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.