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 62-737.150 - Applicability and Exemptions

Current through Reg. 50, No. 138; July 16, 2024
(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.
Rulemaking Authority
					 403.061,
					 403.7186 FS. Law Implemented
					 403.7186,
					 403.721
					 FS.
New 5-10-95, Amended 5-20-98, 6-18-18,
					 10-1-21.