1. (a) Any person storing more than six 55-gallon containers of used oil filters (UOFs), or the volumetric equivalent, must register with the executive director as a UOF storage facility using Form TNRCC-10062. Persons storing UOFs may store up to six 55-gallon containers, or the volumetric equivalent, of UOFs without registering as a storage facility.
2. (b) No storage facility may cause, suffer, allow, or permit the discharge from a point source of any waste or of any pollutant, or the performance or failure or any activity other than a discharge, in violation of the Texas Water Code, Chapter 26.
3. (c) The storage facility shall be required to provide evidence of financial responsibility as the commission deems necessary to assure the commission that the storage facility has sufficient assets to provide for the proper closure. Financial assurance for closure may be demonstrated by using one or more of the following mechanisms: trust funds, surety bonds guaranteeing payment or performance, letters of credit, insurance, or financial test and corporate guarantee. These mechanisms shall be prepared on forms approved by the executive director. Proof of compliance shall be submitted to the executive director with a completed UOF-storage- facility registration form.

4. (d) A person who owns or operates a storage facility:

   1. (1) Shall register by January 25th of each year with the Automotive Waste Recycling Program as a UOF storage facility, utilizing registration forms prescribed by the executive director.
   2. (2) Shall report by January 25th of each year the amount of UOFs received, sources of UOFs, and name and location of destinations and amounts shipped to those destinations during the previous calendar year.
   3. (3) May not store a UOF for more than 90 days. At the end of such time, the stored UOFs must be either processed, shipped to a registered processor for processing or disposed. The executive director may, at his or her discretion, extend the 90-day time period upon a written request by the registered storage facility indicating just cause beyond the storage facility's control.

5. (e) Storage facilities must comply with the following standards:

   1. (1) UOFs must be stored in a covered enclosure or in covered rainproof containers. All storage containers must be capable of containing any used oil that may be separate from the filters placed inside.
   2. (2) UOFs must be stored in containers clearly labeled with the phrase "Used Oil Filters" in letters at least three inches high. The name of the owner of the container and the owner's phone number shall be imprinted on the container and clearly legible.

   3. (3) Storage facilities must have a secondary containment system capable of containing an amount of oil equal to 10 gallons for every 55- gallon drum or volumetric equivalent. The containment system must be sufficiently impervious to prevent any used oil released into the system from migrating out of the system to the soil, groundwater or surface water, and must consist of, at a minimum:

      1. (A) A dike, berm or retaining wall; and
      2. (B) A floor which must cover the entire area within the dike, berm, or retaining wall.
6. (f) A storage facility may, as an alternative to meeting the standards delineated in subsection (e) of this section, submit to the executive director for approval a Used Oil Filter Management Plan (management plan) demonstrating to the satisfaction of the executive director the equivalency of an alternative method of storing UOFs. To be considered, the alternate method must meet the objective of protecting the environmental quality of the State of Texas at least as effectively as the management standards contained herein. An approved copy of the management plan must be retained on-site and must be available for inspection by the executive director's staff.
7. (g) In addition to complying with all the requirements delineated in this section, all storage facilities receiving UOFs generated off-site must ship only to a processor registered as a UOF processor with the executive director, an end user or a permitted disposal facility. This subsection does not apply to generators and/or public UOF collection centers that only accept UOFs from a DIYer.

Source Note:The provisions of this §328.24 adopted to be effective September 5, 1999, 24 TexReg 6761.