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.