The proposed rule amendments incorporate by reference changes made by the U.S. Environmental Protection Agency (EPA) between July 1, 2014, and June 30, 2015, to the federal hazardous waste regulations. The Florida Department of Environmental ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

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

PURPOSE, EFFECT AND SUMMARY: The proposed rule amendments incorporate by reference changes made by the U.S. Environmental Protection Agency (EPA) between July 1, 2014, and June 30, 2015, 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. The proposed rule amendments incorporate federal rule changes that were inadvertently left out of the Notice of Proposed Rule that was published on March 14, 2016.

RULEMAKING AUTHORITY: 403.704, 403.721, 403.8055 FS.

LAW IMPLEMENTED: 403.704, 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, Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 4560, 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:

 

62-730.021 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, 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, 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; and 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 CFR 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,_____.