Fla. Admin. Code Ann. R. 62-737.200 - Definitions
As used in this chapter, unless the context indicates otherwise, the following words, phrases, or terms shall have the following meanings:
(1) "Ampoule" means an
enclosed vessel containing liquid mercury or mercury amalgam and that is a
component of a mercury-containing lamp or device and can typically be removed
intact from that mercury-containing lamp or device.
(2) "Applicant" means the person applying to
receive a permit under this chapter to operate a mercury recovery or mercury
reclamation facility located within the state.
(3) "Closure" means the assessment, remedial
action or abatement needed to identify, remove and properly dispose of or
recycle all spent lamps, mercury-containing devices, and mercury-containing
residuals or contaminated media and debris from mercury recovery or mercury
reclamation facilities after the date of cessation of operations.
(4) "Daily processing capacity" means the
maximum amount of spent lamps, mercury-containing devices, or
mercury-containing residuals, expressed as tons of materials, which can be
fully processed by the processing equipment within 24 hours.
(5) "Department" means the Florida Department
of Environmental Protection.
(6)
"Facility" means all contiguous land and structures, equipment and other
appurtenances, and improvements on the land owned or operated for mercury
recovery or mercury reclamation operations.
(7) "Generator" means any person whose act or
process produces spent mercury-containing lamps or devices.
(8) "Indoors" means within a structure that
excludes rain and public access and would control air flows in the event of a
fire.
(9) "Mercury-containing
devices" means any electrical product, or other devices, excluding a battery or
a mercury-containing lamp, that is unprocessed and has been determined by the
Department as proven to release mercury into the environment. The Department
has determined that the following items are included in this definition:
mercury thermostats, electric mercury switches and relays, thermometers,
manometers, ampoules removed from lamps or these devices in accordance with the
40 C.F.R.
273.13 or
273.33 thermostat ampoule removal
standards as adopted by reference under Rule
62-730.185, F.A.C., and other
devices which contain liquid mercury as a component necessary for their
operation.
(10) "Mercury-containing
lamp" means any type of high or low pressure lighting device that is
unprocessed such as being crushed by a generator per paragraph
62-737.400(6)(b),
contains mercury, and that generates light through the discharge of electricity
either directly or indirectly through a fluorescing coating. This term includes
fluorescent lamps, mercury vapor lamps, metal halide lamps, high pressure
sodium lamps and neon lamps containing mercury. The term excludes
mercury-containing lamps used in residential applications and that are disposed
of as part of ordinary household waste. For the purposes of this chapter,
except for annual reporting requirements under subsection
62-737.800(12),
it is assumed that 4 unbroken lamps are equal to 1 kilogram in
weight.
(11) "Mercury-containing
residuals" or "residuals" mean materials or wastes including separated glass,
separated metal, phosphor powder, ampoules not removed from lamps or these
devices in accordance with the
40 C.F.R.
273.13 or
273.33 thermostat ampoule removal
standards, filtration material or any other residuals or combinations of the
above that are generated as a result of mercury-containing lamp or device
recovery or reclamation operations, or as the result of a cleanup, and that
contain or have been in contact with mercury.
(12) "Mercury reclamation facility" means a
universal waste lamp or device destination facility where operations or
processes are performed or equipment is used to receive and recapture mercury
from spent mercury-containing lamps or devices, ampoules, mercury-containing
materials or residuals, or pourable, commodity grade mercury materials and that
can demonstrate, using a quality control plan approved in accordance with
Chapter 62-160, F.A.C., and an EPA analytical test method for determining the
total mercury content of a waste material, an effective reclamation rate of at
least 99% of the mercury introduced into its process or a resulting total
mercury concentration remaining in the processed material that is below the
method detection limit; and by which a commercial grade of mercury is produced
for recycling.
(13) "Mercury
recovery facility" means a universal waste lamp or device destination facility
where operations or processes are performed or equipment is used to receive and
process spent mercury-containing lamps or devices for the purpose of crushing
or dismantling and separating the lamps or devices in a manner as to produce:
separated, individual recyclable components such as glass and scrap metal; and
mercury-containing phosphor powder or other mercury-containing residuals that
will be processed at a mercury reclamation facility for the purpose of
reclamation of the mercury.
(14)
"Method detection limit" means the smallest concentration of an analyte of
interest that can be measured and reported with 99 percent confidence that the
concentration is greater than zero.
(15) "OSHA" means the United States
Occupational Safety and Health Administration.
(16) "Person" means any and all persons,
natural or artificial, including any individual, firm or association; any
municipal or private corporation organized or existing under the laws of this
state or any other state; any county of this state; and any governmental agency
of this state or the Federal government.
(17) "Phosphor powder" or "powder" means the
mercury-containing calcium or other luminescent phosphor powder contained
within a spent fluorescent lamp.
(18) "Process" or "operation" means the
application and use of processing equipment.
(19) "Processed material" means a component
of a lamp or a device that is a direct result of processing equipment
operations.
(20) "Processing
equipment" means any equipment that is used in mercury recovery or mercury
reclamation operations to separate, crush, consolidate, recover, retort,
distill or to physically alter the state of spent mercury-containing lamps or
devices, or mercury-containing residuals as they are received.
(21) "Reclaimed" means the processing of a
material to return it to its commercial marketable form.
(22) "Recycled" or "Recycling" means any
process by which spent lamp, mercury-containing device, or mercury-containing
residual components such as glass, mercury, phosphor powder or metal are reused
or returned to use in the form of products or raw materials.
(23) "Reverse distribution program" means a
manufacturer- or distributor-sponsored product stewardship program in which a
manufacturer or distributor, including a person distributing lamps to its
subsidiary facilities, or a group of manufacturers or distributors, acting
together or through a trade organization, assumes responsibility and provides
for the collection of spent mercury-containing lamps or devices at its own
facility or facilities that are designated by it, for the purposes of
recovering and reclaiming the mercury from such lamps or devices. In a program
sponsored by a lamp or device manufacturer, it shall provide evidence that
reclaimed mercury is used in new mercury-containing lamps or devices produced
by the manufacturer(s).
(24)
"Separated glass" means glass that is separated as a result of mercury recovery
or reclamation operations and is from the processing of mercury-containing
lamps or devices.
(25) "Separated
metal" means metal, both ferrous or non-ferrous, that is separated as a result
of mercury recovery or reclamation operations and is from the processing of
mercury-containing lamps or devices.
(26) "Spent" means has been used, removed
from service and is to be discarded.
(27) "Truck" means a trailer, semitrailer,
truck tractor and semitrailer combination, or any other vehicle operated on the
roads of this state, used to transport persons or property, and propelled by
power other than muscular power, but the term does not include traction
engines, road rollers, such vehicles as run only upon a track, bicycles,
mopeds, motorcycles or farm tractors and trailers.
(28) "Universal waste lamp or device
destination facility" or "lamp or device destination facility" means a mercury
recovery or reclamation facility permitted by the Department or an out-of-state
recycling facility permitted by another state for the processing of universal
waste lamps or devices and the ultimate recovery and reclamation of the mercury
they contain, and one that meets the applicability requirements for a
destination facility under 40 C.F.R. 273.60 as adopted by
reference under Rule 62-730.185, F.A.C.
(29) "Universal waste device" or "device"
means any mercury-containing device, excluding one generated by a household
exempted under 40 C.F.R.
261.4(b)(1), that is also
characteristically hazardous for mercury under
40 C.F.R.
261.24 and is being managed in accordance
with this chapter.
(30) "Universal
waste lamp" or "lamp" means any mercury-containing lamp that is also
characteristically hazardous for mercury under
40 C.F.R.
261.24 and is being managed in accordance
with this chapter.
(31) "Universal
waste lamp or device handler" or "handler" means a generator, or another person
including a transfer facility storing lamps or devices more than 10 days, that
generates or receives universal waste lamps or devices from other handlers,
accumulates and manages these lamps and devices in accordance with this
chapter, and ships them to a universal waste lamp or device destination
facility.
(a) A large quantity handler of
universal waste lamps or devices is: a generator or reverse distribution
handler accumulating 5, 000 kilograms or more of universal waste lamps or
devices at any one time; or another handler, excluding a generator or reverse
distribution handler, that accumulates 2, 000 kilograms or more of lamps or 100
kilograms or more of devices at any one time.
(b) A small quantity handler of universal
waste lamps or devices is a generator or reverse distribution handler
accumulating less than 5, 000 kilograms of universal waste lamps or devices at
any one time; or another handler that accumulates less than 2, 000 kilograms of
lamps or 100 kilograms of devices at any one time.
(32) "Universal waste lamp or device transfer
facility" or "transfer facility" means an in-state transportation-related
facility including loading docks, parking areas, storage areas, and other
similar areas, including those designated at lamp generator facilities during
relamping activities, where shipments of universal waste lamps or devices are
held during the normal course of transportation for 10 days or less. Transfer
facilities do not include handler facility areas where handlers are
accumulating lamps or devices in accordance with
40 C.F.R.
273.15 or
273.35.
(33) "Universal waste lamp or device
transporter" or "transporter" means any person, including a generator or other
handler, engaged in the off-site transportation of universal waste lamps or
devices to a handler or lamp or device destination facility by air, rail,
highway or water.
Notes
Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186, 403.721 FS.
New 5-10-95, Amended 5-20-98.
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