HB4028 - Relating to the regulation of preproduction plastic by the Texas Commission on Environmental Quality.

  89R10955 KRM-D     By: Zwiener H.B. No. 4028       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of preproduction plastic by the Texas   Commission on Environmental Quality.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 361.003, Health and Safety Code, is   amended by adding Subdivision (40) to read as follows:                 (40)     "Preproduction plastic" means plastic resin   pellets, flakes, fibers, and powders, and powdered coloring for   plastics.          SECTION 2.  Subchapter B, Chapter 361, Health and Safety   Code, is amended by adding Section 361.0115 to read as follows:           Sec.   361.0115.     CLASS II NONHAZARDOUS INDUSTRIAL WASTE:   PREPRODUCTION PLASTIC. The commission by rule shall designate   preproduction plastics as a Class II nonhazardous industrial waste.          SECTION 3.  Section 26.0135(a), Water Code, is amended to   read as follows:          (a)  To ensure clean water, the commission shall establish   the strategic and comprehensive monitoring of water quality and the   periodic assessment of water quality in each watershed and river   basin of the state. In order to conserve public funds and avoid   duplication of effort, subject to adequate funding under Section   26.0291, river authorities shall, to the greatest extent possible   and under the supervision of the commission, conduct water quality   monitoring and assessments in their own watersheds. Watershed   monitoring and assessments involving agricultural or silvicultural   nonpoint source pollution shall be coordinated through the State   Soil and Water Conservation Board with local soil and water   conservation districts. The water quality monitoring and reporting   duties under this section apply only to a river authority that has   entered into an agreement with the commission to perform those   duties. The commission, either directly or through cooperative   agreements and contracts with local governments, shall conduct   monitoring and assessments of watersheds where a river authority is   unable to perform an adequate assessment of its own watershed. The   monitoring program shall provide data to identify significant   long-term water quality trends, characterize water quality   conditions, support the permitting process, and classify   unclassified waters. The commission shall consider available   monitoring data and assessment results in developing or reviewing   wastewater permits and stream standards and in conducting other   water quality management activities. The assessment must include a   review of wastewater discharges, nonpoint source pollution,   pollution from preproduction plastic, as defined by Section   26.0421, nutrient loading, toxic materials, biological health of   aquatic life, public education and involvement in water quality   issues, local and regional pollution prevention efforts, and other   factors that affect water quality within the watershed. The   monitoring and assessment required by this section is a continuing   duty, and the monitoring and assessment shall be periodically   revised to show changes in the factors subject to assessment.          SECTION 4.  Section 26.023, Water Code, is amended to read as   follows:          Sec. 26.023.  WATER QUALITY STANDARDS. (a)  In this section:                 (1)     "Preproduction plastic" has the meaning assigned   by Section 26.0421.                 (2)     "Quality assured data" has the meaning assigned by   Section 26.0135(i).           (b)   The commission by rule shall set water quality standards   for the water in the state and may amend the standards from time to   time. The commission has the sole and exclusive authority to set   water quality standards for all water in the state. The commission   shall consider the existence and effects of nonpoint source   pollution, preproduction plastic pollution, toxic materials, and   nutrient loading in developing water quality standards and related   waste load models for water quality. The commission shall develop   standards based on all quality assured data obtained by the   commission, including the local watershed and river basin database   described by Section 26.0135(c)(2). [ In this section, "quality   assured data" has the meaning assigned by Section 26.0135(i). ]          SECTION 5.  Subchapter B, Chapter 26, Water Code, is amended   by adding Section 26.0421 to read as follows:           Sec.   26.0421.     PREPRODUCTION PLASTIC MONITORING AND   REPORTING. (a)   In this section:                 (1)     "Facility" means a facility where preproduction   plastic is manufactured, processed, handled, or transported.                 (2)     "Preproduction plastic" means pre-consumer   plastic resin, consisting of organic polymers and additives, in the   form of pellets, powder, flakes, or powdered additives.           (b)     The commission by rule shall require a person who owns   or operates a facility operating under a multi-sector general   permit to:                 (1)     monitor for preproduction plastics in any   receiving waters around the facility; and                 (2)     conduct a monthly audit of any major spills of   preproduction plastics at the facility.           (c)     The monitoring requirements required under Subsection   (b) must require the person who owns or operates the facility to   monitor any receiving waters for wastewater or stormwater   discharges:                 (1)  not less than once every month; and                 (2)     not later than eight hours after each rainfall   event at the facility.           (d)     The auditing requirements required under Subsection (b)   must require the person who owns or operates the facility to:                 (1)     check the facility for any spills of preproduction   plastics;                 (2)     identify any major spill areas that resulted in   the discharge of preproduction plastics into the waters of this   state;                 (3)     determine the cause of each spill identified under   Subdivision (2);                 (4)     research methods to address each spill and any   associated problems;                 (5)     implement the most simple and effective solution;   and                 (6)     follow up each month to measure the success of   solutions adopted under Subdivision (5).           (e)     The person who owns or operates a facility operating   under a multi-sector general permit shall notify the commission by   e-mail or telephone of a visible discharge of preproduction   plastics not later than 24 hours after the discharge occurs. The   notice must include:                 (1)     photographs and global positioning system   information of the location of all discharged or released   preproduction plastic;                 (2)     an estimate of the amount and location of   discharged or released preproduction plastic; and                 (3)     any cleanup efforts undertaken to remove   preproduction plastic for proper disposal.          SECTION 6.  As soon as practicable after the effective date   of this Act, the Texas Commission on Environmental Quality shall   adopt rules necessary to implement the changes in law made by this   Act.          SECTION 7.  This Act takes effect September 1, 2025.