House Bill No. 4028 aims to regulate preproduction plastic by the Texas Commission on Environmental Quality (TCEQ). The bill introduces a definition for "preproduction plastic," which includes plastic resin pellets, flakes, fibers, and powders, as well as powdered coloring for plastics. It designates preproduction plastics as a Class II nonhazardous industrial waste, requiring the TCEQ to implement rules for monitoring and reporting related to these materials. Additionally, the bill mandates that facilities handling preproduction plastics conduct regular monitoring of receiving waters and perform monthly audits of any major spills.

The bill also amends existing water quality standards to include considerations for pollution from preproduction plastics, alongside other pollutants. It establishes specific monitoring and reporting requirements for facilities operating under a multi-sector general permit, including immediate notification to the TCEQ in the event of a visible discharge of preproduction plastics. The TCEQ is tasked with adopting necessary rules to implement these changes by September 1, 2025.

Statutes affected:
Introduced: Health and Safety Code 361.003, Water Code 26.0135, Water Code 26.023 (Health and Safety Code 361, Water Code 26)