredges, or other devices for the washing and 6 |
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| 117 | 118 | | recovery of the precious metal contained in them and redeposited in the same 7 |
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| 118 | 119 | | watershed from which it came [IS NOT INDUSTRIAL WASTE]; 8 |
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| 119 | 120 | | * Sec. 3. AS 46.03.900(17) is amended to read: 9 |
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| 120 | 121 | | (17) "other wastes" means garbage, refuse, decayed wood, sawdust, 10 |
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| 121 | 122 | | shavings, bark, trimmings from logging operations, sand, lime cinders, ashes, offal, 11 |
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| 122 | 123 | | oil, tar, dyestuffs, acids, chemicals, heat from cooling or other operations, and other 12 |
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| 123 | 124 | | substances not sewage or industrial waste that [WHICH] may cause or tend to cause 13 |
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| 124 | 125 | | pollution of the waters of the state; "other wastes" does not include post-use 14 |
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| 125 | 126 | | polymers and recovered feedstocks at an advanced recycling facility; 15 |
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| 126 | 127 | | * Sec. 4. AS 46.03.900(26) is amended to read: 16 |
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| 127 | 128 | | (26) "solid waste" means garbage, refuse, or abandoned [,] or other 17 |
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| 128 | 129 | | discarded solid or semi-solid material, regardless of whether subject to decomposition, 18 |
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| 129 | 130 | | originating from any source; "solid waste" does not include post-use polymers and 19 |
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| 130 | 131 | | recovered feedstocks at an advanced recycling facility; 20 |
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| 131 | 132 | | * Sec. 5. AS 46.03.900(27) is amended to read: 21 |
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| 132 | 133 | | (27) "solid waste disposal facility" means a facility for the discharge, 22 |
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| 133 | 134 | | deposit, injection, consolidation, or placement of solid waste into or onto the land and 23 |
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| 134 | 135 | | includes transfer stations and sanitary landfills, but does not include an advanced 24 |
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| 135 | 136 | | recycling facility; 25 |
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| 136 | | - | * Sec. 6. AS 46.03.900 is amended by adding new paragraphs to read: 26 |
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| 137 | | - | (38) "advanced recycling" means the manufacturing process of 27 |
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| 138 | | - | converting post-use polymers and recovered feedstocks into basic raw materials, 28 |
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| 139 | | - | feedstocks, chemicals, and other recycled products through pyrolysis, gasification, 29 |
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| 140 | | - | depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis, 30 |
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| 141 | | - | chemolysis, or other similar technologies; "advanced recycling" does not include solid 31 33-LS0427\R |
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| 142 | | - | HB0143b -5- CSHB 143(RES) |
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| 137 | + | * Sec. 6. AS 46.03.900(28) is amended to read: 26 |
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| 138 | + | (28) "solid waste processing" means extraction of materials from solid 27 |
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| 139 | + | waste, volume reduction, conversion to energy, or other separation and preparation of 28 |
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| 140 | + | solid waste for reuse or disposal and includes processing by incinerators, shredders, 29 |
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| 141 | + | balers, and transfer stations; "solid waste processing" does not include the 30 |
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| 142 | + | extraction of materials from solid waste through advanced recycling; 31 33-LS0427\U |
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| 143 | + | HB0143a -5- HB 143 |
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| 145 | | - | waste management, processing, or recovery, incineration, treatment, waste-to-energy 1 |
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| 146 | | - | processes; 2 |
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| 147 | | - | (39) "advanced recycling facility" means a manufacturing facility that 3 |
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| 148 | | - | receives, stores, and converts post-use polymers and recovered feedstocks into basic 4 |
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| 149 | | - | raw materials, feedstocks, chemicals, and other recycled products; "advanced 5 |
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| 150 | | - | recycling facility" does not include a solid waste disposal, management, processing, or 6 |
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| 151 | | - | recovery facility, final disposal facility, incinerating facility, or waste-to-energy 7 |
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| 152 | | - | facility; 8 |
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| 153 | | - | (40) "depolymerization" means a manufacturing process where post-9 |
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| 154 | | - | use polymers are broken into smaller molecules, such as monomers and oligomers, or 10 |
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| 155 | | - | raw, intermediate, final, or other recycled products; 11 |
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| 156 | | - | (41) "gasification" means a manufacturing process through which post-12 |
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| 157 | | - | use polymers or recovered feedstocks are heated in an oxygen-controlled atmosphere 13 |
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| 158 | | - | and converted into syngas before being converted into raw, intermediate, or final raw 14 |
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| 159 | | - | materials or products; 15 |
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| 160 | | - | (42) "mass balance attribution" means a chain of custody accounting 16 |
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| 161 | | - | methodology with rules defined by a third-party certification system that enables the 17 |
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| 162 | | - | attribution of the mass of advanced recycling feedstocks to one or more advanced 18 |
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| 163 | | - | recycling products; 19 |
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| 164 | | - | (43) "other recycled product" includes monomers, oligomers, plastics, 20 |
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| 165 | | - | plastic and chemical feedstocks, basic and unfinished chemicals, waxes, lubricants, 21 |
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| 166 | | - | coatings, and adhesives; "other recycled product" does not include a product sold as 22 |
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| 167 | | - | fuel; 23 |
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| 168 | | - | (44) "post-use polymer" means a plastic that 24 |
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| 169 | | - | (A) is derived from agricultural, commercial, domestic, or 25 |
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| 170 | | - | industrial activities, including preconsumer and postconsumer materials; 26 |
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| 171 | | - | (B) has been sorted from solid waste and other regulated waste 27 |
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| 172 | | - | but may contain residual amounts of waste and incidental contaminants or 28 |
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| 173 | | - | impurities; 29 |
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| 174 | | - | (C) is not mixed with solid waste or hazardous waste onsite or 30 |
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| 175 | | - | during processing at an advanced recycling facility; 31 33-LS0427\R |
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| 176 | | - | CSHB 143(RES) -6- HB0143b |
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| 146 | + | * Sec. 7. AS 46.03.900 is amended by adding new paragraphs to read: 1 |
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| 147 | + | (38) "advanced recycling" means the manufacturing process of 2 |
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| 148 | + | converting post-use polymers and recovered feedstocks into basic raw materials, 3 |
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| 149 | + | feedstocks, chemicals, and other recycled products through pyrolysis, gasification, 4 |
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| 150 | + | depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis, 5 |
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| 151 | + | chemolysis, or other similar technologies; "advanced recycling" does not include solid 6 |
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| 152 | + | waste management, processing, or recovery, incineration, treatment, waste-to-energy 7 |
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| 153 | + | processes; 8 |
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| 154 | + | (39) "advanced recycling facility" means a manufacturing facility that 9 |
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| 155 | + | receives, stores, and converts post-use polymers and recovered feedstocks into basic 10 |
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| 156 | + | raw materials, feedstocks, chemicals, and other recycled products; "advanced 11 |
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| 157 | + | recycling facility" does not include a solid waste disposal, management, processing, or 12 |
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| 158 | + | recovery facility, final disposal facility, incinerating facility, or waste-to-energy 13 |
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| 159 | + | facility; 14 |
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| 160 | + | (40) "depolymerization" means a manufacturing process where post-15 |
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| 161 | + | use polymers are broken into smaller molecules, such as monomers and oligomers, or 16 |
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| 162 | + | raw, intermediate, final, or other recycled products; 17 |
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| 163 | + | (41) "gasification" means a manufacturing process through which post-18 |
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| 164 | + | use polymers or recovered feedstocks are heated in an oxygen-controlled atmosphere 19 |
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| 165 | + | and converted into syngas before being converted into raw, intermediate, or final raw 20 |
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| 166 | + | materials or products; 21 |
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| 167 | + | (42) "mass balance attribution" means a chain of custody accounting 22 |
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| 168 | + | methodology with rules defined by a third-party certification system that enables the 23 |
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| 169 | + | attribution of the mass of advanced recycling feedstocks to one or more advanced 24 |
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| 170 | + | recycling products; 25 |
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| 171 | + | (43) "other recycled product" includes monomers, oligomers, plastics, 26 |
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| 172 | + | plastic and chemical feedstocks, basic and unfinished chemicals, waxes, lubricants, 27 |
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| 173 | + | coatings, and adhesives; 28 |
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| 174 | + | (44) "post-use polymer" means a plastic that 29 |
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| 175 | + | (A) is derived from agricultural, commercial, domestic, or 30 |
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| 176 | + | industrial activities, including preconsumer and postconsumer materials; 31 33-LS0427\U |
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| 177 | + | HB 143 -6- HB0143a |
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| 179 | | - | (D) is used or intended to be used as a feedstock in advanced 1 |
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| 180 | | - | recycling; and 2 |
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| 181 | | - | (E) is processed at an advanced recycling facility or held at an 3 |
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| 182 | | - | advanced recycling facility before processing; 4 |
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| 183 | | - | (45) "pyrolysis" means a manufacturing process through which post-5 |
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| 184 | | - | use polymers or recovered feedstocks are heated in the absence of oxygen until melted 6 |
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| 185 | | - | and thermally decomposed, catalytically or noncatalytically, and then cooled, 7 |
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| 186 | | - | condensed, and converted into raw materials and intermediate and final products; 8 |
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| 187 | | - | (46) "recovered feedstock" means post-use polymers or materials for 9 |
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| 188 | | - | which a nonwaste determination or feedstock determination has been made by the 10 |
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| 189 | | - | United States Environmental Protection Agency and that has been processed so it may 11 |
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| 190 | | - | be used as feedstock by an advanced recycling facility; "recovered feedstock" does not 12 |
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| 191 | | - | include unprocessed municipal solid waste or feedstock mixed with solid waste or 13 |
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| 192 | | - | hazardous waste onsite or during processing at an advanced recycling facility; 14 |
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| 193 | | - | (47) "recycled plastics" means products that are produced from 15 |
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| 194 | | - | (A) the mechanical recycling of preconsumer recovered 16 |
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| 195 | | - | feedstocks or plastics and postconsumer plastics; or 17 |
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| 196 | | - | (B) the advanced recycling of preconsumer recovered 18 |
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| 197 | | - | feedstocks or plastics and postconsumer plastics by way of mass balance 19 |
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| 198 | | - | attribution; 20 |
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| 199 | | - | (48) "solvolysis" means hydrolysis, aminolysis, ammonolysis, 21 |
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| 200 | | - | methanolysis, glycolysis, or other manufacturing process through which post-use 22 |
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| 201 | | - | polymers are purified with the aid of solvents while heated at low temperature, 23 |
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| 202 | | - | pressure, or both, that allows additives and contaminants to be removed to make 24 |
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| 203 | | - | monomers, intermediates, chemicals, plastic and chemical feedstocks, or raw 25 |
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| 204 | | - | materials; 26 |
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| 205 | | - | (49) "third-party certification system" means an international and 27 |
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| 206 | | - | multinational certification system that consists of rules for the implementation of mass 28 |
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| 207 | | - | balance attribution approaches for advanced recycling and recycled plastics. 29 |
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| 208 | | - | * Sec. 7. This Act takes effect immediately under AS 01.10.070(c). 30 |
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| 180 | + | (B) has been sorted from solid waste and other regulated waste 1 |
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| 181 | + | but may contain residual amounts of waste and incidental contaminants or 2 |
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| 182 | + | impurities; 3 |
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| 183 | + | (C) is not mixed with solid waste or hazardous waste onsite or 4 |
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| 184 | + | during processing at an advanced recycling facility; 5 |
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| 185 | + | (D) is used or intended to be used as a feedstock in advanced 6 |
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| 186 | + | recycling; and 7 |
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| 187 | + | (E) is processed at an advanced recycling facility or held at an 8 |
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| 188 | + | advanced recycling facility before processing; 9 |
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| 189 | + | (45) "pyrolysis" means a manufacturing process through which post-10 |
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| 190 | + | use polymers or recovered feedstocks are heated in the absence of oxygen until melted 11 |
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| 191 | + | and thermally decomposed, catalytically or noncatalytically, and then cooled, 12 |
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| 192 | + | condensed, and converted into raw materials and intermediate and final products; 13 |
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| 193 | + | (46) "recovered feedstock" means post-use polymers or materials for 14 |
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| 194 | + | which a nonwaste determination or feedstock determination has been made by the 15 |
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| 195 | + | United States Environmental Protection Agency and that has been processed so it may 16 |
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| 196 | + | be used as feedstock by an advanced recycling facility; "recovered feedstock" does not 17 |
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| 197 | + | include unprocessed municipal solid waste or feedstock mixed with solid waste or 18 |
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| 198 | + | hazardous waste onsite or during processing at an advanced recycling facility; 19 |
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| 199 | + | (47) "recycled plastics" means products that are produced from 20 |
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| 200 | + | (A) the mechanical recycling of preconsumer recovered 21 |
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| 201 | + | feedstocks or plastics and postconsumer plastics; or 22 |
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| 202 | + | (B) the advanced recycling of preconsumer recovered 23 |
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| 203 | + | feedstocks or plastics and postconsumer plastics by way of mass balance 24 |
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| 204 | + | attribution; 25 |
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| 205 | + | (48) "solvolysis" means hydrolysis, aminolysis, ammonolysis, 26 |
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| 206 | + | methanolysis, glycolysis, or other manufacturing process through which post-use 27 |
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| 207 | + | polymers are purified with the aid of solvents while heated at low temperature, 28 |
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| 208 | + | pressure, or both, that allows additives and contaminants to be removed to make 29 |
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| 209 | + | monomers, intermediates, chemicals, plastic and chemical feedstocks, or raw 30 |
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| 210 | + | materials; 31 33-LS0427\U |
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| 211 | + | HB0143a -7- HB 143 |
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| 212 | + | New Text Underlined [DELETED TEXT BRACKETED] |
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| 213 | + | |
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| 214 | + | (49) "third-party certification system" means an international and 1 |
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| 215 | + | multinational certification system that consists of rules for the implementation of mass 2 |
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| 216 | + | balance attribution approaches for advanced recycling and recycled plastics. 3 |
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| 217 | + | * Sec. 8. This Act takes effect immediately under AS 01.10.070(c). 4 |
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