Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-730 - HAZARDOUS WASTE › Section 62-730.020 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department adopts by reference the
				definitions contained in 40 Code of Federal Regulations (CFR) 260.10 revised as
				of July 1, 2019,
http://www.flrules.org/Gateway/reference.asp?No=Ref-12292
,
				and as amended in the 84 Federal Register dated December 9, 2019 (67202-67220)
http://www.flrules.org/Gateway/reference.asp?No=Ref-12299
,
				except for the optional addition of "or 267.101" to subsection (2), of the
				definition of "facility" in the Federal Register dated September 8, 2005 (70 FR
				53419).
(2) When the same word,
				phrase, or term is defined in Part IV of Chapter 403, F.S., and
				40 C.F.R.
				260.10 and the definitions are not identical,
				the definitions as given in the state statute shall apply.
(3)
(a)
				References 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 DEP regarding generators of hazardous
				wastes; references to  40 C.F.R. Part 263  [as adopted in subsection
				 62-730.170(1),
				F.A.C.] shall mean rules adopted by DEP regarding transporters 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 DEP 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 DEP regarding standards for the management
				of specific hazardous wastes; 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; references to  40 CFR
				Part 273  [as adopted in subsection
				 62-730.185(1),
				F.A.C.] shall mean rules adopted by DEP regarding standards for universal waste
				management; and references to 40 C.F.R. Parts 270 [as adopted in subsection
				 62-730.220(1),
				F.A.C.] and 124 [as adopted in subsection
				 62-730.200(3),
				F.A.C.] shall mean rules adopted by DEP regarding permitting of hazardous waste
				facilities or Section
				 403.722, F.S.
(b) Unless specifically indicated otherwise,
				when used in any provisions as may be adopted in this chapter from 40 C.F.R.
				Parts 124 and 260 through 273: "U.S. Environmental Protection Agency" or "EPA"
				shall mean DEP, except in reference to regulations on international shipments,
				manifest registry functions, or the electronic manifest system; and
				"Administrator" or "Regional Administrator" or "State Director" shall mean
				Secretary (including the Secretary's designee, where appropriate), except in
				reference to regulations on international shipments.
1. Substitutions as described in paragraph
				(3)(b) of this rule, shall not be made in 40 C.F.R.: 124.6(e);
				124.10(c)(1)(ii); 260.11(a); 261.4(a)(24)(v)(B); 261.4(h)(4)(iii); 261.10;
				261.11; 261.143(e)(4); 261.143(g); 261.147(a)(1)(i); 261.147(b)(1)(i);
				261.147(f)(4); Part 261, Appendix IX; 262.32(b)(1); 264.1082(c)(4)(ii);
				265.1083(c)(4)(ii); 268.1(e)(3); 268.2(j); 268.13; 268.40(b); 270.2;
				270.10(e)(2) and (3); 270.10(f)(2) and (3); 270.10(g)(1); 270.11(a)(3);
				270.32(b)(2); 270.72(a)(5) and (b)(5); and 273.32(a)(3).
2. Substitutions as described in paragraph
				(3)(b) of this rule, shall not be made and alternative substitutions or
				deletions shall be made as described in the following:
a. Replace "Waste Identification Branch
				(5304)" with "Characteristics Section (OS-333)" in
				40 C.F.R.
				261.4(b)(11)(ii).
b. Delete "in the Region where the sample is
				collected" in 40 C.F.R.
				261.4(e)(3)(iii).
c. Delete "for the Region in which the
				generator is located" in 40
				C.F.R. 262.42(a)(2) and
				(b).
d. Replace "a State" with "Florida" in
				40 C.F.R.
				264.1(g)(1) and
				265.1(c)(5).
e. Replace "regional EPA Office" and "EPA
				regional office" with "Department district office" in
				40 C.F.R.
				273.18(g),
				273.38(g) and
				273.61(c).
3. "Department" shall not be substituted for
				"EPA" in 40 C.F.R.
				263.10(a) or in the 40
				C.F.R. as adopted for the following phrases: "EPA Identification Number, " "EPA
				identification number(s), " "EPA ID number, " "EPA hazardous waste number(s), "
				"EPA hazardous waste codes, " "EPA publication, " "EPA Acknowledgement of
				Consent, " and "EPA form."
(c) Any reference to the Federal Solid Waste
				Disposal Act as amended by the Resource Conservation and Recovery Act of 1976
				(RCRA) and its amendments, within  40 C.F.R. Part 124  and Parts 260 through 273
				as adopted by reference herein, shall be construed to refer to comparable
				provisions of the Florida Resource Recovery and Management Act (FRRMA) as
				established in Part IV of Chapter 403, F.S., and the Federal Solid Waste
				Disposal Act, as amended.
(d)
				References to Section 1004(5) of RCRA, which is the definition of hazardous
				waste, shall mean Section
				 403.703(21),
				F.S.
(e) References to Section 3010
				of RCRA shall mean notification requirements of Florida Law.
(f) References to "RCRA Subtitle C Site
				Identification Form (EPA Form 8700-12), " "Site Identification Form, " "EPA
				Form 8700-12, " and "form 8700-12" shall mean Form
				 62-730.900(1)(b),
				"8700-12FL - Florida Notification of Regulated Waste Activity" [adopted by
				reference in paragraph
				 62-730.150(2)(a),
				F.A.C.] and references to "EPA Form 8700-13A/B" shall mean Form
				 62-730.900(8),
				"RCRA Subtitle C Site Identification and Hazardous Waste Report" [adopted by
				reference in paragraph
				 62-730.150(3),
				F.A.C.].