HF 2197

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/15/2021 03:08pm

A bill for an act
relating to environment; defining advanced recycling; amending Minnesota Statutes
2020, sections 115A.03, subdivisions 25, 25d, 27, 28, 34, 35, 36, by adding
subdivisions; 116.06, subdivision 22.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Advanced recycling. new text end

new text begin "Advanced recycling" means a manufacturing process
for converting post-use polymers and recovered feedstocks into basic hydrocarbon raw
materials, feedstocks, chemicals, liquid fuels, 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 but are not limited to monomers, oligomers,
plastics, plastics and chemical feedstocks, basic and unfinished chemicals, crude oil, naphtha,
liquid transportation fuels, waxes, lubricants, coatings, and other basic hydrocarbons.
Advanced recycling is not processing, treatment, resource recovery, incineration, or waste
management.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Advanced recycling facility. new text end

new text begin "Advanced recycling facility" means a facility
that receives, stores, and converts post-use polymers and recovered feedstocks it receives
using advanced recycling. An advanced recycling facility is a manufacturing facility subject
to applicable agency manufacturing regulations for air, water, waste, and land use. An
advanced recycling facility is not a solid waste facility, waste facility, or resource recovery
facility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision to
read:

new text begin Subd. 7b. new text end

new text begin Depolymerization. new text end

new text begin "Depolymerization" means a manufacturing process where
post-use polymers are broken into smaller molecules such as monomers and oligomers or
raw, intermediate, or final products, plastics and chemical feedstocks, basic and unfinished
chemicals, crude oil, naphtha, liquid transportation fuels, waxes, lubricants, coatings, and
other basic hydrocarbons.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision to
read:

new text begin Subd. 10b. new text end

new text begin Gasification. new text end

new text begin "Gasification" means a manufacturing process through which
recovered feedstocks are heated and converted into a fuel-gas mixture in an oxygen-deficient
atmosphere and the mixture is converted into valuable raw materials and intermediate and
final products, including but not limited to plastic monomers, chemicals, waxes, lubricants,
chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blend stocks, home
heating oil, and other fuels including ethanol and transportation fuel, that are returned to
economic utility in the form of raw materials, products, or fuels.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision to
read:

new text begin Subd. 24c. new text end

new text begin Post-use polymers. new text end

new text begin "Post-use polymers" means plastic that:
new text end

new text begin (1) is derived from any industrial, commercial, agricultural, or domestic activities;
new text end

new text begin (2) is not mixed with solid waste or hazardous waste on site or during processing at the
advanced recycling facility;
new text end

new text begin (3) is used or intended to be used as a feedstock for manufacturing crude oil, fuels,
feedstocks, blend stocks, raw materials, or other intermediate products or final products
using advanced recycling;
new text end

new text begin (4) 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; and
new text end

new text begin (5) is processed at an advanced recycling facility or held at an advanced recycling facility
before processing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision to
read:

new text begin Subd. 24d. new text end

new text begin Pyrolysis. new text end

new text begin "Pyrolysis" means a manufacturing process through which post-use
polymers are heated in an oxygen-deficient atmosphere until melted and thermally
decomposed and then cooled, condensed, and converted into valuable raw materials and
intermediate and final products, including but not limited to plastic monomers, chemicals,
waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blend
stocks, home heating oil, and other fuels including ethanol and transportation fuel, that are
returned to economic utility in the form of raw materials, products, or fuels.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2020, section 115A.03, subdivision 25, is amended to read:

Subd. 25.

Processing.

"Processing" means the treatment of waste after collection and
before disposal. Processing includes but is not limited to reduction, storage, separation,
exchange, resource recovery, physical, chemical, or biological modification, and transfer
from one waste facility to another. new text begin Processing does not include advanced recycling.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2020, section 115A.03, subdivision 25d, is amended to read:

Subd. 25d.

Refuse-derived fuel.

"Refuse-derived fuel" means a product resulting from
the processing of mixed municipal solid waste in a manner that reduces the quantity of
noncombustible material present in the waste, reduces the size of waste components through
shredding or other mechanical means, and produces a fuel suitable for combustion in existing
or new solid fuel-fired boilers. new text begin Fuels produced using advanced recycling are not
refuse-derived fuels.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision to
read:

new text begin Subd. 25e. new text end

new text begin Recovered feedstock. new text end

new text begin "Recovered feedstock" means one or more of the
following materials that has been processed so that it may be used as feedstock in an advanced
recycling facility:
new text end

new text begin (1) post-use polymers; and
new text end

new text begin (2) materials for which the United States Environmental Protection Agency has made
a nonwaste determination under Code of Federal Regulations, title 40, section 241.3(c), or
has otherwise determined are feedstocks and not solid waste.
new text end

new text begin Recovered feedstock does not include unprocessed municipal solid waste. Recovered
feedstock is not mixed with solid waste or hazardous waste on site or during processing at
an advanced recycling facility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2020, section 115A.03, subdivision 27, is amended to read:

Subd. 27.

Resource recovery.

"Resource recovery" means the reclamation for sale, use,
or reuse of materials, substances, energy, or other products contained within or derived from
waste. new text begin Resource recovery does not include advanced recycling.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2020, section 115A.03, subdivision 28, is amended to read:

Subd. 28.

Resource recovery facility.

"Resource recovery facility" means a waste
facility established and used primarily for resource recovery, including related and
appurtenant facilities such as transmission facilities and transfer stations primarily serving
the resource recovery facility. new text begin An advanced recycling facility is not a resource recovery
facility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision
to read:

new text begin Subd. 32e. new text end

new text begin Solvolysis. new text end

new text begin "Solvolysis" means a manufacturing process through which
post-use polymers are reacted with the aid of solvents while heated at low temperatures or
pressurized, or both, to make useful products while allowing additives and contaminants to
be separated. The products of solvolysis include but are not limited to monomers,
intermediates, and valuable raw materials. The process includes but is not limited to
hydrolysis, aminolysis, ammonoloysis, methanolysis, and glycolysis.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2020, section 115A.03, subdivision 34, is amended to read:

Subd. 34.

Waste.

"Waste" means solid waste, sewage sludge, and hazardous waste. new text begin
Waste does not include post-use polymers or recovered feedstocks.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

Minnesota Statutes 2020, section 115A.03, subdivision 35, is amended to read:

Subd. 35.

Waste facility.

"Waste facility" means all property, real or personal, including
negative and positive easements and water and air rights, which is or may be needed or
useful for the processing or disposal of waste, except property for the collection of the waste
and property used primarily for the manufacture of scrap metal or paper. Waste facility
includes but is not limited to transfer stations, processing facilities, and disposal sites and
facilities. new text begin An advanced recycling facility is not a waste facility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2020, section 115A.03, subdivision 36, is amended to read:

Subd. 36.

Waste management.

"Waste management" means activities which are intended
to affect or control the generation of waste and activities which provide for or control the
collection, processing and disposal of waste. new text begin Waste management does not include advanced
recycling.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16.

Minnesota Statutes 2020, section 116.06, subdivision 22, is amended to read:

Subd. 22.

Solid waste.

"Solid waste" means garbage, refuse, sludge from a water supply
treatment plant or air contaminant treatment facility, and other discarded waste materials
and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial,
commercial, mining, and agricultural operations deleted text begin , deleted text end and from community activities, but does
not include new text begin :
new text end

new text begin (1) new text end hazardous waste;

new text begin (2) new text end animal waste used as fertilizer;

new text begin (3) new text end earthen fill, boulders, new text begin or new text end rock;

new text begin (4) new text end concrete diamond grinding and saw slurry associated with the construction,
improvement, or repair of a road when deposited on the road project site in a manner that
is in compliance with best management practices and rules of the agency;

new text begin (5) new text end sewage sludge;

new text begin (6) new text end solid or dissolved material in domestic sewage or other common pollutants in water
resources, such as silt, dissolved or suspended solids in industrial wastewater effluents or
discharges deleted text begin which deleted text end new text begin that new text end are point sources subject to permits under section 402 of the Federal
Water Pollution Control Act, as amended, new text begin or new text end dissolved materials in irrigation return flows;
deleted text begin or
deleted text end

new text begin (7) new text end source, special nuclear, or by-product material as defined by the Atomic Energy Act
of 1954, as amended deleted text begin . deleted text end new text begin ; or
new text end

new text begin (8) post-use polymers or recovered feedstocks converted at an advanced recycling facility
or held at an advanced recycling facility before being converted.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end