Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-710 - USED OIL MANAGEMENT › Section 62-710.210 - Documents Incorporated by Reference

Current through Reg. 50, No. 138; July 16, 2024
(1)
				General provisions relating to solid waste management may be found in chapter
				62-701, "Solid Waste Management Facilities, " F.A.C., including statements of
				intent, definitions, prohibitions, general permitting requirements, alternate
				procedures, and forms. Except where the context indicates otherwise, these
				general provisions apply to this chapter.
(2) The Department adopts by reference    40
				C.F.R. Part 279    revised as of July 1, 2017 (
http://www.flrules.org/Gateway/reference.asp?No=Ref-08950
),
				which contains the federal standards for the management of used oil. It is the
				intent of the Department to interpret these standards in a manner consistent
				with interpretations promulgated by the United States Environmental Protection
				Agency, except when such interpretations conflict with Florida law.
(3) "On-specification used oil fuel" means
				any used oil which meets the requirements of  40 C.F.R. Part 279.11  [as adopted
				in subsection  62-710.210(2),
				F.A.C.]. Used oil fuel containing PCBs at a concentration equal to or greater
				than 2 ppm, but less than 50 ppm, is regulated under   40 C.F.R. Part 761   .20(e)
				and burned only in boilers or industrial furnaces as defined in 40 C.F.R. Part
				260.10 [as adopted in subsection
				 62-730.020(1),
				F.A.C.] and identified in  40 C.F.R. Part 279.61  [as adopted in subsection
				 62-710.210(2),
				F.A.C.]. Used oil containing PCBs at a concentration equal to or greater than
				50 ppm is fully subject to the requirements of the Toxic Substances Control Act
				found in 40 C.F.R. Part 761. Blending used oil for the purpose of reducing the
				concentration of PCBs to below 50 ppm is prohibited in accordance with the
				provisions of 40 C.F.R.
				279.10(i) [as adopted in
				subsection  62-710.210(2),
				F.A.C.] and 761.20(e).
(4)
				References in   40 C.F.R. Part 279   [as adopted in subsection
				 62-710.210(2),
				F.A.C.] 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; reference to  40 C.F.R. Part 263  [as adopted in subsection
				 62-730.170(1),
				F.A.C.] shall mean rules adopted by the Department regarding transporters of
				hazardous waste; reference 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; 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.
(5) When the same word,
				phrase, or term is defined in rule
				 62-710.201, F.A.C., and 40
				C.F.R. Part 279 [as adopted in subsection
				 62-710.210(2),
				F.A.C.] and the definitions are not identical, the definitions as given in rule
				62-710.201, F.A.C., shall
				apply.
(6) Unless specifically
				indicated otherwise, when used in any such provisions as adopted from  40 C.F.R.
				Part 279  [as adopted in subsection
				 62-710.210(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.
(7) Any reference to
				40 C.F.R. Parts 124 or 270 as adopted by reference in 40 C.F.R. Part 279 [as
				adopted in subsection
				 62-710.210(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.
(8) Any reference to the Resource
				Conservation and Recovery Act of 1976 (RCRA) as adopted by reference in 40
				C.F.R. Part 279 [as adopted in subsection
				 62-710.210(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.
Rulemaking Authority
					 403.061,
					 403.704,
					 403.7545,
					 403.8055 FS. Law Implemented
					 403.704,
					 403.7545
					 FS.
New 6-8-95, Amended 12-23-96, 3-25-97, 6-9-05, 1-4-09,
					 4-23-13, 6-18-18.