Bill
HB 3278
The act would require Illinois to prohibit and limit plastic pellet discharges by imposing new effluent limits and stormwater BMPs for facilities that manufacture, use, package, or
Status (as of 2025-05-27)
- Introduced by Rep. Joyce Mason (filed 2/25/2025). Chief Senate sponsor: Sen. Julie A. Morrison. Alternate Senate co-sponsor added: Sen. Graciela Guzmán (5/27/2025). Other House co-sponsors include Reps. Hoan Huynh, Camille Y. Lilly, and Anne Stava.
- Passed the House (third reading vote 68–38) and transmitted to the Senate. Arrived in the Senate 4/8/2025 and was referred to committee. Committee actions include public hearings (4/9, 4/23); committee failed to report favorably on 4/23. Bill remains pending; not enacted.
Purpose and intent
- To prevent releases of plastic pellets and other preproduction plastic materials into Illinois waters by requiring regulatory standards and permit conditions, and by directing the Illinois EPA to implement controls and best management practices (BMPs) for facilities that make, use, package, or transport plastic pellets.
Key provisions
1. New statutory title
- The act may be cited as the “Plastic Pellet Free Waters Act.”
2. Effluent limitations and discharge prohibition (Environmental Protection Act, new Sec. 29.5)
- Directs the Illinois Environmental Protection Agency (Agency) to adopt rules establishing effluent limitations to prevent discharge of plastic pellets and other preproduction plastic materials into wastewater, stormwater, spills, and runoff.
- Prohibits discharge of plastic pellets/preproduction plastic materials from:
- Facilities regulated under 40 C.F.R. Part 414 or Part 463 (industrial categories identified in federal regulations); and
- Any point source (as defined under the Clean Water Act) that makes, uses, packages, or transports those materials.
- Requires the Agency to incorporate these requirements into all applicable NPDES (National Pollutant Discharge Elimination System) permits, stormwater permits, and standards of performance (including those referenced under relevant Clean Water Act sections).
3. Emergency rulemaking authority (Illinois Administrative Procedure Act, new Sec. 5‑45.65)
- Grants the Agency authority to adopt emergency rules to implement the new statutory requirements.
- Emergency-rule authority is deemed necessary for public interest, safety, and welfare and is repealed one year after the Act’s effective date.
4. Stormwater BMPs (as amended / House Amendment No. 1; new Sec. 12.8)
- Requires the Agency, within one year of the Act’s effective date, to develop and begin implementing a Stormwater Pollution Prevention Plan or similar BMP requirements to be incorporated into NPDES stormwater permits for facilities regulated under 40 C.F.R. Parts 414 or 463 to control plastic pellets in stormwater runoff.
Timing / effective date
- The bill requires the Agency to adopt rules “not later than 60 days after the effective date” for the effluent/discharge requirements.
- Stormwater BMP development must begin within one year of the Act’s effective date.
- The bill states it would take effect upon becoming law.
Who would be affected
- Industrial facilities and point sources that manufacture, process, use, package, or transport plastic pellets and other preproduction plastic materials—particularly those falling under 40 C.F.R. Parts 414 or 463.
- Entities subject to NPDES and stormwater permits in Illinois (permittees would be required to incorporate new effluent limits and BMPs).
- Municipalities and wastewater operators could be affected indirectly where industrial discharges are conveyed to municipal systems or where municipal stormwater permits intersect.
- Environmental regulators (Illinois EPA) — charged with rapid rulemaking and permit modification.
Potential impacts
- Environmental: Aimed at reducing pellet (“nurdle”) pollution in waterways, improving aquatic ecosystem and water quality protection.
- Compliance: Facilities likely would need improved containment, housekeeping, spill-prevention, monitoring, and permit modifications; potential cost and operational changes for affected industries.
- Regulatory: Accelerated rulemaking and one-year emergency rule authority to implement requirements quickly; requirements to be reflected in state-issued and federally delegated permits.
Note on legislative progress
- The bill moved through House committees and was passed by the House, but as of April 23, 2025, it failed to receive an affirmative committee vote in the Senate. Its future depends on further Senate committee action or re-referral.
Compiled from official sources — confirm details with the bill’s official record.
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