By Howard                                       H.B. No. 3274

      75R7835 SMH-F                           

                                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 371.001, 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 371.0246(c), Health and Safety Code, is

1-14     amended to read as follows:

1-15           (c)  An application must contain:

1-16                 (1)  the name, address, and telephone number of the

1-17     applicant;

1-18                 (2)  the name, mailing address, location address, and

1-19     commission registration number of the registered do-it-yourselfer

1-20     used oil collection center or used oil collection center from which

1-21     the contaminated oil was removed;

1-22                 (3)  the name, address, telephone number, and

1-23     commission registration number of the hazardous waste transporter

1-24     used to dispose of the contaminated used oil;

 2-1                 (4)  a copy of any shipping documents that accompanied

 2-2     the transportation of the shipment of used oil;

 2-3                 (5)  a copy of each invoice for which reimbursement is

 2-4     requested and evidence that the amount shown on the invoice has

 2-5     been paid in full in the form of:

 2-6                       (A)  canceled checks;

 2-7                       (B)  business receipts from the person who

 2-8     performed the work; or

 2-9                       (C)  other documentation approved by the

2-10     commission;

2-11                 (6)  a waste-characterization or similar documentation

2-12     required before acceptance of a hazardous waste by the disposal

2-13     facility that accepted the contaminated used oil for treatment or

2-14     disposal; and

2-15                 (7)  any other information that the executive director

2-16     of the commission may reasonably require.

2-17           SECTION 4.  Chapter 371, Health and Safety Code, is amended

2-18     by adding Subchapter E to read as follows:

2-19                       SUBCHAPTER E.  USED OIL FILTERS

2-20           Sec. 371.081.  APPLICABILITY.  (a)  This subchapter applies

2-21     to a generator, collector, transporter, processor, or handler of

2-22     used oil filters.

2-23           (b)  The provisions of this subchapter other than Section

2-24     371.083(1) do not apply to an end user of used oil filters.

2-25           Sec. 371.082.  DEFINITIONS.  Notwithstanding Section 371.003,

2-26     in this subchapter:

2-27                 (1)  "End user" means a person who uses a processed

 3-1     used oil filter or its components as feedstock for the

 3-2     manufacturing of finished products.

 3-3                 (2)  "Household do-it-yourselfer used oil filter" means

 3-4     a used oil filter derived from a household, including a used oil

 3-5     filter generated by an individual through the maintenance of the

 3-6     individual's personal vehicle or equipment.

 3-7                 (3)  "Household do-it-yourselfer used oil filter

 3-8     generator" means an individual who generates a household

 3-9     do-it-yourselfer used oil filter.

3-10                 (4)  "Oil filter" means an integral part of an oil flow

3-11     system the purpose of which is to remove contaminants from the

3-12     flowing oil contained within the system.

3-13                 (5)  "Processing" means the act of preparing a used oil

3-14     filter or its components for recycling.

3-15                 (6)  "Processor" means a person who engages in

3-16     processing.

3-17                 (7)  "Used oil filter" means an oil filter detached

3-18     from the vehicle or equipment on which the filter has been used.

3-19                 (8)  "Used oil filter collection center" means a

3-20     facility that accepts household do-it-yourselfer used oil filters,

3-21     including:

3-22                       (A)  an automotive service facility that in the

3-23     course of business accepts, for recycling, used oil filters from

3-24     household do-it-yourselfer used oil filter generators;

3-25                       (B)  a facility that stores used oil filters in

3-26     aboveground containers and that in the course of business accepts,

3-27     for recycling, used oil filters from household do-it-yourselfer

 4-1     used oil filter generators; and

 4-2                       (C)  a publicly sponsored used oil collection

 4-3     facility that is designated and authorized by the executive

 4-4     director of the commission to accept for recycling used oil filters

 4-5     from household do-it-yourselfer used oil filter generators.

 4-6                 (9)  "Used oil filter generator" means a person, by

 4-7     site, whose act or process produces used oil filters or their

 4-8     components or first causes them to become subject to regulation but

 4-9     does not include a household do-it-yourselfer used oil filter

4-10     generator.

4-11           Sec. 371.083.  PROHIBITIONS.  A person may not:

4-12                 (1)  generate, collect, transport, process, or recycle

4-13     a used oil filter in a manner that endangers or damages the public

4-14     health or welfare or the environment;

4-15                 (2)  intentionally or knowingly:

4-16                       (A)  place a used oil filter on land; or

4-17                       (B)  accept a used oil filter for disposal in a

4-18     landfill permitted by the commission;

4-19                 (3)  knowingly collect, transport, process, recycle, or

4-20     otherwise handle a used oil filter in this state:

4-21                       (A)  without first complying with the

4-22     notification or registration requirements of this subchapter; or

4-23                       (B)  in violation of rules adopted by the

4-24     commission for the management of used oil filters or used oil; or

4-25                 (4)  sell, convey, or otherwise transfer to an end user

4-26     or disposal facility a used oil filter or used oil filter component

4-27     that has not been processed to the end user's or disposal

 5-1     facility's standards.

 5-2           Sec. 371.084.  USED OIL FILTER GENERATORS.  (a)  A used oil

 5-3     filter generator shall ensure that all free-flowing oil has been

 5-4     removed from a used oil filter stored on-site or shipped off-site.

 5-5     The oil may be removed by:

 5-6                 (1)  puncturing the filter antidrain valve or the dome

 5-7     end of the filter and hot-draining;

 5-8                 (2)  hot-draining and crushing;

 5-9                 (3)  dismantling and hot-draining;

5-10                 (4)  flushing; or

5-11                 (5)  another method approved by the commission that

5-12     will remove the free-flowing oil to the greatest extent feasible.

5-13           (b)  A used oil filter generator may process used oil filters

5-14     generated on-site.  The used oil filter generator must:

5-15                 (1)  obtain and maintain on-site a copy of the end

5-16     user's acceptance standards; and

5-17                 (2)  process the used oil filters in accordance with

5-18     those standards.

5-19           (c)  A used oil filter generator must store or transport a

5-20     used oil filter in a container that is:

5-21                 (1)  securely closed;

5-22                 (2)  waterproof;

5-23                 (3)  nonleaking; and

5-24                 (4)  in good condition.

5-25           (d)  A used oil filter generator may not store unprocessed

5-26     used oil filters on-site in:

5-27                 (1)  a container that has a volume of more than 330

 6-1     gallons;

 6-2                 (2)  two or more containers that have an aggregate

 6-3     volume of more than 275 gallons; or

 6-4                 (3)  more than five containers.

 6-5           (e)  A used oil filter generator may transport at one time

 6-6     without registering as a transporter unprocessed used oil filters

 6-7     in:

 6-8                 (1)  one container that does not have a volume of more

 6-9     than 330 gallons; or

6-10                 (2)  five or fewer containers that do not have an

6-11     aggregate volume of more than 275 gallons.

6-12           (f)  A used oil filter may be shipped only:

6-13                 (1)  to an end user or registered processor; and

6-14                 (2)  with the prior approval of the executive director

6-15     of the commission.

6-16           Sec. 371.085.  USED OIL FILTER COLLECTION CENTERS.  (a)  A

6-17     used oil filter collection center shall register biennially with

6-18     the commission.

6-19           (b)  A used oil filter collection center annually shall

6-20     report to the commission the number of used oil filters it

6-21     collects.

6-22           (c)  A used oil filter collection center shall remove from a

6-23     used oil filter the center collects any remaining free-flowing oil

6-24     to the greatest extent feasible.

6-25           (d)  A used oil filter collection center must store a used

6-26     oil filter in a container that is:

6-27                 (1)  securely closed;

 7-1                 (2)  waterproof;

 7-2                 (3)  nonleaking; and

 7-3                 (4)  in good condition.

 7-4           (e)  A used oil filter collection center may not store

 7-5     unprocessed used oil filters on-site in:

 7-6                 (1)  a container that has a volume of more than 330

 7-7     gallons;

 7-8                 (2)  two or more containers that have an aggregate

 7-9     volume of more than 275 gallons; or

7-10                 (3)  more than five containers.

7-11           (f)  A used oil filter collection center may transport at one

7-12     time without registering as a transporter unprocessed used oil

7-13     filters in:

7-14                 (1)  one container that does not have a volume of more

7-15     than 330 gallons; or

7-16                 (2)  five or fewer containers that do not have an

7-17     aggregate volume of more than 275 gallons.

7-18           (g)  A person may obtain temporary authorization to collect

7-19     used oil filters for a one-day event by submitting a written

7-20     request to the commission not later than the 31st day before the

7-21     proposed date of the event.  Subsection (b) does not apply to a

7-22     person who is granted temporary authorization under this

7-23     subsection.

7-24           (h)  A used oil filter collection center shall notify the

7-25     commission in writing not later than the 30th day after the date

7-26     the center ceases to accept household do-it-yourselfer used oil

7-27     filters for recycling.

 8-1           Sec. 371.086.  TRANSPORTERS AND TRANSFER FACILITIES.  (a)  A

 8-2     person who transports or transfers used oil filters shall:

 8-3                 (1)  register with the commission not later than

 8-4     January 25 of each even-numbered year;

 8-5                 (2)  report to the commission not later than January 25

 8-6     of each year:

 8-7                       (A)  the sources of the used oil filters the

 8-8     person handled during the preceding calendar year;

 8-9                       (B)  the quantity of used oil filters the person

8-10     received during the preceding calendar year;

8-11                       (C)  the dates the person received the used oil

8-12     filters; and

8-13                       (D)  the destinations of the used oil filters;

8-14                 (3)  comply with all applicable federal, state, and

8-15     local transportation regulations;

8-16                 (4)  ensure that all used oil filters or used oil

8-17     filter components are accompanied by shipping documents

8-18     demonstrating a transfer of custody from a shipping facility to a

8-19     registered transporter for shipment to:

8-20                       (A)  a registered processor;

8-21                       (B)  an unregistered end user; or

8-22                       (C)  a permitted disposal facility, in the case

8-23     of unrecyclable filter components;

8-24                 (5)  retain and make available for inspection by the

8-25     executive director of the commission or the executive director's

8-26     representative on request a copy of the shipping documents relating

8-27     to each shipment until the third anniversary of the date of the

 9-1     shipment; and

 9-2                 (6)  ensure that all accepted containers are:

 9-3                       (A)  securely closed;

 9-4                       (B)  waterproof;

 9-5                       (C)  nonleaking; and

 9-6                       (D)  in good condition.

 9-7           (b)  Notwithstanding Subsection (a)(1), a person who

 9-8     transports or transfers used oil filters shall register with the

 9-9     commission for the first time not later than the 90th day after the

9-10     date the person begins transporting or transferring used oil

9-11     filters in this state.

9-12           Sec. 371.087.  PROCESSORS.  (a)  A processor shall:

9-13                 (1)  register with the commission not later than

9-14     January 25 of each even-numbered year;

9-15                 (2)  report to the commission not later than January 25

9-16     of each year:

9-17                       (A)  the sources of the used oil filters the

9-18     processor processed during the preceding calendar year;

9-19                       (B)  the quantity of used oil filters the

9-20     processor received during the preceding calendar year;

9-21                       (C)  the dates the processor received the used

9-22     oil filters; and

9-23                       (D)  the destinations and quantities of the used

9-24     oil filter components and used oil shipped;

9-25                 (3)  obtain and maintain on-site a copy of the end

9-26     user's acceptance standards;

9-27                 (4)  process used oil filters in accordance with the

 10-1    end user's acceptance standards;

 10-2                (5)  ensure that all used oil filters received are

 10-3    accompanied by shipping documents that will allow adequate annual

 10-4    reporting;

 10-5                (6)  retain and make available for inspection by the

 10-6    executive director of the commission or the executive director's

 10-7    representative a copy of the shipping documents relating to each

 10-8    incoming or outgoing shipment until the third anniversary of the

 10-9    date of the shipment; and

10-10                (7)  store used oil filters in containers that are:

10-11                      (A)  securely closed;

10-12                      (B)  waterproof;

10-13                      (C)  nonleaking; and

10-14                      (D)  in good condition.

10-15          (b)  Notwithstanding Subsection (a)(1), a processor shall

10-16    register with the commission for the first time not later than the

10-17    90th day after the date the processor begins processing used oil

10-18    filters.

10-19          (c)  Shipping documents described by Subsection (a)(6) must:

10-20                (1)  be available for inspection not later than the

10-21    fifth working day after the date of the request; and

10-22                (2)  contain:

10-23                      (A)  the name and address of the shipper,

10-24    transporter, or receiver;

10-25                      (B)  the quantity accepted or shipped; and

10-26                      (C)  the date of acceptance or shipment.

10-27          (d)  A container or container storage area used to store used

 11-1    oil filters shall be equipped with a secondary containment system

 11-2    to prevent used oil from migrating out of the system to the soil,

 11-3    groundwater, or surface water.

 11-4          (e)  A processor may not store on-site for more than 90 days

 11-5    a used oil filter or used oil filter component, regardless of

 11-6    whether the filter or component has been processed.

 11-7          SECTION 5.  Chapter 361.432, Health and Safety Code, is

 11-8    repealed.

 11-9          SECTION 6.  This Act takes effect September 1, 1997.

11-10          SECTION 7.  The importance of this legislation and the

11-11    crowded condition of the calendars in both houses create an

11-12    emergency and an imperative public necessity that the

11-13    constitutional rule requiring bills to be read on three several

11-14    days in each house be suspended, and this rule is hereby suspended.