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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of recycling and recycled products. |
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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 (1), (10-a), (24-a), (25), (25-a), |
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(26-a), (27), (34), (35), and (36) and adding Subdivisions (1-a), |
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(6-a), and (37-a) to read as follows: |
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(1) "Advanced recycling facility" means a |
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manufacturing facility that receives, stores, and converts |
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post-use polymers and recoverable feedstocks using advanced |
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recycling technologies and processes including pyrolysis, |
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gasification, solvolysis, and depolymerization. For purposes of |
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this chapter and rules adopted by the commission under this |
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chapter, an advanced recycling facility is not a solid waste |
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facility, final disposal facility, waste-to-energy facility, or |
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incinerator. |
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(1-a) "Apparent recharge zone" means that recharge |
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zone designated on maps prepared or compiled by, and located in the |
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offices of, the commission. |
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(6-a) "Depolymerization" means a manufacturing |
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process through which post-use polymers are broken down into: |
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(A) smaller molecules, including monomers and |
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oligomers; or |
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(B) raw materials or intermediate or final |
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products, including plastics and chemical feedstocks, basic and |
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unfinished chemicals, waxes, lubricants, or coatings. |
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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 materials or valuable[,] |
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intermediate[,] or final products [product], including plastic |
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monomers, chemicals, waxes, lubricants, or chemical feedstocks [a |
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plastic, monomer, chemical, wax, lubricant, or chemical feedstock |
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or crude oil, diesel, gasoline, diesel and gasoline blendstock, |
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home heating oil, ethanol, or another fuel]. The term does not |
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include incineration. |
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(24-a) "Post-use polymers" means plastics that: |
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(A) are derived from any industrial, commercial, |
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agricultural, or domestic activity, including preconsumer |
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recovered materials and postconsumer materials; |
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(B) are sorted from solid waste and other |
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regulated waste and may contain residual amounts of organic |
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material and incidental contaminants or impurities such as paper |
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labels or metal rings; |
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(C) are not mixed with solid waste or hazardous |
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waste onsite or during processing at an advanced recycling |
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facility; |
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(D) are used or intended for use as a feedstock or |
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for the production of feedstocks, raw materials, or other |
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intermediate or final products using advanced recycling; and |
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(E) are processed or held prior to processing at |
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an advanced recycling facility [plastic polymers that derive from |
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any household, industrial, community, commercial, or other sources |
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of operations or activities that might otherwise become waste if |
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not converted into a valuable raw, intermediate, or final product. |
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Post-use polymers include used polymers that contain incidental |
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contaminants or impurities such as paper labels or metal rings but |
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do not include used polymers mixed with solid waste, medical waste, |
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hazardous waste, electronic waste, tires, or construction or |
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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, solvolysis, or |
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depolymerization; 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 the pyrolysis product is converted into [a] |
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valuable raw materials or valuable[,] intermediate[,] or final |
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products [product], including plastic monomers, chemicals, |
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naphtha, waxes, polymers, or plastic and chemical feedstocks [a |
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plastic, monomer, chemical, wax, lubricant, or chemical feedstock |
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or crude oil, diesel, gasoline, diesel and gasoline blendstock, |
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home heating oil, ethanol, or another fuel]. The term does not |
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include incineration. |
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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 an advanced recycling facility or through [a] |
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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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(i) [containing post-use polymers, that has |
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been processed into a fuel or feedstock] for which the commission or |
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the United States Environmental Protection Agency has made a |
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non-waste determination under 40 C.F.R. Section 241.3(c); or |
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(ii) that the commission or the United |
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States Environmental Protection Agency has otherwise determined |
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are feedstocks and not solid waste. |
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(27) "Recycling" has the meaning assigned by Section |
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361.421 [means the legitimate use, reuse, or reclamation of solid |
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waste]. |
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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; |
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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, |
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solvolysis, or depolymerization that do not qualify as hazardous |
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waste under the Resource Conservation and Recovery Act of 1976 (42 |
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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 and 361.343 through |
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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; |
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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, |
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solvolysis, or depolymerization that do not qualify as hazardous |
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waste under the Resource Conservation and Recovery Act of 1976 (42 |
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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 and 361.343 through |
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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 |
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waste. 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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an advanced recycling [a pyrolysis or gasification] facility. |
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(37-a) "Solvolysis" means a manufacturing process |
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through which post-use polymers are purified with the aid of |
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solvents while heated at low temperatures, pressurized, or both |
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heated at low temperatures and pressurized, to remove additives and |
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contaminants and make useful products, including monomers, |
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intermediates, valuable chemicals, plastic and chemical |
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feedstocks, and raw materials. The process includes hydrolysis, |
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aminolysis, ammonolysis, methanolysis, and glycolysis. |
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SECTION 2. Section 361.0151, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) Notwithstanding any other law, the commission or a |
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political subdivision of this state that establishes goals or |
|
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requirements for recycling or the use of recycled material must |
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base those goals or requirements on the definitions and principles |
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established by Subchapter N. This subsection does not apply to a |
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program described by Subchapter Y or Z. |
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SECTION 3. Section 361.041(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The commission may not consider post-use polymers or |
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recoverable feedstock to be solid waste if they are converted using |
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pyrolysis, [or] gasification, solvolysis, or depolymerization into |
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[a] valuable raw materials or valuable[,] intermediate[,] or final |
|
|
products [product], including plastic monomers, chemicals, waxes, |
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lubricants, or chemical feedstocks [a plastic, monomer, chemical, |
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wax, lubricant, or chemical feedstock or crude oil, diesel, |
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gasoline, diesel and gasoline blendstock, home heating oil, |
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ethanol, or another fuel]. |
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SECTION 4. Section 361.119(c-1), Health and Safety Code, is |
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amended 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, solvolysis, or |
|
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depolymerization, and the operations conducted and materials |
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handled at the facility, are not subject to regulation under rules |
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adopted under this section if the owner or operator of the facility |
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demonstrates that: |
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(1) the primary function of the facility is to convert |
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materials into products [that have a resale value greater than the |
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cost of converting the materials] for subsequent beneficial use; |
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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 5. Section 361.421, Health and Safety Code, is |
|
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amended by amending Subdivisions (5), (6), (7), and (8) and adding |
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Subdivision (6-a) to read as follows: |
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(5) "Recyclable material" means material that can be |
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or has been recovered or diverted from the [solid] waste stream for |
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purposes of reuse, recycling, or reclamation, a substantial portion |
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of which is consistently used in the manufacture of products which |
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may otherwise be produced using raw or virgin materials. The term |
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includes any waste stream, including post-use polymers and |
|
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recoverable feedstocks that are converted through pyrolysis, [or] |
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gasification, solvolysis, or depolymerization into valuable raw |
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materials or valuable[,] intermediate[,] and final products. |
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Recyclable material is not solid waste unless the material is |
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deemed to be hazardous solid waste by the Administrator of the |
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United States Environmental Protection Agency, whereupon it shall |
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be regulated accordingly unless it is otherwise exempted in whole |
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or in part from regulation under the federal Solid Waste Disposal |
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|
Act, as amended by the Resource Conservation and Recovery Act of |
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1976 (42 U.S.C. Section 6901 et seq.), by Environmental Protection |
|
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Agency regulation. However, recyclable material may become solid |
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waste at such time, if any, as it is abandoned or disposed of rather |
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than recycled, whereupon it will be solid waste with respect only to |
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the party actually 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 recovered recyclable material or materials |
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derived from recoverable feedstocks, post-use polymers, |
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postconsumer waste, industrial waste, or hazardous waste which may |
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be used in place of a raw or virgin material in manufacturing a new |
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product or that are certified under a third-party certification |
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system for mass balance attribution identified by the commission |
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under Section 361.4215. The term includes recycled plastics |
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[post-use polymers and recoverable feedstocks used in pyrolysis or |
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gasification]. |
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(6-a) "Recycled plastics" means products that are |
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produced from: |
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(A) mechanical recycling of post-use polymers; |
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or |
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(B) nonmechanical recycling of recoverable |
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feedstocks or post-use polymers that are certified under a |
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third-party certification system for mass balance attribution |
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identified by the commission under Section 361.4215. |
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(7) "Recycled product" means a product that is |
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eligible to be considered a recycled product under [which meets the |
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requirements for recycled material content as prescribed by] the |
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rules established by the commission under [described in] Section |
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361.427. The term does not include a product sold as fuel. |
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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 or feedstocks used |
|
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in the manufacture [production] of new products. The term does not |
|
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include incineration of plastics or waste-to-energy processes. |
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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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(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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solvolysis, or depolymerization. |
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SECTION 6. Subchapter N, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.4215 to read as follows: |
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Sec. 361.4215. MASS BALANCE ATTRIBUTION. The commission by |
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rule shall identify third-party certification systems for mass |
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balance attribution that may be used for the purposes of Sections |
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361.421(6) and (6-a). |
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SECTION 7. Sections 361.427(a) and (b), Health and Safety |
|
|
Code, are amended to read as follows: |
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(a) The commission, in consultation with the comptroller, |
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shall promulgate rules to establish guidelines by which a product |
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is eligible to be considered a recycled product based on: |
|
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(1) the percent of the total content of a product that |
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consists of recycled material; or |
|
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(2) the portion of the total content of a product that |
|
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is determined to consist of recycled material according to a |
|
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third-party certification system for mass balance attribution |
|
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identified by the commission under Section 361.4215. [which specify |
|
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the percent of the total content of a product which must consist of |
|
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recycled material for the product to be a "recycled product."] |
|
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(b) The guidelines established under this section shall |
|
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specify a minimum percent of the recycled material in a product |
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which must be postconsumer waste or post-use polymers. |
|
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SECTION 8. Sections 361.003(10-b) and (25-b), Health and |
|
|
Safety Code, are repealed. |
|
|
SECTION 9. 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 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
|
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
|
If this Act does not receive the vote necessary for immediate |
|
|
effect, this Act takes effect September 1, 2023. |
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* * * * * |