62-737.400. Requirements and Management Standards for Handlers and Transporters of Spent Universal Waste Lamps and Devices

(1)(a) All universal waste lamp or device handlers and transporters shall comply with the applicable 40 C.F.R. Part 273 requirements [as adopted in subsection 62-737.150(2), F.A.C.], and the requirements of this chapter.

(b) In addition, handlers and transporters of spent universal waste lamps or devices shall only ship these lamps or devices to a handler or universal waste lamp or device destination facility.

(2) A transporter using trucks for the transport of spent universal waste lamps and devices shall only use trucks that are totally enclosed and in good condition. A transporter using trucks or other mode(s) of transportation should also refer to the United States Department of Transportation’s requirements contained in 49 C.F.R. Parts 171 through 173.

(3)(a) Registration:

1. A generator, a handler or transporter managing lamps or devices covered under a reverse distribution program, or a person only collecting spent lamps from generators of 10 or less spent lamps per month and who does not accumulate more than 100 kilograms of lamps at one time, is not required to register with the Department as specified in subparagraphs 2. and 3., below, for these activities,

2. Before beginning operations and annually thereafter by March 1, a handler or a transporter of spent universal waste lamps or devices, excluding a person specified in paragraph 1., above, and the sponsor of a reverse distribution program shall register by notifying the Department of its intent to be a handler or transporter or to operate a reverse distribution program, and certifying that it has employee training procedures in place for the proper handling, emergency response, and containment and cleanup of its spent universal waste lamps or devices. This registration/notification shall be made by submitting a completed Form 62-730.900(1)(b),“8700-12FL – Florida Notification of Regulated Waste Activity,” effective date 12-2019 http://www.flrules.org/Gateway/reference.asp?No=Ref-11236, which is hereby adopted and incorporated by reference [this Form can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste, or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400]; and,

3. Excluding a generator facility, and a handler area used only for lamps or devices collected as a result of its participation in a reverse distribution program; the owner or operator of a large quantity handler facility, or of a transfer facility that stores lamps or devices in areas other than on a lamp or device transport vehicle, and where 2,000 kilograms or more of universal waste lamps or 100 kilograms or more of devices are accumulated at one time shall, in addition to the requirements of subparagraph (3)(a)2., above:

a. Submit a one-time registration fee of one thousand dollars for each separate facility location registration,

b. Develop and submit to the Department, along with its registration, an operational plan including a description of its general housekeeping measures, employee training program, methods to prevent breakage or releases, and its methods for responding to releases of universal lamps or devices or their components; and,

c. Submit to the Department, along with its registration, a closure plan including financial assurance as specified in paragraph 62-737.800(4)(g).

4. Within 60 days of receipt of a completed registration form (DEP Form 62-730.900(1)(b) [adopted by reference in subparagraph 62-737.400(3)(a)2., F.A.C.] and supporting material, including the registration fee if applicable, the Department shall review the form and supporting material and shall either:

a. Issue the registration, or

b. Notify the owner or operator in writing of any deficiencies in or items omitted from the registration materials. For purposes of this paragraph, “deficiency” means that the submitted material does not contain information adequate to support the conclusion that the submittal conforms to the requirements specified in this chapter. Within 30 days of receipt of a written notification from the Department that a submission is deficient, the owner or operator shall submit the requested information to the Department. A modification of this 30 day time frame may be obtained by the owner or operator by requesting in writing that the Department make such a modification. Upon receipt of the omitted items and/or correction of deficiencies, the Department shall issue the registration.

5. The failure of the Department to meet the time frame in subparagraph (3)(a)4., above, shall entitle the owner or operator to compel compliance through the provisions of Section 403.412, F.S., or through such remedies as may be available and appropriate in circuit court. In no circumstances shall the Department’s failure to meet this time frame be construed as issuance of a registration.

6. A handler or transporter, excluding one exempted from registration under subparagraph (3)(a)1., above, shall not begin or continue operations without a current and valid registration issued by the Department.

(b) Notification:

1. Before meeting or exceeding an accumulation amount of 5,000 kilograms of lamps or devices, a generator, reverse distribution handler facility, or other handler shall notify the Department per 40 C.F.R. 273.32(b) as adopted by reference under Rule 62.730.185, F.A.C., using DEP Form 62-730.900(1)(b) [adopted by reference in subparagraph 62-737.400(3)(a)2., F.A.C.,] and receive a DEP/EPA ID number,

2. A small quantity handler of lamps or devices that also accumulates other universal wastes adopted under Rule 62-730.185, F.A.C., shall also make this notification before meeting or exceeding a combined universal waste amount of 5,000 kilograms; and,

3. This notification is not required for a site that has previously notified the Department of its hazardous waste management activities and has received a DEP/EPA ID number.

(4) A small quantity or a large quantity handler of lamps or devices, per 40 C.F.R. 273.16 or 273.36 respectively, as adopted by reference under Rule 62-730.185, F.A.C., and a transporter shall ensure that all its employees, involved with the management of universal waste lamps or devices, are trained in the proper handling (e.g., packaging and preventing breakage) and emergency cleanup and containment procedures applicable to its handling or transport of spent universal waste lamps or devices. These emergency procedures will be kept on each one of the transporter’s vehicles and at the business location of the handler or transporter, and shall be made available for inspection upon request by the Department.

(5) Handlers and transporters shall manage universal waste lamps and devices in a way that prevents breakage, releases of their components to the environment, and their exposure to moisture. In the event of a release, the handler or transporter must determine whether the cleanup residues (e.g., cleanup equipment and contaminated soils) resulting from the release are hazardous waste, and if so, must manage them in accordance with Chapter 62-730, F.A.C. The following management standards shall be observed in addition to the applicable requirements adopted under Rule 62-730.185, F.A.C., and the U.S. Department of Transportation 49 C.F.R. Parts 171 through 180, hazardous material regulations.

(a) Fragile universal waste devices, universal waste lamps crushed per paragraph (6)(b), below, and lamps or devices showing evidence of leakage, spillage, or damage that could cause leakage, shall be placed in closed containers that are structurally sound; compatible with the universal waste lamp or device; and that lack evidence of leakage, spillage or damage that could allow leakage.

(b) Universal waste lamps, devices or the containers in which they are stored shall be labeled or marked clearly as specified in 40 C.F.R. 273 [as adopted in subsection 62-737.150(2), F.A.C.], except for universal waste lamps crushed per paragraph (6)(b), below, which shall be labeled “Crushed Mercury Lamps.”

(6)(a) A handler of universal waste devices or lamps may remove mercury-containing ampoules from these devices or lamps provided the handler complies with the thermostat ampoule removal requirements under 40 C.F.R. 273.13(c) or 273.33(c).

(b) A generator of universal waste lamps may use crushing equipment on-site to reduce the volume of the stored lamps provided that: this is done in a final accumulation container; the lamps are crushed in a controlled manner that prevents the release of mercury vapor or other contaminants; the crushing operations and maintenance of the unit are performed in accordance with written procedures developed by the manufacturer of the equipment including specific instructions for the frequency of filter changes; and the employees using this equipment are thoroughly familiar with these written procedures and emergency procedures should equipment malfunction occur.

(7) A handler or transfer facility, excluding a generator, shall store its universal waste lamps or devices indoors, and shall not store more than the amount specified in its registration or closure plan. A handler shall not store for more than one year, or a transfer facility for more than ten days, universal waste lamps or devices from the date of generation or from when they were first received, respectively. Handlers and transfer facilities shall be able to demonstrate the length of lamp or device storage as specified in 40 C.F.R. 273.15 or 273.35 as adopted by reference under Rule 62-730.185, F.A.C.

(8) A handler of lamps or devices accumulating 5,000 kilograms or more of lamps or devices, or 5,000 kilograms or more of lamps or devices and other universal wastes adopted under Rule 62-730.185, F.A.C., shall track receipts and shipments of these lamps or devices in accordance with 40 C.F.R. 273.39 as adopted by reference under Rule 62-730.185, F.A.C.

Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.704, 403.7186, 403.721 FS. History–New 5-10-95, Amended 5-20-98, 1-4-09, 6-18-18, 11-13-19.