75R12582 E By Howard H.B. No. 3274 Substitute the following for H.B. No. 3274: By Howard C.S.H.B. No. 3274 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of used oil filters. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. The heading to Chapter 371, Health and Safety 1-5 Code, is amended to read as follows: 1-6 CHAPTER 371. USED OIL AND USED OIL FILTER COLLECTION, 1-7 MANAGEMENT, AND RECYCLING 1-8 SECTION 2. Section 371.001, Health and Safety Code, is 1-9 amended to read as follows: 1-10 Sec. 371.001. SHORT TITLE. This chapter may be cited as the 1-11 Texas Used Oil and Used Oil Filter Collection, Management, and 1-12 Recycling Act. 1-13 SECTION 3. Section 371.0025(c), Health and Safety Code, is 1-14 amended to read as follows: 1-15 (c) This chapter does not apply to a used oil filter 1-16 generated in connection with activities regulated by the Railroad 1-17 Commission of Texas under Chapter 91, 131, 134, or 141, Natural 1-18 Resources Code, or Chapter 27, Water Code, or regulated by the 1-19 Public Utility Commission of Texas under the Public Utility 1-20 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil 1-21 Statutes). A registered processor must process a filter regulated 1-22 by the Railroad Commission of Texas or the Public Utility 1-23 Commission of Texas in accordance with the regulations of the 1-24 applicable agency. 2-1 SECTION 4. Section 371.0246(c), Health and Safety Code, is 2-2 amended to read as follows: 2-3 (c) An application must contain: 2-4 (1) the name, address, and telephone number of the 2-5 applicant; 2-6 (2) the name, mailing address, location address, and 2-7 commission registration number of the registered do-it-yourselfer 2-8 used oil collection center or used oil collection center from which 2-9 the contaminated oil was removed; 2-10 (3) the name, address, telephone number, and 2-11 commission registration number of the hazardous waste transporter 2-12 used to dispose of the contaminated used oil; 2-13 (4) a copy of any shipping documents that accompanied 2-14 the transportation of the shipment of used oil; 2-15 (5) a copy of each invoice for which reimbursement is 2-16 requested and evidence that the amount shown on the invoice has 2-17 been paid in full in the form of: 2-18 (A) canceled checks; 2-19 (B) business receipts from the person who 2-20 performed the work; or 2-21 (C) other documentation approved by the 2-22 commission; 2-23 (6) a waste-characterization or similar documentation 2-24 required before acceptance of a hazardous waste by the disposal 2-25 facility that accepted the contaminated used oil for treatment or 2-26 disposal; and 2-27 (7) any other information that the executive director 3-1 of the commission may reasonably require. 3-2 SECTION 5. Chapter 371, Health and Safety Code, is amended 3-3 by adding Subchapter E to read as follows: 3-4 SUBCHAPTER E. USED OIL FILTERS 3-5 Sec. 371.081. APPLICABILITY. (a) This subchapter applies 3-6 to a: 3-7 (1) person who handles used oil filters; 3-8 (2) used oil filter generator; 3-9 (3) used oil filter collection center; 3-10 (4) transfer facility; 3-11 (5) processor; and 3-12 (6) transporter. 3-13 (b) The provisions of this subchapter other than Sections 3-14 371.083(1) and (2) do not apply to an end user of used oil filters. 3-15 Sec. 371.082. DEFINITIONS. Notwithstanding Section 371.003, 3-16 in this subchapter: 3-17 (1) "Bulk filter container" means a container that: 3-18 (A) is approved by the commission; 3-19 (B) has a capacity of more than 55 gallons; and 3-20 (C) is part of an integrated delivery and 3-21 retrieval system. 3-22 (2) "End user" includes a person who uses a: 3-23 (A) processed used oil filter or its components 3-24 as feedstock for the manufacturing of finished products; or 3-25 (B) used oil filter or its components for energy 3-26 recovery. 3-27 (3) "Free-flowing oil" means a noticeable stream of 4-1 oil that exits a used oil filter when the filter is lifted. 4-2 (4) "Household do-it-yourselfer used oil filter" means 4-3 a used oil filter derived from a household, including a used oil 4-4 filter generated by an individual through the maintenance of the 4-5 individual's personal vehicle or equipment. 4-6 (5) "Household do-it-yourselfer used oil filter 4-7 generator" means an individual who generates a household 4-8 do-it-yourselfer used oil filter. 4-9 (6) "Oil filter" means an integral part of an oil flow 4-10 system the purpose of which is to remove contaminants from the 4-11 flowing oil contained within the system. 4-12 (7) "Processing" means a method that separates 4-13 free-flowing oil and the components of a used oil filter from a 4-14 whole filter. 4-15 (8) "Processor" means a person who engages in 4-16 processing. 4-17 (9) "Terne" means an alloy of tin and lead. 4-18 (10) "Transfer facility" means a facility that holds 4-19 processed or unprocessed used oil filters or their components 4-20 during transportation for more than two working days. 4-21 (11) "Transporter" means a person engaged in the 4-22 off-site transportation of used oil filters or their components. 4-23 (12) "Used oil filter" means an oil filter other than 4-24 a terne-plated filter, including the filter's components, that: 4-25 (A) is contaminated by physical or chemical 4-26 impurities as a result of use; and 4-27 (B) is removed from service. 5-1 (13) "Used oil filter collection center" means a 5-2 facility that accepts household do-it-yourselfer used oil filters, 5-3 including: 5-4 (A) an automotive service or parts facility that 5-5 in the course of business accepts, for recycling, used oil filters 5-6 from household do-it-yourselfer used oil filter generators; 5-7 (B) a facility that stores used oil filters in 5-8 aboveground containers and that in the course of business accepts, 5-9 for recycling, used oil filters from household do-it-yourselfer 5-10 used oil filter generators; and 5-11 (C) a publicly sponsored used oil collection 5-12 facility that is designated and authorized by the executive 5-13 director of the commission to accept for recycling used oil filters 5-14 from household do-it-yourselfer used oil filter generators. 5-15 (14) "Used oil filter component" includes the filter 5-16 media and metal housing of a used oil filter. 5-17 (15) "Used oil filter generator" means a person, by 5-18 site, whose act or process produces used oil filters or used oil 5-19 filter components or first causes the filters or components to 5-20 become subject to regulation but does not include a household 5-21 do-it-yourselfer used oil filter generator. 5-22 Sec. 371.083. PROHIBITIONS. A person may not: 5-23 (1) generate, collect, transport, process, or recycle 5-24 a used oil filter in a manner that endangers or damages the public 5-25 health or welfare or the environment; 5-26 (2) intentionally or knowingly: 5-27 (A) place a used oil filter containing oil on 6-1 land; 6-2 (B) mix or commingle a used oil filter with 6-3 waste that is to be disposed of in a landfill; or 6-4 (C) accept a used oil filter or a recyclable 6-5 used oil filter component for disposal in a landfill permitted by 6-6 the commission; 6-7 (3) knowingly collect, transport, process, recycle, or 6-8 otherwise handle a used oil filter in this state: 6-9 (A) without first complying with the 6-10 notification or registration requirements of this subchapter; or 6-11 (B) in violation of rules adopted by the 6-12 commission for the management of used oil filters or used oil; or 6-13 (4) sell, convey, or otherwise transfer to an end user 6-14 or disposal facility a used oil filter or used oil filter component 6-15 that has not been processed to the end user's or disposal 6-16 facility's standards. 6-17 Sec. 371.084. USED OIL FILTER GENERATORS. (a) A used oil 6-18 filter generator shall ensure that all free-flowing oil has been 6-19 removed from a used oil filter stored on-site or shipped off-site. 6-20 The oil may be removed by: 6-21 (1) puncturing the filter antidrain valve or the dome 6-22 end of the filter and hot-draining; 6-23 (2) hot-draining and crushing; 6-24 (3) dismantling and hot-draining; 6-25 (4) flushing; or 6-26 (5) another method approved by the commission that 6-27 will remove the free-flowing oil to the greatest extent feasible. 7-1 (b) A used oil filter generator may process used oil filters 7-2 generated on-site without registering as a processor. The used oil 7-3 filter generator must: 7-4 (1) obtain and maintain on-site a copy of the end 7-5 user's acceptance standards; and 7-6 (2) process the used oil filters in accordance with 7-7 those standards. 7-8 (c) A used oil filter generator must store or transport a 7-9 used oil filter in a container that is: 7-10 (1) securely closed; 7-11 (2) waterproof; 7-12 (3) nonleaking; 7-13 (4) in good condition; and 7-14 (5) labeled "Used Oil Filters." 7-15 (d) A used oil filter generator may store used oil filters 7-16 on-site in: 7-17 (1) not more than two bulk filter containers; 7-18 (2) six or fewer containers that do not have an 7-19 aggregate volume of more than 330 gallons; or 7-20 (3) more than six containers with commission approval. 7-21 (e) A used oil filter generator may transport at one time 7-22 without registering as a transporter used oil filters in: 7-23 (1) one bulk filter container; or 7-24 (2) five or fewer containers that do not have an 7-25 aggregate volume of more than 275 gallons. 7-26 (f) A used oil filter generator may ship a used oil filter 7-27 only: 8-1 (1) to an end user, registered processor, or transfer 8-2 facility; or 8-3 (2) with the prior approval of the executive director 8-4 of the commission. 8-5 (g) A used oil filter generator that transports used oil 8-6 filters shall: 8-7 (1) report to the commission not later than January 25 8-8 of each year: 8-9 (A) the quantity of used oil filters the person 8-10 transported during the preceding calendar year; and 8-11 (B) the destinations of the used oil filters; 8-12 and 8-13 (2) comply with all applicable federal, state, and 8-14 local transportation regulations. 8-15 Sec. 371.085. USED OIL FILTER COLLECTION CENTERS. (a) Each 8-16 appropriate business or governmental entity is encouraged to serve 8-17 as a used oil filter collection center. 8-18 (b) A used oil filter collection center shall register 8-19 biennially with the commission. 8-20 (c) A used oil filter collection center annually shall 8-21 report to the commission: 8-22 (1) the quantity of used oil filters it collects; and 8-23 (2) the destinations and quantities of the used oil 8-24 filters shipped. 8-25 (d) A used oil filter collection center may remove from a 8-26 used oil filter the center collects any remaining free-flowing oil. 8-27 (e) A used oil filter collection center must store a used 9-1 oil filter in a container that is: 9-2 (1) securely closed; 9-3 (2) waterproof; 9-4 (3) nonleaking; 9-5 (4) in good condition; and 9-6 (5) labeled "Used Oil Filters." 9-7 (f) A used oil filter collection center may store used oil 9-8 filters on-site in: 9-9 (1) not more than two bulk filter containers; 9-10 (2) six or fewer containers that do not have an 9-11 aggregate volume of more than 330 gallons; or 9-12 (3) more than six containers with commission approval. 9-13 (g) A used oil filter collection center may transport at one 9-14 time without registering as a transporter used oil filters in: 9-15 (1) one bulk filter container; or 9-16 (2) five or fewer containers that do not have an 9-17 aggregate volume of more than 275 gallons. 9-18 (h) A used oil filter collection center that transports used 9-19 oil filters must comply with all applicable federal, state, and 9-20 local transportation regulations. 9-21 (i) A person may obtain temporary authorization to collect 9-22 used oil filters for a one-day event by submitting a written 9-23 request to the commission not later than the 31st day before the 9-24 proposed date of the event. Subsection (c) does not apply to a 9-25 person who is granted temporary authorization under this 9-26 subsection. 9-27 (j) A used oil filter collection center shall notify the 10-1 commission in writing not later than the 30th day after the date 10-2 the center ceases to accept household do-it-yourselfer used oil 10-3 filters for recycling. 10-4 Sec. 371.086. TRANSPORTERS AND TRANSFER FACILITIES. (a) A 10-5 transporter or transfer facility shall: 10-6 (1) register with the commission not later than 10-7 January 25 of each even-numbered year; 10-8 (2) report to the commission not later than January 25 10-9 of each year: 10-10 (A) the sources of the used oil filters the 10-11 person handled during the preceding calendar year; 10-12 (B) the quantity of used oil filters the person 10-13 received during the preceding calendar year; 10-14 (C) the dates the person received the used oil 10-15 filters; and 10-16 (D) the destinations of the used oil filters; 10-17 (3) comply with all applicable federal, state, and 10-18 local transportation regulations; 10-19 (4) ensure that all used oil filters or used oil 10-20 filter components are accompanied by shipping documents 10-21 demonstrating a transfer of custody to a registered transporter for 10-22 shipment to: 10-23 (A) a registered processor; 10-24 (B) an end user; or 10-25 (C) a permitted disposal facility, in the case 10-26 of filter components the commission has determined to be 10-27 unrecyclable; 11-1 (5) retain and make available for inspection by the 11-2 executive director of the commission or the executive director's 11-3 representative on request a copy of the shipping documents relating 11-4 to each shipment until the third anniversary of the date of the 11-5 shipment; and 11-6 (6) ensure that all accepted containers are: 11-7 (A) securely closed; 11-8 (B) waterproof; 11-9 (C) nonleaking; 11-10 (D) in good condition; and 11-11 (E) labeled "Used Oil Filters." 11-12 (b) Notwithstanding Subsection (a)(1), a transporter or 11-13 transfer facility shall register with the commission for the first 11-14 time not later than the 30th day after the date the person begins 11-15 transporting or transferring used oil filters in this state. 11-16 (c) A transporter or transfer facility may not store on-site 11-17 for more than 35 days a used oil filter or used oil filter 11-18 component, regardless of whether the filter or component has been 11-19 processed. 11-20 Sec. 371.087. PROCESSORS. (a) A processor shall: 11-21 (1) register with the commission not later than 11-22 January 25 of each even-numbered year; 11-23 (2) report to the commission not later than January 25 11-24 of each year: 11-25 (A) the sources of the used oil filters the 11-26 processor processed during the preceding calendar year; 11-27 (B) the quantity of used oil filters the 12-1 processor received during the preceding calendar year; 12-2 (C) the dates the processor received the used 12-3 oil filters; 12-4 (D) the destinations and quantities of the used 12-5 oil filter components shipped; and 12-6 (E) the destinations and quantities of the used 12-7 oil separated from used oil filters shipped; 12-8 (3) obtain and maintain on-site a copy of the end 12-9 user's acceptance standards; 12-10 (4) process used oil filters in accordance with the 12-11 end user's acceptance standards; 12-12 (5) ensure that all used oil filters received are 12-13 accompanied by shipping documents that will allow adequate annual 12-14 reporting; 12-15 (6) retain and make available for inspection by the 12-16 executive director of the commission or the executive director's 12-17 representative a copy of the shipping documents relating to each 12-18 incoming or outgoing shipment until the third anniversary of the 12-19 date of the shipment; and 12-20 (7) store used oil filters in containers that are: 12-21 (A) securely closed; 12-22 (B) waterproof; 12-23 (C) nonleaking; 12-24 (D) in good condition; and 12-25 (E) labeled "Used Oil Filters." 12-26 (b) Notwithstanding Subsection (a)(1), a processor shall 12-27 register with the commission for the first time not later than the 13-1 30th day after the date the processor begins processing used oil 13-2 filters. 13-3 (c) Shipping documents described by Subsection (a)(6) must: 13-4 (1) be available for inspection not later than the 13-5 fifth working day after the date of the request; and 13-6 (2) contain: 13-7 (A) the name and address of the shipper, 13-8 transporter, or receiver; 13-9 (B) the quantity accepted or shipped; and 13-10 (C) the date of acceptance or shipment. 13-11 (d) A container or container storage area used to store used 13-12 oil filters shall be equipped with a secondary containment system 13-13 to prevent used oil from migrating out of the system to the soil, 13-14 groundwater, or surface water. 13-15 (e) A processor may not store on-site for more than 90 days 13-16 a used oil filter or used oil filter component, regardless of 13-17 whether the filter or component has been processed. 13-18 (f) A generator that processes used oil filters that are 13-19 generated by the generator and are processed on-site is exempt from 13-20 Subsections (a)(1) and (2). 13-21 Sec. 371.088. MANAGEMENT OF USED OIL SEPARATED FROM FILTER. 13-22 Used oil separated from a used oil filter shall be managed under 13-23 the used oil recycling program established by this chapter. 13-24 SECTION 6. Chapter 361.432, Health and Safety Code, is 13-25 repealed. 13-26 SECTION 7. This Act takes effect September 1, 1997. 13-27 SECTION 8. The importance of this legislation and the 14-1 crowded condition of the calendars in both houses create an 14-2 emergency and an imperative public necessity that the 14-3 constitutional rule requiring bills to be read on three several 14-4 days in each house be suspended, and this rule is hereby suspended.