Untitled Texas Attorney General Opinion: KP-0508

Summary

Texas Attorney General Opinion No. KP-0508 concludes that advanced recycling facilities using pyrolysis on post-use polymers engage in recycling under the Texas Solid Waste Disposal Act. The opinion distinguishes advanced recycling from incineration and limits its conclusion to pyrolysis involving post-use polymers.

Holdings

1. An advanced recycling facility that uses pyrolysis on post-use polymers is engaged in recycling under the Texas Solid Waste Disposal Act, so long as the materials converted are post-use polymers.
2. Out-of-state litigation concerning California law provides no basis to question the conclusion under Texas law that pyrolysis of post-use polymers is recycling rather than incineration.

Questions Presented

1. Whether an advanced recycling facility that uses pyrolysis on post-use polymers engages in recycling under the Texas Solid Waste Disposal Act.
2. Whether out-of-state litigation characterizing advanced recycling as incineration undermines the conclusion that pyrolysis of post-use polymers is recycling under Texas law.

Disposition

other