Section 62-737.150 - Applicability and Exemptions(1) Generators, transporters, and facilities managing or disposing of spent mercury-containing lamps or devices in a manner other than recycling as provided for under this chapter are not subject to the provisions of this chapter, but shall comply with 40 C.F.R. 262.11, as adopted by reference under Rule 62-730.160, F.A.C., and all other applicable Department and federal regulations including Rules 62-737.300 and 62-701.300, F.A.C.(2) The provisions of this chapter, except where specified, apply to spent mercury-containing lamps and devices that are characteristically hazardous wastes for mercury per 40 C.F.R. 261.24, as adopted by reference under Rule 62-730.030, F.A.C. When managed in accordance with this chapter, these wastes are considered to be universal wastes in Florida and are also subject to the applicable 40 C.F.R. Part 273 requirements, revised as of July 1, 2020 http://www.flrules.org/Gateway/reference.asp?No=Ref-13567 and adopted here by reference.(3) Generators of spent universal waste lamps or devices that manage them in accordance with this chapter and Rule 62-730.185, F.A.C., are not required to include these wastes when making hazardous waste generator status quantity determinations under 40 C.F.R. 261.5 or Part 262.(4) Handlers and transporters of universal waste lamps and devices that are complying with this chapter and the applicable 40 C.F.R. Part 273 requirements are exempt from the 40 C.F.R. 268.7 and 268.50 land disposal restriction requirements as adopted by reference under Rule 62-730.183, F.A.C.(5) References in 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(2), F.A.C.] 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 the Department regarding generators 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 the Department 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 the Department regarding standards for the management of specific hazardous waste; 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; and references to Section 3010 of RCRA shall mean notification requirements of Florida Law. The above-mentioned Department rules are found in Chapter 62-730, "Hazardous Waste, " F.A.C.(6) When the same word, phrase, or term is defined in Rule 62-737.200, F.A.C., and 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(2), F.A.C.] and the definitions are not identical, the definitions as given in Rule 62-737.200, F.A.C., shall apply.(7) Unless specifically indicated otherwise, when used in any such provisions as adopted from 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(2), F.A.C.], United States shall mean the State of Florida, EPA shall mean the Department, and Administrator or Regional Administrator shall mean the Secretary of the Department or the Secretary's designee, where appropriate; except substitutions as described in this paragraph shall not be made in 40 C.F.R. 273.32(a)(3) and 273.70.(8) Any reference to 40 C.F.R. Parts 124 or 270 as adopted by reference in 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(2), F.A.C.] shall mean the permitting provisions in Chapter 62-4 or 62-730, F.A.C., or Section 403.722, F.S.(9) Any reference to the Resource Conservation and Recovery Act of 1976 (RCRA) as adopted by reference in 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(2), F.A.C.] shall be construed to refer to comparable provisions of the Florida Resource Recovery and Management Act as established in Part IV of Chapter 403, F.S.Fla. Admin. Code Ann. R. 62-737.150
Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186, 403.721 FS.
New 5-10-95, Amended 5-20-98, Amended by Florida Register Volume 44, Number 124, June 26, 2018 effective 6/18/2018, Amended by Florida Register Volume 47, Number 193, October 5, 2021 effective 10/1/2021.New 5-10-95, Amended 5-20-98, 6-18-18, 10-1-21.