101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1618

Introduced 2/15/2019, by Sen. Pat McGuire

SYNOPSIS AS INTRODUCED:
415 ILCS 5/22.59 new

Amends the Environmental Protection Act. Provides that to the extent allowed by federal law, uncontaminated plastics that meet feedstock specifications for a gasification facility or pyrolysis facility, and that are further processed by a gasification facility or pyrolysis facility and returned to the economic mainstream in the form of crude oil, diesel, gasoline, home heating oil or other fuels, chemicals, waxes, lubricants, chemical feedstocks, diesel and gasoline blendstocks, or other raw materials or intermediate or final products, are considered recycled and are not subject to regulation as waste. Defines terms for these provisions. Effective immediately.
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A BILL FOR

SB1618LRB101 09659 CPF 54758 b
1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended by
5adding Section 22.59 as follows:
6 (415 ILCS 5/22.59 new)
7 Sec. 22.59. Regulation of uncontaminated plastics.
8 (a) As used in this Section:
9 "Gasification facility" means a manufacturing facility
10that:
11 (1) receives uncontaminated plastics or nonrecycled
12 feedstocks that meet the facility's specifications for a
13 gasification feedstock; and
14 (2) uses heat in an oxygen-deficient atmosphere to
15 process the feedstock into crude oil, diesel, gasoline,
16 home heating oil or other fuels, chemicals, waxes,
17 lubricants, chemical feedstocks, diesel and gasoline
18 blendstocks, or other raw materials or intermediate or
19 final products that are returned to the economic mainstream
20 in the form of raw materials, products, or fuels.
21 A "gasification facility" is not a pollution control
22facility, a solid waste treatment facility, or a solid waste
23incineration facility.

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1 "Nonrecycled feedstocks" means one or more of the following
2materials, derived from post-use materials, that has been
3source separated or processed so that it may be used as
4feedstock in a gasification facility:
5 (1) uncontaminated plastics; and
6 (2) materials that have been processed into a fuel or
7 feedstock for which the United States Environmental
8 Protection Agency has made a non-waste determination under
9 40 CFR 241.3(c) or otherwise determined are not wastes or
10 for which the board has made a non-waste determination.
11 "Pyrolysis facility" means a manufacturing facility that:
12 (1) receives uncontaminated plastics that meet the
13 facility's specifications for a pyrolysis feedstock; and
14 (2) uses heat in the absence of oxygen to process the
15 uncontaminated plastics into crude oil, diesel, gasoline,
16 home heating oil or other fuels, chemicals, waxes,
17 lubricants, chemical feedstocks, diesel and gasoline
18 blendstocks, or other raw materials or intermediate or
19 final products that are returned to the economic mainstream
20 in the form of raw materials, products, or fuels.
21 A "pyrolysis facility" is not a pollution control facility,
22a solid waste treatment facility, or a solid waste incineration
23facility.
24 "Uncontaminated plastics" means synthetic organic polymers
25that have been molded into shape under heat and pressure and
26then set into a rigid or slightly elastic form and have been

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1source separated at least once after use by a household,
2community, commercial or other activity. "Uncontaminated
3plastics" may contain incidental contaminants or impurities,
4such as paper labels or metal rings. "Uncontaminated plastics"
5are not waste.
6 (b) A gasification facility or pyrolysis facility is
7subject to regulation as a manufacturing facility and shall
8comply with relevant and applicable regulations relating to its
9storm water, water discharges, air emissions, and waste
10generation.
11 (c) To the extent allowed by federal law, uncontaminated
12plastics that meet feedstock specifications for a gasification
13facility or pyrolysis facility, and that are further processed
14by a gasification facility or pyrolysis facility and returned
15to the economic mainstream in the form of crude oil, diesel,
16gasoline, home heating oil or other fuels, chemicals, waxes,
17lubricants, chemical feedstocks, diesel and gasoline
18blendstocks, or other raw materials or intermediate or final
19products, are considered recycled and are not subject to
20regulation as waste.
21 Section 99. Effective date. This Act takes effect upon
22becoming law.