The purpose and effect of the proposed rule is to amend rules identified in the Department's 2011-2012 Regulatory Plan as needing to be amended to delete unnecessary subsections and to clarify and ensure internal consistency, and to amend rules ...

 

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
62-730.180Standards 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
62-730.186Universal Pharmaceutical Waste
62-730.210Definitions
62-730.220Applications for Permits and Other Authorizations
62-730.225Requirements for Remedial Activities
62-730.226Financial Assurance for Remedial Activities
62-730.240Operation Permits
62-730.250Construction Permits
62-730.290Permit Modification
62-730.291Permit Renewal.
62-730.292Public Notice for Hazardous Waste Permits and Other Authorizations.
62-730.320Emergency Detonation or Thermal Treatment of Certain Hazardous Waste
62-730.900Forms
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend rules identified in the Department's 2011-2012 Regulatory Plan as needing to be amended to delete unnecessary subsections and to clarify and ensure internal consistency, and to amend rules identified by stakeholders for clarification and simplification.
SUMMARY: The proposed rule includes technical corrections to the state hazardous waste regulations in Chapter 62-730, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 120.53, 376.30701, 403.061, 403.0611, 403.087, 403.0877, 403.151, 403.201, 403.704, 403.707, 403.72, 403.721, 403.7211, 403.722, 403.7234, 403.724, 403.7255, 403.727, 403.8055, 403.814 FS.
LAW IMPLEMENTED: 120.52, 120.53, 120.54, 120.55, 376.30701, 403.061, 403.0611, 403.087, 403.0875, 403.0877, 403.088, 403.091, 403.111, 403.151, 403.201, 403.704, 403.7045, 403.707, 403.72, 403.721, 403.7211, 403.722, 403.7222, 403.723, 403.7234, 403.724, 403.726, 403.727, 403.73, 403.783, 403.8055, FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: February 4, 2013, 9:00 a.m.
PLACE: Room 609, Bob Martinez Center, 2600 Blair Stone, Tallahassee, Florida 32399-2400
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Julie Rainey, by telephone [phone], or email at [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Julie Rainey, Department of Environmental Protection, MS 4560, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone], email [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-730.020 Definitions.

(1) through (2) No change.

(3)(a) References to 40 CFR 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 CFR Part 262 [as adopted in subsection 62-730.160(1), F.A.C.] shall mean rules adopted by DEP regarding generators of hazardous wastes; references to 40 CFR Part 263 [as adopted in subsection 62-730.170(1) 62-730.180(1), F.A.C.] shall mean rules adopted by DEP regarding transporters of hazardous wastes; references to 40 CFR 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 DEP regarding treaters, storers, and disposers of hazardous wastes; references to 40 CFR Part 266 [as adopted in subsection 62-730.181(1), F.A.C.] shall mean rules adopted by DEP regarding standards for the management of specific hazardous wastes; references to 40 CFR Part 268 [as adopted in subsection 62-730.183, F.A.C.] shall mean rules adopted by DEP regarding land disposal restrictions; references to 40 CFR Part 273 [as adopted in subsection 62-730.185(1), F.A.C.] shall mean rules adopted by DEP regarding standards for universal waste management; and references to 40 CFR Parts 270 [as adopted in subsection 62-730.220(1), F.A.C.] and 124 [as adopted in subsection 62-730.200(3), F.A.C.] shall mean rules adopted by DEP regarding permitting of hazardous waste facilities or Section 403.722, F.S.

(b) No change.

1. Substitutions as described in paragraph (3)(b) of this section shall not be made in 40 CFR: 124.6(e) 124.(6)(e); 124.10(c)(1)(ii); 260.10; 260.11(a); 261.10; 261.11; Part 261, Appendix IX; Part 262, Subparts E and F; 263.20(g)(4); 264.12(a)(1); 264.1082(c)(4)(ii); 265.12(a)(1); 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) 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,_________.

 

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, 2008 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02191): 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, 260.33; for additional regulation of certain hazardous waste recycling activities on a case-by-case basis, 260.40 and for procedures for case-by-case regulation of hazardous waste recycling activities, 260.41. The language of 40 CFR 260.11 in effect on September 8, 2005 remains in effect. The Department adopts by reference the March 18, 2010 (75 FR 12989) https://www.flrules.org/Gateway/reference.asp?No=Ref-00590 Federal Register which deletes Appendix I of Part 260.

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,________.

 

62-730.030 Identification of Hazardous Waste.

(1) The Department adopts by reference 40 CFR Part 261 revised as of July 1, 2008, and all appendices, the amendments to 40 CFR Part 261 as published in the Federal Register dated December 1, 2008 (73 FR 72912), the corrections as published in the Federal Register dated March 18, 2010 (75 FR 12989) https://www.flrules.org/Gateway/reference.asp?No=Ref-00590, the partial withdrawal of the corrections published in the Federal Register dated June 4, 2010 (75 FR 31716) https://www.flrules.org/Gateway/reference.asp?No=Ref-00591, the amendments to 261.4(a)(16) and 261.38 as published in the Federal Register dated June 15, 2010 (75 FR 33712) https://www.flrules.org/Gateway/reference.asp?No=Ref-00592, and the amendments to 261.33 and 261 Appendix VIII as published in the Federal Register dated December 17, 2010 (75 FR 78918) https://www.flrules.org/Gateway/reference.asp?No=Ref-01165, and the correction to 261.32(a) as published in the Federal Register dated April 13, 2012 (77 FR 22229) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02190), with the exceptions described in paragraphs (1)(a) through (d) of this section. 40 CFR 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 CFR Part 261 is effective in Florida until it is adopted by the Department.

(a) 40 CFR 261.4(b)(16) [Reserved].

(b) Errors to be corrected as follows:

1. In 40 CFR 261.21(a)(3), replace “an ignitable compressed gas as defined in 49 CFR 173.300” with “a flammable gas as defined in 49 CFR 173.115(a).”

2. In 40 CFR 261.21(a)(4) replace “an oxidizer as defined in 49 CFR 173.151” with “an oxidizer as defined in 49 CFR 173.127(a).”

(b)(c) The optional amendments to 40 CFR 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)(c) of this section, the language in effect immediately prior to the effective date of the referenced Federal Registers remains in effect. 40 CFR Part 261 [as adopted in subsection 62-730.030(1), F.A.C.] contains EPA’s rules on the identification and listing of hazardous waste. No delisting is effective until it is adopted by the Department.

(c)(d) The optional addition of “267” to 40 CFR 261.7(a)(1) in the Federal Register dated September 8, 2005 (70 FR 53419) and the optional amendments to 40 CFR 261.3(a)(2)(iv)(A), (B), (D), (F) and (G) in the Federal Register dated October 4, 2005 (70 FR 57769). For the optional amendments in paragraph (1)(c) and (d) of this section, the language in effect on the date of the referenced Federal Registers remains in effect. 40 CFR Part 261 [as adopted in subsection 62-730.030(1), F.A.C.] contains EPA’s rules on the identification and listing of hazardous waste. No delisting is effective until it is adopted by the Department.

(2) 40 CFR 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.

(3) No change.

(4) 40 CFR 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) No change.

(b) With respect to a claim that hazardous waste is exempt from regulation because it was disposed of or generated by one or more CESQGs who meet the requirements of 40 CFR 261.5 [as adopted in subsection 62-730.030(1), F.A.C.] “appropriate documentation” shall mean written records from each applicable CESQG CESOG, detailing the quantities of hazardous waste generated by that CESQG CESOG, 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,_________.

 

62-730.150 General.

(1) No change.

(2)(a) All generators (except generators that are conditionally exempt pursuant to 40 CFR 261.5 [as adopted in subsection 62-730.030(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 _____January 4, 2009, 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 http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm or by contacting the Hazardous Waste Regulation Section, MS 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 “2011 2005 Hazardous Waste Report Form, Form 62-730.900(8), effective date _____ January 29, 2006,” is hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-02085). This form can be obtained on the internet at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm or by contacting the Hazardous Waste Regulation Section, MS 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Rule 62-730.900, F.A.C., contains information on obtaining a copy of this form.

(4) through (5) No change.

(6)(a) The Department has initiated a compliance assistance pilot program (CAPP), addressed to solid and hazardous wastes generated during the act or process of repairing or modifying the mechanical components of automobiles and/or light trucks. For the purpose of this rule, “light truck” means a two-axle vehicle with a gross vehicle weight of 8,500 pounds or less. The purpose of the CAPP is to provide detailed, focused written and electronic informational materials; to collect information on current waste management practices; to optimize the Department’s compliance resources; and to develop performance measures for determining the impact of the innovative technique.

(b) As part of the CAPP, the Department will mail compliance certification packages. Each recipient of the package entitled “Compliance Assistance Pilot Project – Florida’s Compliance Certification Package” from the Department (the recipient), shall, on or before the date which is 45 days after receipt of the package, follow the instructions included in the package. The instructions include how to complete and submit the appropriate DEP forms.

(c) The recipient shall complete Form 62-730.900(7)(b), CAPP Compliance Certification Form, effective date October 10, 2002, which is hereby adopted and incorporated by reference, if the recipient:

1. Owns or operates an automotive repair shop (a shop) in the Department’s Northeast District or Northwest District; and

2. The shop engages in the repair or modification of light truck or automobile engines, brakes, mufflers, or transmissions/ transmission axles, unless the shop is excluded in paragraph 62-730.150(6)(d), F.A.C. Rule 62-730.900, F.A.C., contains information on obtaining a copy of this form.

(d) The recipient is excluded if, at the same location, the shop:

1. Has or is part of a gasoline station, truck stop, automotive auction facility, salvage dealership, new car or light truck dealership, used car or light truck dealership, motorcycle dealership, or recreational vehicle (RV) dealership; or

2. Has a paint spray booth; or

3. Is engaged only in one or more of the following: car wash, diagnostic services, lube/oil change, mobile repair, electric systems repairs, glass/window repairs, or exhaust system repair.

(e) Only one CAPP Compliance Certification Form is required for each shop that meets the criteria of paragraph 62-730.150(6)(c), F.A.C. The CAPP Compliance Certification Form must be signed by a responsible official, which means one of the following:

1. The shop owner, if the shop is owned by a sole proprietorship; or

2. A general partner, if the shop is owned by a partnership; or

3. A corporate officer, if the shop is owned by a corporation; or

4. The most senior manager of the shop, if the shop is owned by a corporation or a governmental agency and the senior manager is authorized by corporate vote or by terms of employment to act on behalf of the owner with respect to regulatory matters.

(f) Any recipient that is excluded under paragraph 62-730.150(6)(d), F.A.C., need only submit Form 62-730.900(7)(a), CAPP Exclusion Statement, effective date October 10, 2002, which is hereby adopted and incorporated by reference. However, recipients who are excluded are encouraged to also complete and submit a CAPP Compliance Certification Form. Rule 62-730.900, F.A.C., contains information on obtaining a copy of these forms.

(g) If the CAPP Compliance Certification Form indicates any non-compliance items, the recipient must concurrently submit Form 62-730.900(7)(c), CAPP Return-to-Compliance Plan, effective date October 10, 2002, which is hereby adopted and incorporated by reference. Rule 62-730.900, F.A.C., contains information on obtaining a copy of this form. The CAPP Return-to-Compliance Plan shall:

1. Indicate the requirement in violation;

2. Indicate what will be done to return to compliance; and

3. Indicate the date by which compliance will be achieved.

(h) The CAPP Compliance Certification Form must include the following statements: “I [name of responsible official] on behalf of [name of automotive repair shop] certify that I am familiar with the information contained in this submittal, including any and all documents accompanying this form. Based on my inquiry of those individuals responsible for obtaining the information, the information is to the best of my knowledge true, complete and accurate on the date that I sign. Systems to maintain compliance are in place at this automotive repair shop, and will be maintained even if processes or operating procedures change. If any non-compliance items were identified in the compliance certification process, this automotive repair shop will return to compliance in accordance with the plan proposed in the attached CAPP Return-to-Compliance Plan. I realize that other federal, state or local environmental laws, including more stringent county and municipal requirements, may apply to my shop, and I acknowledge that my shop must comply with all environmental laws even if they are not included in this form. I am fully authorized to make this certification on behalf of this shop, and I am aware that under Florida law there are significant penalties (e.g. fines up to $50,000 per day) for knowingly submitting any false statement, representation, or certification.”

(6)(7) 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,_________.

 

62-730.160 Standards Applicable to Generators of Hazardous Waste.

(1) through (2) No change.

(3) References in 40 CFR 262.34(f) [as adopted in subsection 62-730.160(1), F.A.C.] to on-site accumulation of hazardous waste for up to 270 days by generators of greater than 100 kg but less than 1000 kg of hazardous waste in a calendar month shall not apply. Such waste may only be accumulated on-site for 180 days or less without a permit.

(3)(4) No change.

(4)(5) Generators of 1000 kilograms or greater of hazardous waste in a calendar month shall submit biennial reports required by 40 CFR 262.41 [as adopted in subsection 62-730.160(1), F.A.C.] to the Department on Form 62-730.900(8) (“2011 2005 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.

(5)(6) Generators of hazardous waste who accumulate hazardous waste on-site under 40 CFR 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.]. 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, notation of the observations made, and the date and nature of any repairs or other remedial actions.

(6)(7) No change.

Rulekaking 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,_________.

 

62-730.161 Emergency Identification Numbers.

(1) 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 _____January 5, 1995, 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  http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm or by contacting the Hazardous Waste Regulation Section, MS 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 Rule 62-730.900, F.A.C., contains information on obtaining a copy of this form; and

(b) No change.

(3) through (5) No change.

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,_________.

 

62-730.170 Standards Applicable to Transporters of Hazardous Waste.

(1) No change.

(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 CFR 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.

1. Evidence of casualty/liability insurance on a claim or an occurrence basis with or without a deductible. With the deductible the Insurer is liable for the payment of amounts within any deductible applicable to the policy, with a right of reimbursement by the insured for any such payment made by the Insurer. Each insurance policy must be evidenced by a certificate of liability insurance or amended by attachment of an endorsement.

2. 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 http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm or by contacting the Hazardous Waste Regulation Section, MS 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

1. Hazardous Waste Transporter Certificate of Liability Insurance Hazardous Waste Transporter and Used Oil Handler, Form 62-730.900(5)(a), effective date _____January 29, 2006 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02081).

2. Hazardous Waste Transporter Liability Endorsement, Form 62-730.900(5)(b), effective date_____ January 29, 2006 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02083).

3. Hazardous Waste Transporter Liability Surety Bond, Form 62-730.900(5)(c), effective date_____ January 29, 2006 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02084).

Rule 62-730.900, F.A.C., contains information on obtaining a copy of these forms.

(c) through (d) No change.

(e) Transporters of hazardous waste that also register as used oil handlers shall submit evidence of casualty/liability insurance in accordance with the requirements of paragraphs 62-730.170(2)(a) and (b) of this subsection and a complete and accurate Form 62-730.900(1)(b) [adopted by reference in paragraph 62-730.150(2)(a), F.A.C.] with their annual used oil registration [in accordance with 62-710.500 and 62-730.600, F.A.C., as applicable] by March 1 of each year. Upon receipt of complete and accurate documents required by this paragraph, the Department shall include in the registration, authorization to transport hazardous waste which shall be valid until June 30 of the following year. If the registration is not renewed by June 30 of the following year because the Department has not received complete and accurate documents for renewal, the transporter will no longer be authorized to transport hazardous waste in Florida.

1. Currently valid hazardous waste transporter certificates, for transporters that are also registered as used oil handlers, that expire after the effective date of this rule, but before June 30, 2013, shall remain valid until June 30, 2013 if the transporter maintains casualty/liability coverage for the extended period. The Department shall issue a letter to the transporter stating that the certificate of approval is valid until June 30, 2013 as long as the transporter maintains casualty/liability insurance coverage for the extended period.

2. Initial notification to transport hazardous waste may be submitted by a registered used oil handler at any time, and providing the casuality/liability insurance has not changed and is still current, the Department shall revise the transporter’s used oil registration to include authorization to transport hazardous waste.

(e)The transporter shall annually submit to the Department two originally signed Transporter Status Forms, Form 62-730.900(5)(d), effective date January 5, 1995, which is hereby adopted and incorporated by reference. Rule 62-730.900, F.A.C., contains information on obtaining a copy of this form. The Department shall complete the approval part of the form and return one of the originally signed forms to the transporter after verifying that the transporter is complying with the financial responsibility requirements of this section. A copy of this form complete with the Department approval shall be carried in each vehicle transporting hazardous waste for the transporter. This approval is non-transferable and non-assignable.

(f) Transporters of hazardous waste that do not register as used oil handlers shall submit evidence of casualty/liability insurance in accordance with the requirements of paragraphs 62-730.170(2)(a) and (b) of this subsection and a complete and accurate Form 62-730.900(1)(b) [adopted by reference in paragraph 62-730.150(2)(a), F.A.C.] by September 1 of each year. Upon receipt of complete and accurate documents required by this paragraph, the Department shall issue to each transporter authorization to transport hazardous waste which shall be valid until November 30 of the following year. If the authorization is not renewed by November 30 of the following year because the Department has not received complete and accurate documents for renewal, the transporter will no longer be authorized to transport hazardous waste in Florida.

1.Currently valid hazardous waste transporter certificates of approval, for transporters that are not registered as used oil handlers, that expire after the effective date of this rule, but before November 30, 2013, shall remain valid until November 30, 2013 if the transporter maintains casualty/liability coverage for the extended period. The Department shall issue a letter to the transporter stating that the certificate of approval is valid until November 30, 2013 as long as the transporter maintains casualty/liability insurance coverage for the extended period.

2. Initial notification to transport hazardous waste may be submitted at any time along with evidence of casualty/liability insurance, and providing the requirements of this paragraph are met, the Department shall issue authorization to transport hazardous waste that is valid through November 30 of the following year.

(g) Each registered transporter shall maintain a copy of the authorization to transport hazardous waste in any vehicle transporting hazardous waste.

(f) through (g) renumbered (h) 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,_________.

 

62-730.171 Transfer Facilities.

(1) No change.

(2)(a) The transporter who is owner or operator of a transfer facility which stores manifested shipments of hazardous waste for more than 24 hours but 10 days or less (hereinafter referred to as “the transfer facility”) shall obtain an EPA/DEP identification number for each transfer facility location and notify the Department using Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity,” effective date _____January 4, 2009 [adopted by reference in paragraph 62-730.150(2)(a), F.A.C.].

(b) No change.

(c) The initial notification shall include the information and documentation required by subsection 62-730.171(3), F.A.C.

(d) The transfer facility shall re-notify annually by submitting submit updated information on Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity,” effective date _____January 4, 2009, which is adopted and incorporated by reference at paragraph 62-730.150(2)(a), F.A.C., and evidence of the transporter’s financial responsibility as required under subsection 62-730.170(3), F.A.C. Any changes in the transfer facility’s operations or information as reported on the last annual notification shall be reported on this form in the next annual re-notification.

(3)(a) The following items constitute initial transfer facility notification:

1. No change.

2. Completed Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity,” effective date _____January 4, 2009, which is adopted and incorporated by reference at paragraph 62-730.150(2)(a), F.A.C.

3. through 7. No change.

(b) through (c) No change.

(4) 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,_________.

 

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

(1) No change.

(2) The Department adopts by reference 40 CFR Part 265 revised as of July 1, 2010 https://www.flrules.org/Gateway/reference.asp?No=Ref-00604, including all appendices, with the exceptions described in paragraphs (2)(a) through (e) of this section.

(a) through (d) No change.

(e) The amendments to 40 CFR 265.141(h) and 265.147 in the Federal Register dated September 1, 1988 (53 FR 33938), to 40 CFR 265.143(e)(10) and 265.145(e)(11) in the Federal Register dated September 16, 1992 (57 FR 42832), and to 40 CFR 265.112(c) and 265.118(d) in the Federal Register dated September 28, 1988 (53 FR 37912).

For the optional amendments in paragraph (e) above, the language in effect immediately prior to the effective date of the referenced Federal Registers remains in effect.

(3) No change.

(4) Owners and operators of hazardous waste treatment, storage and disposal facilities shall submit biennial reports required by 40 CFR 264.75 [as adopted by reference in subsection 62-730.180(1), F.A.C.], and 265.75 [as adopted by reference in subsection 62-730.180(2), F.A.C.], to the Department on Form 62-730.900(8) (“2005 Hazardous Waste Report Form”) 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.

(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 CFR Part 264 Subpart H [as adopted by reference in subsection 62-730.180(1), F.A.C.], or 40 CFR 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 http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm or by contacting the Hazardous Waste Regulation Section, MS 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(a) Hazardous Waste Facility Letter from Chief Financial Officer to Demonstrate Financial Assurance for Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(a), effective date _____January 5, 1995 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02079).

(b) Hazardous Waste Facility Letter from Chief Financial Officer to Demonstrate Financial Responsibility for Liability, Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(b), effective date _____January 5, 1995 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02080).

(c) through (r) No change.

Rule 62-730.900, F.A.C., contains information on obtaining copies of these forms.

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,_________.

 

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 CFR Part 266 revised as of July 1, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02189) July 1, 2010 https://www.flrules.org/Gateway/reference.asp?No=Ref-00605.

(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,_________.

 

62-730.186 Universal Pharmaceutical Waste.

(1) No change.

(a) “Hazardous waste pharmaceuticals” [(as defined in paragraph 62-730.186(4)(e), F.A.C.]) while they are managed in Florida; and

(b) No change.

(2) No change.

(3) Hazardous waste pharmaceuticals are considered to be universal waste, referred to hereinafter as “universal pharmaceutical waste,” in Florida when managed in accordance with this section. Hazardous waste pharmaceuticals not managed as universal waste in accordance with this section shall be managed in accordance with Chapter 62-730, F.A.C., and shall be disposed of at a permitted hazardous waste treatment, storage or disposal facility.

(4) Definitions. As used in this section:

(a) through (d) No change.

(e) “Hazardous waste pharmaceutical” means a “non-viable” “pharmaceutical” [as defined in paragraphs 62-730.186(4)(i) and 62-730.186(4)(h), F.A.C., respectively] that exhibits a characteristic as described in 40 CFR Part 261, Subpart C or is listed hazardous waste pursuant to 40 CFR Part 261, Subpart D. If the waste formulation includes a commercial chemical product listed in Subpart D as the sole active ingredient, then the entire formulation is considered a hazardous waste pharmaceutical, unless excluded by 40 CFR 261.3(g). A pharmaceutical becomes a waste when it is no longer “viable” [(as defined in paragraph 62-730.186(4)(n), F.A.C.]); when a decision is made to discard the pharmaceutical; or when the pharmaceutical is abandoned as described in 40 CFR 261.2(b). A pharmaceutical does not meet the definition of a “solid waste” under 40 CFR 261.2 and is considered product as long as it is viable, a decision to discard it has not been made, and it is not abandoned as described in 40 CFR 261.2(b). Pharmaceuticals that are produced by a pharmaceutical manufacturer without reasonable expectation of sale, returned or delivered without a reasonable expectation of credit to a manufacturer, wholesaler, reverse distributor or any type of waste broker, are non-viable and are discarded. Once a decision has been made to discard a viable pharmaceutical, it becomes non-viable. Non-viable pharmaceuticals that are hazardous waste may be handled as universal waste under this rule. 40 CFR Part 261 and all sections thereof as cited in this paragraph have been adopted by reference as state regulations in subsection 62-730.030(1), F.A.C.

(f) “Large quantity handler of universal pharmaceutical waste” means a “universal waste handler” [as defined in 40 CFR 273.9 (as adopted in subsection 62-730.185(1), F.A.C.)] that, at any time:

1. Accumulates 5,000 kilograms or more total of universal waste (batteries, pesticides, thermostats, lamps, or pharmaceuticals, calculated collectively) which includes some amount of universal pharmaceutical waste, or

2. No change.

(g) through (j) No change.

(k) “Reverse distributor” means a person engaged in the reverse distribution of prescription drugs who:

1. Operates a warehouse licensed by the Florida Department of Business and Professional Regulation Health, Bureau of Statewide Pharmaceutical Services under Chapter 499, F.S., as a reverse distributor; and

2. No change.

(l) “Small quantity handler of universal waste” means a “universal waste handler” [as defined in 40 CFR 273.9 (as adopted in subsection 62-730.185(1), F.A.C.)] that does not:

1. Accumulate 5,000 kilograms or more total of universal waste (batteries, pesticides, thermostats, lamps or pharmaceuticals, calculated collectively) which includes some amount of universal pharmaceutical waste; or

2. No change.

(m) through (o) No change.

(5) No change.

(6) A handler, except for generators that are small quantity handlers of universal pharmaceutical waste, or a transporter of universal pharmaceutical waste shall notify the Department in writing and receive an EPA Identification Number before accumulating universal pharmaceutical waste, or offering such waste for transport, or transporting such waste, and shall use Form 62-730.900(1)(b), “8700-12FL, Florida Notification of Regulated Waste Activity,” effective date _____January 4, 2009 [as adopted by reference in paragraph 62-730.150(2)(a), F.A.C.] to do so. A handler or transporter of hazardous waste that has already notified the Department of its hazardous waste management activities and obtained an EPA Identification Number is not required to renotify under this section. 

(7) A handler shall implement proper universal pharmaceutical waste management activities that include the following:

(a) No change.

(b) A handler shall clearly label those containers and tanks accumulating waste pharmaceuticals with the phrase “universal pharmaceutical waste” or “universal waste pharmaceuticals,” and keep records of what is going into each container sufficient to allow safe handling and proper disposal of the universal pharmaceutical waste with specific hazardous waste codes applicable to the universal pharmaceutical waste that is or may be placed in the container or tank.

(c) through (e) No change.

(8) The following are accumulation time limits and verification practices for handlers of universal pharmaceutical waste:

(a) A small quantity handler of universal waste may accumulate universal pharmaceutical waste for no longer than one year from the date the universal pharmaceutical waste was generated, unless the requirements of paragraph 62-730.186(8)(c), F.A.C., are met.

(b) A large quantity handler of universal waste may accumulate universal pharmaceutical waste for no longer than 6 months from the date the universal pharmaceutical wastes are generated, unless the requirements of paragraph 62-730.186(8)(c), F.A.C., are met.

(c) through (d) No change.

(9) through (10) no change.

(11) Off-site shipments of universal pharmaceutical waste shall meet the following requirements:

(a) A handler is prohibited from sending or taking universal pharmaceutical waste to a place other than to a handler or a reverse distributor who has notified the department pursuant to subsection 62-730.186(6), F.A.C.; a destination facility as defined in 40 CFR 273.9 [as adopted in subsection 62-730.185(1), F.A.C.]; or a foreign destination in accordance with the requirements of paragraph 62-730.186(11)(k)(11)(j), F.A.C.

(b) A reverse distributor is prohibited from taking or sending universal pharmaceutical waste to a place other than a destination facility that is permitted pursuant to 40 CFR Parts 264 [as adopted in subsection 62-730.180(1), F.A.C.] and 270 [as adopted in subsection 62-730.220(1), F.A.C.] for treatment, storage or disposal of hazardous waste, or a foreign destination in accordance with the requirements of paragraph 62-730.186(11)(k)(11)(j), F.A.C.

(c) through (j) No change.

(k)1. No change.

2. A handler who sends universal pharmaceutical waste to a foreign destination other than those listed in subparagraph 62-730.186(11)(k)1.(11)(j)1., F.A.C., must:

a. through c. No change.

(l) No change.

(12) through (13) No change.

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,_________.

 

62-730.210 Definitions.

(1) No change.

(2) In addition, as used in this part:

(a) through (i) No change.

(j) “Part I” means the section of the permit application submitted on the DEP form adopted in paragraph 62-730.220(2)(a) 62-730.900(2)(a), F.A.C.

(k) through (o) No change.

(p) “Temporary operation permit” (TOP) means the legal authorization, limited to a maximum of 3 years, granted by the Department to operate a hazardous waste facility in accordance with Section 403.722, F.S., and Rule 62-730.231, F.A.C.

Rulemaking Authority 376.30701, 403.704, 403.722 FS. Law Implemented 376.30701, 403.704, 403.722 FS. History–New 7-9-82, Amended 1-5-84, Formerly 17-30.21, Amended 9-23-87, Formerly 17-30.210, Amended 9-10-91, Formerly 17-730.210, Amended 1-29-06, 11-29-06,_________.

 

62-730.220 Applications for Permits and Other Authorizations.

(1) No change.

(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 http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm or by contacting the Hazardous Waste Regulation Section, MS 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

1. Part 1 – General, Form 62-730.900(2)(a), effective date _____ (http://www.flrules.org/Gateway/reference.asp?No=Ref-02075) January 29, 2006.

2. Well Construction Summary Report, Form 62-730.900(2)(b), effective date January 29, 2006.

2.3. Information Regarding Potential Releases from Solid Waste Management Units, Form 62-730.900(2)(c), effective date _____ (http://www.flrules.org/Gateway/reference.asp?No=Ref-02076) January 29, 2006.

3.4. Certification, Form 62-730.900(2)(d), effective date _____ (http://www.flrules.org/Gateway/reference.asp?No=Ref-02077) January 29, 2006. Rule 62-730.900, F.A.C., contains information on obtaining copies of these forms.

(b) No change.

(3) through (10) No change.

(11) All applications for hazardous waste authorizations, other than permits, shall include all the information required by this part and by Forms 62-730.900(2)(a), (c), and through (d) as adopted in paragraph 62-730.220(2)(a), F.A.C. All applications for hazardous waste authorizations that include elements of a Part II permit application shall be submitted in the same format as the instructions provided by the Department. For example, the Closure Plan shall be in “Part II. K” of the application. All applications should be submitted in a standard 3-ring or D-ring binder. Provide a header with the revision number, date and page number on each page of the application. Applications (or revised pages to applications) shall include an index page which indicates all the items being certified by a professional engineer.

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,__________.

 

62-730.225 Requirements for Remedial Activities.

(1) Risk based corrective actions authorized in Section 376.30701, F.S., and cleanup target levels (CTLs) and rules promulgated thereunder in Chapters 62-777 and 62-780, F.A.C., shall apply to remedial activities at hazardous waste facilities, with the following clarifications:

(a) through (b) No change.

(c) A complete Well Construction Summary Report shall be submitted on Form 62-730.900(2)(b), for each piezometer, groundwater monitoring and recovery well installed as part of remedial activities.

(d) No change.

(2) No change.

(3)(a) The quality assurance provisions of Chapter 62-160, F.A.C., shall apply to remedial activities at hazardous waste facilities. In addition, a sampling and analysis plan (SAP) is required for sampling and analysis at facilities with, or seeking, a hazardous waste permit or other authorization for remedial activities.

(b) The SAP shall contain the following elements:

1. A table showing the proposed constituents, matrices, analytical methods and sampling frequency for the project.

2. A table showing the proposed purging and sampling equipment.

3. A description of proposed management of investigation-derived wastes (IDW) including a statement that IDW that contains hazardous waste will be managed in accordance with Department regulations.

4. A statement that the sampling crew will follow the Department’s most recent Standard Operating Procedures (SOPs) or other sampling program approved pursuant to Chapter 62-160, F.A.C. (as effective 6-8-04 or later).

5. A statement that the laboratory used will be accredited by the National Environmental Laboratory Accreditation Program (NELAP) and certified by the Florida Department of Health.

(c) One SAP shall be submitted and amended as appropriate for all sampling and analytical work at a facility. The owner or operator may elect to submit multiple SAPs if different sampling and analytical entities are involved, or the SAP may be a component of another submittal.

(d) Amendments or changes to SAPs shall be submitted if the scope of work is substantially altered or if any of the following circumstances occur:

1. New analytical methods, sampling or other field procedures, or instruments or equipment are added;

2. The sampling or analysis contractor is changed; or

3. Other changes are made as may reasonably be expected to affect the data quality objectives of the project.

(e) If the Department requests amendments to the SAP as specified in paragraph (3)(d) of this section, written amendments shall be submitted within 14 days of receipt of the Department’s request. If the owner or operator proposes amendments to the SAP, a new or amended SAP shall be submitted within 14 days of the change.

(4) Owners or operators of sites suspected or confirmed to be contaminated with hazardous waste as defined in Section 403.703(21), F.S., and where a risk of exposure to the public may exist, shall place and maintain warning signs. Unless different conditions are approved by the Department in a site-specific authorization, the signs shall be as described in this subsection.

(a) Warning signs shall be at least 2 feet by 2 feet, made of durable weather resistant material, with a lettering in a color that highly contrasts with the background. All lettering must be at least 1 inch high.

(b) Warning signs shall be unobstructed and be mounted in such a manner that the center of the sign is approximately 56 inches above ground surface and is capable of being seen from at least 75 feet away from all access locations.

(c) Warning sign text shall warn of danger, prohibit the entry of unauthorized persons, convey other information appropriate to site conditions, and include a telephone number to call for more information.

Rulemaking Authority 376.30701, 403.061, 403.704, 403.707, 403.72, 403.721, 403.722, 403.7255 FS. Law Implemented 376.30701, 403.087, 403.088, 403.704, 403.707, 403.72, 403.721, 403.722, 403.783 FS. History–New 1-29-06, Amended 11-29-06,_________.

 

62-730.226 Financial Assurance for Remedial Activities.

(1) through (4) No change.

(5) The owner or operator of a facility required to undertake remedial activities shall:

(a) No change.

(b) Submit the appropriate forms adopted in subsection 62-730.180(6), F.A.C. paragraphs 62-730.900(4)(a), (b), (c), (e), (f), (g), (h), (i), and (j), F.A.C. Photocopies of Department supplied forms are acceptable. Retyped forms are not acceptable and will be returned.

(c) No change.

(6) through (8) No change.

Rulemaking Authority 403.201, 403.704, 403.721, 403.724 FS. Law Implemented 403.201, 403.704, 403.721, 403.724 FS. History–Formerly 62-730.180(6), Amended 1-29-06,_________.

 

62-730.240 Operation Permits.

(1) No person shall begin operation of a hazardous waste facility without applying for and receiving an operation permit from the Department. Application for operation permits shall be made on DEP Forms 62-730.900(2)(a), (c), and (d) through (2)(d) as adopted in paragraph 62-730.220(2)(a), F.A.C.

(2) through (7) No change.

Rulemaking Authority 403.087, 403.704, 403.707, 403.721, 403.722 FS. Law Implemented 403.704, 403.707, 403.721, 403.722 FS. History–New 7-9-82, Formerly 17-30.24, Amended 9-23-87, Formerly 17-30.240, Amended 9-10-91, 10-14-92, Formerly 17-730.240, Amended 1-29-06,__________.

 

62-730.250 Construction Permits.

(1) through (4) No change.

(5) No major modification to a facility, which includes the construction or expansion of hazardous waste management units, shall be undertaken without application for and receipt of a construction permit. Modifications which do not require a construction permit may require a permit modification under Rule 62-730.290, F.A.C. No construction permit shall be required for changes made solely for the purpose of complying with the requirements of 40 CFR 265.193 [as adopted in subsection 62-730.180(2), F.A.C.]

(6) No change.

Rulemaking Authority 403.087, 403.704, 403.707, 403.721, 403.722 FS. Law Implemented 403.704, 403.707, 403.721, 403.722 FS. History–New 7-9-82, Formerly 17-30.25, Amended 9-23-87, 12-12-88, Formerly 17-30.250, Amended 7-3-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.250, Amended 1-5-95, 1-29-06,_________.

 

62-730.290 Modification and Transfer of Permits and Other Authorizations.

(1) through (3) No change.

(4) Modifications to permits or other authorizations which are Class 2 and Class 3 modifications as set forth in 40 CFR 270.42 [as adopted in subsection 62-730.220(1), F.A.C.], including construction or expansion of hazardous waste management units, shall be accompanied by a public notice as required in Rule 62-730.292, F.A.C. Modifications which are Class 1 modifications as set forth in 40 CFR 270.42, are minor modifications and may be made without public notice.

(5) No change.

(6)(a) No change.

(b) With respect to permits, the applicant shall comply with Section 403.722(13), F.S., and the application shall include:

1. through 2. No change.

3. A completed application for a Hazardous Waste Facility Permit Part I, Form 62-730.900(2)(a) as adopted in paragraph 62-730.220(2)(a), F.A.C.

4. A completed application for a Hazardous Waste Facility Permit Certification, Form 62-730.900(2)(d) as adopted in paragraph 62-730.220(2)(a), F.A.C.

(c) No change.

Rulemaking Authority 403.087, 403.704, 403.722 FS. Law Implemented 403.087, 403.704, 403.722 FS. History–New 7-9-82, Amended 10-25-84, Formerly 17-30.29, Amended 9-23-87, Formerly 17-30.290, Amended 7-3-89, 9-10-91, 10-7-93, Formerly 17-730.290, Amended 1-29-06,_________.

 

62-730.291 Permit Renewal.

(1) No change.

(2) The application requirements for renewal of a permit are as follows:

(a) Owners or operators of facilities where there are changes to the facility plan or its operation (including closure) or remedial activities, or there are regulatory changes that effect its operation (including closure) or remedial activities, shall submit a letter describing the changes, all attachments necessary to completely describe the change, a completed Application for a Hazardous Waste Facility Permit Certification, Form 62-730.900(2)(d) as adopted in paragraph 62-730.220(2)(a), F.A.C., and the permit renewal fee.

(b) Owners or operators of facilities which have operated or are conducting remedial activities (including closure) under the existing permit without any facility or regulatory changes shall submit a letter stating that there are no changes to the application filed in support of the existing permit, a completed Application for a Hazardous Waste Facility Permit Certification, Form 62-730.900(2)(d) as adopted in paragraph 62-730.220(2)(a), F.A.C., and the permit renewal fee.

Rulemaking Authority 403.704, 403.722 FS. Law Implemented 403.704, 403.722 FS. History–New 7-1-82, Formerly 17-30.30, Amended 9-23-87, 6-28-88, Formerly 17-30.300, Amended 8-13-90, 10-14-92, 10-7-93, Formerly 17-730.300, Amended 1-5-95, Formerly 62-730.300, Amended 1-29-06,_________.

 

62-730.292 Public Notice for Hazardous Waste Permits and Other Authorizations.

(1) through (4) No change.

(5) The notice for any hazardous waste permit or other hazardous waste authorization (except a variance and a clean closure determination) shall provide a 45-day period during which any person may comment on the Department’s action or request an informal public meeting and a substantially affected party may request a hearing pursuant to Sections 120.569 and 120.57, F.S. The notice period for a variance pursuant to 40 CFR 260.31, 260.32 and 260.33 [as adopted in subsection 62-730.021, F.A.C.] shall be 30 days. The notice period for any other hazardous waste variance shall be 15 days. The notice period for a clean closure determination shall be 21 days. Each The notice shall contain instructions on how to examine a copy of the agency action and how members of the public can avail themselves of these rights and opportunities.

(6) through (7) No change.

Rulemaking Authority 403.061, 403.087, 403.704, 403.721, 403.722 FS. Law Implemented 403.151, 403.704, 403.707, 403.721, 403.722 FS. History– New 1-29-06, Amended________.

 

62-730.320 Emergency Detonation or Thermal Treatment of Certain Hazardous Waste.

(1) through (7) No change.

(8) If an EME Response is clearly not necessary to address the situation and a response can be delayed without compromising safety or increasing the risk posed to life, property, health, or the environment, the person having initial custody of the explosives or munitions shall fulfill the requirements of 40 CFR 270.61 [as adopted in subsection 62-730.220(1), F.A.C.] by providing oral or written notice to the Department and obtaining oral or written authorization from the Department prior to implementing a course of action. If the authorization is oral, it must be followed within five days by a written order. The following provisions apply to authorization under this subsection:

(a) through (d) No change.

(e) Written orders shall be accompanied by the publication of public notice within 45 days. This may be accomplished by the person having initial custody of the waste or by the Department.

(f) No change.

(9) No change.

Rulemaking Authority 403.704, 403.721 FS. Law Implemented 403.061, 403.704, 403.721, 403.726 FS. History–New 9-30-85, Formerly 17-30.32, 17-30.320, 17-730.320, Amended 1-5-95, 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 http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm http://www.dep.state.fl.us/waste/ quick_topics/forms/pages/62-730.htm or by contacting the Hazardous Waste Regulation Section, MS 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 CFR Part 270 and this chapter.

(1) Notification Forms.

(a) No change.

(b) 8700-12FL – Florida Notification of Regulated Waste Activity, _____January 4, 2009. [Form number 62-730.900(1)(b)], which is adopted and incorporated by reference in paragraph 62-730.150(2)(a), F.A.C.

(2) Application for a Hazardous Waste Facility Permit Forms, which is adopted and incorporated by reference in paragraph 62-730.220(2)(a), F.A.C.

(a) Part I – General, _____January 29, 1996. [Form number 62-730.900(2)(a)]

(b) [reserved] Well Construction Summary Report, January 29, 2006. [Form number 62-730.900(2)(b)]

(c) Information Regarding Potential Releases from Solid Waste Management Units, _____January 29, 2006. [Form number 62-730.900(2)(c)]

(d) Certification, _____January 29, 2006. [Form number 62-730.900(2)(d)]

(3) Application for a Hazardous Waste Emergency EPA/DEP Identification Number, _____January 5, 1995. [Form number 62-730.900(3)], which is adopted and incorporated by reference in paragraph 62-730.161(2)(a), F.A.C.

(4) Hazardous Waste Financial Responsibility Forms, which are adopted and incorporated by reference in subsection 62-730.180(6), F.A.C.

(a) Hazardous Waste Facility Letter from Chief Financial Officer to Demonstrate Financial Assurance, _____January 5, 1995. [Form number 62-730.900(4)(a)].

(b) Hazardous Waste Facility Letter from Chief Financial Officer to Demonstrate Financial Responsibility, _____January 5, 1995. [Form number 62-730.900(4)(b)].

(c) through (r) No change.

(5) Hazardous Waste Transporter Financial Responsibility Forms, which are adopted and incorporated by reference in subsection 62-730.170(2), F.A.C.

(a) Hazardous Waste Transporter Certificate of Liability Insurance Hazardous Waste Transporter and Used Oil Handler, _____January 29, 2006. [Form number 62-730.900(5)(a)]

(b) Hazardous Waste Transporter Liability Endorsement, _____January 29, 2006. [Form number 62-730.900(5)(b)]

(c) Hazardous Waste Transporter Liability Surety Bond, _____January 29, 2006. [Form number 62-730.900(5)(c)]

(d) Hazardous Waste Transporter Status Form, January 5, 1995. [Form number 62-730.900(5)(d)]

(6) [reserved]

(7) [reserved]

(7) Compliance Assistance Pilot Project – Florida’s Compliance Certification Package.

(a) CAPP Exclusion Statement, October 10, 2002. [Form number 62-730.900(7)(a)]

(b) CAPP Compliance Certification Form, October 10, 2002. [Form number 62-730.900(7)(b)]

(c) CAPP Return-to-Compliance Plan, October 10, 2002. [Form number 62-730.900(7)(c)]

(8) 2011 2005 Hazardous Waste Report Form, ______January 29, 2006 [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,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Tim J. Bahr, Environmental Administrator
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 20, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 22, 2012