[Sqg-program] FW: Revised Chapter 62-730, F.A.C.

Perrigan, Glen Glen.Perrigan at dep.state.fl.us
Tue Apr 19 15:27:54 EDT 2016

FYI. Updates to Florida's Hazardous Waste Rule 62-730. The big change is the adoption of EPA's DSW rule. We are currently in the process of developing guidance and hope to have available at the NAHMMA conference in early May.

[cid:image007.png at 01D0AFF0.458A7CA0]<http://www.dep.state.fl.us/>

Glen Perrigan
Environmental Manager
Waste Compliance Assistance Program
2600 Blair Stone Road, MS4560
Tallahassee, FL 32399-2400
glen.perrigan at dep.state.fl.us

From: Rainey, Julie C.
Sent: Tuesday, April 12, 2016 3:37 PM
Subject: Revised Chapter 62-730, F.A.C.

The Hazardous Waste Rule, Chapter 62-730, F.A.C., was revised to adopt the following federal final rules and technical corrections:

1.            Revisions to the Definition of Solid Waste (DSW), published in the Federal Register (FR) on January 13, 2015 (80 FR 1694-1814). This rule revises several recycling-related provisions associated with the definition of solid waste under Subtitle C of RCRA. The purpose of these revisions is to ensure that the hazardous secondary materials recycling regulations, as implemented, encourage recycling and reclamation in a way that does not result in increased risk to human health and the environment from discarded hazardous secondary material. Parts of this rule are considered to be more stringent than the current federal requirements, while other parts are considered to be less stringent than the current federal requirements. A brief summary of the DSW rule provisions is included in this package. The state modification deadline is July 1, 2016.

2.            Vacatur of the Comparable Fuels Rule and the Gasification Rule, published in the FR on April 8, 2015 (80 FR 18777-18780). The EPA is revising regulations associated with the comparable fuels exclusion and the gasification exclusion, originally issued by EPA under RCRA. These revisions implement vacaturs ordered by the United States Court of Appeals for the District of Columbia Circuit, on June 27, 2014. For states such as Florida that have previously been authorized for the comparable fuels and gasification rules, the vacated provisions can no longer be considered part of the federally authorized program.  Florida adopted and was authorized for the comparable fuels and gasification rules; therefore, adoption of the court ordered vacaturs is not optional. The state modification deadline is July 1, 2016.

3.            Disposal of Coal Combustion Residuals from Electric Utilities, published in the FR on April 17, 2015 (80 FR 21302-21501). The EPA is codifying a list of wastes generated primarily from processes that support the combustion of coal or other fossil fuels that, when co-disposed with coal combustion residuals, are not subject to hazardous waste regulations. As an authorized state program, Florida is not required to adopt these new less stringent federal provisions. However, they are proposed for adoption in this package to maintain consistency with the federal requirements so that our state rules will not be broader in scope.

4.            Technical corrections to Chapter 62-730, F.A.C., as follows:

A.           Carve out substitution of state terms for federal terms (i.e., DEP for EPA) at 62-730020(3)(b)1., F.A.C. - States do not receive authorization for the import/export functions outlined in 40 C.F.R Part 262, Subparts E, F, and H. As a result, states which incorporate federal regulations by reference must ensure that any blanket substitution of state terms for federal terms do not apply to the sections of the federal regulations covering imports and exports. Florida needs to carve out 40 C.F.R. Part 262, Subpart H and related federal references that were inadvertently adopted by reference to requirements for export shipments of spent lead-acid batteries (75 FR 1236-1262) on October 12, 2011. The references are being carved out in the proposed rule.

B.           Carve out federal references to 40 C.F.R Part 267 at 62-730.030(1), 62-730.160(1), 62-730.170(1), and 62-730.181(1), F.A.C. - Technical corrections to the federal hazardous waste regulations were promulgated on March 28, 2010 (75 FR 12989-13009) and adopted by reference in Chapter 62-730, F.A.C., on October 12, 2011. Some of the changes added 40 C.F.R. Part 267 (the Standardized Permit Rule) to the list of regulations referenced in Parts 261, 262, 262, and 266. Florida does not adopt the federal standardized permit, and had already carved out references to Part 267 at 62-730.020(1) and 62-730.030(1). The additional carve outs are proposed to maintain consistency with federal regulations.

The above amendments were adopted in 62-730.020, 62-730.021, 62-730.030, 62-730.160, 62-730.170, 62-730.181, 62-730.220, F.A.C., and became effective on April 5, 2016. The revised 62-730 is attached. The rules are also linked to http://www.dep.state.fl.us/waste/quick_topics/rules/default.htm.
If you have any questions, please call or email me.


Julie Rainey
Hazardous Waste Program & Permitting
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