The commission incorporates by reference rules for owners or operators of all "do-it-yourselfer used oil collection centers" and "used oil collection centers" (as defined in 40 Code of Federal Regulations (CFR) §279.1) in 40 CFR Part 279, particularly Subpart D. All appropriate businesses and government agencies are encouraged to serve as "do-it-yourselfer used oil collection centers" or "used oil collection centers." Collection centers collecting used oil from households will be publicized by the commission. In addition, the commission requires the following:
  (1) A "Do-it-yourselfer Used Oil Collection Center" must:
    (A) post and maintain a durable and legible sign identifying the site as a household used oil collection center. Written requests for signs shall be sent to the Texas Commission on Environmental Quality, Used Oil Recycling Program, P.O. Box 13087, Austin, Texas 78711-3087;
    (B) must register each odd numbered year, no later than January 25 following the close of the year, with the Texas Commission on Environmental Quality, Used Oil Recycling Program utilizing a commission form. Registrations expire on December 31 in even numbered years. New collection centers must register within 30 days of initial operation;
    (C) collect used oil from households during business hours at each location to be exempt from the fee on first sale of automotive oil;
    (D) notify the commission in writing within 30 days following abandonment or closure of the collection center or stopping collection of household used oil; and
    (E) annually report the amount of household used oil collected by January 25 of each year on a commission form.
  (2) Household used oil is not subject to the rebuttable presumption (a requirement to prove that used oil is not hazardous).
  (3) A "Used Oil Collection Center" must:
    (A) post and maintain a durable and legible sign identifying the site as a household used oil collection center. Written requests for signs shall be sent to the Texas Commission on Environmental Quality, Used Oil Recycling Program, P.O. Box 13087, Austin, Texas 78711-3087;
    (B) register each odd numbered year no later than January 25 following the close of the year, with the Texas Commission on Environmental Quality, Used Oil Recycling Program utilizing a commission form. Registrations expire on December 31 in even numbered years. New collection centers must register within 30 days of initial operation;
    (C) collect used oil from households during business hours at each location to be exempt from the fee on first sale of automotive oil;
    (D) notify the commission in writing within 30 days following abandonment or closure of the collection center or stopping collection of household used oil; and
    (E) report annually the amount of household and non-household used oil collected by January 25 of each year on a commission form. Mixtures of household used oil and non-household used oil shall be considered non-household used oil.
  (4) Household used oil is not subject to the rebuttable presumption (a requirement to prove used oil is not hazardous) unless mixed with non-household used oil.

Source Note: The provisions of this §324.7 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