Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
62-737.400: Requirements and Management Standards for Handlers and Transporters of Spent Universal Waste Lamps and Devices
62-737.900: Forms
PURPOSE AND EFFECT: To delete Form 62-737.900(1), Universal Waste Mercury-Containing Lamp and Device Transporter and Handler Registration Forms and Instructions, Effective 5-20-98, and incorporate 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 registration of handlers and transporters of universal waste mercury lamps and devices. The existing mercury registration form will be deleted.
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, 403.7186, 403.721, FS.
LAW IMPLEMENTED: 403.704, 403.7186, 403.721 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 32399-3000, (850)245-8713 or julie.c.rainey@dep.state.fl.us

THE FULL TEXT OF THE PROPOSED RULE IS:

62-737.400 Requirements and Management Standards for Handlers and Transporters of Spent Universal Waste Lamps and Devices.

(1) through (3)(a)1. No change.

2. Before beginning operations and annually thereafter by March 1, a handler or a transporter of spent universal waste lamps or devices, excluding a person specified in paragraph 1. above, and the sponsor of a reverse distribution program shall register by notifying the Department, using DEP Form 62-737.900(1), of its intent to be a handler or transporter or to operate a reverse distribution program, and certifying that it has employee training procedures in place for the proper handling, emergency response, and containment and cleanup of its spent universal waste lamps or devices. This registration/notification shall be made by submitting a completed Form 62-730.900(1)(b),“8700-12FL – Florida Notification of Regulated Waste Activity,” effective date _______, 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]; and

3(a)3. through c. No change.

4. Within 60 days of receipt of a completed registration form (DEP Form 62-730.900(1)(b) [adopted by reference in subparagraph 62-737.400(3)(a)2., F.A.C.] 62-737.900(1)) and supporting material, including the registration fee if applicable, the Department shall review the form and supporting material and shall either:

4.a. through (b) No change.

1. Before meeting or exceeding an accumulation amount of 5,000 kilograms of lamps or devices, a generator, reverse distribution handler facility, or other handler shall notify the Department per 40 CFR 273.32(b) as adopted by reference under Rule 62-730.185, F.A.C., using DEP Form 62-730.900(1)(b) [adopted by reference in subparagraph 62-737.400(3)(a)2., F.A.C.,] EPA Form 8700-12 and receive a DEP/EPA ID number;

(b)2. through (8) No change.

Specific Authority 403.061, 403.7186 FS Law Implemented 403.704, 403.7186, 403.721 FS. History–New 5-10-95, Amended 5-20-98,_________.

 

62-737.900 Forms.

The following forms are hereby adopted and incorporated by reference. The forms are listed by form number, title, and effective date. The forms can be obtained on the internet at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-737.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. Copies of the forms and instructions may be obtained by writing to the Hazardous Waste Management Section (MS 4555), Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) [reserved] DEP Form 62-737.900(1), Universal Waste Mercury-Containing Lamp and Device Transporter and Handler Registration Form and Instructions. Effective 5/20/98.

(2) through (3) No change.

(4) [reserved] EPA Form 8700-12, Notification of Regulated Waste Activity (and accompanying instructions). Effective 10/9/96.

(5) through (14) No change.

Specific Authority 403.061, 403.7186 FS Law Implemented 403.7186, 403.721 FS. History–New 5-10-95, Amended 5-20-98,________.


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