The commission incorporates by reference rules for owners or
operators of all "do-it-yourselfer used oil collection centers" and
"used oil collection centers" (as defined in 40 Code of Federal Regulations
(CFR) §279.1) in 40 CFR Part 279, particularly Subpart D. All
appropriate businesses and government agencies are encouraged to serve
as "do-it-yourselfer used oil collection centers" or "used oil collection
centers." Collection centers collecting used oil from households will
be publicized by the commission. In addition, the commission requires
the following:
(1) A "Do-it-yourselfer Used Oil Collection Center"
must:
(A) post and maintain a durable and legible sign identifying
the site as a household used oil collection center. Written requests
for signs shall be sent to the Texas Commission on Environmental Quality,
Used Oil Recycling Program, P.O. Box 13087, Austin, Texas 78711-3087;
(B) must register each odd numbered year, no later
than January 25 following the close of the year, with the Texas Commission
on Environmental Quality, Used Oil Recycling Program utilizing a commission
form. Registrations expire on December 31 in even numbered years.
New collection centers must register within 30 days of initial operation;
(C) collect used oil from households during business
hours at each location to be exempt from the fee on first sale of
automotive oil;
(D) notify the commission in writing within 30 days
following abandonment or closure of the collection center or stopping
collection of household used oil; and
(E) annually report the amount of household used oil
collected by January 25 of each year on a commission form.
(2) Household used oil is not subject to the rebuttable
presumption (a requirement to prove that used oil is not hazardous).
(3) A "Used Oil Collection Center" must:
(A) post and maintain a durable and legible sign identifying
the site as a household used oil collection center. Written requests
for signs shall be sent to the Texas Commission on Environmental Quality,
Used Oil Recycling Program, P.O. Box 13087, Austin, Texas 78711-3087;
(B) register each odd numbered year no later than January
25 following the close of the year, with the Texas Commission on Environmental
Quality, Used Oil Recycling Program utilizing a commission form. Registrations
expire on December 31 in even numbered years. New collection centers
must register within 30 days of initial operation;
(C) collect used oil from households during business
hours at each location to be exempt from the fee on first sale of
automotive oil;
(D) notify the commission in writing within 30 days
following abandonment or closure of the collection center or stopping
collection of household used oil; and
(E) report annually the amount of household and non-household
used oil collected by January 25 of each year on a commission form.
Mixtures of household used oil and non-household used oil shall be
considered non-household used oil.
(4) Household used oil is not subject to the rebuttable
presumption (a requirement to prove used oil is not hazardous) unless
mixed with non-household used oil.
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Source Note: The provisions of this §324.7 adopted to be effective March 6, 1996, 21 TexReg 2393; amended to be effective August 8, 1999, 24 TexReg 5882; amended to be effective February 21, 2013, 38 TexReg 973 |