62-710.210. Documents Incorporated by Reference

(1) General provisions relating to solid waste management may be found in chapter 62-701, “Solid Waste Management Facilities,” F.A.C., including statements of intent, definitions, prohibitions, general permitting requirements, alternate procedures, and forms. Except where the context indicates otherwise, these general provisions apply to this chapter.

(2) The Department adopts by reference 40 C.F.R. Part 279 revised as of July 1, 2017 (http://www.flrules.org/Gateway/reference.asp?No=Ref-08950), which contains the federal standards for the management of used oil. It is the intent of the Department to interpret these standards in a manner consistent with interpretations promulgated by the United States Environmental Protection Agency, except when such interpretations conflict with Florida law.

(3) “On-specification used oil fuel” means any used oil which meets the requirements of 40 C.F.R. Part 279.11 [as adopted in subsection 62-710.210(2), F.A.C.]. Used oil fuel containing PCBs at a concentration equal to or greater than 2 ppm, but less than 50 ppm, is regulated under 40 C.F.R. Part 761.20(e) and burned only in boilers or industrial furnaces as defined in 40 C.F.R. Part 260.10 [as adopted in subsection 62-730.020(1), F.A.C.] and identified in 40 C.F.R. Part 279.61 [as adopted in subsection 62-710.210(2), F.A.C.]. Used oil containing PCBs at a concentration equal to or greater than 50 ppm is fully subject to the requirements of the Toxic Substances Control Act found in 40 C.F.R. Part 761. Blending used oil for the purpose of reducing the concentration of PCBs to below 50 ppm is prohibited in accordance with the provisions of 40 C.F.R. 279.10(i) [as adopted in subsection 62-710.210(2), F.A.C.] and 761.20(e).

(4) References in 40 C.F.R. Part 279 [as adopted in subsection 62-710.210(2), F.A.C.] to 40 C.F.R. Part 262 [as adopted in subsection 62-730.160(1), F.A.C.] shall mean rules adopted by the Department regarding generators of hazardous wastes; reference to 40 C.F.R. Part 263 [as adopted in subsection 62-730.170(1), F.A.C.] shall mean rules adopted by the Department regarding transporters of hazardous waste; reference to 40 C.F.R. Parts 264 [as adopted in subsection 62-730.180(1), F.A.C.] and 265 [as adopted in subsection 62-730.180(2), F.A.C.] shall mean rules adopted by the Department regarding treaters, storers and disposers of hazardous wastes; references to 40 C.F.R. Part 266 [as adopted in subsection 62-730.181(1), F.A.C.] shall mean rules adopted by the Department regarding standards for the management of specific hazardous waste; and references to Section 3010 of RCRA shall mean notification requirements of Florida Law. The above-mentioned Department rules are found in chapter 62-730, “Hazardous Waste,” F.A.C.

(5) When the same word, phrase, or term is defined in rule 62-710.201, F.A.C., and 40 C.F.R. Part 279 [as adopted in subsection 62-710.210(2), F.A.C.] and the definitions are not identical, the definitions as given in rule 62-710.201, F.A.C., shall apply.

(6) Unless specifically indicated otherwise, when used in any such provisions as adopted from 40 C.F.R. Part 279 [as adopted in subsection 62-710.210(2), F.A.C.], United States shall mean the State of Florida, EPA shall mean the Department, and Administrator or Regional Administrator shall mean the Secretary of the Department or the Secretary’s designee, where appropriate.

(7) Any reference to 40 C.F.R. Parts 124 or 270 as adopted by reference in 40 C.F.R. Part 279 [as adopted in subsection 62-710.210(2), F.A.C.] shall mean the permitting provisions in chapter 62-4 or 62-730, F.A.C., or section 403.722, F.S.

(8) Any reference to the Resource Conservation and Recovery Act of 1976 (RCRA) as adopted by reference in 40 C.F.R. Part 279 [as adopted in subsection 62-710.210(2), F.A.C.] shall be construed to refer to comparable provisions of the Florida Resource Recovery and Management Act as established in part IV of chapter 403, F.S.

Rulemaking Authority 403.061, 403.704, 403.7545, 403.8055 FS. Law Implemented 403.704, 403.7545 FS. History–New 6-8-95, Amended 12-23-96, 3-25-97, 6-9-05, 1-4-09, 4-23-13, 6-18-18.