The proposed rule amendments incorporate by reference changes made by the U.S. Environmental Protection Agency (EPA) between July 1, 2013, and June 30, 2014, to the federal hazardous waste regulations. The Florida Department of Environmental ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-730.020Definitions

62-730.030Identification of Hazardous Waste

62-730.160Standards Applicable to Generators of Hazardous Waste

62-730.170Standards Applicable to Transporters of Hazardous Waste

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

PURPOSE, EFFECT AND SUMMARY: The proposed rule amendments incorporate by reference changes made by the U.S. Environmental Protection Agency (EPA) between July 1, 2013, and June 30, 2014, to the federal hazardous waste regulations. The Florida Department of Environmental Protection (DEP) is authorized by EPA to administer the state hazardous waste program in lieu of the federal program. As a result, at least once a year DEP incorporates federal rule changes into Chapter 62-730, F.A.C., the state hazardous waste rule in order to maintain consistency with federal regulations.

RULEMAKING AUTHORITY: 403.704, 403.72, 403.721, 403.724, 403.8055 FS.

LAW IMPLEMENTED: 403.704, 403.72, 403.721, 403.724 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 Section, 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, 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, the amendment adding the definition of “carbon dioxide stream” in the Federal Register dated January 3, 2014 (79 FR 350) http://www.flrules.org/Gateway/reference.asp?No=Ref-04892, the amendment revising the definition of “manifest” and adding the definitions of “electronic manifest,” “Electronic Manifest System (or e-Manifest System),” and “user of the electronic manifest system,” in the Federal Register dated February 7, 2014 (79 FR 7518) http://www.flrules.org/Gateway/reference.asp?No=Ref-04893, and the amendment adding the definition of “CRT exporter” in the Federal Register dated June 26, 2014 (79 FR 36220) http://www.flrules.org/Gateway/reference.asp?No=Ref-04894, 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, 11-27-13,_____.

 

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, 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, the conditional exclusion for carbon dioxide streams in geologic sequestration activities in 261.4(h) as published in the Federal Register dated January 3, 2014 (79 FR 350) http://www.flrules.org/Gateway/reference.asp?No=Ref-04892, revisions to the export provisions of the cathode ray tube rule in 261.39(a) and 261.41(a) and (b) published in the Federal Register dated June 26, 2014 (79 FR 36220) http://www.flrules.org/Gateway/reference.asp?No=Ref-04894, and the correction to the definition of hazardous waste in 261.3(a)(2)(v) as published in the Federal Register dated June 20, 2014 (79 FR 35290) http://www.flrules.org/Gateway/reference.asp?No=Ref-04895, with the exceptions described in paragraphs (1)(a) through (c)(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) 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)(b) of this section, the language in effect immediately prior to the effective date of the referenced Federal Registers remains in effect.

(c) 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).

(2) 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, 11-27-13,_____.

 

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, 2014 http://www.flrules.org/Gateway/reference.asp?No=Ref-04896 2011 https://www.flrules.org/Gateway/reference.asp?No=Ref-01166, including the Appendix with the exception of 40 CFR 262.34(e) and the Project XL site-specific regulations in 262.10(j) and Subparts I and J.

(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 5-19-82, 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,_____.

 

62-730.170 Standards Applicable to Transporters of Hazardous Waste.

(1) The Department adopts by reference 40 CFR Part 263 revised as of July 1, 2014 http://www.flrules.org/Gateway/reference.asp?No=Ref-04897 2010 http://www.flrules.org/Gateway/reference.asp?No=Ref-00602.

(2) through (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,_____.

 

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

(1) The Department adopts by reference 40 CFR Part 264 revised as of July 1, 2014 http://www.flrules.org/Gateway/reference.asp?No=Ref-04898 2010 https://www.flrules.org/Gateway/reference.asp?No=Ref-00604, including all appendices, with the exceptions described in paragraphs (1)(a) through (c) of this section.

(a) through 3. No change.

(2) The Department adopts by reference 40 CFR Part 265 revised as of July 1, 2014 http://www.flrules.org/Gateway/reference.asp?No=Ref-04899 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 (6) 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,_____.