30 TAC §§324.1-324.7, 324.11-324.16, 324.21, 324.22
STATUTORY AUTHORITY The amended sections are proposed under
the Texas Water Code §5.103, which provides the commission authority
to adopt any rules necessary to carry out its powers and duties under this
code and other laws of this state and to adopt rules repealing any statement
of general applicability that interprets law or policy; §5.105 which
authorizes the commission to establish and approve all general policy of the
commission by rule; and §26.011, which requires the commission to control
the quality of water by rule. The amended sections are also proposed under
Texas Health and Safety Code Chapter 371, relating to Used Oil Collection,
Management and Recycling.
The proposed amended sections implement the Texas Health and Safety Code,
Chapter 371.
Federal Rule
Adoption by Reference.
The requirements in 40 Code of Federal Regulations, Part 279,
Standards for the Management of Used Oil, as amended through May 26, 1998
at 69 FedReg 28556, are adopted by reference. However, requirements in this
chapter also apply.
[
Except as provided in §§324.3,
324.4, 324.6, 324.7, 324.11-324.13, of this title (relating to Applicability,
Prohibitions, Generators, Collection Centers, Transporters and Transfer Facilities,
Processors and Rerefiners, and Burners of Off-specification Used Oil for Energy
Recovery), and subject to the changes indicated in §324.2 of this title
(relating to Definitions), the regulations contained in 40 Code of Federal
Regulations (CFR), Part 279, Standards for the Management of Used Oil, as
amended, are adopted by reference.
]
§324.2.Definitions.
Most words are as defined in 40 CFR §279.1. However, the
[
The
] following words [
and terms, when used in this
chapter, shall
] have
these
[
the following
] meanings
:
[
, except when the context clearly indicates otherwise.
]
[
Terms defined in 40 CFR §279.1 shall have the same meaning when
used in this rule, except as specifically defined in this section.
]
(1)
Aboveground tank - A tank used to store or
process used oil that is not an underground storage tank as defined in Chapter
334 of this title (relating to Underground and Aboveground Storage Tanks).
(2)
Administrator or Regional Administrator
- These terms in 40 CFR Part 279 requirements should be replaced with the
"State Administrator, the Executive Director of the Texas Natural Resource
Conservation Commission or his representative."
(3)
Commission - The Texas Natural Resource
Conservation Commission [
(Commission)
] or its successor.
(4)
Environmental Protection Agency (EPA)
- This term in 40 CFR Part 279 requirements should be replaced with "commission."
(5)
Recycling -
(A)
Preparing used oil for reuse as a petroleum product by
rerefining, reclaiming, or other means;
(B)
Using used oil as a lubricant or petroleum product instead
of using a petroleum product made from new oil; or
(C)
Burning used oil for energy recovery.
(6)
Re-refining - Applying processes
(other than crude oil refining)
to material composed primarily of used
oil to produce high-quality base stocks for [
lubricants or other
]
petroleum products[
, including settling, filtering, catalytic conversion,
fractional/vacuum distillation, hydro treating, or polishing
].
(7)
Secondary containment -
Dikes
[
Structures (dikes
], berms, [
and/or
]retaining walls
, and/or
[
) or
] equivalent [
secondary containment systems
that are
] made of a material(s) that is sufficiently impervious to used
oil
. These structures
[
and capable of
]
contain
[
containing
] all potential spills [
and releases
] of
used oil from the tanks or containers, plus run-on water, until
removal
of the spill
[
the facility owner or operator can take measures
to clean up the released used oil and the run-on water
].
(8)
Sufficiently impervious to used oil -
Capable of containing all potential spills [
and releases
] of used
oil[
to soil, surface water, and ground water
] from containers
and tanks until
removal of the spill
[
the facility owner or
operator can take measures to clean up the released used oil
].
(9)
Synthetic oils - Oils not derived from
crude oil
. This includes
[
, including
] those [
derived
] from coal, shale, or a polymer-based starting material; and
non-polymeric synthetic fluids [
which are
] used as hydraulic [
fluids
]
or
[
and
] heat transfer fluids[
, such
as those based on phosphate esters, diphenyl oxide or alkylated benzenes
].
Synthetic oils are generally used for the same purpose as crude oil derived
oils[
, are usually mixed and managed in the same manner,
] and
have
[
present
] relatively the same level of
contamination
[
hazard
] after use.
(10)
Used oil handler-A transporter
or an owner or operator of a used oil transfer, processing, rerefining, or
off-specification used oil burning facility.
§324.3.Applicability.
Applicability and exemptions from applicability will be as in 40 CFR
Part 279, Subpart B, and as clarified
here
[
herein
].
(1)
A used oil
contaminated with a
[
that has
been determined to be
] listed hazardous must be handled
under
[
in accordance with
]
Chapter 335 of this title (relating to Industrial
Solid Waste and Municipal Hazardous Waste)
[
hazardous waste rules
]. EPA Hazardous Waste Number "F002"
must
[
shall
]
be used on used oil that is listed hazardous due to halogenated contaminants[
, because the EPA has not provided a Hazardous Waste Number to properly manifest
such listed hazardous waste
].
(2)
Used oil can be stored in tanks and containers
not meeting 40 CFR Part 264 or 265.
The requirement in 40 CFR Part 279
that refers to compliance with Parts 264 or 265, Subpart K, on used oil storage
applies to used oil stored in surface impoundments. Storage of used oil in
lagoons, pits, or surface impoundments is prohibited, unless the generator
is storing only wastewater containing de minimis quantities of used oil, or
unless the unit is in [
full
] compliance with 40 CFR Part 264/265,
Subpart K. [
Used oil can be stored in tanks and containers not subject
to 40 CFR Part 264 or 265
].
(3)
Requirements applicable to mixing hazardous waste
with used oil are in 40 CFR §279.10 (b) (relating to Mixtures of Used
Oil and Hazardous Waste). Mixing of hazardous waste with used oil, by other
than generators, in tanks and containers within their applicable accumulation
time limit, requires a hazardous waste permit per §335.2 of this title
(relating to Permit Required). A waste that is characteristically hazardous
for "ignitability only" can be mixed with used oil
.
However
,[
but
] the resultant mixture cannot exhibit the [
hazardous
characteristic of
]ignitability
characteristic to manage it
[
if it is to be managed
] under this chapter and 40 CFR Part 279
rather than Chapter 335 of this title
. The resultant mixture formed
from mixing used oil and a characteristically hazardous waste, other than
solely ignitable waste, must be tested for all likely hazardous characteristics
. The
[
; the
] resultant mixture will be a hazardous waste
rather than used oil if it retains a hazardous characteristic, even if the
hazardous characteristic is derived from the used oil. Anyone who mixes used
oil with another solid waste to produce from used oil, or to make used oil
more amenable for production of fuel oils[
, lubricants,
] or [
other used oil derived
] products is also a processor subject to 40 CFR
Part 279, Subpart F (relating to Standards for Used Oil Processors and Re-refiners)
and §324.12 of this chapter (relating to Processors and Rerefiners).
(4)
A used oil shall not be regulated [
under this
chapter and 40 CFR Part 279
] until it is a spent material as defined
in 40 CFR §261.1(c)(1) and §335.17 of this title (relating to Special
Definitions for Recyclable Materials and Nonhazardous Recyclable Materials).
§324.4.Prohibitions.
Prohibitions will be as in 40 CFR Subpart B, §279.12 and as specified
here
[
herein
].
(1)
A person
must
[
shall
] not collect,
transport, store, burn, market, recycle, process, use, discharge, or dispose
of used oil in any manner that endangers the public health or welfare or [
endangers or damages
] the environment.
(2)
A person commits an offense if the person:
(A)
intentionally discharges used oil into a sewer, drainage
system, septic tank, surface water or groundwater, watercourse, or marine
water;
(B)
knowingly
puts
[
mixes or commingles
]
used oil
in
[
with
] waste that is to be disposed of in
landfills or directly disposes of used oil on land;
(C)
knowingly transports, treats, stores, disposes of, recycles,
markets, burns, processes, rerefines[
, or causes any
] used oil[
to be transported or otherwise handled
] within the state:
(i)
without first complying with the
registration
[
notification/registration
] requirements of this rule; and/or
(ii)
in violation of [
standards or
] rules for the
management of used oil;
(D)
intentionally applies used oil to roads or land for dust
suppression, weed abatement, or other similar uses [
that introduce used
oil into the environment
];
(E)
violates an order of the commission to cease and desist
any activity prohibited by this section or any rule applicable to a prohibited
activity; or
(F)
intentionally makes any false [
statement or
]
representation in
any
[
an
]
document
[
application, label, manifest, record, report, permit or other document filed,
maintained or
] used for [
purposes of
] program compliance.
(3)
An
[
It is an
] exception
to [
the application of
] paragraph (2) of this subsection
is
if a person unknowingly disposes into the environment any used oil
that has not been [
properly segregated or
] separated by the generator
from other solid wastes.
(4)
An
[
It is an
] exception to [
the application of
] paragraph (2)(B) of this subsection
is
if the mixing or commingling of used oil with waste [
that is
] to
be disposed of in landfills is [
incident to and
] the unavoidable
result of the mechanical shredding of motor vehicles, appliances or other
[
items of scrap, used, or obsolete
] metals.
§324.5.Notice by Retail Dealer.
[
(a)
A retail dealer who annually
sells directly to the public more than 500 gallons of automotive oil annually
in containers for use off-premises shall post in a prominent place a sign
provided by the commission:]
[
(1)
informing the public that improper disposal
of used oil is prohibited by law;]
[
(2)
informing the public that used oil filters
cannot be disposed of in municipal landfills or waste going to municipal landfills;]
[
(3)
prominently displaying the toll-free telephone
number of the state used oil information center.]
[
(b)
]
Written requests for signs should be sent
to the Texas Natural Resource Conservation Commission,
Used Oil Recycling
Program
[
Municipal Solid Waste Division, Management Section, MC
125
], P.O. Box 13087, Austin, Texas 78711-3087.
§324.6.Generators.
Rules
[
Standards
] for used oil generators shall
be as in 40 CFR Part 279,
particularly
Subpart C. A person or entity
that services equipment involving removal of used oil or changes used oil
at a customer's home or business and transports the used oil from the site
in quantities less than or equal to 55 gallons may
choose
[
opt
] to be the generator [
of the used oil
]. If the service
company removing the used oil from equipment does not assume generator responsibility,
the site owner or operator [
where the used oil is removed
] will
remain the generator.
§324.7.Collection Centers.
Rules
[
Standards
] for
"
do-it-yourselfer
used oil collection centers
"
and
"
used oil collection
centers
"
(as defined in 40 CFR §279.1)
shall be
as in 40 CFR Part 279,
particularly
Subpart D
,
and as
specified
here
[
herein
]. All appropriate businesses
and government agencies are encouraged to serve as
"
do-it-yourselfer
used oil collection centers
"
or
"
used oil collection
centers
"
.
Collection
[
All collection
] centers
collecting used oil from households will be publicized by the commission.
(1)
A "
Do-it
-
yourselfer
Used Oil
Collection Center"
[
used oil collection center
] must:
(A)
post and maintain a durable and legible sign identifying
the site as a household used oil collection center.
[
(B)
registration requirements:]
(B)
[
(i)
] must register
each odd
numbered year
[
biennially
], [
by
] no later than
January 25 following the close of the [
biennial
] year, with the
Texas Natural Resource Conservation Commission,
Used Oil Recycling Program
[
Municipal Solid Waste Division, Management Section, MC 125
],
P.O. Box 13087, Austin, Texas 78711-3087 utilizing a
commission
form [
provided by the commission
]. Registrations [
will
]
expire on December 31 in even numbered years. [
Collection centers that
have already registered their used oil activities prior to the effective date
of this rule do not need to register again until their registrations have
expired on December 1 of an even numbered year.
] New collection centers
must
[
shall
] register within 30 days of initial operation;
(C)
[
(ii)
] [
must
] collect
used oil from households during business hours at each location to be exempt
from the fee on first sale of automotive oil;
(D)
[
(C)
] [
must
] notify the
commission in writing within 30 days following abandonment or closure of the
collection center or
stopping collection of
[
the cessation
of accepting
] household used oil[
from private citizens
];
and
(E)
[
(D)
] [
shall
] annually
report the amount of household used oil collected by January 25 of each year
on a
commission
form [
provided by the commission;
]
.
(2)
[
(E)
]
Household used
oil
is not subject to the rebuttable presumption
(a requirement
to prove that used oil is not hazardous)
.
(3)
[
(2)
]
A "Used
[
Used
] Oil Collection Center
" must:
(A)
[
must
] post and maintain a durable and legible
sign identifying the site as a household used oil collection center.
[
(B)
registration requirements:]
(B)
[
(i)
] [
must
] register
each odd numbered year
[
biennially, by
] no later than January
25 following the close of the [
biennial
] year, with the Texas Natural
Resource Conservation Commission,
Used Oil Recycling Program
[
Municipal Solid Waste Division, Management Section, MC 125
], P.O. Box
13087, Austin, Texas 78711-3087 utilizing a
commission
form [
provided by the commission
]. Registrations [
will
] expire
on December 31 in even numbered years. [
Collection centers that have
already registered their used oil activities prior to the effective date of
this rule do not need to register again until their registrations have expired
on December 1 of an even numbered year.
] New collection centers
must
[
shall
] register within 30 days of initial operation;
(C)
[
(ii)
] [
must
] collect
used oil from households during business hours at each location to be exempt
from the fee on first sale of automotive oil;
(D)
[
(C)
] [
must
] notify the
commission in writing within 30 days following abandonment or closure of the
collection center or
stopping collection of
[
the cessation
of accepting
] household used oil [
from private citizens
];
and
(E)
[
(D)
] [
shall
] report
annually the amount of household and non- household used oil collected by
January 25 of each year on a
commission
form [
provided by
the commission
]. Mixtures of household used oil and non-household used
oil shall be considered non-household used oil
.
[
;
]
(4)
[
(E)
]
Household used
oil
is not subject to the rebuttable presumption
(a requirement
to prove used oil is not hazardous)
[
on household used oil if it
is not
]
unless
mixed with non-household used oil.
§324.11.Transporters and Transfer Facilities.
Rules
[
Standards
] for used oil transporters and
transfer facilities
are
[
shall be as
] in 40 CFR Part
279,
particularly
Subpart E
,
and [
as specified
] in this section.
(1)
Underground storage tanks (USTs). Underground storage tanks
containing
[
that contain
] used oil are subject to [
the UST standards in
] Chapter 334 of this title (relating to Underground
and Aboveground Storage Tanks)
and
[
in addition to those in
] 40 CFR Part 279.
(2)
Registration. [
Transporters must register with
the United States Environmental Protection Agency (EPA) and the commission
one time on their used oil activities.
] Transporters must register their
used oil activities [
within 90 days of initiation under this rule
]
if they have not previously registered their specific used oil activities
with the commission and the EPA [
prior to the effective date of this
rule
]. Transporters must register, through the commission, using EPA
Form 8700-12 [
(one time)
] and a
commission
form [
provided by the commission
].
Mail registration
[
Registration
] forms [
should be mailed
] to the Texas Natural Resource
Conservation Commission,
Used Oil Recycling Program
[
Municipal
Solid Waste Division, Management Section, MC 125
], P.O. Box 13087, Austin,
Texas 78711-3087.
§324.12.Processors and Rerefiners.
Rules
[
Standards
] for used oil processors and
rerefiners
are
[
shall be as
] in 40 CFR Part 279,
particularly
Subpart F
,
and [
as specified
] in
this section.
(1)
Underground storage tanks.
See §324.11(1)
[
Section 324.11(1)
] of this title (relating to Transporters and Transfer
Facilities) [
applies
].
(2)
Registration. [
Processors and rerefiners must
register with the EPA and the commission one time on their used oil activities.
] Processors and rerefiners must register their used oil activities
[
within 90 days of initiation under this rule
] if they have not
previously registered their specific used oil activities with the commission
and the EPA [
prior to the effective date of this rule
]. Processors
and rerefiners must register, through the commission, using the EPA Form 8700-12
[
(one time)
] and a
commission
form [
provided by
the commission
].
Mail registration
[
Registration
]
forms [
should be mailed
] to the Texas Natural Resource Conservation
Commission,
Used Oil Recycling Program
[
Municipal Solid Waste
Division, Management Section, MC 125
], P.O. Box 13087, Austin, Texas
78711-3087.
(3)
Analysis plan. Each facility must prepare an analysis
plan
. The
[
which a
] facility will follow
the plan
when [
performing
] sampling and
analyzing
[
analysis
], keeping records, and [
when
] complying with analytical
requirements for documenting that used oil is not listed hazardous and/or
the used oil fuel specification has been met. This plan must specify the frequency
of sampling and analysis
. It must also specify
[
,
] procedures
and analysis [
(
]to assure listed hazardous wastes are not mixed
with the used oil received
. It must also contain
[
), and
]
procedures for handling a shipment of contaminated used oil. A facility
need not prepare an analysis plan if it:
[
that only processes its
own used oil and uses adequate process knowledge instead of analysis to prove
that the used oil meets rule requirements need not prepare an analysis plan.
]
(A)
only processes its own used
oil; and
(B)
uses adequate process knowledge
instead of analysis to prove that the used oil meets rule requirements.
(4)
Biennial report. The [
processor/rerefiner
] biennial report required by 40 CFR §279.57(b) covering each odd
numbered year
must
[
shall
] be provided to the commission
by December 1 of the odd numbered year if all used oil operations have been
completed for that year
. If
[
; if
] not,
you
[
the processor/rerefiner
]
must
[
shall
] submit
the report by January 25 of the following even numbered year. The information
must
[
shall
] be entered on a commission[
-prescribed
] form [
and forwarded to the commission
]. Mail the report
[
form
] to the Texas Natural Resource Conservation Commission,
Used Oil Recycling Program
[
Municipal Solid Waste Division, Management
Section, MC 125
], P.O. Box 13087, Austin, Texas 78711-3087.
§324.13.Burners of Off-specification Used Oil for Energy Recovery.
Rules
[
Standards
] for burners of off-specification
used oil for energy recovery
are
[
shall be as
] in 40
CFR Part 279,
particularly
Subpart G
,
and [
as specified
] in this section.
(1)
Underground storage tanks.
See §324.11(1)
[
Section 324.11(1)
] of this title (relating to Transporters and
Transfer Facilities) [
applies
].
(2)
Registration. [
Burners of off-specification used
oil for energy recovery must register with the EPA and the commission one
time on their used oil activities.
] Burners must register their used
oil activities [
within 90 days of initiation under this rule
] if
they have not previously registered their specific used oil activities with
the commission and the EPA [
prior to the effective date of this rule
]. Burners must register, through the commission, using the EPA Form
8700-12 [
(one time)
] and a
commission
form [
provided
by the commission
].
Mail registration
[
Registration
] forms [
should be mailed
] to the Texas Natural Resource
Conservation Commission,
Used Oil Recycling Program
[
Municipal
Solid Waste Division, Management Section, MC 125
], P.O. Box 13087, Austin,
Texas 78711-3087.
§324.14.Marketers of Used Oil Fuel.
Rules
[
Standards
] for marketers of used oil which
will be burned for energy recovery
are
[
shall be as
]
in 40 CFR Part 279,
particularly
Subpart H, and this
section
[
subchapter
]. [
Marketers of used oil which will be
burned for energy recovery must register with the EPA and the commission one
time on their used oil activities.
] Marketers must register their used
oil activities [
within 90 days of initiation under this rule
] if
they have not previously registered their specific used oil activities with
the commission and the EPA [
prior to the effective date of this rule
]. Marketers must register, through the commission, using the EPA Form
8700-12 [
(one time)
] and a
commission
form [
provided
by the commission
].
Mail registration
[
Registration
] forms [
should be mailed
] to the Texas Natural Resource
Conservation Commission,
Used Oil Recycling Program
[
Municipal
Solid Waste Division, Management Section, MC 125
], P.O. Box 13087, Austin,
Texas 78711-3087.
§324.15.Spills.
See Chapter 327 of this title (relating to Spill Prevention and
Control), particularly §327.4(b)(2) of this title (relating to Reportable
Quantities).
[
Whenever there is a catastrophic release or discharge
of used oil and used oil reaches the environment, corrective measures must
be immediately taken by the responsible person to adequately protect human
health and the environment from potential damages. A spill of used oil in
an amount sufficient to cause a sheen on water or a spill of automotive engine
used oil or a mixture of automotive used oil and other used oil of 25 gallons
or more that goes into the environment at a do-it-yourselfer used oil collection
center should be reported to the commission as soon as possible and not later
than 24 hours after discovery. (See 40 CFR §279.43(c) for discharges
during transport.) A spill or overfill of used oil at an underground storage
tank that results in a release to the environment that exceeds 25 gallons,
or that causes a sheen on nearby surface water shall be reported and handled
as in 30 TAC Chapter 334, §334.75 of this title (relating to Reporting
and Cleanup of Surface Spills and Overfills). All other used oil spills must
be reported in accordance with other applicable commission requirements and
agreements. The responsible person may notify the commission in any reasonable
manner including by telephone, in person, or by any other method approved
by the commission.
]
[
(1)
During normal business hours,
the responsible person may notify the regional office for the commission region
in which the discharge or spill occurred; or]
[
(2)
After normal business
hours, the responsible person may call the commission Emergency Response Unit
24-hour number at (512) 239-2507 or the State toll-free Spill Reporting Hotline
at (800) 832-8224.]
§324.16.Polychlorinated Biphenyls (PCBs).
Per
[
Pursuant to
] 40 CFR 279 (Table 1), the
rules
[
applicable standards
] for [
the
] burning
[
of
] used oil containing PCBs shall be as [
set out
]
in 40 CFR 761.20(e).
§324.21.Suspension or Revocation of Registration.
(a)
The commission may suspend or revoke a registration for:
(1)
failure to maintain complete and accurate records;
(2)
alteration of any record [
maintained or received
by the registrant
],
except
[
outside of
] justified
and documented corrections;
(3)
delivery of used oil to an
unregistered
entity
[
not registered with the commission
];
(4)
failure to comply with this rule or an order issued
by the commission;
(5)
failure to submit
required
[
annual
] reports [
as required
];
(6)
failure to maintain financial assurance [
as required
]; or
(7)
failure to reasonably perform the used oil activities
for which the registration was issued.
(b)
A registration shall be suspended for a period of one year
. However
[
; however
], depending upon the seriousness of the
offense(s), the time of suspension may be increased or decreased. A registration
is revoked automatically
on
[
upon
] a second suspension.
If the registration is suspended or revoked
,
a facility
must
[
shall
] not possess or accept used oil regulated under this
rule.
(c)
The holder of a
revoked
used oil registration
[
that has been revoked by the commission
] may reapply for registration
[
pursuant to this rule as if applying for the first time,
] after
a period of at least one year [
from the date of revocation
]. If
a registration is revoked by the commission a second time, the revocation
shall be permanent.
(d)
The procedure for an appeal
[
Appeal
]
of a suspension or revocation of registration
is
[
procedures
are as follows
]:
(1)
An opportunity for a formal hearing on the suspension or
revocation of registration may be requested in writing [
by the applicant
] by certified mail, return receipt requested
. The request must
be
[
, provided the request is
] postmarked within 20 days
after a notice of proposed suspension or revocation of registration has been
sent [
from the executive director
] to the last known address of
the applicant.
(2)
An opportunity for a formal hearing may be requested
in writing by the applicant by certified mail, return receipt requested
. The request must be
[
, provided the request is
] postmarked
within 20 days after a notice of denial of registration [
suspension or
revocation
] has been sent [
from the executive director
] to
the last known address
of the applicant
[
listed on the application
]. If the registration is denied, a person
must
[
shall
] not possess used oil regulated under this rule.
(3)
The formal hearing under this paragraph shall be in
accordance with the requirements of
§305.68 of this title (relating
to Action and Notice of Petition for Revocation or Suspension)
[
the Administrative Procedure Act, Texas Government Code, Chapter 2002 (Vernon
1992), the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapters
361 and 371 (Vernon 1992), and the rules of the commission
].
Soil Remediation Requirements for
Used Oil Handlers
[
Financial Responsibility Technical Requirements
].
(a)
This section applies to transporters of used oil who are
seeking registration under this chapter. It also applies to owners and operators
of used oil transfer, processing, rerefining, and off- specification used
oil burning facilities[
, hereinafter
] referred to as "used oil
handlers." It does not apply to a used oil handler which is owned or otherwise
effectively controlled by the owners or operators where the used oil is generated.
(b)
Transporters
[
Within 90 days after the
effective date of this rule, transporters
] of used oil must meet the
[
financial responsibility
] requirements
as they pertain to
insurance
[
provided
] in Chapter 37, §37.2021
of
this title (relating to Financial Responsibility Requirements for Transporters
of Used Oil). Also,
[
and
]used oil handlers subject to the
requirements
as they pertain to soil remediation
of either subsection
(c) or (d) of this section must meet the [
financial responsibility
]
requirements [
provided
] in §37.2011 of this title (relating
to Financial Responsibility Requirements for Used Oil Handlers).
(c)
Used oil handlers meeting the requirements of this subsection
must provide financial assurance for soil remediation in the amounts specified.
A used oil handler [
subject to this subsection
] must, within 30
days after an increase in the active area of the facility which results in
a higher financial assurance requirement, provide for increased financial
assurance. Additionally, a used oil handler must, at a minimum, update its
financial assurance annually to cover any increased cost due to inflation
and to account for any other appropriate adjustments, including a lower financial
assurance amount[
due to a decrease in the active area of the facility
]. The active area of the facility is the earthen area at the facility
over which any transportation, storage, or processing of used oil occurs.
Records demonstrating the size of the active area of the facility and related
financial assurance are to be maintained in the
facility's
operating
record [
of the facility
]
; however, the original financial
assurance mechanism must be submitted to the commission per §37.2011(c)
of this title
. [
(Also, see 30 TAC §37.2011(c) of this title
(relating to Financial Responsibility Requirements for Used Oil Handlers.))
] The [
specified
] amount
required
for [
which
] financial assurance
is
[
must be provided is as follows
]:
(1)-(4)
(No change.)
(d)
Used oil handlers may meet the following alternate requirements:
(1)
used oil handlers must [
demonstrate compliance with
this chapter, as follows
]:
(A)
[
used oil handlers must
] annually provide a
certification statement to the executive director that the used oil handler
is in compliance with the applicable requirements of this chapter; and
(B)
[
all used oil handlers must
] obtain certification
from a Registered Professional Engineer or other qualified independent professional
that the used oil facility units have been designed and constructed in accordance
with appropriate design standards, and that the units exhibit mechanical integrity.
Such a certification must be obtained for each unit added to the facility,
and for each unit that has undergone repair to restore mechanical integrity,
within 90 days of the addition or completion of repair;
(2)
Used oil handlers must ensure that [
used
oil
] spills in quantities of 25 gallons or greater are reported to the
agency in accordance with the spill reporting requirements of Chapter 327
of this title (relating to Spill Prevention and Control);
(3)
Used oil handler facilities must
have
[
be provided with
] secondary containment for all areas where used oil
is stored, transferred, or otherwise handled
. These areas include
[
, including
] but
are
not limited to loading docks,
parking areas, storage areas, and any other areas where shipments of used
oil are held for more than 24 hours
. Also,
[
; and
] the
facility's used oil tanks, containers, and secondary containment must be constructed,
operated, and maintained to
meet
[
conform to
] the requirements
of [
Title
] 40 Code of Federal Regulations §§264.174,
264.193(c)-(f), and 264.195(b), [
as if the used oil were hazardous waste,
] or to
meet
[
conform to
] the following
requirements
:
(A)
the secondary containment must be
:
[
stationary
and constructed of non-earthen material (e.g., concrete) and which is maintained
to be free of cracks, gaps, or holes, and which is overlain with a synthetic
liner with a thickness of at least 40 mils;
]
(i)
stationary;
(ii)
constructed of non-earthen
material (e.g., concrete);
(iii)
maintained free of cracks,
gaps, or holes; and
(iv)
overlain or underlain with
a synthetic liner at least 40 mils thick;
(B)
the secondary containment must
:
[
be large
enough to contain a catastrophic spill of 100% of the capacity of the largest
used oil storage, transfer, or other handling equipment or device within the
containment area, plus either at least 12 inches of freeboard or sufficient
freeboard to hold the precipitation which would be collected within the containment
area, including any run-on or infiltration of precipitation, which would occur
as a result of a 25-year, 24- hour rainfall event;
]
(i)
be large enough to contain
a catastrophic spill of 100% of the capacity of the largest used oil storage,
transfer, or other handling equipment or device; and
(ii)
have at least 12 inches of
freeboard or sufficient freeboard to hold the precipitation which would be
collected, including any run-on or infiltration of precipitation, as a result
of a 25-year, 24-hour rainfall event;
(C)
the secondary containment system must prevent the release
of used oil or other accumulated liquid from the secondary containment system
to the soil, ground water, or surface water until [
the collected material
is
] removed;
(D)
used oil or other accumulated liquid must be removed from
the secondary containment system within 24 hours from discovery, or in as
timely manner as possible;
(4)
Used oil handlers must provide spill response
capability to adequately respond to a catastrophic spill of 100% of the capacity
of the largest used oil storage, transfer, or other handling equipment or
device, plus 10% of the
remaining storage
capacity [
of the
remaining used oil, storage, transfer, and other handling equipment and devices
]; and
(5)
Used oil handlers must meet the requirements of subsection
(c) of this section,
but
[
except
] the [
specified
] amount
of
[
for which
] financial assurance [
must be
] provided is 10% of the amount that would otherwise be required
under subsection (c).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on March
1, 1999.
TRD-9901276
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: April 11, 1999
For further information, please call: (512) 239-6087
§324.22.30 TAC §§324.8-324.10
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY The repealed sections are proposed
under the Texas Water Code §5.103, which provides the commission authority
to adopt any rules necessary to carry out its powers and duties under this
code and other laws of this state and to adopt rules repealing any statement
of general applicability that interprets law or policy; §5.105, which
authorizes the commission to establish and approve all general policy of the
commission by rule; and §26.011, which requires the commission to control
the quality of water by rule. The repealed sections are also proposed under
Texas Health and Safety Code, Chapter 371, relating to Used Oil Collection,
Management and Recycling.
The repeal of the sections implements Texas Health and Safety Code, Chapter
371.
§324.8.Limitation of Liability.
§324.9.Reimbursement of Used Oil Collection Center's Hazardous Waste Disposal Expense.
§324.10.Procedures for Reimbursement of Collection Centers.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on March
1, 1999.
TRD-9901278
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: April 11, 1999
For further information, please call: (512) 239-6087