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A BILL TO BE ENTITLED
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AN ACT
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relating to the conversion of plastics and other recoverable |
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materials through pyrolysis or gasification. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.003, Health and Safety Code, is |
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amended by amending Subdivisions (25), (34), (35), and (36) and |
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adding Subdivisions (10-a), (10-b), (24-a), (25-a), (25-b), and |
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(26-a) to read as follows: |
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(10-a) "Gasification" means a process through which |
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recoverable feedstocks are heated and converted into a fuel-gas |
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mixture in an oxygen-deficient atmosphere and the mixture is |
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converted into a valuable raw, intermediate, or final product, |
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including a plastic, monomer, chemical, wax, lubricant, or chemical |
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feedstock or crude oil, diesel, gasoline, diesel and gasoline |
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blendstock, home heating oil, ethanol, or another fuel. The term |
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does not include incineration. |
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(10-b) "Gasification facility" means a facility that |
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receives, separates, stores, and converts post-use polymers and |
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recoverable feedstocks using gasification. The commission may not |
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consider a gasification facility to be a hazardous waste management |
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facility, a solid waste management facility, or an incinerator. |
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(24-a) "Post-use polymers" means plastic polymers |
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that derive from any household, industrial, community, commercial, |
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or other sources of operations or activities that might otherwise |
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become waste if not converted into a valuable raw, intermediate, or |
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final product. Post-use polymers include used polymers that |
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contain incidental contaminants or impurities such as paper labels |
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or metal rings but do not include used polymers mixed with solid |
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waste, medical waste, hazardous waste, electronic waste, tires, or |
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construction or demolition debris. |
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(25) "Processing" means the extraction of materials |
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from or the transfer, volume reduction, conversion to energy, or |
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other separation and preparation of solid waste for reuse or |
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disposal. The term includes the treatment or neutralization of |
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hazardous waste designed to change the physical, chemical, or |
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biological character or composition of a hazardous waste so as to |
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neutralize the waste, recover energy or material from the waste, |
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render the waste nonhazardous or less hazardous, make it safer to |
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transport, store, or dispose of, or render it amenable for recovery |
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or storage, or reduce its volume. The term does not include: |
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(A) pyrolysis or gasification; or |
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(B) activities concerning those materials |
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exempted by the administrator of the United States Environmental |
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Protection Agency under the federal Solid Waste Disposal Act, as |
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amended by the Resource Conservation and Recovery Act of 1976, as |
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amended (42 U.S.C. Section 6901 et seq.), unless the commission |
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determines that regulation of the activity under this chapter is |
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necessary to protect human health or the environment. |
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(25-a) "Pyrolysis" means a manufacturing process |
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through which post-use polymers are heated in an oxygen-deficient |
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atmosphere until melted and thermally decomposed and then cooled, |
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condensed, and converted into a valuable raw, intermediate, or |
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final product, including a plastic, monomer, chemical, wax, |
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lubricant, or chemical feedstock or crude oil, diesel, gasoline, |
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diesel and gasoline blendstock, home heating oil, ethanol, or |
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another fuel. The term does not include incineration. |
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(25-b) "Pyrolysis facility" means a manufacturing |
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facility that receives, separates, stores, and converts post-use |
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polymers using pyrolysis. The commission may not consider a |
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pyrolysis facility to be a hazardous waste management facility, a |
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solid waste management facility, or an incinerator. |
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(26-a) "Recoverable feedstock" means one or more of |
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the following materials, derived from recoverable waste other than |
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coal refuse, that has been processed so that it may be used as |
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feedstock in a gasification facility: |
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(A) post-use polymers; and |
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(B) material, including municipal solid waste |
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containing post-use polymers and other post-industrial waste |
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containing post-use polymers, that has been processed into a fuel |
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or feedstock for which the commission or the United States |
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Environmental Protection Agency has made a non-waste determination |
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under 40 C.F.R. Section 241.3(c). |
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(34) This subdivision expires on delegation of the |
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Resource Conservation and Recovery Act of 1976 authority to the |
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Railroad Commission of Texas. Subject to the limitations of 42 |
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U.S.C. Section 6903(27) and 40 C.F.R. Section 261.4(a), "solid |
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waste" means garbage, rubbish, refuse, sludge from a waste |
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treatment plant, water supply treatment plant, or air pollution |
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control facility, and other discarded material, including solid, |
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liquid, semisolid, or contained gaseous material resulting from |
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industrial, municipal, commercial, mining, and agricultural |
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operations and from community and institutional activities. The |
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term: |
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(A) does not include: |
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(i) solid or dissolved material in domestic |
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sewage, or solid or dissolved material in irrigation return flows, |
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or industrial discharges subject to regulation by permit issued |
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under Chapter 26, Water Code; |
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(ii) soil, dirt, rock, sand, and other |
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natural or man-made inert solid materials used to fill land if the |
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object of the fill is to make the land suitable for the construction |
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of surface improvements; [or] |
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(iii) waste materials that result from |
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activities associated with the exploration, development, or |
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production of oil or gas or geothermal resources and other |
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substance or material regulated by the Railroad Commission of Texas |
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under Section 91.101, Natural Resources Code, unless the waste, |
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substance, or material results from activities associated with |
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gasoline plants, natural gas or natural gas liquids processing |
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plants, pressure maintenance plants, or repressurizing plants and |
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is hazardous waste as defined by the administrator of the United |
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States Environmental Protection Agency under the federal Solid |
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Waste Disposal Act, as amended by the Resource Conservation and |
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Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et seq.); |
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or |
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(iv) post-use polymers or recoverable |
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feedstocks processed through pyrolysis or gasification that do not |
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qualify as hazardous waste under the Resource Conservation and |
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Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.); and |
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(B) does include hazardous substances, for the |
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purposes of Sections 361.271 through 361.277[, 361.280,] and |
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361.343 through 361.345. |
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(35) This subdivision is effective on delegation of |
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the Resource Conservation and Recovery Act of 1976 authority to the |
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Railroad Commission of Texas. Subject to the limitations of 42 |
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U.S.C. Section 6903(27) and 40 C.F.R. Section 261.4(a), "solid |
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waste" means garbage, rubbish, refuse, sludge from a waste |
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treatment plant, water supply treatment plant, or air pollution |
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control facility, and other discarded material, including solid, |
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liquid, semisolid, or contained gaseous material resulting from |
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industrial, municipal, commercial, mining, and agricultural |
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operations and from community and institutional activities. The |
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term: |
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(A) does not include: |
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(i) solid or dissolved material in domestic |
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sewage, or solid or dissolved material in irrigation return flows, |
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or industrial discharges subject to regulation by permit issued |
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under Chapter 26, Water Code; |
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(ii) soil, dirt, rock, sand, and other |
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natural or man-made inert solid materials used to fill land if the |
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object of the fill is to make the land suitable for the construction |
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of surface improvements; [or] |
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(iii) waste materials that result from |
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activities associated with the exploration, development, or |
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production of oil or gas or geothermal resources and other |
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substance or material regulated by the Railroad Commission of Texas |
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under Section 91.101, Natural Resources Code; or |
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(iv) post-use polymers or recoverable |
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feedstocks processed through pyrolysis or gasification that do not |
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qualify as hazardous waste under the Resource Conservation and |
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Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.); and |
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(B) does include hazardous substances, for the |
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purposes of Sections 361.271 through 361.277[, 361.280,] and |
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361.343 through 361.345. |
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(36) "Solid waste facility" means all contiguous land, |
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including structures, appurtenances, and other improvements on the |
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land, used for processing, storing, or disposing of solid waste. |
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The term includes a publicly or privately owned solid waste |
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facility consisting of several processing, storage, or disposal |
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operational units such as one or more landfills, surface |
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impoundments, or a combination of units. The term does not include |
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a pyrolysis or gasification facility. |
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SECTION 2. Subchapter B, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.041 to read as follows: |
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Sec. 361.041. TREATMENT OF POST-USE POLYMERS AND |
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RECOVERABLE FEEDSTOCKS AS SOLID WASTE. (a) The commission may not |
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consider post-use polymers or recoverable feedstock to be solid |
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waste if they are converted using pyrolysis or gasification into a |
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valuable raw, intermediate, or final product, including a plastic, |
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monomer, chemical, wax, lubricant, or chemical feedstock or crude |
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oil, diesel, gasoline, diesel and gasoline blendstock, home heating |
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oil, ethanol, or another fuel. |
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(b) The recycling and reuse of post-use polymers and |
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recoverable feedstocks classified as hazardous waste under federal |
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law are subject to the federal hazardous waste recycling |
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requirements. |
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SECTION 3. Section 361.119, Health and Safety Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) A facility that reuses or converts recyclable |
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materials through pyrolysis or gasification, and the operations |
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conducted and materials handled at the facility, are not subject to |
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regulation under rules adopted under this section if the owner or |
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operator of the facility demonstrates that: |
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(1) the primary function of the facility is to convert |
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materials that have a resale value greater than the cost of |
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converting the materials for subsequent beneficial use; and |
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(2) all the solid waste generated from converting the |
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materials is disposed of in a hazardous solid waste management |
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facility or a solid waste facility authorized under this chapter, |
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as appropriate, with the exception of small amounts of solid waste |
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that may be inadvertently and unintentionally disposed of in |
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another manner. |
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SECTION 4. Sections 361.421(5), (6), and (8), Health and |
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Safety Code, are amended to read as follows: |
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(5) "Recyclable material" means material that has been |
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recovered or diverted from the solid waste stream for purposes of |
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reuse, recycling, or reclamation, a substantial portion of which is |
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consistently used in the manufacture of products which may |
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otherwise be produced using raw or virgin materials. The term |
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includes post-use polymers and recoverable feedstocks that are |
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converted through pyrolysis or gasification into valuable raw, |
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intermediate, and final products. Recyclable material is not solid |
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waste unless the material is deemed to be hazardous solid waste by |
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the Administrator of the United States Environmental Protection |
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Agency, whereupon it shall be regulated accordingly unless it is |
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otherwise exempted in whole or in part from regulation under the |
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federal Solid Waste Disposal Act, as amended by the Resource |
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Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et |
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seq.), by Environmental Protection Agency regulation. However, |
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recyclable material may become solid waste at such time, if any, as |
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it is abandoned or disposed of rather than recycled, whereupon it |
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will be solid waste with respect only to the party actually |
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abandoning or disposing of the material. |
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(6) "Recycled material" means materials, goods, or |
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products that consist of recyclable material or materials derived |
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from postconsumer waste, industrial waste, or hazardous waste which |
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may be used in place of a raw or virgin material in manufacturing a |
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new product. The term includes post-use polymers and recoverable |
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feedstocks used in pyrolysis or gasification. |
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(8) "Recycling" means a process by which materials |
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that have served their intended use or are scrapped, discarded, |
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used, surplus, or obsolete are collected, separated, or processed |
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and returned to use in the form of raw materials in the production |
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of new products. Recycling includes: |
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(A) the composting process if the compost |
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material is put to beneficial reuse as defined by the commission; |
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[and] |
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(B) the application to land, as organic |
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fertilizer, of processed sludge or biosolids from municipal |
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wastewater treatment plants and other organic matter resulting from |
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poultry, dairy, livestock, or other agricultural operations; and |
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(C) the conversion of post-use polymers and |
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recoverable feedstocks through pyrolysis or gasification. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, the Texas Commission on Environmental Quality shall |
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adopt rules necessary to implement the changes in law made by this |
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Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |