ACG C.S.S.B. 1954 75(R)BILL ANALYSIS


ENVIRONMENTAL REGULATION
C.S.S.B. 1954
By: Brown (Chisum)
5-21-97
Committee Report (Substituted)


BACKGROUND 

Currently, Texas has a ban on disposing of used oil filters in landfills.
Existing regulations require that a person storing more than 165 gallons
of used oil filters on site must register as a storage facility.  There
are concerns that storage facility regulations are not appropriate for
generators and collectors of used oil filters.  This bill grants specific
authority to generators and collectors of used oil filters to maintain up
to 330 gallons of used oil filters on site without approval from the Texas
Natural Resource Conservation Commission and without the need to register
as a storage facility. 

PURPOSE

C.S.S.B. 1954 sets forth provisions regarding the regulation of used oil
filter containers. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 361, Health and Safety Code, by adding
Subchapter T, as follows: 
 Sec.  361.701  (a) Prohibits a used oil filter from being intentionally
or knowingly placed in or accepted for disposal in a landfill permitted by
the Texas Natural Resources Conservation Commission; Requires oil filters
to be managed in accordance with certain standards. 
 Sec.  361.701  (b) Prohibits a person from generating, collecting,
transporting, processing, or recycling a used oil filter in a manner that
endangers or damages the public health and welfare or the environment, or
knowingly placing a used oil filter containing oil on land. 
 Sec. 361.702  Stipulate persons to whom this chapter applies; gives
exceptions. 
 Sec. 361.703 (a)  Allows a used oil filter generator to store used oil
filters on site in containers with specified capacities without commission
approval or registration as a storage facility. Allows a used oil filter
generator, on commission approval, to store more than 330 gallons without 
registering as a storage facility.
 Sec. 361.703 (b)  Allows a used oil filter collector to store used oil
filters on-site in containers with specified capacities without commission
approval or registration as a storage facility. 
 Sec. 361.703 (c)  Requires containers to meet stated criteria.
 Sec. 361.703 (d)  Requires a person to remove from service containers
that are found to be leaking or in poor condition. 

SECTION 2.  Repeals Section 361.432, Health and Safety Code.

SECTION 3.  Effective date: September 1, 1997.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

Section 363.703(a) of the original is relocated to be Section 363.701(b)
of the substitute. 

The substitute adds a requirement that, except as provided in this
subchapter, a used oil filter shall  be managed in accordance with
stipulated standards.  This requirement is not in the original. 

The substitute also allows a generator, on commission approval, to store
more than 330 gallons without registering  as a storage facility.  This
provision is not in the original.