LRB-5037/1
MCP:kjf&wlj
2017 - 2018 LEGISLATURE
December 27, 2017 - Introduced by Representatives Tittl, Ballweg, Brandtjen,
E. Brooks, Horlacher, Kitchens, Knodl, Kulp, Murphy, Mursau, Neylon,
Novak, Tauchen, VanderMeer and Loudenbeck, cosponsored by Senators
Cowles, Olsen, Petrowski and Stroebel. Referred to Committee on
Environment and Forestry.
AB789,1,4 1An Act to amend 287.07 (4) (c), 287.07 (4) (i), 289.01 (33), 289.01 (35), 289.01 (38)
2and 289.01 (39); and to create 289.01 (8m), 289.01 (9m), 289.01 (24g), 289.01
3(24m) and 289.01 (27m) of the statutes; relating to: exempting certain
4facilities from solid waste facility regulations.
Analysis by the Legislative Reference Bureau
This bill exempts pyrolysis and gasification facilities from certain laws relating
to solid waste facilities.
A solid waste facility is a facility for the treatment, storage, or disposal of solid
waste. Under current law and rules promulgated by the Department of Natural
Resources, no person may operate a solid waste facility without an operating license
from DNR. In addition, most solid waste facilities must undergo a pre-construction
or pre-expansion site inspection, obtain DNR approval of a plan of operation for the
facility, comply with certain performance standards to avoid or minimize adverse
environmental impacts, and provide proof of financial responsibility for the closure
of the facility and the post-closure, long-term care of the facility.
This bill exempts pyrolysis and gasification facilities from the definition under
current law of “solid waste facility.” The bill defines a pyrolysis facility as a facility
where post-use plastics are heated until decomposed and then converted into other
materials such as liquid fuel. Under the bill, a gasification facility is a facility where
post-use plastics and certain other materials are heated and ultimately converted
only into fuel or other chemical feedstock.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB789,1 1Section 1. 287.07 (4) (c) of the statutes is amended to read:
AB789,2,42 287.07 (4) (c) Foam polystyrene packaging, unless the packaging is processed
3at a pyrolysis facility, as defined in s. 289.01 (27m), or a gasification facility, as
4defined in s. 289.01 (9m)
.
AB789,2 5Section 2. 287.07 (4) (i) of the statutes is amended to read:
AB789,2,86 287.07 (4) (i) A plastic container, unless the container is processed at a
7pyrolysis facility, as defined in s. 289.01 (27m), or a gasification facility, as defined
8in s. 289.01 (9m)
.
AB789,3 9Section 3. 289.01 (8m) of the statutes is created to read:
AB789,2,1110 289.01 (8m) “Feedstock” means raw material that is used in a machine or
11industrial process.
AB789,4 12Section 4. 289.01 (9m) of the statutes is created to read:
AB789,2,1713 289.01 (9m) “Gasification facility” means a facility that processes nonrecycled
14feedstock by heating and converting the feedstock only into a fuel-gas mixture in an
15oxygen-deficient, noncombustible atmosphere and converting the mixture only into
16fuel, including ethanol and transportation fuel, chemicals, or other chemical
17feedstock.
AB789,5 18Section 5 . 289.01 (24g) of the statutes is created to read:
AB789,2,2119 289.01 (24g) (a) “Nonrecycled feedstock” means one or more of the following
20materials, derived from nonrecycled waste, that has been processed so that it may
21be used as feedstock in a gasification facility:
AB789,3,1
11. Post-use plastics.
AB789,3,32 2. Municipal solid waste that contains post-use plastics and that is processed
3into a fuel that would be considered a legitimate fuel under 40 CFR 241.3 (c).
AB789,3,44 3. Other post-industrial waste containing post-use plastics.
AB789,3,65 (b) “Nonrecycled feedstock” does not include coal refuse, scrap tires, or
6resinated wood.
AB789,6 7Section 6. 289.01 (24m) of the statutes is created to read:
AB789,3,128 289.01 (24m) “Post-use plastics” means plastics derived from any source that
9are not being used for their originally intended purpose and that might otherwise
10become solid waste if not processed at a pyrolysis or gasification facility or recycled.
11“Post-use plastics” includes plastics that may contain incidental contaminants or
12impurities such as paper labels or metal rings.
AB789,7 13Section 7. 289.01 (27m) of the statutes is created to read:
AB789,3,1814 289.01 (27m) “Pyrolysis facility” means a facility at which post-use plastics are
15heated, in an oxygen-free environment, until melted and thermally decomposed,
16then cooled, condensed, and converted into oil, diesel, gasoline, home heating oil, or
17other liquid fuel; gasoline or diesel blendstock; chemicals or chemical feedstock;
18waxes or lubricants; or other similar raw materials or intermediate or final products.
AB789,8 19Section 8 . 289.01 (33) of the statutes is amended to read:
AB789,4,920 289.01 (33) “Solid waste" means any garbage, refuse, sludge from a waste
21treatment plant, water supply treatment plant or air pollution control facility and
22other discarded or salvageable materials, including solid, liquid, semisolid, or
23contained gaseous materials resulting from industrial, commercial, mining and
24agricultural operations, and from community activities, but does not include solids
25or dissolved material in domestic sewage, or solid or dissolved materials in irrigation

1return flows or industrial discharges which are point sources subject to permits
2under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear
3material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31
4(1). “Solid waste” does not include post-use plastics or nonrecycled feedstock that
5are processed at a pyrolysis or gasification facility; that are held at a pyrolysis or
6gasification facility, prior to processing at the facility where they are being held, to
7ensure that production is not interrupted; or that are held off site before delivery to
8a pyrolysis or gasification facility with the intent that they will be processed at a
9pyrolysis or gasification facility.
AB789,9 10Section 9. 289.01 (35) of the statutes is amended to read:
AB789,4,2511 289.01 (35) “Solid waste facility" means a facility for solid waste treatment,
12solid waste storage, or solid waste disposal, and includes commercial, industrial,
13municipal, state, and federal establishments or operations such as, without
14limitation because of enumeration, sanitary landfills, dumps, land disposal sites,
15incinerators, transfer stations, storage facilities, collection and transportation
16services, and processing, treatment, and recovery facilities. This term “Solid waste
17facility”
includes the land where the facility is located. This term “Solid waste
18facility”
does not include a facility for the processing of scrap iron, steel, or nonferrous
19metal using large machines to produce a principal product of scrap metal for sale or
20use for remelting purposes. This term “ Solid waste facility” does not include a facility
21which uses large machines to sort, grade, compact, or bale clean wastepaper, fibers,
22or plastics, not mixed with other solid waste, for sale or use for recycling purposes.
23This term “Solid waste facility” does not include an auto junk yard or scrap metal
24salvage yard. “Solid waste facility” does not include a pyrolysis facility or a
25gasification facility.
AB789,10
1Section 10. 289.01 (38) of the statutes is amended to read:
AB789,5,92 289.01 (38) “Solid waste storage" means the holding of solid waste for a
3temporary period, at the end of which period the solid waste is to be treated or
4disposed. “Solid waste storage” does not include the holding of post-use plastics or
5nonrecycled feedstock at a pyrolysis or gasification facility, prior to processing at the
6facility where they are being held, to ensure that production is not interrupted, or
7the holding of post-use plastics or nonrecycled feedstock off site before delivery to a
8pyrolysis or gasification facility with the intent that they will be processed at a
9pyrolysis or gasification facility.
AB789,11 10Section 11 . 289.01 (39) of the statutes is amended to read:
AB789,5,1511 289.01 (39) “Solid waste treatment" means any method, technique or process
12which is designed to change the physical, chemical or biological character or
13composition of solid waste. “Treatment" includes incineration. “ Solid waste
14treatment” does not include the treatment of post-use plastics or nonrecycled
15feedstock at a pyrolysis or gasification facility.
AB789,5,1616 (End)
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