75R16261 E By Brown S.B. No. 1954 Substitute the following for S.B. No. 1954: By Chisum C.S.S.B. No. 1954 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of used oil filter containers. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 361, Health and Safety Code, is amended 1-5 by adding Subchapter T to read as follows: 1-6 SUBCHAPTER T. HANDLING OF USED OIL FILTERS 1-7 Sec. 361.701. USED OIL FILTER MANAGEMENT. (a) A used oil 1-8 filter may not be intentionally or knowingly placed in or accepted 1-9 for disposal in a landfill permitted by the commission. Except as 1-10 provided in this subchapter, a used oil filter shall be managed in 1-11 accordance with the used oil filter management standards in 1-12 Sections 330.1180-330.1189, Title 30, Texas Administrative Code. 1-13 (b) A person may not generate, collect, transport, process, 1-14 or recycle a used oil filter in a manner that endangers or damages 1-15 the public health or welfare or the environment or intentionally or 1-16 knowingly place a used oil filter containing oil on land. 1-17 Sec. 361.702. APPLICABILITY. This subchapter applies to 1-18 persons involved in generating, storing, transporting, handling, 1-19 and processing used oil filters and their components. Except for 1-20 Section 361.701, this subchapter does not apply to industrial 1-21 generators that are registered with the commission as industrial or 1-22 hazardous waste facilities or that are under the waste management 1-23 jurisdiction of a state agency other than the commission. 1-24 Sec. 361.703. USED OIL FILTER GENERATORS AND COLLECTORS. 2-1 (a) A used oil filter generator may store used oil filters on-site 2-2 in containers that do not in the aggregate have a volume of more 2-3 than 330 gallons without commission approval and without 2-4 registering as a storage facility. On commission approval, a 2-5 generator may store more than 330 gallons without registering as a 2-6 storage facility. 2-7 (b) A used oil filter collector may store used oil filters 2-8 on-site in containers that do not in the aggregate have a volume of 2-9 more than 330 gallons without commission approval and without 2-10 registering as a storage facility. 2-11 (c) The containers to be used in accordance with Subsections 2-12 (a) and (b) must be securely closed, waterproof, nonleaking, in 2-13 good condition, and labeled "used oil filters." 2-14 (d) A person must remove from service, or repair, any 2-15 container used for storage of used oil filters that is found to be 2-16 leaking or in poor condition. 2-17 SECTION 2. Section 361.432, Health and Safety Code, is 2-18 repealed. 2-19 SECTION 3. This Act takes effect September 1, 1997. 2-20 SECTION 4. The importance of this legislation and the 2-21 crowded condition of the calendars in both houses create an 2-22 emergency and an imperative public necessity that the 2-23 constitutional rule requiring bills to be read on three several 2-24 days in each house be suspended, and this rule is hereby suspended.