Two House Bills (HB 1953 and 3224) became effective September 1, 2019, with the intention of encouraging recycling activities.
According to data presented by the EPA, municipal waste in the United States contained 35.4 million tons of plastics in 2017 with the majority of it being disposed of in landfills. The EPA data indicated that approximately 76% of the plastics found in municipal waste (26.8 million tons) was landfilled, 8.5% (3 million tons) was reportedly recycled, and 15.5% (5.6 million tons) was reportedly disposed of by combustion with some energy recovery.
HB 1953 amends the Texas Solid Waste Disposal Act to exclude solid waste post-use polymers and recoverable feedstocks processed through pyrolysis or gasification from being qualified as hazardous waste. Post-use polymers are plastic polymers derived from household, commercial and industrial products, which traditionally end up in landfills.
The definition of “recyclable material” was amended to add the following statement, “The term includes post-use polymers and recoverable feedstocks that are converted through pyrolysis or gasification into valuable raw, intermediate, and final products.” The inclusion of these materials as recyclable material instead of hazardous waste removes some barriers and encourages additional recycling.
In addition, pyrolysis and gasification facilities are not to be considered hazardous waste management facilities. These facilities are also excluded from the definition of a “solid waste facility” by the added text, “The term does not include a pyrolysis or gasification facility.” Exclusion of these facilities from the designation as a hazardous waste management or solid waste facility lightens the regulatory burden.
HB 3224 amends the Solid Waste Disposal Act to exclude the person arranging for recycling of certain recyclable materials from being considered a responsible party under Section 361.271. The person would need to establish that they qualify for CERCLA’s federal recycling exemption.
The team at EDGE is available and ready to answer any questions regarding the new recycling standards. For further insight, please contact Robin Mann in our Houston office.
