The purpose and effect of this proposed rule is to amend rules to increase efficiency and internal consistency by adopting federal regulations by reference, making conforming changes with other state and federal regulations, and making technical ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-737.150Applicability and Exemptions

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

62-737.900Forms

PURPOSE, EFFECT AND SUMMARY: The purpose and effect of this proposed rule is to amend rules to increase efficiency and internal consistency by adopting federal regulations by reference, making conforming changes with other state and federal regulations, and making technical corrections.

RULEMAKING AUTHORITY: 403.061, 403.7186, F.S.

LAW IMPLEMENTED: 403.704, 403.7186, 403.721,

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:

 

62-737.150 Applicability and Exemptions.

(1) No change.

(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 40 C.F.R. 261.24, as adopted by reference under Rule 62-730.030, F.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 40 C.F.R. Part 273 requirements, revised as of July 1, 2017 http://www.flrules.org/Gateway/reference.asp?No=Ref-09048 and adopted here by reference as adopted by reference under Rule 62-730.185, F.A.C.

(3) through (4) No change.

(5) References in 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(2), F.A.C.] to 40 C.F.R. Part 261 [as adopted in subsection 62-730.030(1), F.A.C.] shall mean rules adopted by DEP regarding identification of hazardous wastes; references 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; references 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; references to 40 C.F.R. Part 268 [as adopted in subsection 62-730.183, F.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.

(6) When the same word, phrase, or term is defined in Rule 62-737.200, F.A.C., and 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(2), F.A.C.] and the definitions are not identical, the definitions as given in Rule 62-737.200, F.A.C., shall apply.

(7) Unless specifically indicated otherwise, when used in any such provisions as adopted from 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(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; except substitutions as described in this paragraph shall not be made in 40 C.F.R. 273.32(a)(3) and 273.70.

(8) Any reference to 40 C.F.R. Parts 124 or 270 as adopted by reference in 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(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.

(9) Any reference to the Resource Conservation and Recovery Act of 1976 (RCRA) as adopted by reference in 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(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, 403.7186 FS. Law Implemented 403.7186, 403.721 FS. History–New 5-10-95, Amended 5-20-98,_____.

 

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.] adopted by reference  under Chapter 62-730, F.A.C., and the requirements of this chapter.

(b) No change.

(2) No change.

(3)(a) Registration:

1. No change.

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 1-4-09, 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 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

3. through 6. No change.

(b) No change.

(4) No change.

(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) No change.

(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”. follows:

1. For universal waste lamps, the words “Spent Mercury-Containing Lamps for Recycling”, “Universal Waste Mercury Lamps”, “Waste Mercury Lamps” or “Used Mercury Lamps”; except for those crushed per paragraph (6)(b) below which shall be labeled “Crushed Mercury Lamps”;

2. For universal waste devices, except for thermostats, which shall be labeled per 40 C.F.R. 273.14(d), the words “Spent Mercury-Containing Devices for Recycling”, “Universal Waste Mercury Devices”, “Waste Mercury Devices” or “Used Mercury Devices”;

(6) through (8) No change.

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,_____.

 

62-737.900 Forms.

The following forms are hereby adopted and incorporated by reference. The forms are listed by form number, title, and effective date. The forms can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-737-management-spent-mercury http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-737.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 (14) No change.

Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186, 403.721 FS. History–New 5-10-95, Amended 5-20-98, 1-4-09,_____.