Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
62-730.150: General
62-730.171: Transfer Facilities
62-730.186: Universal Pharmaceutical Waste
62-730.900: Forms
PURPOSE AND EFFECT: To adopt a revised Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity.”
SUMMARY: Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity.” is being revised to include transfer facility notification and to clarify other reporting requirements.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 403.704, 403.721, 403.7211 FS.
LAW IMPLEMENTED: 403.704, 403.721, 403.7211 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Thursday, December 12, 2008, 1:00 p.m.
PLACE: Room 609 Bob Martinez Center, 2600 Blair Stone Road, Tallahassee, FL 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 4 days before the workshop/meeting by contacting: Julie Rainey at (850)245-8713 or julie.c.rainey@dep.state.fl.us. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Julie Rainey, Environmental Manager, Department of Environmental Protection, 2600 Blair Stone Road, MS 4560, Tallahassee, FL 32399, (850)245-8713, julie.c.rainey@dep.state.fl.us

THE FULL TEXT OF THE PROPOSED RULE IS:

62-730.150 General.

(1) No change.

(2)(a) All generators (except generators that are conditionally exempt pursuant to 40 CFR 261.5 [as adopted in subsection 62-730.030(1), F.A.C.]), all transporters, and all persons who own or operate a facility which treats, stores, or disposes of hazardous waste, must notify the Department using Form 62-730.900(1)(b), 8700-12FL – Florida Notification of Regulated Waste Activity, effective date________April 22, 2007, which is hereby adopted and incorporated by reference, unless they have previously notified. This Form can be obtained on the internet at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm or by contacting the Hazardous Waste Regulation Section, MS 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Rule 62-730.900, F.A.C., contains information on obtaining a copy of this form. In addition, transporters are subject to the reporting requirements of Rule 62-730.170, F.A.C.

(b) All generators, transporters, or persons who own or operate a facility which treats, stores, or disposes of hazardous waste, and everyone required to notify under Rule 62‑730.181, F.A.C., shall notify the Department of all changes in status and shall use the 8700-12FL – Florida Notification of Regulated Waste Activity,” Form 62-730.900(1)(b), [adopted by reference in paragraph 62-730.150(2)(a), F.A.C.], form to do so. Changes in status include, but are not limited to: changes in the facility name, location, mailing address, business form, ownership or management control of the facility or its operations; ownership of the real property where the facility is located; facility contact person; type of regulated waste activity; going out of business; tax default; or petition for bankruptcy protection.

(3) through (7) No change.

Specific Authority 403.0611, 403.087, 403.704, 403.721, 403.7234, 403.8055 FS. Law Implemented 403.061, 403.0611, 403.091, 403.151, 403.704, 403.721, 403.722, 403.7222, 403.7234 FS. History–New 5-19-82, Amended 1-5-84, 7-5-85, 7-22-85, Formerly 17-30.15, Amended 5-5-86, Formerly 17-30.150, Amended 8-13-90, 10-14-92, 10-7-93, Formerly 17-730.150, Amended 1-5-95, 9-7-95, 10-10-02, 10-1-04, 1-29-06, 4-22-07,________.

 

62-730.171 Transfer Facilities.

(1) No change.

(2)(a) The transporter who is owner or operator of a transfer facility which stores manifested shipments of hazardous waste for more than 24 hours but 10 days or less (hereinafter referred to as “the transfer facility”) shall obtain an EPA/DEP identification number for each transfer facility location and notify the Department using Form 62-730.900(1)(b), 62-730.900(1)(c), 8700-12FL – Florida Notification of Regulated Waste Activity, effective date ____________[adopted by reference in paragraph 62-730.150(2)(a), F.A.C.]. October 28, 2008, which is hereby adopted and incorporated by reference. This Form can be obtained on the internet at http://www.dep.state.fl.us/waste/ quick_topics/forms/pages/62-730.htm or by contacting the Hazardous Waste Regulation Section, MS 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(b) through (c) No change.

(d) The transfer facility shall annually submit updated information on Form 62-730.900(1)(b), 62-730.900(1)(c), 8700-12FL – Florida Notification of Regulated Waste Activity, effective date________October 28, 2008, which is adopted and incorporated by reference at paragraph 62-730.150(2)(a) 62-730.171 (2)(a), F.A.C.

(3)(a)1. No change.

2. Completed Form 62-730.900(1)(b), 62-730.900(1)(c), 8700-12FL – Florida Notification of Regulated Waste Activity, effective date________October 28, 2008, which is adopted and incorporated by reference at paragraph 62-730.150(2)(a), F.A.C., 62-730.171 (2)(a), F.A.C.

3. through (8) No change.

Specific Authority 403.0877, 403.704, 403.721 FS. Law Implemented 403.0877, 403.704, 403.721 FS. History–New 3-2-86, Amended 6-28-88, Formerly 17-30.171, Amended 8-13-90, 9-10-91, 10-14-92, Formerly 17-730.171, Amended 1-5-95, 1-29-06, 10-28-08,________.

 

62-730.186 Universal Pharmaceutical Waste.

(1) through (5)(b) No change.

(6) A handler or a transporter of universal pharmaceutical waste shall notify the Department in writing and receive an EPA Identification Number before accumulating universal pharmaceutical waste, or offering such waste for transport, or transporting such waste, and shall use Form 62-730.900(1)(b), 8700-12FL, Florida Notification of Regulated Waste Activity, effective date________April 22, 2007 [as adopted by reference in paragraph 62-730.150(2)(a) 62-730.150(2)(b), F.A.C.] to do so. A handler or transporter of hazardous waste that has already notified the Department of its hazardous waste management activities and obtained an EPA Identification Number is not required to renotify under this section.

(7) through (13) No change.

Specific Authority 403.061, 403.151, 403.704, 403.72, 403.721 FS. Law Implemented 120.52, 120.54, 403.061, 403.151, 403.704, 403.72, 403.721 FS. History–New 4-22-07, Amended________.

 

62-730.900 Forms.

Forms are listed here by form number. Copies of all forms can be obtained on the internet at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm or by contacting the Hazardous Waste Regulation Section, MS 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. In order to facilitate the initial submission of a complete application, applicants for hazardous waste permits are encouraged to use the Hazardous Waste Facility Permit Application Instructions, which provide guidance to the forms and assistance in assuring that the application complies with the provisions of 40 CFR Part 270 and this chapter.

(1) Notification Forms.

(a) Application for Transfer of a Permit, January 29, 2006. [Form number 62-730.900(1)(a)].

(b) 8700-12FL – Florida Notification of Regulated Waste Activity,________April 22, 2007. [Form number 62-730.900(1)(b)].

(c) 8700-12FL – Florida Notification of Regulated Waste Activity, October 28, 2008. [Form number 62-730.900(1)(c)].

(2) through (8) No change.

Specific Authority 120.53, 403.061, 403.0611 FS. Law Implemented 120.52, 120.53, 120.55, 403.0611, 403.0875, 403.7234 FS. History– New 11-30-82, Amended 4-1-83, 5-5-83, 8-21-83, 3-1-84, 5-31-84, 9-17-84, 10-29-84, 2-11-85, Formerly 17-1.207(1), (3)-(6), Amended 2-6-86, 4-8-86, 9-23-87, Formerly 17-30.401, Amended 6-28-88, 12-12-88, Formerly 17-30.900, Amended 7-3-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.900, Amended 1-5-95, 10-10-02, 1-29-06, 4-22-07, 10-28-08,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Tim J. Bahr
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael W. Sole
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 28, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 10, 2008