62-737.800. Permit Application Requirements and General Permitting Standards for Mercury Recovery and Mercury Reclamation Facilities

(1) A person wanting to construct or operate a mercury recovery or mercury reclamation facility shall submit an application to the Department to obtain a permit and shall meet the requirements for the applicable operation prior to commencing any construction activities or conducting any operations contained in this chapter.

(2) Information in the application shall be of sufficient detail to show how the facility will be constructed, operated, and closed, and how it will be monitored and maintained during operations and closure in order to comply with the requirements of this chapter. All engineering plans, reports and information supporting the application shall be compiled or supervised, and signed and sealed, by a professional engineer registered in Florida.

(3) All permit applications required under this chapter shall be submitted on DEP Form 62-737.900(2) and shall be accompanied by a $2,000 permit fee or $4,000 for a combined mercury recovery and reclamation facility.

(4) All permit applications shall contain the following information:

(a) Applicant’s name and address;

(b) Location of facility. A facility cannot be located in a 100-year flood plain unless the applicant can provide reasonable assurance that the facility will be constructed to prevent flooding;

(c) Description of its storage, operations, processing equipment and pollution control equipment;

(d) A contingency plan for responding to interruptions to operations and emergencies in accordance with 40 CFR Part 264 Subpart D as adopted by reference in Rule 62-730.180(1), F.A.C.;

(e) A worker health and safety plan including training:

1. Facility personnel must successfully complete a program of classroom or on-the-job training that teaches them to perform their duties in a way that ensures the safe operation of the processing equipment, and that ensures the facility’s compliance with its emergency response procedures and its inspection methods to identify and prevent releases to the environment. Facility personnel must also be informed of their possible exposure to hazardous substances in their work environment and must be informed of the facility’s health and safety plan. Owners and operators are advised that other OSHA requirements may apply to their facility operations, and

2. Operators of equipment, or those involved in the processing operations must complete the training specified in subparagraph (4)(e)1. before conducting processing activities. Facilities shall maintain written records of the successful training of these employees, including any new ones, and the type and nature of the training provided for each employee for a period of three years from the date an employee last worked at the facility;

(f) A quality control plan that defines how the facility operator will monitor and evaluate the requirements specified in the facility’s submittals under paragraphs (c), (d), (e), (g) and (i) of this section. The quality control plan shall include examples of checklists, logs or inspection forms to monitor compliance with the requirements under this chapter. Any required sampling and analysis for operations or closure shall meet the requirements of Rule 62-160.300(6), F.A.C. The Standard Operating Procedures Manual to be followed for sampling shall be the “Quality Assurance Standard Operating Procedures for Sampling at Facilities Permitted Under Chapter 62-737, F.A.C., November 14, 1997”, which is hereby incorporated by reference, or equivalent procedures may be used as specified in Rule 62-160.300(6), F.A.C.;

(g) A closure plan conforming to the requirements of 40 CFR Part 264, Subpart G as adopted by reference under Rule 62-730.180(1), F.A.C., including financial assurance:

1. Financial assurance shall be provided to the Department in accordance with 40 CFR Part 264, Subpart H as adopted by reference under Rule 62-730.180(1), F.A.C., except for all references to 40 CFR 264.144, 264.145, 264.146 and 264.147. References in 40 CFR Part 264, Subpart H to the United States Environmental Protection Agency (EPA) shall mean the State of Florida Department of Environmental Protection; to Regional Administrator shall mean the Secretary of the Department; and

2. Applicants shall complete the applicable Department forms listed in Rule 62-730.900(4)(a)-(j), F.A.C., to demonstrate compliance with the financial assurance requirements of this rule. Photocopies of Department-supplied forms are acceptable. Retyped forms are not acceptable and will be returned;

(h) A demonstration by the owner or operator of the proper amount of general and pollution liability insurance as specified in paragraph (13) below; and

(i) An inspection plan including schedules for inspecting processing equipment, safety and monitoring equipment, emission control equipment and emergency response equipment for malfunctions and deterioration, operator errors, and discharges which may cause, or lead to a release of hazardous matrerials into the environment or which might lead to a threat to human health. This plan shall also cover preparedness and prevention activities in accordance with 40 CFR Part 264 Subpart C as adopted by reference under Rule 62-730.180(1), F.A.C.

(5) The permit application will be processed in accordance with Section 403.722, F.S., including the requirements for notification of local governments of the filing of the application and publication of notice of the filing of the application as set forth in Subsection 403.722(12), F.S., and the publication of notice of the Department’s proposed agency action to issue the permit as set forth in Subsection 403.722(10), F.S.

(6) Permits issued under this chapter shall be subject to the renewal and transfer requirements of Rule 62-730.300, F.A.C., except that DEP Form 62-737.900(2) shall be substituted for DEP Form 62-730.900(2).

(7) All owners and operators of mercury recovery and mercury reclamation facilities shall:

(a) Have established markets for the utilization of reclaimed materials and be able to identify these markets to the Department;

(b) Only introduce into the processing equipment lamps or devices for which the equipment was specifically designed to process, and operate and maintain processing equipment consistent with the equipment manufacturer’s specifications;

(c) Inspect their facilities for malfunctions and deterioration, for operator errors, and discharges which may cause, or lead to a release of hazardous materials into the environment or which might lead to a threat to human health; and

(d) Keep records of inspections (logs) which shall include the date and time of the inspection, the name of the inspector, a notation of observations made, and the date and nature of any repairs made or other remedial actions taken. The logs or records must be kept for a minimum of three years from the date of the inspection.

(8) Owners and operators shall install, operate, monitor and maintain air pollution control equipment as to reduce the mercury emissions from the processing equipment, processing operations and in the processing area in accordance with the Department’s air permitting requirements as specified in Rule 62-210.300, F.A.C.

(9) Owners and operators shall store processed and unprocessed materials in closed containers; and for broken or damaged unprocessed lamps and devices, and residuals, store these in closed, covered and sealed containers or in enclosed areas of the facility conforming to paragraph 62-296.417(1), F.A.C., to prevent mercury emissions. They shall store unprocessed materials, ampoules, phosphor powder and other mercury-containing residuals indoors to prevent breakage of lamps or devices prior to further processing and to prevent a release of hazardous materials to the environment. Separated glass and metal that is stored outdoors shall be stored in covered, watertight containers or in a manner that otherwise prevents contact with water and prevents the release of hazardous materials into the environment, located within portions of the facility with controlled access limited to authorized persons only, and stored in compliance with any applicable hazardous waste storage requirements adopted under Chapter 62-730, F.A.C. Universal waste lamps and devices, and other wastes that mercury reclamation facilities are permitted to receive, may not be stored longer than one year from when they were first received.

(10) Per Rule 62-730.290, F.A.C., owners and operators shall, using DEP Form 62-737.900(2), notify the Department prior to any modifications to the operations or equipment which do not conform to the approved permit. Fees for such modifications shall be 10 percent of the fees specified in subparagraph 62-4.050(4)(k)17., F.A.C., except for modifications specified under subparagraph 62-4.050(4)(k)17.a., F.A.C., in which case the modification fee shall be the same as the permit application fee specified in Subsection 62-737.800(3).

(11) Owners and operators shall keep and maintain copies of shipping documents, including shipping papers and logs detailing shipments received from transporters, hazardous waste manifests and any documents disclosing shipping discrepancies. Such records shall be kept at the facility location for a period of three years from the dates of receipt or shipment, shall be made available to the Department upon request, and shall include the following information:

(a) The dates, amounts, and generators of material received for storage or processing;

(b) The dates, amounts and destinations of materials shipped off-site for further processing or disposal; and

(c) Any other information that indicates the ultimate disposition of the stored or processed materials.

(12) Owners and operators shall submit annual reports to the Department on DEP Form 62-737.900(3) by March 1 of each year, with the first report due March 1, 1996, for activities performed in the previous calendar year, that shall include the following information:

(a) Total types and amounts of materials received by the facility for storage or processing;

(b) Amounts, by destination, of materials shipped off-site for processing, recycling or disposal; and

(c) Total amounts and descriptions of any unprocessed and processed materials stored at the facility at the beginning and end of the reporting period.

(13) The owner or operator shall establish and maintain general liability and pollution liability insurance in amounts adequate to provide coverage for liability potentially incurred in the operation of the facility. For purposes of this rule, insurance coverage in the amount of one million dollars of annual aggregate coverage for general liability and one million dollars of annual aggregate coverage for pollution liability shall be deemed adequate. Each insurance policy must be issued by an insurer licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in the State of Florida. Proof of such insurance shall be provided to the Department at least 60 days prior to initial receipt of universal waste lamps or devices and then annually thereafter. The insurance must be effective before this initial receipt of universal waste lamps or devices. Such proof shall consist of a signed duplicate original certificate of insurance with the Secretary of the Department listed as the certificate holder. If requested by the Department, the insured must provide a signed duplicate original of the insurance policy.

(14) Within two weeks of any emergency event, the operator of the facility shall submit to the Department a written report on the emergency that shall include a description of the origin or cause of the emergency, the actions taken to deal with the emergency, the results of those actions taken, and an analysis of the success or failure of the actions. Emergency events include potential hazards to human health and the environment caused by any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to the air, soil, or surface or ground water as a result of fire, explosion, natural disaster, equipment failure, or some other occurrence.

Specific Authority 403.061, 403.7186 FS. Law Implemented 403.0877, 403.7186, 403.721, 403.722, 403.724 FS. History–New 5-10-95, Amended 5-20-98.