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.