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RULE §324.12Processors and Re-refiners

The commission incorporates by reference rules for owners and operators of used oil processing and re-refining facilities in 40 Code of Federal Regulations (CFR) Part 279, particularly Subpart F. In addition, the commission requires the following:

  (1) Underground storage tanks. See §324.11(1) of this title (relating to Transporters and Transfer Facilities).

  (2) Registration. Processors and re-refiners must register their used oil activities if they have not previously registered their specific used oil activities with the commission and the United States Environmental Protection Agency (EPA). Processors and re-refiners must register, through the commission, using the EPA Form 8700-12 and a commission form. Mail registration forms to the Texas Commission on Environmental Quality, Used Oil Recycling Program.

  (3) Analysis plan. Each facility must prepare an analysis plan. The facility will follow the plan when sampling and analyzing, keeping records, and 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 procedures for handling a shipment of contaminated used oil. A facility need not prepare an analysis plan if it:

    (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 biennial report required by 40 CFR §279.57(b) covering each odd numbered year must 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 not, you must submit the report by January 25 of the following even numbered year. The information must be entered on a commission form. Mail the report to the Texas Commission on Environmental Quality, Used Oil Recycling Program.

Source Note: The provisions of this §324.12 adopted to be effective March 6, 1996, 21 TexReg 2393; amended to be effective March 17, 1998, 23 TexReg 2822; amended to be effective August 8, 1999, 24 TexReg 5882; amended to be effective February 21, 2013, 38 TexReg 973

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