H.B. 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, powders, and powdered coloring for plastics. It designates preproduction plastics as a Class II nonhazardous industrial waste, requiring the TCEQ to establish monitoring and reporting protocols for facilities that manufacture, process, handle, or transport these materials. Facilities operating under a multi-sector general permit will be mandated to monitor receiving waters for preproduction plastics and conduct monthly audits of any major spills.

Additionally, the bill amends existing water quality standards to include considerations for pollution from preproduction plastics, alongside other pollutants. It requires the TCEQ to develop water quality standards based on comprehensive data, including the effects of nonpoint source pollution. The bill also outlines specific monitoring and reporting requirements for facilities, including timely notifications of visible discharges and detailed documentation of cleanup efforts. 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)