Florida Delisting Petitions regulations & environmental compliance analysis

Florida Delisting Petitions: What you need to know

Governing Law and Regulations

Rulemaking petitions: Florida Statutes 120.54(5)

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Delisting petitions: Florida Administrative Code (FAC) 62-730.030 and 40 CFR 260.20 to 260.23

Regulatory Agencies

Florida Department of Environmental Protection (DEP) Division of Waste Management

U.S. Environmental Protection Agency (EPA) Region 4

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Although the Florida Department of Environmental Protection (DEP) is authorized under the Resource Conservation and Recovery Act (RCRA) to administer and enforce the state's hazardous waste management rules, Florida does not have U.S. Environmental Protection Agency (EPA) authority to delist RCRA wastes. To delist a waste in Florida, an applicant must first complete the process to obtain a final delisting decision from the EPA Region 4 office. See the national section DELISTING PETITIONS for more information.

Any EPA exclusion will not apply if the petitioner plans to transport or manage the waste in an authorized state. If the petitioned waste will be transported to or managed in any state with delisting authorization, the petitioner must obtain delisting authorization from that state before managing the waste as nonhazardous in the state. EPA recommends that petitioners contact relevant state and EPA regional offices to determine where to submit delisting petitions.

In general, the effect of granting a delisting petition is to allow management of the excluded waste as nonhazardous. A delisted waste, however, must still be managed in accordance with applicable federal, state, and local regulations for municipal or industrial ...

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Florida Delisting Petitions Resources

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