The proposed rule amendments incorporate by reference changes made by the U.S. Environmental Protection Agency (EPA) on July 31, 2013 to the federal hazardous waste regulations. The Florida Department of Environmental Protection (Department) is ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-730.020Definitions

62-730.030Identification of Hazardous Waste

PURPOSE, EFFECT AND SUMMARY: The proposed rule amendments incorporate by reference changes made by the U.S. Environmental Protection Agency (EPA) on July 31, 2013 to the federal hazardous waste regulations. The Florida Department of Environmental Protection (Department) is authorized to administer the state hazardous waste program in lieu of the federal program. The Department incorporates federal rule changes into Chapter 62-730, F.A.C., the state hazardous waste rule in order to maintain consistency with federal requirements.

RULEMAKING AUTHORITY: 403.704, 403.72, 403.721, 403.8055 FS.

LAW IMPLEMENTED: 403.704, 403.72, 403.721 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: Ms. Julie Rainey, Hazardous Waste Program and Permitting, Mail Station 4560, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or [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, 2008, and the amendment to the definition of “New hazardous waste management facility or new facility” in the Federal Register dated March 18, 2010 (75 FR 12989) http://www.flrules.org/Gateway/reference.asp?No=Ref-00590, and the amendment adding definitions for “no free liquids,” “solvent-contaminated wipe,” and “wipe” in the Federal Register dated July 31, 2013 (78 FR 46448) http://www.flrules.org/Gateway/reference.asp?No=Ref-03223, 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) through (6) No 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,_________.

 

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, 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), and the conditional exclusions for solvent-contaminated wipes in 261.4(a)(26) and 261.4(b)(18) as published in the Federal Register dated July 31, 2013 (78 FR 46448) http://www.flrules.org/Gateway/reference.asp?No=Ref-03223, 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) through (4) No change.

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__________.