Fla. Admin. Code Ann. R. 62-737.150 - Applicability and Exemptions
(1)
Generators, transporters, and facilities managing or disposing of spent
mercury-containing lamps or devices in a manner other than recycling as
provided for under this chapter are not subject to the provisions of this
chapter, but shall comply with
40 C.F.R.
262.11, as adopted by reference under Rule
62-730.160,
F.A.C., and all other applicable Department and federal regulations including
Rules
62-737.300 and
62-701.300,
F.A.C.
(2) The provisions of this
chapter, except where specified, apply to spent mercury-containing lamps and
devices that are characteristically hazardous wastes for mercury per
40 C.F.R.
261.24, as adopted by reference under Rule
62-730.030,
F.A.C. When managed in accordance with this chapter, these wastes are
considered to be universal wastes in Florida and are also subject to the
applicable 40 C.F.R. Part 273 requirements, revised as of July 1, 2020
http://www.flrules.org/Gateway/reference.asp?No=Ref-13567
and adopted here by reference.
(3)
Generators of spent universal waste lamps or devices that manage them in
accordance with this chapter and Rule
62-730.185,
F.A.C., are not required to include these wastes when making hazardous waste
generator status quantity determinations under
40
C.F.R. 261.5 or Part 262.
(4) Handlers and transporters of universal
waste lamps and devices that are complying with this chapter and the applicable
40 C.F.R. Part 273 requirements are exempt from the
40
C.F.R. 268.7 and
268.50
land disposal restriction requirements as adopted by reference under Rule
62-730.183,
F.A.C.
(5) References in 40 C.F.R.
Part 273 [as adopted in subsection 62-737.150(2), F.A.C.] to 40 C.F.R. Part 261
[as adopted in subsection
62-730.030(1),
F.A.C.] shall mean rules adopted by DEP regarding identification of hazardous
wastes; references to 40 C.F.R. Part 262 [as adopted in subsection
62-730.160(1),
F.A.C.] shall mean rules adopted by the Department regarding generators of
hazardous wastes; references to 40 C.F.R. Parts 264 [as adopted in subsection
62-730.180(1),
F.A.C.] and 265 [as adopted in subsection
62-730.180(2),
F.A.C.] shall mean rules adopted by the Department regarding treaters, storers
and disposers of hazardous wastes; references to 40 C.F.R. Part 266 [as adopted
in subsection
62-730.181(1),
F.A.C.] shall mean rules adopted by the Department regarding standards for the
management of specific hazardous waste; references to 40 C.F.R. Part 268 [as
adopted in subsection
62-730.183,
F.A.C.] shall mean rules adopted by DEP regarding land disposal restrictions;
and references to Section 3010 of RCRA shall mean notification requirements of
Florida Law. The above-mentioned Department rules are found in Chapter 62-730,
"Hazardous Waste," F.A.C.
(6) When
the same word, phrase, or term is defined in Rule
62-737.200, F.A.C.,
and 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(2), F.A.C.] and the
definitions are not identical, the definitions as given in Rule
62-737.200, F.A.C.,
shall apply.
(7) Unless
specifically indicated otherwise, when used in any such provisions as adopted
from 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(2), F.A.C.],
United States shall mean the State of Florida, EPA shall mean the Department,
and Administrator or Regional Administrator shall mean the Secretary of the
Department or the Secretary's designee, where appropriate; except substitutions
as described in this paragraph shall not be made in
40
C.F.R. 273.32(a)(3) and
273.70.
(8) Any reference to 40 C.F.R. Parts 124 or
270 as adopted by reference in 40 C.F.R. Part 273 [as adopted in subsection
62-737.150(2), F.A.C.] shall mean the permitting provisions in Chapter 62-4 or
62-730, F.A.C., or Section
403.722,
F.S.
(9) Any reference to the
Resource Conservation and Recovery Act of 1976 (RCRA) as adopted by reference
in 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(2), F.A.C.] shall be
construed to refer to comparable provisions of the Florida Resource Recovery
and Management Act as established in Part IV of Chapter 403, F.S.
Notes
Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186, 403.721 FS.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.