The following words and terms, when used in this chapter, shall have 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. (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. (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. (3) Commission--The Texas Natural Resource Conservation Commission (Commission) or its successor.
4. (4) Environmental Protection Agency (EPA)--This term in 40 CFR Part 279 requirements should be replaced with "commission."

5. (5) Recycling--

   1. (A) Preparing used oil for reuse as a petroleum product by rerefining, reclaiming, or other means;
   2. (B) Using used oil as a lubricant or petroleum product instead of using a petroleum product made from new oil; or
   3. (C) Burning used oil for energy recovery.
6. (6) Re-refining--Applying processes 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. (7) Secondary containment--Structures (dikes, berms, and/or retaining walls) or equivalent secondary containment systems that are made of a material(s) that is sufficiently impervious to used oil and capable of containing all potential spills and releases of used oil from the tanks or containers, plus run-on water, until the facility owner or operator can take measures to clean up the released used oil and the run-on water.
8. (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 the facility owner or operator can take measures to clean up the released used oil.
9. (9) Synthetic oils--Oils not derived from crude oil, including those derived from coal, shale, or a polymer-based starting material; and non-polymeric synthetic fluids which are used as hydraulic fluids 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 present relatively the same level of hazard after use.

Source Note:The provisions of this §324.2 adopted to be effective March 6, 1996, 21 TexReg 2393.