As used in this chapter, unless the context indicates otherwise, the following words, phrases, or terms shall have the following meanings:
    (1) “”Ampoule”” means an enclosed vessel containing liquid mercury or mercury amalgam and that is a component of a mercury-containing lamp or device and can typically be removed intact from that mercury-containing lamp or device.
    (2) “”Applicant”” means the person applying to receive a permit under this chapter to operate a mercury recovery or mercury reclamation facility located within the state.
    (3) “”Closure”” means the assessment, remedial action or abatement needed to identify, remove and properly dispose of or recycle all spent lamps, mercury-containing devices, and mercury-containing residuals or contaminated media and debris from mercury recovery or mercury reclamation facilities after the date of cessation of operations.
    (4) “”Daily processing capacity”” means the maximum amount of spent lamps, mercury-containing devices, or mercury-containing residuals, expressed as tons of materials, which can be fully processed by the processing equipment within 24 hours.
    (5) “”Department”” means the Florida Department of Environmental Protection.
    (6) “”Facility”” means all contiguous land and structures, equipment and other appurtenances, and improvements on the land owned or operated for mercury recovery or mercury reclamation operations.
    (7) “”Generator”” means any person whose act or process produces spent mercury-containing lamps or devices.
    (8) “”Indoors”” means within a structure that excludes rain and public access and would control air flows in the event of a fire.
    (9) “”Mercury-containing devices”” means any electrical product, or other devices, excluding a battery or a mercury-containing lamp, that is unprocessed and has been determined by the Department as proven to release mercury into the environment. The Department has determined that the following items are included in this definition: mercury thermostats, electric mercury switches and relays, thermometers, manometers, ampoules removed from lamps or these devices in accordance with the 40 C.F.R. § 273.13 or 273.33 thermostat ampoule removal standards as adopted by reference under Fl. Admin. Code R. 62-730.185, and other devices which contain liquid mercury as a component necessary for their operation.
    (10) “”Mercury-containing lamp”” means any type of high or low pressure lighting device that is unprocessed such as being crushed by a generator per paragraph 62-737.400(6)(b), contains mercury, and that generates light through the discharge of electricity either directly or indirectly through a fluorescing coating. This term includes fluorescent lamps, mercury vapor lamps, metal halide lamps, high pressure sodium lamps and neon lamps containing mercury. The term excludes mercury-containing lamps used in residential applications and that are disposed of as part of ordinary household waste. For the purposes of this chapter, except for annual reporting requirements under subsection 62-737.800(12), it is assumed that 4 unbroken lamps are equal to 1 kilogram in weight.
    (11) “”Mercury-containing residuals”” or “”residuals”” mean materials or wastes including separated glass, separated metal, phosphor powder, ampoules not removed from lamps or these devices in accordance with the 40 C.F.R. § 273.13 or 273.33 thermostat ampoule removal standards, filtration material or any other residuals or combinations of the above that are generated as a result of mercury-containing lamp or device recovery or reclamation operations, or as the result of a cleanup, and that contain or have been in contact with mercury.
    (12) “”Mercury reclamation facility”” means a universal waste lamp or device destination facility where operations or processes are performed or equipment is used to receive and recapture mercury from spent mercury-containing lamps or devices, ampoules, mercury-containing materials or residuals, or pourable, commodity grade mercury materials and that can demonstrate, using a quality control plan approved in accordance with Fl. Admin. Code Chapter 62-160, and an EPA analytical test method for determining the total mercury content of a waste material, an effective reclamation rate of at least 99% of the mercury introduced into its process or a resulting total mercury concentration remaining in the processed material that is below the method detection limit; and by which a commercial grade of mercury is produced for recycling.
    (13) “”Mercury recovery facility”” means a universal waste lamp or device destination facility where operations or processes are performed or equipment is used to receive and process spent mercury-containing lamps or devices for the purpose of crushing or dismantling and separating the lamps or devices in a manner as to produce: separated, individual recyclable components such as glass and scrap metal; and mercury-containing phosphor powder or other mercury-containing residuals that will be processed at a mercury reclamation facility for the purpose of reclamation of the mercury.
    (14) “”Method detection limit”” means the smallest concentration of an analyte of interest that can be measured and reported with 99 percent confidence that the concentration is greater than zero.
    (15) “”OSHA”” means the United States Occupational Safety and Health Administration.
    (16) “”Person”” means any and all persons, natural or artificial, including any individual, firm or association; any municipal or private corporation organized or existing under the laws of this state or any other state; any county of this state; and any governmental agency of this state or the Federal government.
    (17) “”Phosphor powder”” or “”powder”” means the mercury-containing calcium or other luminescent phosphor powder contained within a spent fluorescent lamp.
    (18) “”Process”” or “”operation”” means the application and use of processing equipment.
    (19) “”Processed material”” means a component of a lamp or a device that is a direct result of processing equipment operations.
    (20) “”Processing equipment”” means any equipment that is used in mercury recovery or mercury reclamation operations to separate, crush, consolidate, recover, retort, distill or to physically alter the state of spent mercury-containing lamps or devices, or mercury-containing residuals as they are received.
    (21) “”Reclaimed”” means the processing of a material to return it to its commercial marketable form.
    (22) “”Recycled”” or “”Recycling”” means any process by which spent lamp, mercury-containing device, or mercury-containing residual components such as glass, mercury, phosphor powder or metal are reused or returned to use in the form of products or raw materials.
    (23) “”Reverse distribution program”” means a manufacturer- or distributor-sponsored product stewardship program in which a manufacturer or distributor, including a person distributing lamps to its subsidiary facilities, or a group of manufacturers or distributors, acting together or through a trade organization, assumes responsibility and provides for the collection of spent mercury-containing lamps or devices at its own facility or facilities that are designated by it, for the purposes of recovering and reclaiming the mercury from such lamps or devices. In a program sponsored by a lamp or device manufacturer, it shall provide evidence that reclaimed mercury is used in new mercury-containing lamps or devices produced by the manufacturer(s).
    (24) “”Separated glass”” means glass that is separated as a result of mercury recovery or reclamation operations and is from the processing of mercury-containing lamps or devices.
    (25) “”Separated metal”” means metal, both ferrous or non-ferrous, that is separated as a result of mercury recovery or reclamation operations and is from the processing of mercury-containing lamps or devices.
    (26) “”Spent”” means has been used, removed from service and is to be discarded.
    (27) “”Truck”” means a trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicles as run only upon a track, bicycles, mopeds, motorcycles or farm tractors and trailers.
    (28) “”Universal waste lamp or device destination facility”” or “”lamp or device destination facility”” means a mercury recovery or reclamation facility permitted by the Department or an out-of-state recycling facility permitted by another state for the processing of universal waste lamps or devices and the ultimate recovery and reclamation of the mercury they contain, and one that meets the applicability requirements for a destination facility under 40 C.F.R. § 273.60 as adopted by reference under Fl. Admin. Code R. 62-730.185
    (29) “”Universal waste device”” or “”device”” means any mercury-containing device, excluding one generated by a household exempted under 40 C.F.R. § 261.4(b)(1), that is also characteristically hazardous for mercury under 40 C.F.R. § 261.24 and is being managed in accordance with this chapter.
    (30) “”Universal waste lamp”” or “”lamp”” means any mercury-containing lamp that is also characteristically hazardous for mercury under 40 C.F.R. § 261.24 and is being managed in accordance with this chapter.
    (31) “”Universal waste lamp or device handler”” or “”handler”” means a generator, or another person including a transfer facility storing lamps or devices more than 10 days, that generates or receives universal waste lamps or devices from other handlers, accumulates and manages these lamps and devices in accordance with this chapter, and ships them to a universal waste lamp or device destination facility.
    (a) A large quantity handler of universal waste lamps or devices is: a generator or reverse distribution handler accumulating 5,000 kilograms or more of universal waste lamps or devices at any one time; or another handler, excluding a generator or reverse distribution handler, that accumulates 2,000 kilograms or more of lamps or 100 kilograms or more of devices at any one time.
    (b) A small quantity handler of universal waste lamps or devices is a generator or reverse distribution handler accumulating less than 5,000 kilograms of universal waste lamps or devices at any one time; or another handler that accumulates less than 2,000 kilograms of lamps or 100 kilograms of devices at any one time.
    (32) “”Universal waste lamp or device transfer facility”” or “”transfer facility”” means an in-state transportation-related facility including loading docks, parking areas, storage areas, and other similar areas, including those designated at lamp generator facilities during relamping activities, where shipments of universal waste lamps or devices are held during the normal course of transportation for 10 days or less. Transfer facilities do not include handler facility areas where handlers are accumulating lamps or devices in accordance with 40 C.F.R. § 273.15 or 273.35.
    (33) “”Universal waste lamp or device transporter”” or “”transporter”” means any person, including a generator or other handler, engaged in the off-site transportation of universal waste lamps or devices to a handler or lamp or device destination facility by air, rail, highway or water.
Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186, 403.721 FS. History-New 5-10-95, Amended 5-20-98.