HB0143b -1- CSHB 143(RES)
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CS FOR HOUSE BILL NO. 143(RES)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY THE HOUSE RESOURCES COMMITTEE
Offered: 4/28/23
Referred: Labor and Commerce
Sponsor(s): HOUSE RESOURCES COMMITTEE
A BILL
FOR AN ACT ENTITLED
"An Act relating to the Department of Environmental Conservation; relating to 1
advanced recycling and advanced recycling facilities; relating to waste; and providing 2
for an effective date." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. AS 46.03.020 is amended to read: 5
Sec. 46.03.020. Powers of the department. The department may 6
(1) enter into contracts and compliance agreements necessary or 7
convenient to carry out the functions, powers, and duties of the department; 8
(2) review and appraise programs and activities of state departments 9
and agencies in light of the policy set out in AS 46.03.010 for the purpose of 10
determining the extent to which the programs and activities are contributing to the 11
achievement of that policy and to make recommendations to the departments and 12
agencies, including environmental guidelines; 13
(3) consult with and cooperate with 14 33-LS0427\R
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(A) officials and representatives of any nonprofit corporation or 1
organization in the state; 2
(B) persons, organizations, and groups, public and private, 3
using, served by, interested in, or concerned with the environment of the state; 4
(4) appear and participate in proceedings before any state or federal 5
regulatory agency involving or affecting the purposes of the department; 6
(5) undertake studies, inquiries, surveys, or analyses it may consider 7
essential to the accomplishment of the purposes of the department; these activities 8
may be carried out by the personnel of the department or in cooperation with public or 9
private agencies, including educational, civic, and research organizations, colleges, 10
universities, institutes, and foundations; 11
(6) at reasonable times, enter and inspect with the consent of the owner 12
or occupier any property or premises to investigate either actual or suspected sources 13
of pollution or contamination or to ascertain compliance or noncompliance with a 14
regulation that may be adopted under AS 46.03.020 - 46.03.040; information relating 15
to secret processes or methods of manufacture discovered during investigation is 16
confidential; 17
(7) conduct investigations and hold hearings and compel the 18
attendance of witnesses and the production of accounts, books, and documents by the 19
issuance of a subpoena; 20
(8) advise and cooperate with municipal, regional, and other local 21
agencies and officials in the state, to carry out the purposes of this chapter; 22
(9) act as the official agency of the state in all matters affecting the 23
purposes of the department under federal laws now or hereafter enacted; 24
(10) adopt regulations necessary to carry out the purposes of this 25
chapter, including regulations providing for 26
(A) control, prevention, and abatement of air, water, or land or 27
subsurface land pollution; 28
(B) safeguard standards for petroleum and natural gas pipeline 29
construction, operation, modification, or alteration; 30
(C) protection of public water supplies by establishing 31 33-LS0427\R
HB0143b -3- CSHB 143(RES)
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minimum drinking water standards, and standards for the construction, 1
improvement, and maintenance of public water supply systems; 2
(D) collection and disposal of sewage and industrial waste; 3
(E) collection and disposal of garbage, refuse, and other 4
discarded solid materials from industrial, commercial, agricultural, and 5
community activities or operations; 6
(F) control of pesticides; 7
(G) other purposes as may be required for the implementation 8
of the policy declared in AS 46.03.010; 9
(H) handling, transportation, treatment, storage, and disposal of 10
hazardous wastes; 11
(11) inspect the premises of sellers and suppliers of paint, vessels, and 12
marine and boating supplies, and take other actions necessary to enforce 13
AS 46.03.715; 14
(12) notwithstanding any other provision of law, take all actions 15
necessary to receive authorization from the administrator of the United States 16
Environmental Protection Agency to administer and enforce a National Pollutant 17
Discharge Elimination System program in accordance with 33 U.S.C. 1342 (sec. 402, 18
Clean Water Act), 33 U.S.C. 1345 (sec. 405, Clean Water Act), 40 C.F.R. Part 123, 19
and 40 C.F.R. Part 403, as amended; 20
(13) require the owner or operator of a facility to undertake 21
monitoring, sampling, and reporting activities described in 33 U.S.C. 1318 (sec. 308, 22
Clean Water Act); 23
(14) notwithstanding any other provision of law, take all actions 24
necessary to receive federal authorization of a state program for the department and 25
the Department of Natural Resources to administer and enforce a dredge and fill 26
permitting program allowed under 33 U.S.C. 1344 (sec. 404, Clean Water Act) and to 27
implement the program, if authorized; 28
(15) develop manufacturing regulations related to air emissions 29
and water discharges by an advanced recycling facility. 30
* Sec. 2. AS 46.03.900(11) is amended to read: 31 33-LS0427\R
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(11) "industrial waste" means a liquid, gaseous, solid, or other waste 1
substance or a combination of them resulting from process of industry, manufacturing 2
trade or business, or from the development of natural resources; "industrial waste" 3
does not include post-use polymers and recovered feedstocks at an advanced 4
recycling facility or [HOWEVER,] gravel, sand, mud, or earth taken from its original 5
situs and put through sluice boxes, dredges, or other devices for the washing and 6
recovery of the precious metal contained in them and redeposited in the same 7
watershed from which it came [IS NOT INDUSTRIAL WASTE]; 8
* Sec. 3. AS 46.03.900(17) is amended to read: 9
(17) "other wastes" means garbage, refuse, decayed wood, sawdust, 10
shavings, bark, trimmings from logging operations, sand, lime cinders, ashes, offal, 11
oil, tar, dyestuffs, acids, chemicals, heat from cooling or other operations, and other 12
substances not sewage or industrial waste that [WHICH] may cause or tend to cause 13
pollution of the waters of the state; "other wastes" does not include post-use 14
polymers and recovered feedstocks at an advanced recycling facility; 15
* Sec. 4. AS 46.03.900(26) is amended to read: 16
(26) "solid waste" means garbage, refuse, or abandoned [,] or other 17
discarded solid or semi-solid material, regardless of whether subject to decomposition, 18
originating from any source; "solid waste" does not include post-use polymers and 19
recovered feedstocks at an advanced recycling facility; 20
* Sec. 5. AS 46.03.900(27) is amended to read: 21
(27) "solid waste disposal facility" means a facility for the discharge, 22
deposit, injection, consolidation, or placement of solid waste into or onto the land and 23
includes transfer stations and sanitary landfills, but does not include an advanced 24
recycling facility; 25
* Sec. 6. AS 46.03.900 is amended by adding new paragraphs to read: 26
(38) "advanced recycling" means the manufacturing process of 27
converting post-use polymers and recovered feedstocks into basic raw materials, 28
feedstocks, chemicals, and other recycled products through pyrolysis, gasification, 29
depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis, 30
chemolysis, or other similar technologies; "advanced recycling" does not include solid 31 33-LS0427\R
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waste management, processing, or recovery, incineration, treatment, waste-to-energy 1
processes; 2
(39) "advanced recycling facility" means a manufacturing facility that 3
receives, stores, and converts post-use polymers and recovered feedstocks into basic 4
raw materials, feedstocks, chemicals, and other recycled products; "advanced 5
recycling facility" does not include a solid waste disposal, management, processing, or 6
recovery facility, final disposal facility, incinerating facility, or waste-to-energy 7
facility; 8
(40) "depolymerization" means a manufacturing process where post-9
use polymers are broken into smaller molecules, such as monomers and oligomers, or 10
raw, intermediate, final, or other recycled products; 11
(41) "gasification" means a manufacturing process through which post-12
use polymers or recovered feedstocks are heated in an oxygen-controlled atmosphere 13
and converted into syngas before being converted into raw, intermediate, or final raw 14
materials or products; 15
(42) "mass balance attribution" means a chain of custody accounting 16
methodology with rules defined by a third-party certification system that enables the 17
attribution of the mass of advanced recycling feedstocks to one or more advanced 18
recycling products; 19
(43) "other recycled product" includes monomers, oligomers, plastics, 20
plastic and chemical feedstocks, basic and unfinished chemicals, waxes, lubricants, 21
coatings, and adhesives; "other recycled product" does not include a product sold as 22
fuel; 23
(44) "post-use polymer" means a plastic that 24
(A) is derived from agricultural, commercial, domestic, or 25
industrial activities, including preconsumer and postconsumer materials; 26
(B) has been sorted from solid waste and other regulated waste 27
but may contain residual amounts of waste and incidental contaminants or 28
impurities; 29
(C) is not mixed with solid waste or hazardous waste onsite or 30
during processing at an advanced recycling facility; 31 33-LS0427\R
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(D) is used or intended to be used as a feedstock in advanced 1
recycling; and 2
(E) is processed at an advanced recycling facility or held at an 3
advanced recycling facility before processing; 4
(45) "pyrolysis" means a manufacturing process through which post-5
use polymers or recovered feedstocks are heated in the absence of oxygen until melted 6
and thermally decomposed, catalytically or noncatalytically, and then cooled, 7
condensed, and converted into raw materials and intermediate and final products; 8
(46) "recovered feedstock" means post-use polymers or materials for 9
which a nonwaste determination or feedstock determination has been made by the 10
United States Environmental Protection Agency and that has been processed so it may 11
be used as feedstock by an advanced recycling facility; "recovered feedstock" does not 12
include unprocessed municipal solid waste or feedstock mixed with solid waste or 13
hazardous waste onsite or during processing at an advanced recycling facility; 14
(47) "recycled plastics" means products that are produced from 15
(A) the mechanical recycling of preconsumer recovered 16
feedstocks or plastics and postconsumer plastics; or 17
(B) the advanced recycling of preconsumer recovered 18
feedstocks or plastics and postconsumer plastics by way of mass balance 19
attribution; 20
(48) "solvolysis" means hydrolysis, aminolysis, ammonolysis, 21
methanolysis, glycolysis, or other manufacturing process through which post-use 22
polymers are purified with the aid of solvents while heated at low temperature, 23
pressure, or both, that allows additives and contaminants to be removed to make 24
monomers, intermediates, chemicals, plastic and chemical feedstocks, or raw 25
materials; 26
(49) "third-party certification system" means an international and 27
multinational certification system that consists of rules for the implementation of mass 28
balance attribution approaches for advanced recycling and recycled plastics. 29
* Sec. 7. This Act takes effect immediately under AS 01.10.070(c). 30