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Air Indoor Resources - Hazardous Waste Management

EPA and Florida RCRA Rules

Subtitle C – Environmental Protection Agency Hazardous Waste Rule Citations and Florida Department of Environmental Protection Rule Adoptions by Reference

Part 261 adopted in Chapter 62-730.030, FAC - Waste Identification: A generator has the responsibility to determine if it has a hazardous waste by either using "process knowledge" or by laboratory analysis. Hazardous wastes are RCRA "listed wastes" (by identity) or RCRA "characteristic wastes;" i.e., based on a) ignitability, b) corrosivity, c) reactivity and/or toxicity. Hazardous wastes are subject to RCRA regulation.

Part 262 adopted in Chapter 62-730.160, FAC - Generator Requirements: This discusses hazardous waste determination, EPA identification numbers, manifesting, pre-transport requirements, recordkeeping and reporting, and exports. Generators over 2,200 pounds or greater are required to submit biennial reports.

Part 263 adopted in Chapter 62.730.180, FAC - Transporter Requirements: The transporter requirements include such standards as the need for a transporter EPA identification number, transfer facility requirements, manifesting and recordkeeping, and actions to be taken in the event of hazardous waste discharges or spills.

Part 264 adopted in Chapter 62.730.180(1), FAC - Treatment, Storage and Disposal (TSD) Requirements: The requirements for these facilities encompass the need for EPA identification numbers, waste analysis, inspection requirements, personnel training, preparedness and prevention of releases, contingency plan and emergency procedures, manifesting, recordkeeping and reporting, and requirements for releases from solid waste management units, closure and post-closure requirements, and financial requirements. They also include the use and management of containers, tank systems, surface impoundments, waste piles, land treatment, landfills, incinerators, drip pads, miscellaneous other units, and corrective action for solid waste management units. There are also air emission standards for process vents, equipment leaks, tanks, surface impoundments, and building containment requirements.

Part 265 adopted in Chapter 62.730.180(2) FAC - Interim Status Requirements: Geared for facilities or entities that have gone into business but have not yet received a permit under RCRA for operation or facilities and entities that have lost their RCRA permit for operation. A few of the requirements given in Part 265 have to do with identification numbers and notifications, waste analysis, training, emergency preparedness and prevention, manifesting, recordkeeping and reporting, financial requirements, and the management of containers, surface impoundments, waste piles, landfills, incinerators, and various treatment options.

Part 266 adopted in Chapter 62.730.181, FAC - Special Waste Requirements: This gives requirements for recyclable materials used in a manner constituting disposal such as precious metal recovery, and hazardous waste burned in boilers and industrial furnaces.

Part 268 adopted in Chapter 62.730.183, FAC - Land Disposal Restrictions: The requirements and restrictions for land disposal of hazardous wastes cover the dilution prohibition, establishment of treatment standards, ban on land disposal of certain specific wastes, treatment standards, prohibitions on storage, and exemptions from some requirements.

Part 270 adopted in Chapter 62.730.220, FAC - Permit Program Requirements: Permit requirements include permit application, permit conditions, changes to permits, expiration and retention of permits, and qualifications for and termination of interim status. Part 265 (above) also has information about interim status.

Part 271 - State Authorization Requirements: Addresses state authorization for state EPA-approved hazardous waste program, the elements of submission for a proposed authorized program, the Memorandum of Agreement with the EPA Regional Administrator, how permitting is handled, how the state is expected to regulate facilities (generators, transporters, etc.), program withdrawal, and how specific areas are to be managed.

Part 273 - adopted in Chapter 62.730.185, Universal Waste Requirements: Addresses wastes such as batteries, pesticides, thermostats, thermometers, and household/domestic waste and small quantities of hazardous waste generators, large quantity handlers, and transporters.

Contact Information

Wendy Murphy
325 West Gaines Street
Suite, 1054
Tallahassee, FL 32399
Phone: (850) 245-9295