An Act to Provide That Advanced Recycling Facilities Are Subject to Solid Waste Regulation and That Advanced Recycling Does Not Constitute Recycling
Maine Legislature, Session 131, LD 1660
Committee Amendment CA_A_S514 (Senate)
Amends: 38 MRSA §1303-C, 38 MRSA §1310-N, 38 MRSA §1310-Y

COMMITTEE AMENDMENT " ^ " to S.P. 665, L.D. 1660, "An Act to Provide That
Advanced Recycling Facilities Are Subject to Solid Waste Regulation and That Advanced
Recycling Does Not Constitute Recycling"
Amend the bill by striking out the title and substitutmg the following:
'An Act to Ensure Proper Regulation of Chemical Plastic Processing'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 38 MRSA §1303-C, sub-§2-C is enacted to read:
2-C. Chemical plastic processine. ''ChemicaLfi^^^^ processing" means the
processing of plastic waste using chemical or molecular methods mto basic raw materials.
feedstock chemicals. fuel for combustion, waxes or lubricants. "Chemical plastic
processme" does not include plastic-to-plastic recycling.
Sec. 2. 38 MRSA §1303-C, sub-§19-D is enacted to read;
19-D. Plastic. "Plastic" means a synthetic material made from linking monomers,
through a chemical reaction to create_a^polYmer chain, mcluding material derived from
either petroleum or a bioloeicallv based polvmer. such as corn or other plant sources.
Sec. 3. 38 MRSA §1303-C, sub-§19-E is enacted to read:
19-E. PIastic-to-plastic recycline. "Plastic-to-plastic recvclmg"_ means the
production from plastic waste of new plastic material, designedto^ _be used a^
feedstock in placeof raw material for the manufacture of new products made of or
containing elastic, by urocessing the plastic waste in a manner that. in oroducine the new
elastic material:
A. Retains the chemical stmcture_ofthe_Glasticwa^^^
B. Deconstructs the plastic waste into molecular precursors or intermediates and then
3 reconstitutes the precursors or intermediates into plastic polvmers usine methods that
result exclusively in the production of new plastic material.
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT " ^" to S.P.665, L.D.1660 ^ <>-5] 4
"Plastic-to-plastic recycling" does not include chemical plastic processing.
Sec. 4. 38 MRSA §1303-C, sub-§32-A, as enacted by PL 2007, c. 583, §1, is
amended to read:
32-A. Solid waste processing facility. "Solid waste processing facility" means a land
area, structure, equipment, machine, device, system or combination thereof, other than an
incineration facility, that is operated to reduce the volume or change the chemical or
physical characteristics of solid waste. "Solid waste processing facility" includes but is not
limited to a facility that processes plastic waste through chemical plastic orocessine and a
facility that employs shredding, baling, mechanical and magnetic separation or composting
or other stabilization technique to reduce or otherwise change the nature of solid waste.
Sec. 5. 38 MRSA §1310-N, sub-§5-A, ^B, as amended by PL 2023, c. 283,§1, is
farther amended by amending subparagraph (2) to read:
(2) A solid waste processing facility that generates residue requirmg disposal shall
recycle or process into fuel for combustion through methods other than chemical
plastic processing all waste accepted at the facility to the maximum extent
practicable, but in no case at a rate less than 50%. For puiposes of this subsection,
"recycle" includes does not include chemical plastic processing and does include,
but is not limited to, plastic-to-plastic recycling; the reuse of waste generated
within the State as defined in section 13 03-C, subsection 40-A, paragraph C; the
recovery of metals from waste; the use of waste or waste-derived product as
material substitites in construction; and the use of waste as boiler fuel substitutes.
At least 50% of the waste that a solid waste processing facility characterizes as
recycled under this subparagraph must have been reused or recycled by the facility
through methods other than placement of the waste in a solid waste landfill!, except
that a solid waste processing facility that was in operation during calendar year
2018, that accepts exclusively construction and demolition debris and that accepted
more than 200,000 tons of such debris in calendar year 2018 shall:
(a) Reuse or recycle at least 15% of such debris through methods other than
placement in a solid waste landfill by July 1, 2024;
(b) Reuse or recycle at least 20% of such debris through methods other than
placement in a solid waste landfill by July 1,2025;
(c) Reuse or recycle at least 30% of such debris through methods other than
placement in a solid waste landfill by July 1, 2026;
(d) Reuse or recycle at least 40% of such debris through methods other than
placement in a solid waste landfill by July 1, 2027;and
(e) Reuse or recycle at least 50% of such debris through methods other than
placement in a solid waste landfill by July 1, 2028.
Sec. 6. 38 MRSA §1310-N, sub-§5-A, as amended by PL 2023, c. 283, §1, is
further amended by enacting at the end a new first blocked paragraph to read:
For the purposes of this subsection, a solid waste processing facility that processes plastic
waste through chemical plastic processing is deemed to generate residue reguiring disposal.
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT "^. " to S.P. 665, L.D. 1660 ^-
Sec. 7. 38 MRSA §1310-Y, first ^, as amended by PL 2001,c. 575, §1, is further
amended to read:
An owner or operator of a solid waste processing facility that processes plastic waste
through chemical plastic processing that is licensed under section 1310-N or of a solid
waste disposal facility that is licensed under section 1310-N shall provide the department
assurance of its financial ability to satisfy the estimated cost of corrective action for known
releases from the facility and its financial capacity to satisfy the estimated cost of closure
and postclosure care and maintenance at the facility for a period of at least 30 years after
closure. The board may adopt rules that increase or decrease that postclosure care period,
as long as those rules are consistent with applicable federal mles. The department may
consider the use of more than one acceptable form of financial assurance per facility to
satisfy the financial assurance requirement of this section. This section applies to all
privately owned solid waste disposal facilities licensed by the department, including
facilities licensed by the department before June 16,1 993, and to all solid waste processing
facilities that process plastic waste through chemical plastic processing. This section does
not apply to a municipally owned or operated solid waste disposal facility that accepts
exclusively special waste, constmction and demolition debris, land-clearing debris or any
combination of those types of waste or to a municipally owned or operated solid waste
disposal facility licensed before June 16, 1993.
Sec. 8. 38 MRSA §1310-Y, sub-§2, as enacted by PL 1993,c.378,§9, is amended
to read:
2. Report. An owner or operator of a solid waste processing facility that processes
plastic waste through chemical plastic processing or of a solid waste disposal facility shall
annually prepare a report containing a sworn statement providing the year-end balance of
any escrow, trust or reserve account established under this section. That report must be
submitted to the commissioner by March 31st of each year or such other date as the
commissioner may designate.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the majority report of the committee, replaces the bill and
changes the title. It amends the solid waste laws to defme "chemical plastic processing,"
"plastic" and "plastic-to-plastic recycling" and clarifies that a facility that processes plastic
waste through chemical plastic processing is a solid waste processing facility. "Chemical
5 plastic processing" is defined as the processing of plastic waste usmg chemical or molecular
methods into basic raw materials, feedstock chemicals, fuel for combustion, waxes or
lubricants and does not include plastic-to-plastic recycling, The amendment also provides
that, for the purposes of the recycling and source reduction determination requirement
generally applicable to solid waste processing facilities, a solid waste processing facility
may not count as recycled any plastic waste processed through chemical plastic processing.
Finally, the amendment requires a solid waste processing facility that processes plastic
COMMITTEE AMENDMENT
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^,;'-'}'' COMMITTEE AMENDMENT " f[ " to S.P. 665, L.D. 1660 (. ^ ^11(
waste through chemical plastic processing to satisfy financial assurance requirements
currently applicable to solid waste disposal facilities.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 01/17/24 ^•!2i?<=-
LD 1660 LR 1000(02)
An Act to Provide That Advanced Recycling Facilities Are Subject to Solid Waste Regulation and
That Advanced Recycling Does Not Constitute Recycling
Fiscal Note for Bill as Amended by Committee Amendment "/^! (<^.<
Committee: Environment and Natural Resources
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - Other Special Revenue Funds
Fiscal Detail and Notes
Any additional costs to the Department of Environmental Protection from the provisions of this bill are expected to be
minor and can be absorbed within existing budgeted resources.
LR1000(02) - Fiscal Note - Page 1 of 1