(a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Florida has final authorization for the following elements as submitted to EPA in Florida's base program application for final authorizations which was approved by EPA effective on February 12, 1985. Subsequent program revision applications were approved and effective January 30, 1988; October 30, 1988; January 3, 1989; February 12, 1991; April 6, 1992; April 7, 1992; July 20, 1992; January 10, 1994; September 9, 1994; October 17, 1994; December 27, 1994; and June 2, 1997.
(b) State Statutes and Regulations. (1) The Florida statutes and regulations cited in this paragraph are incorporated by reference as part of the hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(i) EPA Approved Florida's Statutory Requirements Applicable to the Hazardous Waste Management Program, dated December 1997.
(ii) EPA Approved Florida's Regulatory Requirements Applicable to the Hazardous Waste Management Program, dated December 1997.
(2) The following statutes and regulations concerning State procedures and enforcement, although not incorporated by reference, are part of the authorized State program:
(i) Florida Statutes, 1993, Chapter 119: 119.01; 119.011; 119.0115 through 119.031; 119.041; 119.05; 119.06; 119.07(1), (2), (3)(a)-(j), (3)(k)(1) first sentence, (3)(l)-(u), (4), (5), and (8); 119.072; 119.08(1)(a), (2) and (3); 119.085; 119.09; 119.092; 119.10; and 119.11 through 119.14.
(ii) Florida Statutes, 1993, Chapter 120: 120.53; 120.57; 120.59; 120.68; and 120.69.
(iii) Florida Statutes, 1993, Chapter 403: 403.021(1)-(9); 403.051(1) and (2); 403.061(21); 403.087(1) second and third sentences, (2)-(4), and (8); 403.0875; 403.091; 403.121; 403.131; 403.141(1) and (2); 403.151; 403.161; 403.201(1)-(3); 403.412; 403.702; 403.703(1); 403.704 (except (8), (11), (20)-(23), (25), and (31)); 403.721(1); 403.721(2)-(4) (except (4)(a)); 403.721(5); 403.721(6)(a)-(g), (j), (k); 403.721(7); 403.722(7) and (9)-(11); 403.7222(3); 403.724(3)-(6); 403.726 (except 403.726(3)); 403.73; 403.7545; 403.8055; and 403.814.
(iv) Florida Statutes, 1994 Supplement to 1993, Chapter 403: 403.061(14); 403.088; 403.707; 403.722(12); 403.7222(3); and 403.727.
(v) Florida Administrative Code, Chapter 62-4, effective July 4, 1995: 62-4.050(1)-(3); 62-4.070(4); and 62-4.070(5).
(vi) Florida Administrative Code, Chapter 62-103, effective October 20, 1996: 62-103.150; and 62-103.155.
(vii) Florida Administrative Code, Chapter 62-730, effective September 7, 1995: 62-730.020(2); 62-730.184; 62-730.200(3); 62-730.220(4); 62-730.220(9); 62-730.231(10); 62-730.240(3); and 62-730.310.
(3) The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the authorized program, and are not codified herein for enforcement purposes.
(i) Florida Statutes, 1993, Chapter 403: 403.087(5); 403.201(4) (only the phrase “may require by rule a processing fee for and”); 403.704(8); 403.721(4)(a); 403.7215(1)-(4); 403.722(8); 403.723; 403.724(7); 403.754(1)-(7); 403.767(1)-(3)(c); 403.78 through 403.7893; and 403.7895.
(ii) Florida Administrative Code, Chapter 62-4, effective July 4, 1995: 17-4.050(4)(k), (n)-(p), (r) and (s)-(x); 62-4.050(5)-(7).
(iii) Florida Administrative Code, Chapter 62-730, effective September 7, 1995: 62-730.170(2) and (3);62-730.180(10); 62-730.290 (only the phrase “and submittal of the appropriate permit modification fee”).
(4) Unauthorized State Provisions. The State's adoption of the following Federal rules is not approved by EPA and are, therefore, not enforceable:
| Federal requirement
| Federal Register reference
| Publication date
|
|---|
| HSWA Codification Rule: Corrective Action (Checklist 17 L) | 50 FR 28702 | 7/15/85
|
| HSWA Codification Rule 2: Corrective Action Beyond Facility Boundary (Checklist 44 B); Corrective Action for Injection Wells (Checklist 44 C); and Permit Modification (Checklist 44 D) | 52 FR 45788 | 12/1/87
|
| Burning of Hazardous Waste in Boilers and Industrial Furnaces (Checklist 85) | 56 FR 7134 | 2/12/91
|
| Burning of Hazardous Waste in Boilers and Industrial Furnaces; Corrections and Technical Amendments I (Checklist 94) | 56 FR 32688 | 7/1/91
|
| Burning of Hazardous Waste in Boilers and Industrial Furnaces; Technical Amendments II (Checklist 96) | 56 FR 42504 | 8/27/91
|
| Coke Ovens Administrative Stay (Checklist 98) | 56 FR 43874 | 9/5/91
|
| Recycled Coke By-Product Exclusion (Checklist 105) | 57 FR 27880 | 6/22/92
|
| Burning Hazardous Waste in Boilers and Industrial Furnaces; Technical Amendment III (Checklist 111) | 57 FR 38558 | 8/25/92
|
| Recycled Used Oil Management Standards (Checklist 112) | 57 FR 41566: Amendments to 40 CFR Parts 260, 261, and 266 | 9/10/92
|
| Burning of Hazardous Waste in Boilers and Industrial Furnaces; Technical Amendment IV (Checklist 114) | 57 FR 44999 | 9/30/92
|
| Corrective Action Management Units and Temporary Units (Checklist 121) | 58 FR 8658 | 2/16/93
|
| Recycled Used Oil Management Standards; Technical Amendments and Corrections I (Checklist 122) | 58 FR 26420: Amendments to 40 CFR Parts 261, 264, and 265 | 5/3/93 |
(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region IV and the Florida Department of Environmental Protection, signed by the EPA Regional Administrator on October 23, 1993, as amended on November 28, 1994, and on December 9, 1994, is referenced as part of the authorized hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(6) Statement of Legal Authority. “Attorney General's Statement for Final Authorization” certifications signed by the General Counsel of Florida on June 21, 1984; March 12, 1987; June 16, 1988; February 21, 1989; May 30, 1989; June 13, 1990; May 28, 1991; October 9, 1991; July 14, 1992; September 24, 1993; December 20, 1993; February 27, 1994; January 25, 1996; and May 20, 1996, is referenced as part of the authorized hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 6921.
(7) Program Description. The Program Description and any other materials submitted as part of the original application, or as supplements thereto, are referenced as part of the authorized hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
[63 FR 2898, Jan. 20, 1998]