§2153. Definitions
As used in this Chapter, the following terms shall have the meaning ascribed to them
in this Section, unless the context clearly indicates otherwise:
(1) "Advanced recycling" means a manufacturing process for the conversion of
post-use polymers and recovered feedstocks into basic raw materials, feedstocks, chemicals,
and other products through processes that include pyrolysis, gasification, depolymerization,
catalytic cracking, reforming, hydrogenation, solvolysis, chemolysis, and other similar
technologies. The recycled products produced at advanced recycling facilities include but
are not limited to monomers, oligomers, plastics, plastic and chemical feedstocks, basic and
unfinished chemicals, waxes, lubricants, coatings, and adhesives. Advanced recycling does
not include incineration of plastics or waste-to-energy processes. Products sold as fuel are
not recycled products. Advanced recycling shall be considered "recycling" as defined in R.S.
30:2412. Advanced recycling shall not be considered solid waste management, solid waste
processing, solid waste recovery, incineration, treatment, or waste-to-energy.
(2) "Advanced recycling facility" means a manufacturing 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
department manufacturing regulations for air, water, waste, and land use. Advanced
recycling facilities shall not be considered solid waste disposal facilities, final disposal
facilities, solid waste management facilities, solid waste processing facilities, solid waste
recovery facilities, incinerators, or waste-to-energy facilities.
(3) "Depolymerization" means a manufacturing process through which post-use
polymers are broken down into smaller molecules such as monomers and oligomers or raw,
intermediate, or final products, plastics, plastic and chemical feedstocks, basic and
unfinished chemicals, waxes, lubricants, and coatings.
(4) "Gasification" means a manufacturing process through which post-use polymers
or recovered feedstocks are heated in an oxygen-controlled atmosphere and converted into
syngas, which is a mixture of carbon monoxide and hydrogen, followed by conversion into
valuable raw, intermediate, and final products, including but not limited to plastic monomers,
chemicals, waxes, lubricants, and chemical feedstocks, that are returned to economic utility
in the form of raw materials or products.
(5) "Mass balance attribution" means a chain of custody accounting methodology
with rules defined by a third-party certification system that enables the attribution of the mass
of advanced recycling feedstocks to one or more advanced recycling products.
(6) "Post-use polymer" means a plastic to which all of the following apply:
(a) The plastic is derived from any industrial, commercial, agricultural, or domestic
activities and includes pre-consumer recovered materials or post-consumer materials.
(b) The plastic is not mixed with solid waste or hazardous waste onsite or during
processing at the advanced recycling facility.
(c) The plastics' use or intended use is as a feedstock for the manufacturing of
feedstocks, raw materials, or other intermediate products or final products using advanced
recycling.
(d) The plastic has been sorted from solid waste and other regulated waste but may
contain residual amounts of waste such as organic material and incidental contaminants or
impurities such as paper labels or metal rings.
(e) The plastic is processed at an advanced recycling facility or held at the facility
prior to processing.
(7) "Pyrolysis" means a manufacturing process through which post-use polymers or
recovered feedstocks are heated in the absence of oxygen until melted and thermally
decomposed, non-catalytically or catalytically, and are then cooled, condensed, and converted
into valuable raw materials and intermediate and final products, including but not limited to
plastic monomers, chemicals, naphtha, waxes, and plastic and chemical feedstocks that are
returned to economic utility in the form of raw materials or products.
(8)(a) "Recovered feedstock" means one or more of the following materials that have
been processed so that it may be used as feedstock in an advanced recycling facility:
(i) Post-use polymers.
(ii) Materials for which the United States Environmental Protection Agency or the
department has made a non-waste determination or has otherwise determined are feedstocks
and not solid waste.
(b) The term "recovered feedstock" shall not include the following:
(i) Unprocessed municipal solid waste.
(ii) Commonly recycled paper that is segregated from solid waste.
(iii) Commonly recycled paper that is collected as part of a collection system that
commingles the paper with other solid waste at any point from the time of collection through
the materials recovery.
(iv) Material that is mixed with solid waste or hazardous waste onsite or during
processing at an advanced recycling facility.
(9) "Recycled plastics" or "recycled plastic" means products that are produced from
the following:
(a) Mechanical recycling of pre-consumer recovered feedstocks or plastics and
post-consumer plastics.
(b) Advanced recycling of pre-consumer recovered feedstocks or plastics and
post-consumer plastics via mass balance attribution under a third-party certification system.
(10) "Resource management" means the process by which solid waste is collected,
transported, stored, separated, processed, or disposed of in any other way, according to an
orderly, purposeful, and planned program. The term "resource management" shall not include
the storage of post-use polymers or recovered feedstocks or the conversion of post-use
polymers or recovered feedstocks through advanced recycling.
(11) "Resource recovery" means the process by which materials, excluding those
under control of the Nuclear Regulatory Commission, which still have useful physical or
chemical properties after serving a specific purpose are reused or recycled for the same or
other purposes, including uses as an energy source. The term "resource recovery" shall not
include the conversion of post-use polymers or recovered feedstocks through advanced
recycling.
(12) "Resource recovery and management facility" means any solid waste disposal
area or other facility, the purpose of which is resource recovery or the disposal, recycling,
processing, or storage of solid waste, excluding any "processing, treatment, or disposal
facility" as defined in R.S. 30:2173. The term "resource recovery and management facility"
shall not include a facility that stores post-use polymers or recovered feedstocks or converts
post-use polymers or recovered feedstocks through advanced recycling.
(13) "Sanitary landfill" means a controlled area of land upon which nonhazardous
solid waste is deposited in such a manner that protects the environment with no on-site
burning of wastes, and so located, contoured, and drained that it will not constitute a source
of water pollution.
(14) "Sanitary landfilling" means an engineered method of disposing of
nonhazardous solid waste on land in a manner that protects the environment.
(15)(a) "Solid waste" means any garbage, refuse, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility, and other discarded
material, including solid, liquid, semi-solid, or contained gaseous material resulting from
industrial, commercial, mining, and agricultural operations, and from community activities,
but does not include or mean solid or dissolved material in domestic sewage or solid or
dissolved materials in irrigation return flows or industrial discharges which are point sources
subject to permits under R.S. 30:2074, or source, special nuclear, or byproduct material as
defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq., or hazardous
waste subject to permits under R.S. 30:2171 et seq.
(b) The definition of solid waste shall not include any of the following:
(i) Uncontaminated scrap metal materials which are purchased for resale to be
recycled or reused and are not destined for disposal.
(ii) Wastewaters in tanks, sumps, and existing ditches as defined by rule, upstream
or downstream of designated internal or final state or federal wastewater discharge points
which require no further treatment to meet applicable state or federal permit limits.
(iii) Wastewaters in tanks, sumps, and existing ditches as defined by rule, which only
require pH adjustment to meet applicable pH permit limits or solids settling to meet total
suspended solids permit limits.
(iv) Automotive fluff which results from the shredding of automobiles by a scrap
metal recycling facility authorized under the laws of the state of Louisiana and from which
metals have been recovered to the maximum extent practicable by the scrap metal recycling
facility.
(v) Post-use polymers or recovered feedstocks that are converted through advanced
recycling or are held at, or for the purpose of conversion at, an advanced recycling facility
prior to conversion.
(16) "Solid waste disposal facility" means any land area or structure or combination
of land areas and structures, used for storing, salvaging, processing, reducing, incinerating,
or disposing of solid wastes, excluding any "processing, treatment, or disposal facility" as
defined in R.S. 30:2173 and any facility where solid waste management activities are limited
to transferring solid waste from collection vehicles to other vehicles for transport without
processing. The term "solid waste disposal facility" shall not include a facility that stores
post-use polymers or recovered feedstocks or converts post-use polymers or recovered
feedstocks through advanced recycling.
(17) "Solvolysis" means a manufacturing process through which post-use polymers
are purified with the aid of solvents while heated at low temperatures or heated at low
temperatures and pressurized to make useful products, while allowing additives and
contaminants to be removed. The products of solvolysis include monomers, intermediates,
valuable chemicals, plastic and chemical feedstocks, and raw materials. The process
includes but is not limited to hydrolysis, aminolysis, ammonolysis, methanolysis, and
glycolysis.
(18) "Third-party certification system" means an international and multinational
third-party certification system which consists of a set of rules for the implementation of
mass balance attribution approaches for advanced recycling of materials. Third-party
certification systems include but are not limited to International Sustainability and Carbon
Certification, Underwriters Laboratories, SCS Recycled Content Certification, Roundtable
on Sustainable Biomaterials, Ecoloop, and REDcert².