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.