Section 62-737.840 - Additional Permitting Requirements for Mercury Recovery Facilities(1) Mercury recovery facilities shall conform to the general facility requirements as specified in Rule 62-737.800, F.A.C. In addition, these facilities shall meet the requirements of this section.(2) These facilities shall not store quantities of processed or unprocessed materials that exceed the allowed permitted storage specified in its operating permit. The storage of processed material shall not exceed amounts greater than 100 tons total at any one time.(3)(a) If a facility's processed materials are to be delivered to other than a mercury reclamation facility, the facility shall test and ensure that such materials containing mercury: 1. Have less than 3 parts per million of "average mercury" during each consecutive 12 week time period of operations, 2. Have less than 5 parts per million of total mercury as reported in the "weekly composite sample of process operations;" and,3. Are not a hazardous waste.(b) Processed materials that are in excess of the allowable levels of mercury specified in subsection (a), above, shall either be retested, reprocessed or delivered to a mercury reclamation facility.(c) The processed material's mercury content shall be demonstrated through sampling and analytical testing of these materials for total mercury as follows: 1. Facility operators shall take daily physical samples of the mercury-containing materials at the point at which they exit the processing equipment. These samples shall be representative of the materials processed during that day.2. At the beginning of each week, the prior week's daily samples shall be consolidated into one weekly sample which shall be submitted for chemical analysis of total mercury content using an approved EPA methodology specified under the facility's operating permit issued under this chapter. At least three separate daily samples shall be taken in order to obtain a weekly sample. When a facility is not operating at least three days during a week, that week will be dropped out of the 12 week rolling average under subparagraph (c)3., below. However, all daily samples that are in a week that has been dropped out shall be counted towards the very next weekly sample that is included in a 12 week rolling average. The result of this analysis shall be considered the "weekly composite sample of process operations."3. The "average mercury" value calculation shall be the average of weekly composite sample results from samples taken during the most recent 12 week time period with each new weekly composite sample result replacing the oldest sample result that was used in the 12 week period.(d) Effective January 1, 2000, the "average mercury" content and the "weekly composite sample of process operations" identified in subparagraphs (a)1. and 2., shall be reduced to 1 part per million and 3 parts per million, respectively. 1. The owners or operators of any facility or group of facilities may request in writing a determination by the Department that the provisions for mercury recovery of this paragraph may be met through proposed alternate procedures. This request must address the criteria set forth in subsection 62-701.310(2), F.A.C., which is hereby incorporated by reference solely for the purposes of this paragraph. Requests for alternate procedures shall be submitted to the appropriate District office of the Department in the form of a request for permit modification, and shall be acted upon by that District office in the same manner as any other permit modification. The fee shall be the same as for permit modifications provided in subsection 62-737.800(10), F.A.C.2. In order to show that the alternate procedure provides an equal degree of protection for the public and the environment, a person shall demonstrate that the total amount of mercury to be annually recovered and reclaimed under the alternate procedure would be at least as much as the total amount of mercury that would be recovered and reclaimed without the alternate procedure. Such a determination shall initially be based upon the amount of mercury recovered by a facility from processed materials subject to the standard in this paragraph during the base year immediately preceding a request for approval of alternate procedures as documented on Form 62-737.900(3). If the amount of processed materials has increased during the current or a subsequent year over the preceding base year, the facility shall make the appropriate adjustments during that year to ensure that an equivalent amount of mercury is being recovered and reclaimed as would be had the alternate procedure not been approved.(e) Wastes or materials which are not identified in this chapter or which are the result of spills, releases or accidental contact with mercury or other hazardous substances shall be managed at a mercury reclamation facility or in accordance with Chapter 62-730, F.A.C.(4) A mercury recovery facility shall be able to demonstrate to the Department that the receiving mercury reclamation facility, if located in another state, can reclaim 99% of the mercury contained in the powder, ampoules or mercury-containing process materials through a semi-annual demonstration meeting the specifications of subsection 62-737.860(4), F.A.C. Statistically significant and updated laboratory analyses shall accompany these demonstrations. Shipments of the above, excluding ampoules removed in accordance with the 40 C.F.R. 273.13 or 273.33 thermostat ampoule removal standards, shall be accompanied by a uniform hazardous waste manifest and be made by a transporter complying with Rule 62-730.170, F.A.C.(5) These facilities shall ensure that the separated materials that are generated from its operation are suitable and safe for their intended end use and shall bear the burden of responsibility for the safety of these materials sold or delivered from the operation. Facilities shall notify in writing receiving sources, other than mercury reclamation facilities, of the potential or actual content of any hazardous substances present in the processed materials.Fla. Admin. Code Ann. R. 62-737.840
Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186, 403.721 FS.
New 5-10-95, Amended 5-20-98, 1-17-00.New 5-10-95, Amended 5-20-98, 1-17-00.