1. (a) A person who processes UOFs shall:

   1. (1) Register by January 25th of each year with the Automotive Waste Recycling Program as a UOF processor, utilizing Form TNRCC-10062.
   2. (2) Report by January 25th of each year the amount of UOFs received, sources of UOFs, the name and location of end users, disposal facilities, or any other facility receiving UOFs from the processor for the previous calendar years' activities.
   3. (3) Provide evidence of financial responsibility as the commission deems necessary to assure the executive director that the processor has sufficient assets to provide 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 with a completed UOF processor registration form.

2. (b) A UOF must meet the following processing standards to be considered processed:

   1. (1) the drained UOF has been compressed with a force sufficient to remove 80% of the oil weight remaining in the UOF; or
   2. (2) the UOF has been separated by dismantling, shredding or any other acceptable procedure which separates the whole UOF into its components; or
   3. (3) the UOF meets any standard which may be adopted by a recognized industry association and approved in writing by the executive director, so long as the industry standards requires the removal of free-flowing oil from the filter and prepares the filter for reuse by an end-user; or
   4. (4) the UOF meets any other standard approved in writing by the executive director.

3. (c) In addition to complying with all the requirements described in subsections (a) and (b) of this section, a person processing UOFs generated off-site shall:

   1. (1) Ensure that all UOFs are accompanied by a bill of lading documenting transfer of custody of UOFs to the processor. All bills of lading shall be retained on-site for a period of three years and be available for inspection by the executive director's staff upon request.
   2. (2) Upon request by the generator or collection center originating a shipment of UOFs received by the processor, provide to the generator or collection center written documentation identifying the recipient of reclaimed materials or waste products resulting from the processing of the UOFs originating from the generator or collection center. Such written evidence shall clearly identify each component resulting from the processing and shall indicate the final destination of each such component.
4. (d) A processor may not store unprocessed UOFs longer than 30 days. The executive director may, at his or her discretion, extend this time period for an additional 30 days. A processor who is unable to comply with this storage requirement may apply to the executive director in writing for an extension of this storage period. A processor's storage time limits are initiated at the time the processor takes custody of the UOFs.

5. (e) A processor must determine the environmental risk associated with the storage of the materials resulting from the processing of the UOFs.

   1. (1) For materials which can be shown to be free of residual oil, the agency places no further restrictions.

   2. (2) For materials which are contaminated by used oil, the processor shall:

      1. (A) make a hazardous waste determination in accordance with 40 Code of Federal Regulations Part 261 on all materials destined for disposal or incineration prior to shipment; and
      2. (B) ship such material within 30 days of generation.

Source Note:The provisions of this §328.26 adopted to be effective September 5, 1999, 24 TexReg 6761.