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.