FLORIDA HAZARDOUS WASTE MANAGEMENT REGULATIONS THAT DIFFER FROM FEDERAL REQUIREMENTS

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1 FLORIDA HAZARDOUS WASTE MANAGEMENT REGULATIONS THAT DIFFER FROM FEDERAL REQUIREMENTS Chapter 1: Introduction General Notes Lead Agency: Florida Department of Environmental Protection (DEP) Division of Waste Management Bureau of Solid and Hazardous Waste Management 2600 Blair Stone Road MS 4500 Tallahassee, FL The Florida hazardous waste management regulations are published in Chapters through.900 of the Florida Administrative Code. Chapter 2: Hazardous Waste Identification Waste Identification The Florida waste identification regulations are located at Chapter Solid Waste Definition Florida has adopted the federal solid waste definitions and exclusions, with the following exceptions: Hazardous secondary materials being recycled found at 40 CFR 261.4(a)(23 and 24) The remanufacture of high value solvents being recycled found at 40 CFR 261.4(a)(27) The comparable fuels exclusion at 40 CFR 261.4(a)(16) and While this exclusion is still in the Florida rules, it no longer applies. Non-terne plated used oil filters at 40 CFR 261.4(b)(13) Hazardous Waste Listings and Characteristics Florida has adopted the federal hazardous waste listings and characteristics by reference. Chapter 3: Generator Requirements The Florida hazardous waste generator regulations are located at Chapter Florida adopted the federal generator regulations at 40 CFR 262 by reference, with the following additional requirements. CESQGs A conditionally exempt small quantity generator (CESQG) that chooses to send its hazardous waste to an off-site treatment, storage, or disposal facility must document delivery of its hazardous waste through written receipts and other records which are retained for at least three years. The written receipts and other records must include names and addresses of the generator and the treatment, storage, or disposal facility, the type and amount of hazardous waste delivered, and the date of shipment. EPA ID Numbers All generators must obtain an EPA identification number before offering hazardous waste for transport. On some occasions the DEP will provide an emergency identification number, such as: Emergency situations such as spills ENVIRONMENTAL RESOURCE CENTER FL 1

2 FL 2 w ENVIRONMENTAL RESOURCE CENTER Cleanup of abandoned sites One-time cleanup of a site that does not typically generate hazardous waste, and will not generate waste in the foreseeable future To obtain an emergency EPA identification number, the generator of the hazardous waste must submit to the DEP a completed DEP Form (3). Container Storage Requirements Satellite, 90- and 180-day container storage areas must have adequate aisle space to provide sufficient room to inspect the condition of containers and their labels. Generators that ship hazardous waste more than 200 miles may not accumulate 270 days instead of 180 days. Generator Recordkeeping Requirements Generators must maintain written documentation of container inspections for at least three years. At a minimum, this documentation must include: The date and time of the inspection The legibly printed name of the inspector The number of containers The condition of the containers A notation of the observations made The date and nature of any repairs or other remedial actions. Pollution Prevention/Waste Minimization The Florida Pollution Prevention Act enacted a non-regulatory state program aimed at assisting industry to cut costs, reduce wastes, and protect the environment. Florida Pollution Prevention (P2) provides technical assistance, information resources, telephone consultation, workshops and conferences, and on-site waste reduction assessments. Contacts: Department of Environmental Protection Division of Air Resources Management 2600 Blair Stone Road MS 5500 Tallahassee, FL Chapter 4: Volatile Organic Compound Standards Florida has adopted federal requirements at 40 CFR 265 Subparts AA, BB, and CC by reference. Chapter 5: Pre-Transportation Requirements Transporters of hazardous waste must provide documentation of financial responsibility by September 1 annually using form (1)(b) Transfer Facilities Transfer facilities must: Have a unique ID number Submit a closure plan and contingency plan to DEP

3 FLORIDA HAZARDOUS WASTE REGULATIONS w FL 3 Maintain a written record of when all hazardous waste enters and leaves the facility Where wastes are stored during transportation for one to ten days, the DEP must be notified and the requirements of 40 CFR 265 Subparts B (general facility standards), C (preparedness and prevention), D (contingency and emergency plans), and I (management of containers) must be met. The transfer facility must also have a written closure plan, train employees, and must store wastes in containers or in vehicles located on a man-made surface that prevents spills or releases to the ground. The facility must maintain a written record of all wastes entering and leaving the facility, to include times, generator s name, and manifest number. Chapter 6: Land Disposal Restrictions Florida has adopted the federal land disposal restriction requirements at 40 CFR 268. Chapter 7: Spills, Fires, Explosions, and Other Releases Florida has adopted federal requirements for emergency preparedness and prevention and contingency plans at 40 CFR 265 Subparts C and D. In the event of a release, fire, or explosion that could damage human health or the environment outside the facility, the emergency coordinator must notify the State Warning Point in the Division of Emergency Management via the 24-hour number ( ). If there is any release of a substance greater than or equal to its reportable quantity, the facility must also contact the State Warning Point within 24 hours. Chapter 8: Alternative Waste Management Programs Precious Metals, Lead Acid Batteries, Hazardous Waste Burned in Boilers and Industrial Furnaces, Materials Used in a Manner Constituting Disposal Florida has adopted 40 CFR 266 by reference, with the following additional requirement. Owners or operators of facilities claiming exemption to regulations under 40 CFR (b) shall maintain detailed operations records that may be used to determine if the claim of exemption is valid. The records shall be retained for at least three years and be made available to the Department upon request. Used Oil The Florida Used Oil Management Rules are found at Chapter Florida has adopted the Federal used oil standards at 40 CFR 279, as of July 1, 2004, with the following additional requirements: Oily wastes are managed under Florida s used oil regulations. Oily wastes are defined as those materials that are mixed with used oil and have become separated from that used oil. Oily wastes also include materials, including wastewaters, centrifuge solids, filter residues or sludges, bottom sediments, tank bottoms, and sorbents that have come into contact with, and have been contaminated by, used oil. Oil filters may not be disposed of in landfills; they must be recycled by an oil filter processor or municipal refuse incinerator. The following organizations are required to register annually, including a paying $100 fee, using DEP Form (1)(b): Used oil transporters and transfer facilities Used oil processors Used oil fuel marketers Used oil burners of off-specification used oil

4 FL 4 w ENVIRONMENTAL RESOURCE CENTER Transporters and recyclers must keep the following records for three years: The name, business address, telephone number, and EPA identification number of the transporter Source of the oil to be used or transported, including name and street address of each source, EPA identification number, source code designation found in instructions Total number of gallons received from each source, including oily wastes Type of used oil received, using the type code in form instructions Date of receipt Destination or end use of used oil and oily wastes, including name and street address of each end user, used oil ID number, and end use code in form instructions Documentation of halogen screening Registered collection facilities, transporters, and recyclers must submit annual reports by March 1 on DEP Form (4), which summarize the records described above. Public used-oil collection centers must submit the quantity of used oil received from the previous year by July 1 of each year. Used oil transporters who transport more than 500 gallons, annually, of used oil over public highways must be certified. Certifications are renewed annually. To become certified, transporters must: Register with DEP, and comply with recordkeeping and annual reporting requirements Submit training program to DEP and verify that personnel have successfully completed training Maintain training records Have and maintain financial responsibility for sudden accidental occurrences in a minimum amount of $1,000,000 per occurrence Post certificate number on vehicle The following organizations are required to register for the management of used oil filters: Used oil filter transporters Used oil filter transfer facilities Used oil filter processors Used oil filter end users Universal Waste Florida allows pharmaceutical waste to be managed as universal waste. Containers or tanks holding pharmaceutical universal waste must be marked either universal pharmaceutical waste or universal waste pharmaceuticals. Requirements specific to mercury containing lamps and devices destined for recycling Employees involved with the management of universal waste lamps or devices are trained in the proper handling (e.g., packaging and preventing breakage) and emergency cleanup and containment procedures applicable to their handling or transport of spent universal waste lamps or devices. These emergency procedures will be kept on each one of the transporter s vehicles and at the business location of the handler or transporter, and shall be made available for inspection upon request by the Department. Universal waste lamps and devices, or the containers in which they are stored, must be labeled or marked clearly as follows: For universal waste lamps, the words Spent Mercury-Containing Lamps for Recycling, Universal Waste Mercury Lamps, Waste Mercury Lamps, or Used Mercury Lamps; except for crushed lamps which shall be labeled Crushed Mercury Lamps

5 FLORIDA HAZARDOUS WASTE REGULATIONS w FL 5 For universal waste devices, except for thermostats which shall be labeled per 40 CFR (d), the words Spent Mercury-Containing Devices for Recycling, Universal Waste Mercury Devices, Waste Mercury Devices, or Used Mercury Devices A generator of universal waste lamps may use crushing equipment on-site to reduce the volume of the stored lamps provided that: Crushing is done in a final accumulation container The lamps are crushed in a controlled manner that prevents the release of mercury vapor or other contaminants The crushing operations and maintenance of the unit are performed in accordance with written procedures developed by the manufacturer of the equipment including specific instructions for the frequency of filter changes The employees using this equipment are thoroughly familiar with these written procedures and emergency procedures should equipment malfunction occur Chapter 9: Off-Site Management of Hazardous Waste The owner or operator of a permitted hazardous waste facility who desires to locate a transfer facility at the hazardous waste facility must apply for a permit modification. The permit modification requires public notice.

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