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Florida Administrative Code (Last Updated: April 18, 2024) |
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62. Department of Environmental Protection |
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D62. Departmental |
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62-737. The Management Of Spent Mercury-Containing Lamps And Devices Destined For Recycling |
1(1) Generators, transporters, and facilities managing or disposing of spent mercury-containing lamps or devices in a manner other than recycling as provided for under this chapter are not subject to the provisions of this chapter, but shall comply with 4040 C.F.R. 262.11, 43as adopted by reference under Rule 4962-730.160, 50F.A.C., and all other applicable Department and federal regulations including Rules 6162-737.300 62and 6362-701.300, 64F.A.C.
65(2) The provisions of this chapter, except where specified, apply to spent mercury-containing lamps and devices that are characteristically hazardous wastes for mercury per 8940 C.F.R. 261.24, 92as adopted by reference under Rule 9862-730.030, 99F.A.C. When managed in accordance with this chapter, these wastes are considered to be universal wastes in Florida and are also subject to the applicable 12440 C.F.R. Part 273 128requirements, 129revised as of July 1, 2020 135http://www.flrules.org/Gateway/reference.asp?No=Ref-13567 137and adopted here by reference142.
143(3) Generators of spent universal waste lamps or devices that manage them in accordance with this chapter and Rule 16262-730.185, 163F.A.C., are not required to include these wastes when making hazardous waste generator status quantity determinations under 18040 C.F.R. 261.5 183or Part 262.
186(4) Handlers and transporters of universal waste lamps and devices that are complying with this chapter and the applicable 20540 C.F.R. Part 273 209requirements are exempt from the 21440 C.F.R. 268.7 217and 268.50 land disposal restriction requirements as adopted by reference under Rule 22962-730.183, 230F.A.C.
231(5) References in 23440 C.F.R. Part 273 238[as adopted in subsection 24262-737.150(2), 243F.A.C.] to 24540 C.F.R. Part 261 249[as adopted in subsection 25362-730.030(1), 254F.A.C.] shall mean rules adopted by DEP regarding identification of hazardous wastes; references to 26840 C.F.R. Part 262 272[as adopted in subsection 27662-730.160(1), 277F.A.C.] shall mean rules adopted by the Department regarding generators of hazardous wastes; references to 29240 C.F.R. Parts 264 296[as adopted in subsection 30062-730.180(1), 301F.A.C.] and 265 [as adopted in subsection 30862-730.180(2), 309F.A.C.] shall mean rules adopted by the Department regarding treaters, storers and disposers of hazardous wastes; references to 32740 C.F.R. Part 266 331[as adopted in subsection 33562-730.181(1), 336F.A.C.] shall mean rules adopted by the Department regarding standards for the management of specific hazardous waste; references to 35540 C.F.R. Part 268 359[as adopted in subsection 36362-730.183, 364F.A.C.] shall mean rules adopted by DEP regarding land disposal restrictions; 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.
402(6) When the same word, phrase, or term is defined in Rule 41462-737.200, 415F.A.C., and 41740 C.F.R. Part 273 421[as adopted in subsection 42562-737.150(2), 426F.A.C.] and the definitions are not identical, the definitions as given in Rule 43962-737.200, 440F.A.C., shall apply.
443(7) Unless specifically indicated otherwise, when used in any such provisions as adopted from 45740 C.F.R. Part 273 461[as adopted in subsection 46562-737.150(2), 466F.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; except substitutions as described in this paragraph shall not be made in 51040 C.F.R. 273.32(a)(3) 513and 273.70.
515(8) Any reference to 51940 C.F.R. Parts 124 523or 270 as adopted by reference in 53040 C.F.R. Part 273 534[as adopted in subsection 53862-737.150(2), 539F.A.C.] shall mean the permitting provisions in Chapter 62-4 or 62-730, F.A.C., or Section 553403.722, F.S.
555(9) Any reference to the Resource Conservation and Recovery Act of 1976 (RCRA) as adopted by reference in 57340 C.F.R. Part 273 577[as adopted in subsection 58162-737.150(2), 582F.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.
608Rulemaking Authority 610403.061, 611403.7186 FS. 613Law Implemented 615403.7186, 616403.721 FS. 618History–New 5-10-95, Amended 5-20-98, 6-18-18, 10-1-21.
