Office of House Bill AnalysisH.B. 2619
By: Ramsay
Environmental Regulation


Texas adopted a used oil filter landfill ban in 1995 to facilitate the
recycling of used oil filters.  The Texas Natural Resource Conservation
Commission has had regulations in place regulating the recycling of used
oil filters since 1993.  Concerns have been raised that the regulations are
burdensome and that it is difficult to comply with them. 

H.B. 2619 provides standards concerning time limits for transporting,
storing, and processing of used oil filters.  This bill also prohibits the
discharge of used oil into the soil or water and the placement of a used
oil filter containing oil on land.  Furthermore, this bill subjects a
person who violates a provision of this act to civil and administrative


It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section 371.109, Health and Safety Code) and
SECTION 2 of this bill. 


SECTION 1.  Amends Chapter 371, Health and Safety Code, by adding
Subchapter E, as follows: 


Sec.  371.101.  DEFINITIONS.  Defines "bill of lading," "bulk filter
container," "component parts," "do-it-yourselfer," "generator," "process,"
"processor," "store," "storage facility," "transporter," and "used oil

Sec.  371.102.  APPLICABILITY.  (a) Provides that this subchapter applies
to a used oil filter only if the filter has not been separated into its
component parts or burned for steel or energy recovery. 

(b) Sets forth that this chapter does not apply to a prescribed type of
industrial generator, or a do-it-yourselfer. 

Sec.  371.103.  GENERAL REQUIREMENTS.  Prohibits a person from storing,
processing, or disposing of a used oil filter in a manner that results in
the discharge of oil into soil or water.  Prohibits a person from knowingly
placing on land a used oil filter that contains oil unless the used oil
filter is in a container.  Provides that a bulk filter container used to
store used oil filters must not leak and must be securely closed,
waterproof, and in good condition. Prohibits a used oil filter from being
intentionally or knowingly placed in or accepted for disposal in a landfill
permitted by the Texas Natural Resource Conservation Commission

Sec.  371.104.  REGISTRATION AND REPORTING.  Prohibits a transporter,
storage facility, or processor from storing, processing, recycling, or
disposing of used oil filters unless the person is registered with the
commission.  Prohibits a person from storing oil filters that in the
aggregate have a volume greater than six 55-gallon drums or in more than
one bulk filter container unless the person is registered with the
commission as a storage facility.  Requires a registered transporter,
storage facility, or processor to: 
_renew the registration biennially; and,
_report to the commission biennially the number of used oil filters the
person transported, stored, or processed in the previous two years. 

Sec.  371.105.  SHIPMENT RECORDS.  Provides that each shipment of used oil
filters must be accompanied by a bill of lading that conforms to commission
rules.  Provides that, in accordance with the commission rules, a copy of
the bill of lading must be maintained by the generator, transporter,
storage facility, and processor of the filters for at least three years
after the date the filters were transported, stored, or processed.
Provides that the copies of the bills of lading must be made available for
the commission to inspect at any reasonable time. 

Sec.  371.106.  LIMITATIONS ON STORAGE.  Prohibits a storage facility from
storing a used oil filter for more than 120 days.  Prohibits a transporter
from storing a used oil filter for more than 10 days.  Prohibits a
processor from storing a used oil filter for more than 30 days before it is
processed.  Requires a processor that stores used oil filters in a
container to label each container clearly with the phrase "Used Oil

Sec.  371.107.  VARIANCES.  Authorizes the commission to grant an
individual variance to allow a generator to store used oil filters in
greater aggregate volume than the volume prescribed by Section 371.104 or a
person to store used oil filters for longer than the period prescribed for
that person by Section 371.106.  Prohibits the commission from granting a
variance under this section for a period longer than two years. 

Sec.  371.108.  SPILL PREVENTION AND CONTROL.  Requires each registered
storage facility and each facility of a registered processor to develop a
plan to prevent spills and respond to spills according to the federal spill
prevention, control, and countermeasure requirements provided by Title 40,
Code of Federal Regulations, Part 112 (Oil Pollution Prevention), as

Sec.  371.109.  FINANCIAL RESPONSIBILITY.  Requires the commission to adopt
rules requiring a person required to register under Section 371.104 to
demonstrate adequate financial responsibility. 

Sec.  371.110.  CIVIL AND ADMINISTRATIVE PENALTIES.  Subjects a person who
violates this subchapter or a rule adopted under this subchapter to
liability for a civil penalty of not less than $100 or more than $500 for
each violation and for each day of a continuing violation, notwithstanding
Sections 7.052 (Maximum Penalty) and 7.102 (Maximum Penalty), Water Code.
Authorizes the commission or the attorney general at the request of the
commission to bring suit under Subchapter D (Civil Penalties), Chapter 7,
Water Code, to recover the penalty.  Authorizes a local government with
jurisdiction over the area in which the violation occurred to bring suit to
recover the penalty.  Subjects a violation described in this section to an
administrative penalty.  Authorizes the commission to recover the
administrative penalty in a proceeding conducted as provided by Subchapter
C (Administrative Penalties), Chapter 7, Water Code. 

SECTION 2.  (a) Effective date: September 1, 1999, except as provided by
Subsection (b) of this section. 

(b) Provides that the following provisions take effect January 1, 2000;
Sections 371.104371.106, and 371.110, Health and Safety Code, as added by
this Act. 

(c) Requires the commission to adopt rules so that the commission may begin
enforcement of Sections 371.104-371.106, Health and Safety Code, on the
date those sections take effect. 

(d) Provides that for the purposes of Section 371.106, Health and Safety
Code, as added by this Act, the period of storage of a used oil filter that
on January 1, 2000, is being stored by a person described by that section
begins on January 1, 2000, regardless of the date the  

 storage of the oil filter began.

SECTION 3.  Repealer:  Section 361.432 (Used Oil Filter Management), Health
and Safety Code. 

SECTION 4.  Emergency clause.