This summary is provided to assist hazardous waste handlers in complying with federal and state of Florida regulations. Most of the following regulations have been in effect since November 19, 1980. Florida has adopted and incorporated portions of Title 40 Code of Federal Regulations (CFR) Parts 260-273 into its Florida Administrative Code (F.A.C.) Chapter 62-730. In some instances, 62-730, F.A.C., contains more detail than the CFR as promulgated by the U.S. Environmental Protection Agency (EPA).
Hazardous wastes (HW) are wastes listed in 40 CFR Part 261, Subpart D, as hazardous, or they are wastes characterized in 40 CFR Part 261, Subpart C, as hazardous by exhibiting one of four characteristics: ignitability (i.e., an oxidizer or flash point < 140°), corrosivity (i.e., pH < 2 or > 12.5), reactivity [40 CFR 261.23], or toxicity [40CFR 261.24]. Toxicity is defined through a laboratory procedure called the Toxicity Characteristic Leaching Procedure (TCLP) (Method 1311). The TCLP helps identify wastes likely to leach concentrations of contaminants that may be harmful to human health or the environment.
A hazardous waste determination must be made of any waste material generated (262.11). If the material is hazardous, then it must be recycled, treated, stored or disposed at a HW facility authorized by DEP, EPA or another state. HW cannot be disposed on or in the ground, or in local landfills, septic tanks or injection wells. Also, regardless of quantity, the generator of HW is ultimately responsible for the waste from "cradle to grave," and can be held liable for improper management of HW even though it may have been sent to a authorized HW management facility using a licensed transporter authorized by DEP.
A copy of the federal hazardous waste regulations (40 CFR 260-268) can be obtained from public, college or law libraries; EPA Region 4, Atlanta Federal Center, 61 Forsyth St. S.W., Atlanta, Georgia 30303-3104 (404-562-8579); the U.S. Government Publishing Office, Washington, D.C. 20402; or the U.S. Government Printing Office, 100 W. Bay St., Suite 100, Jacksonville, Florida 32202 (904-353-0569). Copies of Chapter 62-730, F.A.C., may be obtained from DEP.
This page is based on DEP's understanding of the HW regulations. It should be read in conjunction with (and not as a substitute for) the federal and state HW regulations. This summary includes the principal components of the HW regulations. Regulatory requirements may change because of changes in the regulations, new interpretations or guidance from EPA or DEP, judicial rulings, etc.
Ultimately, it is the facility's responsibility to stay current with HW regulations and be in compliance with all applicable environmental regulations. Failure to meet the applicable rules may subject facilities to more stringent standards. For example, small quantity generators (SQGs) dumping HW illegally not only become subject to disposal facility standards but will also be subject to enforcement actions. DEP has an agreement with EPA that mandates the assessment of penalties for violations of the Resource Conservation and Recovery Act (RCRA) requirements.
Many local governments have regulations and ordinances regarding the management of hazardous materials and/or wastes. Please check with those agencies for information on local requirements. New regulations may be adopted by EPA and become effective in Florida prior to adoption by DEP.
On November 8, 1984, the president signed into law the Hazardous and Solid Waste Amendments (HSWA) to the Resource Conservation and Recovery Act (RCRA). The amendments require the EPA to evaluate all listed and characteristic hazardous wastes to determine which wastes should be restricted from land disposal. These restrictions are called the Land Disposal Restrictions (LDR). As of May 8, 1990, most hazardous wastes must be treated to meet these standards prior to disposal in permitted hazardous waste landfills or surface impoundments. The LDR rule prohibits the dilution of restricted wastes as a substitute for effective adequate treatment.
Before treating a HW or disposing of it off-site, the generator must determine whether the waste is subject to the LDR rules, what hazardous constituent levels are in the waste, and whether the waste must be treated or already meets the applicable treatment standard or prohibition level upon generation.
Generators who treat hazardous waste on site in tanks or containers under 40 CFR 262.34 must develop and follow a written waste analysis plan. The plan must be based on a detailed chemical and physical analysis of the waste. Records must be kept documenting treatment. Listed hazardous wastes must still be disposed of to a permitted hazardous waste landfill after treatment.
For the initial shipment of a waste shipped off-site, the generator must notify treatment, storage and disposal facilities of the nature and hazardous constituents of each HW shipped.
The written generator notice must include:
All notifications, certifications and waste analysis data must be kept on-site for at least three (3) years from the date the waste was last sent to on- or off-site treatment or disposal. The generator must submit a new notice if the waste or the receiving facility changes.
The LDR rule provides for a few limited opportunities for delaying the effective date of prohibition, for a treatability variance or for gaining an exemption from the prohibitions. This LDR explanation is a brief synopsis of a complex set of rules and regulations and is not all inclusive. Contact the EPA or DEP or review 40 CFR Part 268 for detailed information.
Used oil must have secondary containment for containers, existing tanks or aboveground tanks.
VSQGs generate no more than 100 kilograms of HW in a calendar month and never accumulate more than 1,000 kilograms of HW at any time. Many wastes that are recycled are included in this quantity determination.
SQGs generate more than 100 kilograms but less than 1,000 kilograms of HW in a calendar month and never accumulate more than 6,000 kilograms of HW at any time. Many wastes that are recycled are included in this quantity determination.
LQGs generate 1,000 or more kilograms of HW in a calendar month or generate 1 kilogram or more of acutely toxic HW. Many wastes that are recycled are included in this quantity determination.
It is the facility's responsibility to comply with other applicable laws such as Occupational Safety & Health Administration (OSHA) worker safety and protective clothing rules; fire codes; Florida's Right to Know Law; Superfund Amendments and Reauthorization Act (SARA); etc.
Hazardous waste may never be disposed of in septic tanks or on the ground.
Hazardous waste may be burned only in permitted hazardous waste incinerators. Do not dispose of hazardous waste by evaporation.
Florida's hazardous waste regulations for transporters and transfer facilities are more comprehensive than the federal regulations.
Title 40 CFR Part 262 Subpart B requires the use of the Uniform Hazardous Waste Manifest (EPA Form 8700-22 and 8700-22a) for hazardous waste shipments. Florida adopted 40 CFR Part 262 Subpart B by reference in Rule 62-730.160, F.A.C.
Obtaining Manifest Forms
Florida does not supply manifests, but does supply a list of vendors from which copies of the manifest may be obtained. Copies may also be available from hazardous waste transporters or hazardous waste management facilities.
40 CFR 262.22 requires the manifest to consist of copies for:
For regular shipments of hazardous waste, Florida does not require the submission of a manifest copy to DEP. However, manifests must be retained for three (3) years and are reviewed as part of hazardous waste compliance inspections conducted by DEP.
When hazardous wastes are shipped under an emergency EPA/DEP identification number, as defined in 62-730.161, F.A.C., the generator must send a legible copy of all signed and returned manifests to DEP within 45 days of the last shipment.
The owner/operator of a designated facility must submit to DEP any manifests for which a significant discrepancy is discovered, as defined in 40 CFR 264.72 and 40 CFR 265.72, if the discrepancy is not resolved within 15 days.
A large quantity generator must submit a legible copy of a manifest to DEP if he has not received a copy of the signed manifest from the designated facility within 45 days of shipment. A small quantity generator must submit a legible copy of a manifest to DEP if the signed manifest is not received from the designated facility within 60 days of shipment.
Florida requires (Rule 62-730.160(1), F.A.C.) the completion of the following sections of the manifest in accordance with Appendix to 40 CFR 262. Waste codes are listed in 40 CFR 261, Subparts C and D.
Form 8700-22
Form 8700-22a
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