1. (a) This subchapter applies to a used oil filter only if the filter has been determined to be nonhazardous or exempt from being hazardous waste due to draining of used oil per Title 40 Code of Federal Regulations, §261.4(b)(13) (as amended through August 24, 1998), and the filter has not been:

   1. (1) separated into its component parts; or

   2. (2) burned for:

      1. (A) steel recovery; or
      2. (B) energy recovery.

2. (b) This subchapter does not apply to:

   1. (1) an industrial generator that is:

      1. (A) registered with the agency as an industrial or hazardous waste facility; or
      2. (B) under the waste management authority of a state agency other than the commission.
   2. (2) a do-it-yourselfer.

Source Note:The provisions of this §328.22 adopted to be effective December 23, 1999, 24 TexReg 11512.