Wisconsin Legislation Exempting Pyrolysis/Gasification from Solid Waste Management Facility Requirements: Assembly Bill 789

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The State of Wisconsin legislative bodies (House and Senate) enacted Assembly Bill 789 (“Bill”) which is described as generally exempting pyrolysis and gasification facilities from certain laws relating to solid waste storage and treatment facilities.

The American Chemistry Council described the purpose of the bill as ensuring the treatment of post-use plastics as raw materials for “manufacturing” as opposed to “waste.”

The Bill defines a gasification facility as a facility that processes nonrecycled feedstock, which includes one or more of the following materials, derived from nonrecycled waste, that has been processed so that it may be used as feedstock in a gasification facility.

A pyrolysis facility is defined to mean a facility at which post-use plastics are heated, in an oxygen-free environment, until melted and thermally decomposed, then cooled, condensed, and converted into oil, diesel, gasoline, home heating oil, or other liquid fuel; gasoline or diesel blendstock; chemicals or chemical feedstock; waxes or lubricants; or other similar raw material or intermediate or final product.

Post-use plastics are defined to include plastics derived from any source that are not being used for their originally intended purpose and that might otherwise become solid waste if not processed at a pyrolysis or gasification facility or recycled. Post-use plastics include plastics that may contain incidental contaminants or impurities such as paper labels or metal rings.

The American Chemistry Council’s support for the Bill is stated to include the fact that plastics can contain as much energy as coal. The previously referenced facilities are stated to be capable of utilizing plastics as transportation fuels along with lubricants and chemical feedstocks.

A copy of the Bill and testimony from Craig Cookson, Senior Director, Recycling & Energy Recovery, American Chemistry Council, to Wisconsin Assembly Committee on Environment and Forestry can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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