Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-737 - THE MANAGEMENT OF SPENT MERCURY-CONTAINING LAMPS AND DEVICES DESTINED FOR RECYCLING › Section 62-737.200 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
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.