The purpose and effect of this proposed rule is to amend rules identified in the Department's 2016-2017 Regulatory Plan as needing to be amended to increase efficiency and internal consistency by adopting federal regulations by reference, making ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-730.020Definitions

62-730.021References, Variances and Case-by-Case Regulations

62-730.030Identification of Hazardous Waste

62-730.150General

62-730.160Standards Applicable to Generators of Hazardous Waste

62-730.161Emergency Identification Numbers

62-730.170Standards Applicable to Transporters of Hazardous Waste

62-730.171Transfer Facilities

62-730.180: Standards Applicable to Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

62-730.181Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

62-730.183Land Disposal Restrictions

62-730.185Standards for Universal Waste Management

62-730.186Universal Pharmaceutical Waste

62-730.220Applications for Permits and Other Authorizations

62-730.265Clean Closure Plans at Unpermitted Facilities and Subpart H Remedial Action Plans.

62-730.900Forms

PURPOSE, EFFECT AND SUMMARY: The purpose and effect of this proposed rule is to amend rules identified in the Department's 2016-2017 Regulatory Plan as needing to be amended to increase efficiency and internal consistency by adopting federal regulations by reference, making conforming changes for consistency with federal regulations, and making technical corrections.

RULEMAKING AUTHORITY: 120.53, 403.061, 403.0611, 403.087, 403.0877, 403.151, 403.704, 403.707, 403.72, 403.721, 403.722, 403.7234, 403.724, 403.727, 403.8055, FS.

LAW IMPLEMENTED: 120.52, 120.53, 120.54, 120.55, 403.061, 403.0611, 403.0875, 403.0877, 403.091, 403.151, 403.704, 403.707, 403.72, 403.721, 403.722, 403.7222, 403.723, 403.7234, 403.724, 403.727, FS.

THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION

403.8055, F.S. WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE TO: Julie Rainey, Department of Environmental Protection, MS 4560, 2600 Blair Stone Road, Tallahassee, 32399-2400 or email at [e-mail]

SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE AGENCY. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-730.020 Definitions.

(1) The Department adopts by reference the definitions contained in 40 Code of Federal Regulations (CFR) 260.10 revised as of July 1, 2017 http://www.flrules.org/Gateway/reference.asp?No=Ref-09039 2015 http://www.flrules.org/Gateway/reference.asp?No=Ref-06405, except for the optional addition of “or 267.101” to subsection (2), of the definition of “facility” in the Federal Register dated September 8, 2005 (70 FR 53419).

(2) No change

(3)(a) No change

(b) Unless specifically indicated otherwise, when used in any provisions as may be adopted in this chapter from 40 C.F.R. Parts 124 and 260 through 273: “United States” shall mean the State of Florida; “U.S. Environmental Protection Agency” or “EPA” shall mean DEP; and “Administrator” or “Regional Administrator” or “State Director” shall mean Secretary (including the Secretary’s designee, where appropriate).

1. Substitutions as described in paragraph (3)(b), of this rule, shall not be made in 40 C.F.R: 124.6(e); 124.10(c)(1)(ii); 260.10; 260.11(a); 261.4(a)(23); 261.4(a)(24)(v)(B); 261.4(h)(4)(iii); 261.10; 261.11; 261.39(a)(5); 261.40; 261.41; 261.143(e)(1)(i)(D); 261.143(e)(1)(ii)(D); 261.147(f)(1)(i)(C); 261.147(f)(1)(ii)(D); 261.147(g)(2)(i); 261.147(g)(2)(ii); Part 261, Appendix IX; 262.20(a)(3)(ii); 262.24(a)(3); 262.24(g); 262.25; Part 262, Subparts E, F and H; 263.20(a)(2); 263.20(a)(4)(iv); 263.20(a)(4)(v); 263.20(a)(8); 263.20(c); 263.20(e)(2); 263.20(f)(2); 263.20(g); 263.20(g)(4); 264.12(a)(1); 264.12(a)(2), 264.12(a)(3); 264.12(a)(4); 264.71(a)(2)(v); 264.71(a)(3), 264.71(d); 264.71(f)(4); 264.71(j); 264.1082(c)(4)(ii); 265.12(a)(1); 265.12(a)(2); 265.12(a)(3); 265.12(a)(4); 265.71(a)(2)(v); 265.71(a)(3); 265.71(d); 265.71(f)(4); 265.71(j); 265.1083(c)(4)(ii); 268.1(e)(3); 268.2(j); 268.13; 268.40(b); 270.2; 270.10(e)(2) and (3); 270.10(f)(2) and (3); 270.10(g)(1); 270.11(a)(3); 270.32(b)(2); 270.72(a)(5) and (b)(5); and 273.32(a)(3).

2. through 3. No change

(c) Any reference to the Federal Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 (RCRA) and its amendments, within 40 C.F.R. Part 124 and Parts 260 through 273 as adopted by reference herein, shall be construed to refer to comparable provisions of the Florida Resource Recovery and Management Act (FRRMA) as established in Part IV of Chapter 403, F.S., and the Federal Solid Waste Disposal Act, as amended.

(d) through (e) No change

(4) through (5) No change

(6) “Episodic generator” means a generator of hazardous waste who temporarily changes status based on one-time or periodic events, but not more than one time per year, for example, a Small Quantity Generator (SQG) who becomes a Large Quantity Generator (LQG) for one month every two years when sludge is cleaned out of plating tanks. The episodic generator category is solely for notification purposes, and does not change other regulatory requirements that apply based on the temporary status change.

Rulemaking Authority 403.704, 403.721, 403.8055 FS. Law Implemented 403.704, 403.72, 403.721 FS. History–New 5-28-81, Amended 9-8-81, 12-6-81, 11-25-82, 5-19-83, 1-5-84, 8-24-84, 7-5-85, Formerly 17-30.02, Amended 9-19-86, 10-31-86, 4-13-88, Formerly 17-30.020, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.020, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, 11-27-13, 6-17-15, 4-5-16,_____.

 

62-730.021 References, Variances and Case-by-Case Regulations.

The Department adopts by reference the following Sections of 40 CFR Part 260 revised as of July 1, 2017 http://www.flrules.org/Gateway/reference.asp?No=Ref-09040 2015 http://www.flrules.org/Gateway/reference.asp?No=Ref-06406: for publications incorporated by reference, 260.11 except for the optional amendments to 260.11(c)(1), 260.11(c)(3)(xxvii) and 260.11(d)(1) in the Federal Register dated September 8, 2005 (70 FR 53419); for general requirements which apply to rulemaking peititions, 260.20; for petitions for equivalent testing or analytical methods, 260.21; for petitions to exclude a waste at a particular facility, 260.22; for petitions to include additional hazardous wastes, 260.23; for variances from classification as a solid waste, 260.30; for standards and criteria for variances from classification as a solid waste, 260.31; for variances to be classified as a boiler, 260.32; for procedures for variances from classification as a solid waste or to be classified as a boiler, or for non-waste determinations, 260.33; for standards and criteria for non-waste determinations, 260.34; for additional regulation of certain hazardous waste recycling activities on a case-by-case basis, 260.40; for procedures for case-by-case regulation of hazardous waste recycling activities, 260.41; for notification requirement for hazardous secondary materials, 260.42; and for legitimate recycling of hazardous secondary materials, 260.43. The language of 40 C.F.R.. 260.11 in effect on September 8, 2005 remains in effect.

Rulemaking Authority 403.704, 403.721, 403.8055 FS. Law Implemented 403.704, 403.721 FS. History–New 7-5-85, Formerly 17-30.021, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.021, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, 4-5-16, 8-2-16,_____.

 

62-730.030 Identification of Hazardous Waste.

(1) The Department adopts by reference 40 CFR Part 261 revised as of July 1, 2017 http://www.flrules.org/Gateway/reference.asp?No=Ref-09041 2015 http://www.flrules.org/Gateway/reference.asp?No=Ref-06407, and all appendices, with the exceptions described in paragraphs (1)(a) and (b) through (c) of this rule. 40 C.F.R. Part 261 [as adopted in this subsection] contains EPA’s rules on the identification and listing of hazardous waste. No delisting published by EPA in 40 C.F.R. Part 261 is effective in Florida until it is adopted by the Department.

(a) The following sections that are applicable only to unauthorized states: 40 C.F.R. 261.149 and 261.150.

(a) 40 C.F.R. 261.4(b)(16) [Reserved].

(b) The optional amendments to 40 C.F.R. 261.4(b) in the Federal Registers dated May 20, 1992 (57 FR 21524), July 1, 1992 (57 FR 29220) and February 11, 1999 (64 FR 6806).

For the optional amendments in paragraph (1)(b), of this rule, the language in effect immediately prior to the effective date of the referenced Federal Registers remains in effect.

(b)(c) The optional addition of “267” to 40 C.F.R. 261.7(a)(1) in the Federal Register dated September 8, 2005 (70 FR 53419): the optional amendments to 40 C.F.R. 261.3(a)(2)(iv)(A), (B), (D), (F) and (G) in the Federal Register dated October 4, 2005 (70 FR 57769); and the optional addition of “267” to 40 C.F.R. 261.5(b), 261.5(e)intro , 261.5(f)(2), 261.5(g)(2), 261.6(a)(3), 261.6(c)(1), 261.6(d), 261.7(a)(1), 261.7(a)(2), and 261.30(c) in the Federal Register dated March 18, 2010 (75 FR 12989) http://www.flrules.org/Gateway/reference.asp?No=Ref-00590.

For the optional amendments in paragraph (1)(c) of this rule, the language in effect on the date of the referenced Federal Registers remains in effect.

(2) 40 C.F.R. 261.5(g)(3)(iii)  [as adopted in subsection 62-730.030(1), F.A.C.] shall refer to hazardous waste management programs approved by EPA.

(2)(3) A very conditionally exempt small quantity generator (VSQG) (CESQG) which chooses to send its hazardous waste to an off-site treatment, storage or disposal facility shall document delivery of its hazardous waste through written receipts and other records which are retained for at least three years. The written receipts and other records shall include names and addresses of the generator and the treatment, storage or disposal facility, the type and amount of hazardous waste delivered, and the date of shipment.

(3)(4) 40 C.F.R. 261.2(f) [as adopted in subsection 62-730.030(1), F.A.C.] requires respondents in actions to enforce regulations to provide appropriate documentation to support their claim that a material is not a solid waste or is conditionally exempt from regulation.

(a) With respect to a claim that a substance (which if otherwise disposed of would be a hazardous waste under this chapter) is not a solid waste because it is a mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works (POTW) for treatment under 40 C.F.R. 261.4(a)(1) [as adopted in subsection 62-730.030(1), F.A.C.], “appropriate documentation” shall mean a copy of notification to the POTW and the Department in accordance with the requirements of subsection 62-625.600(15), F.A.C., including a copy of the certification required by paragraph 62-625.600(15)(d), F.A.C. In order to avoid a penalty for disposal of hazardous waste without proper notification, the documentation must have been submitted to the POTW on a date prior to the date of the Department’s inspection of the facility and prior to the Department’s request for such documentation. This provision applies to all hazardous waste generators, including VSQGs CESQGs, which discharge more than 15 kilograms of non-acute hazardous wastes in any calendar month, or any quantity of acute hazardous wastes.

(b) With respect to a claim that hazardous waste is exempt from regulation because it was disposed of or generated by one or more VSQGs CESQGs who meet the requirements of 40 C.F.R. 260.10, 262.13(f), and 262.14 261.5  [as adopted in subsections 62-730.020(1) and 62-730.160 62-730.030(1), F.A.C.] “appropriate documentation” shall mean written records from each applicable VSQG CESQG, detailing the quantities of hazardous waste generated by that VSQG CESQG, and the method and location of disposal of such hazardous waste.

Rulemaking Authority 403.72, 403.721, 403.8055 FS. Law Implemented 403.72, 403.721 FS. History–New 5-28-81, Amended 9-8-81, 12-6-81, 3-4-82, 11-25-82, 5-19-83, 1-5-84, 8-24-84, 12-18-84, 7-5-85, 10-3-85, Formerly 17-30.03, Amended 5-5-86, 8-25-86, 9-19-86, 10-31-86, 3-31-87, 4-13-88, Formerly 17-30.030, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.030, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 6-8-10, 10-12-11, 6-29-12, 4-23-13, 11-27-13, 6-17-15, 4-5-16,_____.

 

62-730.150 General.

(1) No change

(2)(a) All generators (except very small quantity generators as defined in 40 C.F.R. 260.10 [as adopted in subsection 62-730.020(1), F.A.C.] that are conditionally exempt pursuant to 40 C.F.R. 262.14 261.5 [as adopted in subsection 62-730.160 62-730.030(1), F.A.C.] and are not experiencing an episodic event as defined in 40 C.F.R. 262 Subpart L [as adopted in subsection 62-730.020(1), F.A.C.]), all transporters, and all persons who own or operate a facility which treats, stores, or disposes of hazardous waste, must notify the Department using Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity,” effective date 4-23-13, which is hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-02074), unless they have previously notified. This form can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm or by contacting the Permitting and Compliance Assistance Program Hazardous Waste Regulation Section, MS 4500 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. In addition, transporters are subject to the reporting requirements of Rule 62-730.170, F.A.C.

(b) All generators, transporters, or persons who own or operate a facility which treats, stores, or disposes of hazardous waste, and everyone required to notify under Rule 62‑730.181, F.A.C., shall notify the Department of all changes in status and shall use the “8700-12FL – Florida Notification of Regulated Waste Activity,” Form 62-730.900(1)(b), [adopted by reference in paragraph 62-730.150(2)(a), F.A.C.], to do so. Changes in status include, but are not limited to: changes in the facility name, location, mailing address, business form, ownership or management control of the facility or its operations; ownership of the real property where the facility is located; facility contact person; type of regulated waste activity; changes in the amount of hazardous waste generated per month that put the facility in a different generator category other than episodic generators, going out of business; tax default; or petition for bankruptcy protection.

(3) The “RCRA Subtitle C Site Identification and Hazardous Waste Report 2011 Hazardous Waste Report Form, Form 62-730.900(8), effective date _____4-23-13,” is hereby adopted and incorporated by reference (URL http://www.flrules.org/Gateway/reference.asp?No=Ref-02085). This form can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm or by contacting the Permitting and Compliance Assistance Program Hazardous Waste Regulation Section, MS 4500 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. This form is only to be used for submitting biennial reports pursuant to Chapter 62-730.160(2), F.A.C. It should not be used to notify the Department of hazardous waste activities. DEP Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity,” effective date 4-23-13, shall be used for notification purposes.

(4) through (6) No change

Rulemaking Authority 403.0611, 403.087, 403.704, 403.721, 403.7234, 403.8055 FS. Law Implemented 403.061, 403.0611, 403.091, 403.151, 403.704, 403.721, 403.722, 403.7222, 403.7234 FS. History–New 5-19-82, Amended 1-5-84, 7-5-85, 7-22-85, Formerly 17-30.15, Amended 5-5-86, Formerly 17-30.150, Amended 8-13-90, 10-14-92, 10-7-93, Formerly 17-730.150, Amended 1-5-95, 9-7-95, 10-10-02, 10-1-04, 1-29-06, 4-22-07, 1-4-09, 4-23-13,_____.

 

62-730.160 Standards Applicable to Generators of Hazardous Waste.

(1) The Department adopts by reference 40 CFR Part 262 revised as of July 1, 2017 http://www.flrules.org/Gateway/reference.asp?No=Ref-09042 2014 http://www.flrules.org/Gateway/reference.asp?No=Ref-04896, including the Appendix, with the exception of 40 CFR 262.16(c) 262.34(e), the Project XL site-specific regulations in 262.10(j) and Subparts I and J, and the optional addition of “267” to 262.10(f), 262.10(j)(1), 262.10(k), 262.11(d), 262.34(b), 262.34(f), 262.34(i), and 262.41(b) in the Federal Register dated March 18, 2010 (75 FR 12989) http://www.flrules.org/Gateway/reference.asp?No=Ref-00590 .

(2) A primary exporter of hazardous waste shall file a copy of the advance notification required by 40 C.F.R. 262.53, the annual reports required by 40 C.F.R. 262.56, and the exception reports required by 40 C.F.R. 262.55 with the Department.

(3) Generators of hazardous waste shall complete the following sections of the Uniform Hazardous Waste Manifest: Items 1 through 15 and the applicable parts of item 16, if required for international shipments, on Form 8700-22, and Items 21 through 32, on Form 8700-22A. Copies of a list of vendors which supply the form and instructions may be obtained by contacting the Hazardous Waste Management Section, MS 4555, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(2) (4) Large Quantity Generators, as defined in 40 C.F.R Part 260.10; Operating and Postclosure Permittees that generate hazardous waste; and all HSWA Corrective Action Permittees that are also a Large Quantity Generator of hazardous waste Generators of 1000 kilograms or greater of hazardous waste in a calendar month shall submit biennial reports required by 40 C.F.R. 262.41 [as adopted in subsection 62-730.160(1), F.A.C.] to the Department on Form 62-730.900(8) (“RCRA Subtitle C Site Identification and Hazardous Waste Report  2011 Hazardous Waste Report Form”) as adopted in subsection 62-730.150(3), F.A.C. Rule 62-730.900, F.A.C., contains information on obtaining a copy of this form and instructions.

(3) (5) Generators of hazardous waste who accumulate hazardous waste on-site under 40 CFR 262.16, and 262.17  262.34 [as adopted in subsection 62-730.160(1), F.A.C.], shall maintain written documentation of the inspections required under 40 CFR Part 265 [as adopted in subsection 62-730.180(2), F.A.C.], and 40 C.F.R 262.16 and 262.17 [as adopted in subsection 62-730.160(1), F.A.C.]. The generator shall keep the written documentation of the inspections under this section for at least three years from the date of the inspection. At a minimum, this documentation shall include the date and time of the inspection, the legibly printed name of the inspector, the number of containers, the condition of the containers, a notation of the observations made, and the date and nature of any repairs or other remedial actions.

(4) (6) Generators required to inspect containers under 40 C.F.R. 262.16(b)(2)(iv) and 262.17(a)(1)(v), [as adopted in subsection 62-730.160(1), F.A.C.] shall maintain adequate aisle space between containers of hazardous waste to allow for inspection of the condition and labels of the individual containers.

(5) 40 C.F.R. 262.14(a)(5)(iii) [as adopted in subsection 62-730.160(1), F.A.C.] shall refer to hazardous waste management programs approved by EPA.

Rulemaking Authority 403.704, 403.721, 403.8055 FS. Law Implemented 403.704, 403.72, 403.721 FS. History–New 5-19-82, Amended 5-20-82, 3-31-83, 1-5-84, 2-2-84, 8-24-84, 7-5-85, 10-3-85, Formerly 17-30.16, Amended 9-19-86, 10-31-86, 3-31-87, 5-26-87, 6-28-88, Formerly 17-30.160, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.160, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 6-8-10, 10-12-11, 6-29-12, 4-23-13, 6-17-15, 4-5-16,_____.

 

62-730.161 Emergency Identification Numbers.

(1) 40 C.F.R. 262.18(a) 262.12(a) requires all generators to obtain an EPA identification number before offering hazardous waste for transport. Under certain special circumstances, the Department processes applications for an emergency identification number [referred to as an emergency EPA/DEP I.D. number]. These special circumstances are:

(a) through (c) No change

(2) In order to apply for an emergency EPA/DEP I.D. number, the generator of the hazardous waste(s) shall:

(a) Send the Department a completed Form 62-730.900(3), Application for a Hazardous Waste Emergency EPA/DEP Identification Number (“Emergency I.D. Form”), effective date 4-23-13, which is hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-02078). This form can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm, or by contacting the Permitting and Compliance Assistance Program Hazardous Waste Regulation Section, MS 4500 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; and,

(b) No change

(3) through (4) No change

(5) A generator with an emergency EPA/DEP I.D. number who generates greater than 1000 kg of hazardous waste in a calendar month, shall submit a biennial report as described in subsection 62-730.160(2)(5), F.A.C.

Rulemaking Authority 403.704, 403.72, 403.721, 403.727 FS. Law Implemented 403.704, 403.721 FS. History–New 1-5-95, Amended 1-29-06, 4-23-13,_____.

 

62-730.170 Standards Applicable to Transporters of Hazardous Waste.

(1) The Department adopts by reference 40 C.F.R. Part 263 revised as of July 1, 2017 http://www.flrules.org/Gateway/reference.asp?No=Ref-09043 2014 http://www.flrules.org/Gateway/reference.asp?No=Ref-04897, with the exception of the optional addition of “267” to 263.12 in the Federal Register dated March 18, 2010 (75 FR 12989) http://www.flrules.org/Gateway/reference.asp?No=Ref-00590.

(2) In addition to the requirements of subsection (1), of this rule, no person shall transport a hazardous waste within the state for which either a manifest is required under 40 C.F.R. Part 262 [as adopted in subsection 62-730.160(1), F.A.C.] or a reclamation agreement is entered between a generator and recycler pursuant to 40 CFR 263.20 [as adopted in subsection 62-730.170(1), F.A.C.] unless compliance with the following special requirements have been demonstrated.

(a) No change

(b) Evidence of coverage shall include submittal of an originally signed copy of one or more of the following forms, which are hereby adopted and incorporated by reference. These forms can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm or by contacting the Permitting and Compliance Assistance Hazardous Waste Regulation Section, MS 4500 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

1. through 3. No change

(c) through (i) No change

(3) No change

Rulemaking Authority 403.704, 403.721, 403.724, 403.8055 FS. Law Implemented 403.704, 403.721, 403.724 FS. History–New 11-8-81, Amended 5-31-84, 9-13-84, Formerly 17-30.17, Amended 9-19-86, 3-31-87, 5-26-87, 6-28-88, Formerly 17-30.170, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.170, Amended 1-5-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, 6-17-15, 4-5-16,_____.

 

62-730.171 Transfer Facilities.

(1) through (5) No change

(6) The transfer facility shall maintain a written record of the items listed below. This recordkeeping requirement applies to all hazardous waste that enters and leaves the transfer facility, including hazardous waste generated by very small quantity generators (VSQGs) CESQGs. Records required in this subsection shall be maintained in permanent form for at least three years and shall be available for inspection by the Department. The records shall be kept at the facility unless the Department gives written approval to do otherwise.

(a) Manifest number for each shipment that enters and leaves the facility, or, for a shipment from a VSQG CESQG without a manifest, an identifying number from the shipping document.

(b) No change

(c) The generator’s name and the EPA/DEP identification number. For VSQGs CESQGs without an EPA/DEP identification number, the record shall include the name and address of the generator.

(d) No change

(7) through (8) No change

Rulemaking Authority 403.0877, 403.704, 403.721 FS. Law Implemented 403.0877, 403.704, 403.721 FS. History–New 3-2-86, Amended 6-28-88, Formerly 17-30.171, Amended 8-13-90, 9-10-91, 10-14-92, Formerly 17-730.171, Amended 1-5-95, 1-29-06, 10-28-08, 1-4-09, 4-23-13,_____.

 

62-730.180 Standards Applicable to Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities.

(1) The Department adopts by reference 40 C.F.R. Part 264 revised as of July 1, 2017 http://www.flrules.org/Gateway/reference.asp?No=Ref-09044 2014 http://www.flrules.org/Gateway/reference.asp?No=Ref-04898, including all appendices, with the exceptions described in paragraphs (1)(a) through (c) of this section.

(a) through (c) No change

(2) The Department adopts by reference 40 C.F.R. Part 265 revised as of July 1, 2017 http://www.flrules.org/Gateway/reference.asp?No=Ref-09045 2014 https://www.flrules.org/Gateway/reference.asp?No=Ref-04899, including all appendices, with the exceptions described in paragraphs (2)(a) through (e) of this section.

(a) through (e) No change

(3) through (5) No change

(6) Unless otherwise exempted from corrective action financial assurance requirements pursuant to state or federal law, the owner or operator of a hazardous waste facility shall demonstrate compliance with the financial assurance requirements of 40 C.F.R. Part 264 Subpart H [as adopted by reference in subsection 62-730.180(1), F.A.C.], or 40 C.F.R. Part 265 Subpart H [as adopted by reference in subsection 62-730.180(2), F.A.C.], by using the following forms, which are hereby adopted and incorporated by reference. These forms can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm or by contacting the Permitting and Compliance Assistance Hazardous Waste Regulation Section, MS 4500 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(a) through (r) No change

Rulemaking Authority 403.704, 403.721, 403.724, 403.8055 FS. Law Implemented 403.704, 403.721, 403.724 FS. History–New 5-19-82, Amended 3-4-82, 5-20-82, 7-14-82, 8-30-82, 10-7-82, 11-25-82, 2-3-83, 3-31-83, 5-19-83, 1-5-84, 2-2-84, 11-7-84, 7-5-85, 10-3-85, Formerly 17-30.18, Amended 5-5-86, 9-19-86, 10-31-86, 3-31-87, 4-13-88, 6-28-88, Formerly 17-30.180, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.180, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, 6-17-15,_____.

 

62-730.181 Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities.

(1) The Department adopts by reference 40 C.F.R. Part 266 revised as of July 1, 2017 http://www.flrules.org/Gateway/reference.asp?No=Ref-09046 2012 http://www.flrules.org/Gateway/reference.asp?No=Ref-02189, with the exception of the optional addition of “267” to 266.22, 266.70(d), 266.80(b), 266.101(c)(1), and 266.101(c)(2) in the Federal Register dated March 18, 2010 (75 FR 12989) http://www.flrules.org/Gateway/reference.asp?No=Ref-00590.

(2) No change

Rulemaking Authority 403.704, 403.721, 403.8055 FS. Law Implemented 403.704, 403.721 FS. History–New 7-5-85, Amended 10-3-85, 5-5-86, 4-13-88, Formerly 17-30.181, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.181, Amended 1-5-95, 9-7-95, 2-25-96, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, 4-5-16,_____.

 

62-730.183 Land Disposal Restrictions.

The Department adopts by reference 40 C.F.R. Part 268 revised as of July 1, 2017 http://www.flrules.org/Gateway/reference.asp?No=Ref-09047 2011  http://www.flrules.org/Gateway/reference.asp?No=Ref-01167, and all appendices, with the exception of subsections (1) and (2) of this section.

(1) through (2) No change

Rulemaking Authority 403.704, 403.721, 403.8055 FS. Law Implemented 403.704, 403.721 FS. History–New 1-25-89, Formerly 17-30.183, Amended 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.183, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 6-29-12,_____.

 

62-730.185 Standards for Universal Waste Management.

(1) The Department adopts by reference 40 C.F.R. Part 273 revised as of July 1, 2017 http://www.flrules.org/Gateway/reference.asp?No=Ref-09048 2008.

(2) No change

Rulemaking Authority 403.704, 403.721, 403.8055 FS. Law Implemented 403.061, 403.704, 403.721 FS. History–New 9-7-95, Amended 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09,_____.

 

62-730.186 Universal Pharmaceutical Waste.

(1) The requirements of this section apply to:

(a) No change

(b) Large and small quantity handlers of universal pharmaceutical waste as defined in paragraphs 62-730.186(4)(f) and (l), F.A.C., including persons who handle universal pharmaceutical waste on an infrequent or episodic basis, as well as those who handle such waste routinely or periodically.

(2) through (12) No change

(13) This section constitutes state authorization for reverse distributors and wholesalers to manage hazardous pharmaceutical waste from very small quantity conditionally exempt hazardous waste generators (VSQGs CESQGs) and authorization for VSQGs CESQGs to ensure delivery of their hazardous waste pharmaceuticals to a reverse distributor or wholesaler, pursuant to 40 C.F.R. 262.14(a)(5)(iii) 261.5(f)(3)(iii) and 40 C.F.R. 261.5(g)(3)(iii) [as adopted in subsection 62-730.160(1) 62-730.030(1), F.A.C.] Wholesalers are authorized by this section to manage hazardous pharmaceutical waste only from the VSQGs CESQGs to whom they distributed the pharmaceutical(s) which became waste.

Rulemaking Authority 403.061, 403.151, 403.704, 403.72, 403.721 FS. Law Implemented 120.52, 120.54, 403.061, 403.151, 403.704, 403.72, 403.721 FS. History–New 4-22-07, Amended 1-4-09, 4-23-13,____.

 

62-730.220 Applications for Permits and Other Authorizations.

(1) The Department adopts by reference the following sections of 40 C.F.R. Part 270 revised as of July 1, 2017 http://www.flrules.org/Gateway/reference.asp?No=Ref-09049 2015 http://www.flrules.org/Gateway/reference.asp?No=Ref-06408: 270.1(c) except for the Project XL site-specific regulations in 270.1(c)(2)(ix); 270.2, except for the optional amendments to the definition of “permit” and “Standardized Permit” in the Federal Register dated September 8, 2005 (70 FR 53419); 270.3; 270.4; 270.6; 270.10 except for the optional amendments to 270.10(a) and (h) in the Federal Register dated September 8, 2005 (70 FR 53419); 270.11; 270.12 through 270.28; 270.30; 270.31; 270.32(b)(2); 270.33; 270.51 except for the optional amendments to 270.51(e) in the Federal Register dated September 8, 2005 (70 FR 53419); 270.61; 270.62; 270.65; 270.66; 270.68; 270.72; 270.79 through 270.230; and 270.235. For the optional amendments excepted in this section, the language in effect on September 8, 2005 remains in effect.

(2)(a) Applicants for hazardous waste permits shall use the following forms, which are hereby adopted and incorporated by reference, and shall comply with subsection (7) of this section. These forms can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm or by contacting the Permitting and Compliance Assistance Program Hazardous Waste Regulation Section, MS 4500 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

1. through 3. No change

(b) No change

(3) through (4) No change

(5) 40 C.F.R. 262.14(a)(5)(iii) 261.5(f)(3)(iii) and 40 C.F.R. 261.5(g)(3)(iii)  [as adopted in subsection 62-730.160(1) 62-730.030(1), F.A.C.] provide that waste generated by very conditionally exempt small quantity generators (“VSQG CESQG waste”) must be delivered to certain specified facilities, including a facility “authorized to manage hazardous waste by a State with a hazardous waste management program approved under Part 271 of this chapter.” Florida is such a state. The Department’s authorization to manage VSQG CESQG waste shall include facility-specific operating conditions, including location, generator responsibilities, amount and type of wastes, time limits, and recordkeeping, as appropriate to the request and generator status of the authorized person.

(6) through (11) No change

Rulemaking Authority 403.061, 403.087, 403.704, 403.721, 403.722, 403.8055 FS. Law Implemented 403.151, 403.704, 403.707, 403.721, 403.722, 403.723, 403.727 FS. History–New 7-9-82, Amended 1-5-84, 8-19-84, 7-22-85, Formerly 17-30.22, Amended 9-23-87, 6-28-88, 12-12-88, Formerly 17-30.220, Amended 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.220, Amended 1-5-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, 4-5-16,_____.

 

62-730.265 Clean Closure Plans at Unpermitted Facilities and Subpart H Remedial Action Plans.

(1) through (3) No change

(4) The Department periodically prepares or updates a summary of options for management of environmental media (soil, sediments, groundwater, surface water) that contains hazardous waste. This summary is updated from time to time and is referenced for informational purposes only. Use of the summary is not mandatory. A copy can be obtained by contacting the Permitting and Compliance Assistance Program Hazardous Waste Regulation Section, MS 4500 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399‑2400 or by locating the publication entitled “Management of Contaminated Media Under RCRA” at https://floridadep.gov/waste/permitting-compliance-assistance/content/hazardous-waste-publications http://www.dep.state.fl.us/waste/categories/hazardous/pages/publications.htm.

Rulemaking Authority 403.704, 403.707, 403.721, 403.722 FS. Law Implemented 403.704, 403.707, 403.721, 403.722 FS. History–New 1-29-06,_____.

 

62-730.900 Forms.

Forms are listed here by form number. Copies of all forms can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm or by contacting the Permitting and Compliance Assistance Program Hazardous Waste Regulation Section, MS 4500 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. In order to facilitate the initial submission of a complete application, applicants for hazardous waste permits are encouraged to use the Hazardous Waste Facility Permit Application Instructions, which provide guidance to the forms and assistance in assuring that the application complies with the provisions of 40 C.F.R. Part 270 and this chapter.

(1) through (7) No change

(8) RCRA Subtitle C Site Identification and Hazardous Waste Report  2011 Hazardous Waste Report, _____4-23-13 [Form number 62-730.900(8)], which is adopted and incorporated by reference in subsection 62-730.150(3), F.A.C.

Rulemaking Authority 120.53, 403.061, 403.0611 FS. Law Implemented 120.52, 120.53, 120.55, 403.0611, 403.0875, 403.7234 FS. History–New 11-30-82, Amended 4-1-83, 5-5-83, 8-21-83, 3-1-84, 5-31-84, 9-17-84, 10-29-84, 2-11-85, Formerly 17-1.207(1), (3)-(6), Amended 2-6-86, 4-8-86, 9-23-87, Formerly 17-30.401, Amended 6-28-88, 12-12-88, Formerly 17-30.900, Amended 7-3-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.900, Amended 1-5-95, 10-10-02, 1-29-06, 4-22-07, 10-28-08, 1-4-09, 4-23-13,_____.