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RULE §324.2Definitions

The commission incorporates by reference the definitions in 40 Code of Federal Regulations (CFR) §279.1. However, the following words have these additional meanings:

  (1) Aboveground tank--A tank used to store or process used oil that is not an underground storage tank as defined in 30 TAC Chapter 334 of this title (relating to Underground and Aboveground Storage Tanks).

  (2) Earthen area--The active area of the facility is the earthen area at the facility over which any transportation, storage or processing of used oil occurs.

  (3) Recycling of used oil--

    (A) Preparing used oil for reuse as a petroleum product by re-refining, 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.

  (4) Re-refining--Applying processes (other than crude oil refining) to material composed primarily of used oil to produce high-quality base stocks for petroleum products, including settling, filtering, catalytic conversion, fractional/vacuum distillation, hydro treating, or polishing.

  (5) Secondary containment--Dikes, berms, retaining walls, and/or equivalent structures made of a material(s) that is sufficiently impervious to used oil. These structures shall be designed to meet the specifications found in §324.22(d)(3) of this title (relating to Soil Remediation Requirements for Used Oil Handlers) to retain potential spills of used oil from the tanks or containers, plus run-on water, until removal of the spill.

  (6) Sufficiently impervious to used oil--Capable of containing all potential spills of used oil from containers and tanks until removal of the spill.

  (7) Synthetic oils--Oils not derived from crude oil. This includes those from coal, shale, or a polymer-based starting material; and non-polymeric synthetic fluids used as hydraulic or heat transfer fluids. Synthetic oils are generally used for the same purpose as crude oil derived oils and have relatively the same level of contamination after use.

  (8) Used oil handler--A transporter or an owner or operator of a used oil transfer, processing, re-refining, or off-specification used oil burning facility.

Source Note: The provisions of this §324.2 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

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