Fla. Admin. Code Ann. R. 62-737.800 - Permit Application Requirements and General Permitting Standards for Mercury Recovery and Mercury Reclamation Facilities
(1) A person wanting to construct or operate
a mercury recovery or mercury reclamation facility shall submit an application
to the Department to obtain a permit and shall meet the requirements for the
applicable operation prior to commencing any construction activities or
conducting any operations contained in this chapter.
(2) Information in the application shall be
of sufficient detail to show how the facility will be constructed, operated,
and closed, and how it will be monitored and maintained during operations and
closure in order to comply with the requirements of this chapter. All
engineering plans, reports and information supporting the application shall be
compiled or supervised, and signed and sealed, by a professional engineer
registered in Florida.
(3) All
permit applications required under this chapter shall be submitted on DEP Form
62-737.900(2)
and shall be accompanied by a $2, 000.00 permit fee or $4, 000.00 for a
combined mercury recovery and reclamation facility.
(4) All permit applications shall contain the
following information:
(a) Applicant's name
and address;
(b) Location of
facility. A facility cannot be located in a 100-year flood plain unless the
applicant can provide reasonable assurance that the facility will be
constructed to prevent flooding;
(c) Description of its storage, operations,
processing equipment and pollution control equipment;
(d) A contingency plan for responding to
interruptions to operations and emergencies in accordance with 40 C.F.R. Part
264 Subpart D as adopted by reference in subsection
62-730.180(1),
F.A.C.;
(e) A worker health and
safety plan including training:
1. Facility
personnel must successfully complete a program of classroom or on-the-job
training that teaches them to perform their duties in a way that ensures the
safe operation of the processing equipment, and that ensures the facility's
compliance with its emergency response procedures and its inspection methods to
identify and prevent releases to the environment. Facility personnel must also
be informed of their possible exposure to hazardous substances in their work
environment and must be informed of the facility's health and safety plan.
Owners and operators are advised that other OSHA requirements may apply to
their facility operations; and,
2.
Operators of equipment, or those involved in the processing operations must
complete the training specified in subparagraph (4)(e)1., before conducting
processing activities. Facilities shall maintain written records of the
successful training of these employees, including any new ones, and the type
and nature of the training provided for each employee for a period of three
years from the date an employee last worked at the
facility.
(f) A quality
control plan that defines how the facility operator will monitor and evaluate
the requirements specified in the facility's submittals under paragraphs (c),
(d), (e), (g) and (i) of this rule. The quality control plan shall include
examples of checklists, logs or inspection forms to monitor compliance with the
requirements under this chapter. Any required sampling and analysis for
operations or closure shall meet the requirements of subsection
62-160.300(6),
F.A.C. The Standard Operating Procedures Manual to be followed for sampling
shall be the "Quality Assurance Standard Operating Procedures for Sampling at
Facilities Permitted Under Chapter 62-737, F.A.C., November 14, 1997, " which
is hereby incorporated by reference, or equivalent procedures may be used as
specified in subsection
62-160.300(6),
F.A.C.;
(g) A closure plan
conforming to the requirements of 40 C.F.R. Part 264, Subpart G as adopted by
reference under Rule 62-730.180(1),
F.A.C., including financial assurance:
1.
Financial assurance shall be provided to the Department in accordance with 40
C.F.R. Part 264, Subpart H as adopted by reference under subsection
62-730.180(1),
F.A.C., except for all references to
40 C.F.R.
264.144,
264.145,
264.146 and
264.147. References in 40 C.F.R.
Part 264, Subpart H to the United States Environmental Protection Agency (EPA)
shall mean the State of Florida Department of Environmental Protection; to
Regional Administrator shall mean the Secretary of the Department;
and,
2. Applicants shall complete
the applicable Department forms listed in paragraphs
62-730.900(4)(a)
-(j), F.A.C., to demonstrate compliance with the financial assurance
requirements of this rule. Photocopies of Department-supplied forms are
acceptable. Retyped forms are not acceptable and will be
returned.
(h) A
demonstration by the owner or operator of the proper amount of general and
pollution liability insurance as specified in subsection (13), below;
and,
(i) An inspection plan
including schedules for inspecting processing equipment, safety and monitoring
equipment, emission control equipment and emergency response equipment for
malfunctions and deterioration, operator errors, and discharges which may
cause, or lead to a release of hazardous matrerials into the environment or
which might lead to a threat to human health. This plan shall also cover
preparedness and prevention activities in accordance with 40 C.F.R. Part 264
Subpart C as adopted by reference under subsection
62-730.180(1),
F.A.C.
(5) The permit
application will be processed in accordance with Section
403.722, F.S., including the
requirements for notification of local governments of the filing of the
application and publication of notice of the filing of the application as set
forth in Section 403.722(12),
F.S., and the publication of notice of the Department's proposed agency action
to issue the permit as set forth in Section
403.722(10),
F.S.
(6) Permits issued under this
chapter shall be subject to the renewal and transfer requirements of Rule
62-730.290 and
62-730.291, F.A.C., except that
DEP Form 62-737.900(2)
shall be substituted for DEP Form
62-730.900(2).
(7) All owners and operators of mercury
recovery and mercury reclamation facilities shall:
(a) Have established markets for the
utilization of reclaimed materials and be able to identify these markets to the
Department;
(b) Only introduce into
the processing equipment lamps or devices for which the equipment was
specifically designed to process, and operate and maintain processing equipment
consistent with the equipment manufacturer's specifications;
(c) Inspect their facilities for malfunctions
and deterioration, for operator errors, and discharges which may cause, or lead
to a release of hazardous materials into the environment or which might lead to
a threat to human health; and,
(d)
Keep records of inspections (logs) which shall include the date and time of the
inspection, the name of the inspector, a notation of observations made, and the
date and nature of any repairs made or other remedial actions taken. The logs
or records must be kept for a minimum of three years from the date of the
inspection.
(8) Owners
and operators shall install, operate, monitor and maintain air pollution
control equipment as to reduce the mercury emissions from the processing
equipment, processing operations and in the processing area in accordance with
the Department's air permitting requirements as specified in Rule
62-210.300, F.A.C.
(9) Owners and operators shall store
processed and unprocessed materials in closed containers; and for broken or
damaged unprocessed lamps and devices, and residuals, store these in closed,
covered and sealed containers or in enclosed areas of the facility conforming
to subsection 62-296.417(1),
F.A.C., to prevent mercury emissions. They shall store unprocessed materials,
ampoules, phosphor powder and other mercury-containing residuals indoors to
prevent breakage of lamps or devices prior to further processing and to prevent
a release of hazardous materials to the environment. Separated glass and metal
that is stored outdoors shall be stored in covered, watertight containers or in
a manner that otherwise prevents contact with water and prevents the release of
hazardous materials into the environment, located within portions of the
facility with controlled access limited to authorized persons only, and stored
in compliance with any applicable hazardous waste storage requirements adopted
under Chapter 62-730, F.A.C. Universal waste lamps and devices, and other
wastes that mercury reclamation facilities are permitted to receive, may not be
stored longer than one year from when they were first received.
(10) Per Rule
62-730.290, F.A.C., owners and
operators shall, using DEP Form
62-737.900(2),
notify the Department prior to any modifications to the operations or equipment
which do not conform to the approved permit. Fees for such modifications shall
be 10 percent of the fees specified in subparagraph
62-4.050(4)(k)
17., F.A.C., except for modifications specified under sub-subparagraph
62-4.050(4)(k)
17.a., F.A.C., in which case the modification fee shall be the same as the
permit application fee specified in subsection
62-737.800(3),
F.A.C.
(11) Owners and operators
shall keep and maintain copies of shipping documents, including shipping papers
and logs detailing shipments received from transporters, hazardous waste
manifests and any documents disclosing shipping discrepancies. Such records
shall be kept at the facility location for a period of three years from the
dates of receipt or shipment, shall be made available to the Department upon
request, and shall include the following information:
(a) The dates, amounts, and generators of
material received for storage or processing;
(b) The dates, amounts and destinations of
materials shipped off-site for further processing or disposal; and,
(c) Any other information that indicates the
ultimate disposition of the stored or processed materials.
(12) Owners and operators shall submit annual
reports to the Department on DEP Form
62-737.900(3),
by March 1 of each year, with the first report due March 1, 1996, for
activities performed in the previous calendar year, that shall include the
following information:
(a) Total types and
amounts of materials received by the facility for storage or
processing;
(b) Amounts, by
destination, of materials shipped off-site for processing, recycling or
disposal; and,
(c) Total amounts
and descriptions of any unprocessed and processed materials stored at the
facility at the beginning and end of the reporting period.
(13) The owner or operator shall establish
and maintain general liability and pollution liability insurance in amounts
adequate to provide coverage for liability potentially incurred in the
operation of the facility. For purposes of this rule, insurance coverage in the
amount of one million dollars of annual aggregate coverage for general
liability and one million dollars of annual aggregate coverage for pollution
liability shall be deemed adequate. Each insurance policy must be issued by an
insurer licensed to transact the business of insurance or eligible to provide
insurance as an excess or surplus lines insurer in the State of Florida. Proof
of such insurance shall be provided to the Department at least 60 days prior to
initial receipt of universal waste lamps or devices and then annually
thereafter. The insurance must be effective before this initial receipt of
universal waste lamps or devices. Such proof shall consist of a signed
duplicate original certificate of insurance with the Secretary of the
Department listed as the certificate holder. If requested by the Department,
the insured must provide a signed duplicate original of the insurance
policy.
(14) Within two weeks of
any emergency event, the operator of the facility shall submit to the
Department a written report on the emergency that shall include a description
of the origin or cause of the emergency, the actions taken to deal with the
emergency, the results of those actions taken, and an analysis of the success
or failure of the actions. Emergency events include potential hazards to human
health and the environment caused by any unplanned sudden or non-sudden release
of hazardous waste or hazardous waste constituents to the air, soil, or surface
or ground water as a result of fire, explosion, natural disaster, equipment
failure, or some other occurrence.
Notes
Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.0877, 403.7186, 403.721, 403.722, 403.724 FS.
New 5-10-95, Amended 5-20-98.
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