Fla. Admin. Code Ann. R. 62-710.210 - Documents Incorporated by Reference
(1)
General provisions relating to solid waste management may be found in chapter
62-701, "Solid Waste Management Facilities, " F.A.C., including statements of
intent, definitions, prohibitions, general permitting requirements, alternate
procedures, and forms. Except where the context indicates otherwise, these
general provisions apply to this chapter.
(2) The Department adopts by reference 40
C.F.R. Part 279 revised as of July 1, 2017 (http://www.flrules.org/Gateway/reference.asp?No=Ref-08950),
which contains the federal standards for the management of used oil. It is the
intent of the Department to interpret these standards in a manner consistent
with interpretations promulgated by the United States Environmental Protection
Agency, except when such interpretations conflict with Florida law.
(3) "On-specification used oil fuel" means
any used oil which meets the requirements of 40 C.F.R. Part 279.11 [as adopted
in subsection 62-710.210(2),
F.A.C.]. Used oil fuel containing PCBs at a concentration equal to or greater
than 2 ppm, but less than 50 ppm, is regulated under 40 C.F.R. Part 761 .20(e)
and burned only in boilers or industrial furnaces as defined in 40 C.F.R. Part
260.10 [as adopted in subsection
62-730.020(1),
F.A.C.] and identified in 40 C.F.R. Part 279.61 [as adopted in subsection
62-710.210(2),
F.A.C.]. Used oil containing PCBs at a concentration equal to or greater than
50 ppm is fully subject to the requirements of the Toxic Substances Control Act
found in 40 C.F.R. Part 761. Blending used oil for the purpose of reducing the
concentration of PCBs to below 50 ppm is prohibited in accordance with the
provisions of 40 C.F.R.
279.10(i) [as adopted in
subsection 62-710.210(2),
F.A.C.] and 761.20(e).
(4)
References in 40 C.F.R. Part 279 [as adopted in subsection
62-710.210(2),
F.A.C.] 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; reference to 40 C.F.R. Part 263 [as adopted in subsection
62-730.170(1),
F.A.C.] shall mean rules adopted by the Department regarding transporters of
hazardous waste; reference 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; 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.
(5) When the same word,
phrase, or term is defined in rule
62-710.201, F.A.C., and 40
C.F.R. Part 279 [as adopted in subsection
62-710.210(2),
F.A.C.] and the definitions are not identical, the definitions as given in rule
62-710.201, F.A.C., shall
apply.
(6) Unless specifically
indicated otherwise, when used in any such provisions as adopted from 40 C.F.R.
Part 279 [as adopted in subsection
62-710.210(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.
(7) Any reference to
40 C.F.R. Parts 124 or 270 as adopted by reference in 40 C.F.R. Part 279 [as
adopted in subsection
62-710.210(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.
(8) Any reference to the Resource
Conservation and Recovery Act of 1976 (RCRA) as adopted by reference in 40
C.F.R. Part 279 [as adopted in subsection
62-710.210(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.
Notes
Rulemaking Authority 403.061, 403.704, 403.7545, 403.8055 FS. Law Implemented 403.704, 403.7545 FS.
New 6-8-95, Amended 12-23-96, 3-25-97, 6-9-05, 1-4-09, 4-23-13, 6-18-18.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) General provisions relating to solid waste management may be found in chapter 62-701, "Solid Waste Management Facilities, " F.A.C., including statements of intent, definitions, prohibitions, general permitting requirements, alternate procedures, and forms. Except where the context indicates otherwise, these general provisions apply to this chapter.
(2) The Department adopts by reference 40 C.F.R. Part 279 revised as of July 1, 2017 (http://www.flrules.org/Gateway/reference.asp?No=Ref-08950), which contains the federal standards for the management of used oil. It is the intent of the Department to interpret these standards in a manner consistent with interpretations promulgated by the United States Environmental Protection Agency, except when such interpretations conflict with Florida law.
(3) "On-specification used oil fuel" means any used oil which meets the requirements of 40 C.F.R. Part 279.11 [as adopted in subsection 62-710.210(2), F.A.C.]. Used oil fuel containing PCBs at a concentration equal to or greater than 2 ppm, but less than 50 ppm, is regulated under 40 C.F.R. Part 761 .20(e) and burned only in boilers or industrial furnaces as defined in 40 C.F.R. Part 260.10 [as adopted in subsection 62-730.020(1), F.A.C.] and identified in 40 C.F.R. Part 279.61 [as adopted in subsection 62-710.210(2), F.A.C.]. Used oil containing PCBs at a concentration equal to or greater than 50 ppm is fully subject to the requirements of the Toxic Substances Control Act found in 40 C.F.R. Part 761. Blending used oil for the purpose of reducing the concentration of PCBs to below 50 ppm is prohibited in accordance with the provisions of 40 C.F.R. 279.10(i) [as adopted in subsection 62-710.210(2), F.A.C.] and 761.20(e).
(4) References in 40 C.F.R. Part 279 [as adopted in subsection 62-710.210(2), F.A.C.] 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; reference to 40 C.F.R. Part 263 [as adopted in subsection 62-730.170(1), F.A.C.] shall mean rules adopted by the Department regarding transporters of hazardous waste; reference 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; 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.
(5) When the same word, phrase, or term is defined in rule 62-710.201, F.A.C., and 40 C.F.R. Part 279 [as adopted in subsection 62-710.210(2), F.A.C.] and the definitions are not identical, the definitions as given in rule 62-710.201, F.A.C., shall apply.
(6) Unless specifically indicated otherwise, when used in any such provisions as adopted from 40 C.F.R. Part 279 [as adopted in subsection 62-710.210(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.
(7) Any reference to 40 C.F.R. Parts 124 or 270 as adopted by reference in 40 C.F.R. Part 279 [as adopted in subsection 62-710.210(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.
(8) Any reference to the Resource Conservation and Recovery Act of 1976 (RCRA) as adopted by reference in 40 C.F.R. Part 279 [as adopted in subsection 62-710.210(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.
Notes
Rulemaking Authority 403.061, 403.704, 403.7545, 403.8055 FS. Law Implemented 403.704, 403.7545 FS.
New 6-8-95, Amended 12-23-96, 3-25-97, 6-9-05, 1-4-09, 4-23-13, 6-18-18.