The purpose and effect of this proposed rule will be to amend rules identified in the Department's 2018-2019 Regulatory Plan as needing to be amended to increase efficiency and improve coordination with other programs by adopting updated forms.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-730.150General

62-730.171Transfer Facilities

62-730.220Applications for Permits and Other Authorizations

62-730.900Forms

PURPOSE AND EFFECT: The purpose and effect of this proposed rule will be to amend rules identified in the Department's 2018-2019 Regulatory Plan as needing to be amended to increase efficiency and improve coordination with other programs by adopting updated forms.

SUMMARY: The proposed rule adopts and references updated forms for 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, 403.061, 403.0611, 403.087, 403.0877, 403.151, 403.704, 403.72, 403.721, 403.722, 403.7234, 403.8055, F.S.

LAW IMPLEMENTED: 120.52, 120.53, 120.54, 120.55, 403.061, 403.0611, 403.0875, 403.0877, 403.091, 403.151, 403.704, 403.707, 403.72, 403.721, 403.722, 403.7222, 403.723, 404.7234, 403.727, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bradley Buselli, Department of Environmental Protection, MS 4560, Blair Stone Road, Tallahassee, Florida 32399-2400, phone [phone] or email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-730.150 General.

(1) No change

(2)(a) All generators (except very small quantity generators as defined in 40 C.F.R. 260.10 [as adopted in subsection 62-730.020(1), F.A.C.] that are exempt pursuant to 40 C.F.R. 262.14 [as adopted in subsection 62-730.160, F.A.C.] and are not experiencing an episodic event as defined in 40 C.F.R. 262 Subpart L [as adopted in subsection  62-730.020(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 _____4-23-13, which is hereby adopted and incorporated by reference (URL http://www.flrules.org/Gateway/reference.asp?No=Ref-02074), unless they have previously notified. This form can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste or by contacting the Permitting and Compliance Assistance Program, MS 4500, 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) No change

(3) The “RCRA Subtitle C Site Identification and Hazardous Waste Report, Form 62-730.900(8), effective date 6-18-18,” is hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-09577). This form can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. This form is only to be used for submitting biennial reports pursuant to subsection 62-730.160(2), F.A.C. It should not be used to notify the Department of hazardous waste activities. DEP Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity,” [adopted by reference in paragraph 62-730.150(2)(a), F.A.C.] effective date 4-23-13, shall be used for notification purposes.

(4) through (6) 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, 4-23-13, 6-18-18,_____.

 

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 4-23-13 [adopted by reference in paragraph 62-730.150(2)(a), F.A.C.].

(b) through (c) No change

(d) The transfer facility shall re-notify annually by submitting Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity,” effective date 4-23-13, 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 4-23-13, 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, 4-23-13, 6-18-18,_____.

 

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 https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

1. Application for a Hazardous Waste Permit Part 1 – General, Form 62-730.900(2)(a), effective date _____4-23-13 (URL http://www.flrules.org/Gateway/reference.asp?No=Ref-02075).

2. Information Regarding Potential Releases from Solid Waste Management Units, Form 62-730.900(2)(c), effective date _____4-23-13 (URL http://www.flrules.org/Gateway/reference.asp?No=Ref-02076).

3. Application for a Hazardous Waste Facility Permit Certification, Form 62-730.900(2)(d), effective date _____4-23-13 (URL http://www.flrules.org/Gateway/reference.asp?No=Ref-02077).

(b) No change.

(3) through (11) No change

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, 4-23-13, 4-5-16, 6-18-18,_____.

 

62-730.900 Forms.

Forms are listed here by form number. Copies of all forms can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste or by contacting the Permitting and Compliance Assistance Program, MS 4500, 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 C.F.R. Part 270 and this chapter.

(1) Notification Forms.

(a) Application for Transfer of a Permit, January 29, 2006. [Form number 62-730.900(1)(a)]

(b) 8700-12FL – Florida Notification of Regulated Waste Activity, _____4-23-13 [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, which is adopted and incorporated by reference in paragraph 62-730.220(2)(a), F.A.C.

(a) Application for a Hazardous Waste Permit Part I – General, _____4-23-13. [Form number 62-730.900(2)(a)]

(b) [reserved]

(c) Information Regarding Potential Releases from Solid Waste Management Units, _____4-23-13. [Form number 62-730.900(2)(c)]

(d) Application for a Hazardous Waste Facility Permit Certification, _____4-23-13. [Form number 62-730.900(2)(d)]

(3) through (8) No change.

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, 4-23-13, 6-18-18,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kim Walker, Environmental Administrator

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Noah Valenstein, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 5, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 28, 2019