Fla. Admin. Code Ann. R. 62-737.800 - Permit Application Requirements and General Permitting Standards for Mercury Recovery and Mercury Reclamation Facilities
(1) A person wanting to construct or operate
a mercury recovery or mercury reclamation facility shall submit an application
to the Department to obtain a permit and shall meet the requirements for the
applicable operation prior to commencing any construction activities or
conducting any operations contained in this chapter.
(2) Information in the application shall be
of sufficient detail to show how the facility will be constructed, operated,
and closed, and how it will be monitored and maintained during operations and
closure in order to comply with the requirements of this chapter. All
engineering plans, reports and information supporting the application shall be
compiled or supervised, and signed and sealed, by a professional engineer
registered in Florida.
(3) All
permit applications required under this chapter shall be submitted on DEP Form
62-737.900(2)
and shall be accompanied by a $2,000 permit fee or $4,000 for a combined
mercury recovery and reclamation facility.
(4) All permit applications shall contain the
following information:
(a) Applicant's name
and address;
(b) Location of
facility. A facility cannot be located in a 100-year flood plain unless the
applicant can provide reasonable assurance that the facility will be
constructed to prevent flooding;
(c) Description of its storage, operations,
processing equipment and pollution control equipment;
(d) A contingency plan for responding to
interruptions to operations and emergencies in accordance with 40 CFR Part 264
Subpart D as adopted by reference in Rule
62-730.180(1),
F.A.C.;
(e) A worker health and
safety plan including training:
1. Facility
personnel must successfully complete a program of classroom or on-the-job
training that teaches them to perform their duties in a way that ensures the
safe operation of the processing equipment, and that ensures the facility's
compliance with its emergency response procedures and its inspection methods to
identify and prevent releases to the environment. Facility personnel must also
be informed of their possible exposure to hazardous substances in their work
environment and must be informed of the facility's health and safety plan.
Owners and operators are advised that other OSHA requirements may apply to
their facility operations, and
2.
Operators of equipment, or those involved in the processing operations must
complete the training specified in subparagraph (4)(e)1. before conducting
processing activities. Facilities shall maintain written records of the
successful training of these employees, including any new ones, and the type
and nature of the training provided for each employee for a period of three
years from the date an employee last worked at the facility;
(f) A quality control plan that
defines how the facility operator will monitor and evaluate the requirements
specified in the facility's submittals under paragraphs (c), (d), (e), (g) and
(i) of this section. The quality control plan shall include examples of
checklists, logs or inspection forms to monitor compliance with the
requirements under this chapter. Any required sampling and analysis for
operations or closure shall meet the requirements of Rule
62-160.300(6),
F.A.C. The Standard Operating Procedures Manual to be followed for sampling
shall be the "Quality Assurance Standard Operating Procedures for Sampling at
Facilities Permitted Under Chapter 62-737, F.A.C., November 14, 1997", which is
hereby incorporated by reference, or equivalent procedures may be used as
specified in Rule 62-160.300(6), F.A.C.;
(g) A closure plan conforming to the
requirements of 40 CFR Part 264, Subpart G as adopted by reference under Rule
62-730.180(1), F.A.C., including financial assurance:
1. Financial assurance shall be provided to
the Department in accordance with 40 CFR Part 264, Subpart H as adopted by
reference under Rule 62-730.180(1), F.A.C., except for all references to
40 CFR
264.144,
264.145,
264.146
and
264.147.
References in 40 CFR Part 264, Subpart H to the United States Environmental
Protection Agency (EPA) shall mean the State of Florida Department of
Environmental Protection; to Regional Administrator shall mean the Secretary of
the Department; and
2. Applicants
shall complete the applicable Department forms listed in Rule
62-730.900(4)(a)
-(j), F.A.C., to demonstrate compliance with the financial assurance
requirements of this rule. Photocopies of Department-supplied forms are
acceptable. Retyped forms are not acceptable and will be returned;
(h) A demonstration by the owner
or operator of the proper amount of general and pollution liability insurance
as specified in paragraph (13) below; and
(i) An inspection plan including schedules
for inspecting processing equipment, safety and monitoring equipment, emission
control equipment and emergency response equipment for malfunctions and
deterioration, operator errors, and discharges which may cause, or lead to a
release of hazardous matrerials into the environment or which might lead to a
threat to human health. This plan shall also cover preparedness and prevention
activities in accordance with 40 CFR Part 264 Subpart C as adopted by reference
under Rule 62-730.180(1), F.A.C.
(5) The permit application will be processed
in accordance with Section 403.722, F.S., including the requirements for
notification of local governments of the filing of the application and
publication of notice of the filing of the application as set forth in
Subsection
403.722(12),
F.S., and the publication of notice of the Department's proposed agency action
to issue the permit as set forth in Subsection 403.722(10), F.S.
(6) Permits issued under this chapter shall
be subject to the renewal and transfer requirements of Rule 62-730.300, F.A.C.,
except that DEP Form 62-737.900(2) shall be substituted for DEP Form
62-730.900(2).
(7) All owners and operators of mercury
recovery and mercury reclamation facilities shall:
(a) Have established markets for the
utilization of reclaimed materials and be able to identify these markets to the
Department;
(b) Only introduce into
the processing equipment lamps or devices for which the equipment was
specifically designed to process, and operate and maintain processing equipment
consistent with the equipment manufacturer's specifications;
(c) Inspect their facilities for malfunctions
and deterioration, for operator errors, and discharges which may cause, or lead
to a release of hazardous materials into the environment or which might lead to
a threat to human health; and
(d)
Keep records of inspections (logs) which shall include the date and time of the
inspection, the name of the inspector, a notation of observations made, and the
date and nature of any repairs made or other remedial actions taken. The logs
or records must be kept for a minimum of three years from the date of the
inspection.
(8) Owners
and operators shall install, operate, monitor and maintain air pollution
control equipment as to reduce the mercury emissions from the processing
equipment, processing operations and in the processing area in accordance with
the Department's air permitting requirements as specified in Rule
62-210.300,
F.A.C.
(9) Owners and operators
shall store processed and unprocessed materials in closed containers; and for
broken or damaged unprocessed lamps and devices, and residuals, store these in
closed, covered and sealed containers or in enclosed areas of the facility
conforming to paragraph 62-296.417(1), F.A.C., to prevent mercury emissions.
They shall store unprocessed materials, ampoules, phosphor powder and other
mercury-containing residuals indoors to prevent breakage of lamps or devices
prior to further processing and to prevent a release of hazardous materials to
the environment. Separated glass and metal that is stored outdoors shall be
stored in covered, watertight containers or in a manner that otherwise prevents
contact with water and prevents the release of hazardous materials into the
environment, located within portions of the facility with controlled access
limited to authorized persons only, and stored in compliance with any
applicable hazardous waste storage requirements adopted under Chapter 62-730,
F.A.C. Universal waste lamps and devices, and other wastes that mercury
reclamation facilities are permitted to receive, may not be stored longer than
one year from when they were first received.
(10) Per Rule
62-730.290,
F.A.C., owners and operators shall, using DEP Form
62-737.900(2),
notify the Department prior to any modifications to the operations or equipment
which do not conform to the approved permit. Fees for such modifications shall
be 10 percent of the fees specified in subparagraph
62-4.050(4)(k)
17., F.A.C., except for modifications specified under subparagraph
62-4.050(4)(k)
17.a., F.A.C., in which case the modification fee shall be the same as the
permit application fee specified in Subsection 62-737.800(3).
(11) Owners and operators shall keep and
maintain copies of shipping documents, including shipping papers and logs
detailing shipments received from transporters, hazardous waste manifests and
any documents disclosing shipping discrepancies. Such records shall be kept at
the facility location for a period of three years from the dates of receipt or
shipment, shall be made available to the Department upon request, and shall
include the following information:
(a) The
dates, amounts, and generators of material received for storage or
processing;
(b) The dates, amounts
and destinations of materials shipped off-site for further processing or
disposal; and
(c) Any other
information that indicates the ultimate disposition of the stored or processed
materials.
(12) Owners
and operators shall submit annual reports to the Department on DEP Form
62-737.900(3)
by March 1 of each year, with the first report due March 1, 1996, for
activities performed in the previous calendar year, that shall include the
following information:
(a) Total types and
amounts of materials received by the facility for storage or
processing;
(b) Amounts, by
destination, of materials shipped off-site for processing, recycling or
disposal; and
(c) Total amounts and
descriptions of any unprocessed and processed materials stored at the facility
at the beginning and end of the reporting period.
(13) The owner or operator shall establish
and maintain general liability and pollution liability insurance in amounts
adequate to provide coverage for liability potentially incurred in the
operation of the facility. For purposes of this rule, insurance coverage in the
amount of one million dollars of annual aggregate coverage for general
liability and one million dollars of annual aggregate coverage for pollution
liability shall be deemed adequate. Each insurance policy must be issued by an
insurer licensed to transact the business of insurance or eligible to provide
insurance as an excess or surplus lines insurer in the State of Florida. Proof
of such insurance shall be provided to the Department at least 60 days prior to
initial receipt of universal waste lamps or devices and then annually
thereafter. The insurance must be effective before this initial receipt of
universal waste lamps or devices. Such proof shall consist of a signed
duplicate original certificate of insurance with the Secretary of the
Department listed as the certificate holder. If requested by the Department,
the insured must provide a signed duplicate original of the insurance
policy.
(14) Within two weeks of
any emergency event, the operator of the facility shall submit to the
Department a written report on the emergency that shall include a description
of the origin or cause of the emergency, the actions taken to deal with the
emergency, the results of those actions taken, and an analysis of the success
or failure of the actions. Emergency events include potential hazards to human
health and the environment caused by any unplanned sudden or non-sudden release
of hazardous waste or hazardous waste constituents to the air, soil, or surface
or ground water as a result of fire, explosion, natural disaster, equipment
failure, or some other occurrence.
Notes
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